and 135.285. When conditions of the release agreement have been

135.280 and 135.285. When conditions of the release agreement have been performed and the defendant has been discharged from all obligations in the cause, the clerk of the court shall return to the person shown by the receipt to have made the deposit, unless the court orders otherwise, 85 percent of the sum which has been deposited and shall retain as security release costs 15 percent, but not less than $5 nor more than $750, of the amount deposited. The interest that has accrued on the full amount deposited shall also be retained by the clerk. The amount retained by the clerk of a circuit court shall be paid over as directed by the State Court Administrator for deposit in the General Fund. The amount retained by a justice of the peace shall be deposited in the county treasury. The amount retained by the clerk of a municipal court shall be deposited in the municipal corporation treasury. At the request of the defendant the court may order whatever amount is repayable to defendant from such security amount to be paid to defendant�s attorney of record.

����� (3) Instead of the security deposit provided for in subsection (2) of this section the defendant may deposit with the clerk of the court an amount equal to the security amount in cash, stocks, bonds, or real or personal property situated in this state with equity not exempt owned by the defendant or sureties worth double the amount of security set by the magistrate. The stocks, bonds, real or personal property shall in all cases be justified by affidavit. The magistrate may further examine the sufficiency of the security as the magistrate considers necessary. [1973 c.836 �153; 1979 c.878 �1; 1981 c.837 �1; 1981 s.s. c.3 �112; 1983 c.763 �44; 1987 c.905 �14; 2009 c.659 ��9,11; 2011 c.595 ��158,159]

����� 135.270 Taking of security. (1) When a security amount has been set by a magistrate for a particular offense or for a defendant�s release, any person designated by the magistrate may take the security and release the defendant to appear in accordance with the conditions of the release agreement. The person designated by the magistrate shall give a receipt to the defendant for the security so taken and within a reasonable time deposit the security with the clerk of the court having jurisdiction of the offense.

����� (2) If a magistrate has designated a person to take security and release defendants under subsection (1) of this section, the clerk of the court shall continue to accept the security release deposits described in ORS 135.265 during the normal business hours of the court. [1973 c.836 �154; 2015 c.493 �3]

����� 135.275 Seizure of security by law enforcement agency. (1) A law enforcement agency may not seize any cash, cashier�s checks, money orders, credit cards, stocks, bonds or real or personal property that a person deposits, or attempts to deposit, with the clerk of the court, or a person designated by a magistrate to take security under ORS 135.270, in order to obtain security release as described in ORS 135.265 unless the law enforcement agency first obtains:

����� (a) A search warrant issued pursuant to ORS 133.545 authorizing seizure of the cash, cashier�s checks, money orders, credit cards, stocks, bonds or real or personal property as items subject to search and seizure as described in ORS 133.535; or

����� (b) A court order under ORS 131A.060 directing seizure of the cash, cashier�s checks, money orders, credit cards, stocks, bonds or real or personal property as property subject to forfeiture under ORS 131A.020.

����� (2) After seizing cash, cashier�s checks, money orders, credit cards, stocks, bonds or real or personal property under subsection (1) of this section, a law enforcement agency may not further transfer or distribute the cash, cashier�s checks, money orders, credit cards, stocks, bonds or real or personal property to any person or entity without a court order specifically authorizing the transfer or distribution.

����� (3) As used in this section, �law enforcement agency� has the meaning given that term in ORS