Oregon Law
Law as of Jan 1, 2026
Chapter contents
131.005General definitions 131.007“Victim” defined 131.010[Repealed by 1973 c.836 §358] 131.015Application to prior and subsequent actions 131.020[Repealed by 1973 c.836 §358] 131.025Parties in criminal action 131.030[Repealed by 1973 c.836 §358] 131.035When departures, errors or mistakes in pleadings or proceedings are material 131.040When law enforcement officer may communicate with person represented by counsel 131.045Appearances by simultaneous electronic transmission 131.105Timeliness of criminal actions 131.110[Amended by 1971 c.743 §315a; repealed by 1973 c.836 §358] 131.120[Repealed by 1973 c.836 §358] 131.125Time limitations 131.130[Repealed by 1973 c.836 §358] 131.135When prosecution commenced 131.145When time starts to run; tolling of statute 131.155Tolling of statute; three-year maximum 131.205Definition for ORS 131.205 to 131.235 131.210[Repealed by 1973 c.836 §358] 131.215Jurisdiction 131.220[Repealed by 1973 c.836 §358] 131.225Exceptions 131.230[Repealed by 1973 c.836 §358] 131.235Criminal homicide 131.240[Repealed by 1973 c.836 §358] 131.250[1971 c.743 §291; repealed by 1973 c.836 §358] 131.305Place of trial 131.310[Repealed by 1973 c.836 §358] 131.315Special provisions 131.320[Repealed by 1973 c.836 §358] 131.325Place of trial; doubt as to place of crime; conduct outside of state 131.330[Repealed by 1973 c.836 §358] 131.335Change of venue 131.340[Repealed by 1973 c.836 §358] 131.345Motion for change of venue; when made 131.350[Amended by 1971 c.743 §316; repealed by 1973 c.836 §358] 131.355Change of venue for prejudice 131.360[Amended by 1973 c.743 §317; repealed by 1973 c.836 §358] 131.363Change of venue in other cases 131.365[1959 c.664 §5; repealed by 1973 c.836 §358] 131.370[Repealed by 1973 c.836 §358] 131.375Notification on change of venue 131.380[Repealed by 1973 c.836 §358] 131.385When change of venue is complete 131.390[Amended by 1971 c.746 §318; repealed by 1973 c.836 §358] 131.395Expenses of change; taxation as costs 131.400[Repealed by 1973 c.836 §358] 131.405Attendance of defendant at new place of trial 131.410[Repealed by 1973 c.836 §358] 131.415Conveyance of defendant in custody after change of venue 131.420[Amended by 1961 c.442 §1; repealed by 1973 c.836 §358] 131.430[Repealed by 1973 c.836 §358] 131.440[Repealed by 1973 c.836 §358] 131.450[Repealed by 1973 c.836 §358] 131.460[Repealed by 1973 c.836 §358] 131.470[Repealed by 1973 c.836 §358] 131.505Definitions for ORS 131.505 to 131.525 131.515Previous prosecution; when a bar to second prosecution 131.525Previous prosecution; when not a bar to subsequent prosecution 131.535Proceedings not constituting acquittal 131.550Definitions for ORS 131.550 to 131.600 131.553Legislative findings; effect on local laws; remedy not exclusive 131.556Right, title and interest in forfeited property vests in seizing agency 131.558Property subject to forfeiture 131.561Seizure of property subject to forfeiture 131.564Status of seized property; release; maintenance and use 131.566Motor vehicle with hidden compartment 131.567Recorded notice of intent to forfeit real property; form 131.570Notice of seizure for forfeiture; service on persons other than defendant; publication of notice 131.573Petition for expedited hearing 131.576Order restoring custody of property after expedited hearing 131.579Affidavit in response to notice of seizure for forfeiture 131.582Prosecution of criminal forfeiture; indictment or information; burden of proof; judgment; notice to claimants 131.585Extent of judgment 131.588Judgment of forfeiture; contents; effect 131.591Equitable distribution of property or proceeds; intergovernmental agreements 131.594Disposition and distribution of forfeited property when seizing agency not the state 131.597Disposition and distribution of forfeited property when seizing agency is the state 131.600Record keeping and reporting requirements 131.602Prohibited conduct for purposes of instrumentalities of crime 131.604Disposition of forfeited cigarettes 131.605Definitions for ORS 131.605 to 131.625 131.615Stopping of persons 131.625Frisk of stopped persons 131.655Detention and interrogation of persons suspected of theft committed in a store or unlawful operation of audiovisual device in a motion picture theater; probable cause 131.665Prevention by public officers 131.675Dispersal of unlawful assemblages 131.685Authority of Governor to enter into agreements with other states for crime prevention purposes 131.705Definitions for ORS 131.705 to 131.735 131.715Proclamation of emergency period by Governor 131.725Exclusion from public property 131.735Review of exclusion order 131.805Authority to employ special agents 131.815Presentment of facts to circuit court 131.825Hearing 131.835Request that judge of another district conduct hearing; traveling expenses 131.845Findings 131.855Appointment of special officers on finding that laws are not enforced 131.860Qualifying of special officers; powers and duties 131.865Compensation of special officers 131.875Effect of appointment of special officers on salary of regular officers 131.880Appointment of railroad police officers; liability 131.885Offer of reward 131.890Entitlement to reward; use of public money to reward bounty hunter 131.892Offer of reward for information on commission of criminal offense 131.895Procedure for payment 131.897Authority to order repayment of reward as part of sentence 131.900Liability for medical expenses for person restrained, detained or taken into custody 131.905Legislative findings 131.906Law Enforcement Contacts Policy and Data Review Committee; duties; report 131.908Funding contributions 131.909Moneys received 131.910[2001 c.687 §10; repealed by 2017 c.532 §16] 131.915Definitions 131.920Policies and procedures prohibiting profiling 131.925Complaints alleging profiling; complaint form 131.930Definitions 131.935Collection of officer-initiated stop data; use of data; rules 131.940Analysis of stop data to identify profiling; report 131.945Training for law enforcement agencies; presentation to local public safety coordinating council 131.990[Formerly 145.990; repealed by 1987 c.526 §2]

Chapter 131 — Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention

ORS 131.585 Extent of judgment

(1)

The court shall enter judgment to the extent that the property is proceeds of the crime of conviction or of past prohibited conduct that is similar to the crime of conviction.

(2)

With respect to property that is an instrumentality of the crime of conviction or of past prohibited conduct that is similar to the crime of conviction, the court shall consider:

(a)

Whether the property constitutes the defendant’s lawful livelihood or means of earning a living.

(b)

Whether the property is the defendant’s residence.

(c)

The degree of relationship between the property and the prohibited conduct, including the extent to which the property facilitated the prohibited conduct or could facilitate future prohibited conduct.

(d)

The monetary value of the property in relation to the risk of injury to the public from the prohibited conduct.

(e)

The monetary value of the property in relation to the actual injury to the public from the prohibited conduct.

(f)

The monetary value of the property in relation to objective measures of the potential or actual criminal culpability of the person or persons engaging in the prohibited conduct, including:

(A)

The inherent gravity of the prohibited conduct;

(B)

The potential sentence for similar prohibited conduct under Oregon law;

(C)

The defendant’s prior criminal history; and

(D)

The sentence actually imposed on the defendant.

(g)

Any additional relevant evidence.

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Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.