72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to A-Eng. SB 59
 
LC 1189/SB 59-A6
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 59
 
                    By COMMITTEE ON JUDICIARY
 
                             July 7
 
  On page 1 of the printed A-engrossed bill, line 3, after ' 8'
delete the rest of the line and line 4 and insert ', 57 and 58,
chapter 666, Oregon Laws 2001; repealing ORS 166.281; and
declaring an emergency.'.
  On page 2, delete lines 25 through 45 and insert:
  '  { +  SECTION 2. + } Section 57, chapter 666, Oregon Laws
2001, is amended to read:
  '  { +  Sec. 57. + } Sections 1 to 19 { + , chapter 666, Oregon
Laws 2001, and section 3 of this 2003 Act + }   { - of this 2001
Act - }  are repealed on July 31, 2005.
  '  { +  SECTION 3. + }  { + (1) Except as provided in
subsection (4) of this section, sections 1 to 18, chapter 666,
Oregon Laws 2001, do not apply to the forfeiture of a firearm or
other deadly weapon that was possessed, used or available for use
to facilitate a criminal offense.
  ' (2) Except as provided in subsection (3) of this section, at
the time of sentencing for any criminal offense in which a
firearm or other deadly weapon was possessed, used or available
for use to facilitate the offense, the court shall declare the
weapon to be contraband and order that the weapon be forfeited.
  ' (3) If a firearm or other deadly weapon that was possessed,
used or available for use to facilitate a criminal offense was
stolen from its lawful owner and was recovered from a person
other than the lawful owner, the court may not order that the
weapon be forfeited but shall order that the weapon be restored
to the lawful owner as soon as the weapon is no longer needed for
evidentiary purposes.
  ' (4) The court shall release a firearm or other deadly weapon
forfeited under subsection (2) of this section to the law
enforcement agency that seized the weapon. The law enforcement
agency may destroy or sell the weapon, use the weapon as a
service weapon or use the weapon for training, identification or
demonstration purposes. When a weapon is sold pursuant to this
subsection, the law enforcement agency shall pay the proceeds
from the sale, less the costs of the sale, as provided in
sections 16 and 17, chapter 666, Oregon Laws 2001.
  ' (5) As used in this section, 'deadly weapon' has the meaning
given that term in ORS 161.015. + }
  '  { +  SECTION 4. + }  { + (1) Except as provided in
subsection (2) of this section, at the time of sentencing for any
criminal offense in which a firearm or other deadly weapon was
possessed, used or available for use to facilitate the offense,
the court shall declare the weapon to be contraband and order
that the weapon be forfeited.
  ' (2) If a firearm or other deadly weapon that was possessed,
used or available for use to facilitate a criminal offense was
stolen from its lawful owner and was recovered from a person
other than the lawful owner, the court may not order that the
weapon be forfeited but shall order that the weapon be restored
 
to the lawful owner as soon as the weapon is no longer needed for
evidentiary purposes.
  ' (3) The court shall release a firearm or other deadly weapon
forfeited under subsection (1) of this section to the law
enforcement agency that seized the weapon. The law enforcement
agency may destroy or sell the weapon, use the weapon as a
service weapon or use the weapon for training, identification or
demonstration purposes. When a weapon is sold pursuant to this
subsection, the law enforcement agency shall pay the proceeds
from the sale, less the costs of the sale, as follows:
  ' (a) When the seizing agency is not the state:
  ' (A) Three percent to the Asset Forfeiture Oversight Account
established in ORS 475A.160;
  ' (B) Seven percent to the Illegal Drug Cleanup Fund
established in ORS 475.495;
  ' (C) Ten percent to the state General Fund;
  ' (D) Forty percent to the Mental Health Alcoholism and Drug
Services Account established in ORS 430.380; and
  ' (E) Forty percent to the general fund of the political
subdivision that operates the law enforcement agency, to be used
for law enforcement purposes; or
  ' (b) When the seizing agency is the state:
  ' (A) Three percent to the Asset Forfeiture Oversight Account
established in ORS 475A.160;
  ' (B) Seven percent to the Illegal Drug Cleanup Fund
established in ORS 475.495;
  ' (C) Ten percent to the state General Fund;
  ' (D) Forty percent to be distributed equitably between the
agencies that participated in the seizure, to be used by those
agencies for law enforcement purposes; and
  ' (E) Forty percent to the Mental Health Alcoholism and Drug
Services Account established in ORS 430.380.
  ' (4) As used in this section, 'deadly weapon' has the meaning
given that term in ORS 161.015. + } ' .
  On page 3, delete lines 1 through 12.
  On page 6, after line 16, insert:
  '  { +  SECTION 14. + }  { + This 2003 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2003 Act
takes effect on its passage. + } ' .
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