Title 131 · ORS Chapter 131

131.564. �� (b) After costs have been paid, the seizing agency shall distribute to the victim any amount the seizing agency was ordered to distribute under ORS 131.588 (4). �� (c) Of the prope

Citation: ORS 131.564

Section: 131.564

131.564.

�� (b) After costs have been paid, the seizing agency shall distribute to the victim any amount the seizing agency was ordered to distribute under ORS 131.588 (4).

�� (c) Of the property remaining after costs have been paid under paragraph (a) of this subsection and distributions have been made under paragraph (b) of this subsection, the seizing agency shall distribute:

�� (A) Three percent to the Asset Forfeiture Oversight Account established in ORS 131A.460;

�� (B) Seven percent to the Illegal Drug Cleanup Fund established in ORS 475.495 for the purposes specified in ORS 475.495 (5) and (6);

�� (C) Ten percent to the state General Fund;

�� (D) Subject to subsection (5) of this section, 40 percent to the Department of State Police or the Department of Justice for official law enforcement use; and

�� (E) Forty percent to the Drug Prevention and Education Fund established in ORS 430.422.

�� (2)(a) Any amount paid to or retained by the Department of Justice under subsection (1) of this section must be deposited in the Criminal Justice Revolving Account in the State Treasury.

�� (b) Any amount paid to or retained by the Department of State Police under subsection (1) of this section must be deposited in the State Police Account.

�� (3) The state may:

�� (a) With written authorization from the district attorney for the jurisdiction in which the property was seized, destroy any firearms or controlled substances.

�� (b) Sell the forfeited property by public or other commercially reasonable sale and pay from the proceeds the expenses of keeping and selling the property.

�� (c) Retain any vehicles, firearms or other equipment usable for law enforcement purposes, for official law enforcement use directly by the state.

�� (d) Lend or transfer any vehicles, firearms or other equipment usable for law enforcement purposes to any federal, state or local law enforcement agency or district attorney for official law enforcement use directly by the transferee entity.

�� (4) When the state has entered into an intergovernmental agreement with one or more political subdivisions under ORS 131.591, or when a law enforcement agency of this state has entered into an agreement with another law enforcement agency of this state, an equitable portion of the forfeited property distributed under subsection (1)(c)(D) of this section must be distributed to each agency participating in the seizure or criminal forfeiture as provided by the agreement.

�� (5) The property distributed under subsection (1)(c)(D) of this section, including any proceeds received by the state under an intergovernmental agreement or under an agreement between state law enforcement agencies, must be divided as follows:

�� (a) When no law enforcement agency other than the Department of Justice participated in the seizure or forfeiture, or when the Department of Justice has entered into an agreement under subsection (4) of this section, the property must be deposited in the Criminal Justice Revolving Account.

�� (b) When no law enforcement agency other than the Department of State Police participated in the seizure or forfeiture, or when the Department of State Police has entered into an agreement under subsection (4) of this section, the property must be deposited in the State Police Account.

�� (6) The seizing agency may sell as much property as may be needed to make the distributions required by subsection (1) of this section. The seizing agency shall make distributions to the Asset Forfeiture Oversight Account and the Illegal Drug Cleanup Fund that are required by subsection (1) of this section once every three months. The distributions are due within 20 days of the end of each quarter. Interest does not accrue on amounts that are paid within the period specified by this subsection. [2005 c.830 �17; 2009 c.78 �55]

�� 131.600 Record keeping and reporting requirements. (1) A seizing agency and any agency that receives forfeited property or proceeds from the sale of forfeited property under ORS 131.550 to 131.600 shall maintain written documentation of each sale, decision to retain, transfer or other disposition of forfeited property.

�� (2)(a) As soon as practicable following the seizure of property for criminal forfeiture, forfeiture counsel shall file with the Asset Forfeiture Oversight Advisory Committee an electronic report that describes the property seized and the circumstances of the seizure.

�� (b) As soon as practicable following entry of judgment under ORS 131.588, forfeiture counsel shall file with the committee an electronic report describing the judgment and the manner in which any forfeited property and the proceeds from any sales of forfeited property were distributed.

�� (3) Law enforcement agencies shall supply to forfeiture counsel all information requested by forfeiture counsel that is necessary for the preparation of the electronic reports required by subsection (2) of this section.

�� (4) Political subdivisions of this state that receive forfeiture proceeds under ORS 131.594 shall submit an electronic report to the committee for any calendar year in which those proceeds are received. The report must be submitted no later than January 31 of the following year and must describe how the proceeds received by the political subdivision have been or will be used.

�� (5) The committee may require forfeiture counsel or a political subdivision to include in the electronic reports described in this section any additional information requested by the committee.

�� (6) The committee shall develop and make available electronic forms for the purposes of the reports described in this section. [2005 c.830 �18; 2011 c.504 �1; 2013 c.9 �1]

�� 131.602 Prohibited conduct for purposes of instrumentalities of crime. The crimes to which ORS 131.550 (12)(b) applies are:

�� (1) Bribe giving, as defined in ORS 162.015.

�� (2) Bribe receiving, as defined in ORS 162.025.

�� (3) Public investment fraud, as defined in ORS 162.117.

�� (4) Bribing a witness, as defined in ORS 162.265.

�� (5) Bribe receiving by a witness, as defined in ORS 162.275.

�� (6) Simulating legal process, as defined in ORS 162.355.

�� (7) Official misconduct in the first degree, as defined in ORS 162.415.

�� (8) Assisting another person to commit suicide, as defined in ORS 163.193.

�� (9) Custodial interference in the second degree, as defined in ORS 163.245.

�� (10) Custodial interference in the first degree, as defined in ORS 163.257.

�� (11) Buying or selling a person under 18 years of age, as defined in ORS 163.537.

�� (12) Using a child in a display of sexually explicit conduct, as defined in ORS 163.670.

�� (13) Encouraging child sexual abuse in the first degree, as defined in ORS 163.684.

�� (14) Encouraging child sexual abuse in the second degree, as defined in ORS 163.686.

�� (15) Encouraging child sexual abuse in the third degree, as defined in ORS 163.687.

�� (16) Possession of materials depicting sexually explicit conduct of a child in the first degree, as defined in ORS 163.688.

�� (17) Possession of materials depicting sexually explicit conduct of a child in the second degree, as defined in ORS 163.689.

�� (18) Theft in the second degree, as defined in ORS 164.045.

�� (19) Theft in the first degree, as defined in ORS 164.055.

�� (20) Aggravated theft in the first degree, as defined in ORS 164.057.

�� (21) Extortion, as defined in ORS 164.075.

�� (22) Theft by deception, as defined in ORS 164.085, if it is a felony or a Class A misdemeanor.

�� (23) Theft by receiving, as defined in ORS 164.095, if it is a felony or a Class A misdemeanor.

�� (24) Theft of services, as defined in ORS 164.125, if it is a felony or a Class A misdemeanor.

�� (25) Unauthorized use of a vehicle, as defined in ORS 164.135.

�� (26) Mail theft or receipt of stolen mail, as defined in ORS 164.162.

�� (27) Laundering a monetary instrument, as defined in ORS 164.170.

�� (28) Engaging in a financial transaction in property derived from unlawful activity, as defined in ORS 164.172.

�� (29) Burglary in the second degree, as defined in ORS 164.215.

�� (30) Burglary in the first degree, as defined in ORS 164.225.

�� (31) Possession of a burglary tool or theft device, as defined in ORS 164.235.

�� (32) Unlawful entry into a motor vehicle, as defined in ORS 164.272.

�� (33) Arson in the second degree, as defined in ORS 164.315.

�� (34) Arson in the first degree, as defined in ORS 164.325.

�� (35) Computer crime, as defined in ORS 164.377.

�� (36) Robbery in the third degree, as defined in ORS 164.395.

�� (37) Robbery in the second degree, as defined in ORS 164.405.

�� (38) Robbery in the first degree, as defined in ORS 164.415.

�� (39) Unlawful labeling of a sound recording, as defined in ORS 164.868.

�� (40) Unlawful recording of a live performance, as defined in ORS 164.869.

�� (41) Unlawful labeling of a videotape recording, as defined in ORS 164.872.

�� (42) A violation of ORS 164.886.

�� (43)(a) Endangering aircraft in the first degree, as defined in ORS 164.885.

�� (b) Endangering aircraft in the second degree, as defined in ORS 164.885.

�� (44) Interference with agricultural operations, as defined in ORS 164.887.

�� (45) Forgery in the second degree, as defined in ORS 165.007.

�� (46) Forgery in the first degree, as defined in ORS 165.013.

�� (47) Criminal possession of a forged instrument in the second degree, as defined in ORS