Bill Text: OR HB3041 | 2011 | Regular Session | Enrolled

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Bill Title: Relating to forfeiture; and declaring an emergency.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-06-21 - Chapter 455, (2011 Laws): Effective date June 21, 2011. [HB3041 Detail]

Download: Oregon-2011-HB3041-Enrolled.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         House Bill 3041

Sponsored by Representatives CLEM, OLSON; Representatives GELSER,
  JOHNSON, SCHAUFLER, SPRENGER, Senator MORSE

                     CHAPTER ................

                             AN ACT

Relating to forfeiture; amending ORS 167.347; and declaring an
  emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 167.347 is amended to read:
  167.347. (1) If any animal is impounded pursuant to ORS 167.345
and is being held by a county animal shelter or other animal care
agency pending outcome of criminal action charging a violation of
ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428,
prior to final disposition of the criminal charge, the county or
other animal care agency { +  or, on behalf of the county or
other animal care agency, the district attorney, + } may file a
petition in the criminal action requesting that the court issue
an order forfeiting the animal to the county or other animal care
agency prior to final disposition of the criminal charge. The
petitioner shall serve a true copy of the petition upon the
defendant and { + , unless the district attorney has filed the
petition on behalf of the county or other animal care agency, + }
the district attorney.
  (2) Upon receipt of a petition pursuant to subsection (1) of
this section, the court shall set a hearing on the petition. The
hearing shall be conducted within 14 days after the filing of the
petition, or as soon as practicable.
  (3)(a) At a hearing conducted pursuant to subsection (2) of
this section, the petitioner shall have the burden of
establishing probable cause to believe that the animal was
subjected to a violation of ORS 167.315 to 167.333, 167.340,
167.355, 167.365 or 167.428. If the court finds that probable
cause exists, the court shall order immediate forfeiture of the
animal to the petitioner, unless the defendant, within 72 hours
of the hearing, posts a security deposit or bond with the court
clerk in an amount determined by the court to be sufficient to
repay all reasonable costs incurred, and anticipated to be
incurred, by the petitioner in caring for the animal from the
date of initial impoundment to the date of trial.
  (b) Notwithstanding paragraph (a) of this subsection, a court
may waive for good cause shown the requirement that the defendant
post a security deposit or bond.
  (4) If a security deposit or bond has been posted in accordance
with subsection (3) of this section, and the trial in the action
is continued at a later date, any order of continuance shall
require the defendant to post an additional security deposit or

Enrolled House Bill 3041 (HB 3041-INTRO)                   Page 1

bond in an amount determined by the court that shall be
sufficient to repay all additional reasonable costs anticipated
to be incurred by the petitioner in caring for the animal until
the new date of trial.
  (5) If a security deposit or bond has been posted in accordance
with subsection (4) of this section, the petitioner may draw from
that security deposit or bond the actual reasonable costs
incurred by the petitioner in caring for the impounded animal
from the date of initial impoundment to the date of final
disposition of the animal in the criminal action.
  (6) The provisions of this section are in addition to, and not
in lieu of, the provisions of ORS 167.350 and 167.435.
  SECTION 2.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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Passed by House April 21, 2011

    .............................................................
                         Ramona Kenady Line, Chief Clerk of House

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Passed by Senate June 7, 2011

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 3041 (HB 3041-INTRO)                   Page 2

Received by Governor:

......M.,............., 2011

Approved:

......M.,............., 2011

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2011

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 3041 (HB 3041-INTRO)                   Page 3