Chapter 142 — Stolen
Property
2011 EDITION
STOLEN PROPERTY
PROCEDURE IN CRIMINAL MATTERS GENERALLY
142.010 Officer’s
custody of stolen property is subject to order of magistrate or court
142.020 Delivery
of stolen property to owner
142.030 Rights
and authority conferred by order of delivery
142.040 Disposal
of unclaimed money or property; sale of property
142.050 Title
of purchaser at sale
142.060 Crediting
and appropriating proceeds of sale paid into county treasury; rights of owner
142.070 Powers
and duties of peace officers respecting theft and slaughter of animals and
other property
142.010 Officer’s custody of stolen
property is subject to order of magistrate or court.
When property alleged to have been the subject of a theft comes into the custody
of a peace officer, the peace officer shall hold it subject to the order of the
magistrate or court, as provided in ORS 142.020. [Amended by 1971 c.743 §334]
142.020 Delivery of stolen property to
owner. (1) On satisfactory proof of the title
of the owner of the property, the magistrate who examines the charge against
the person accused of the crime shall order it to be delivered to the owner, or
the duly authorized agent of the owner, on the paying by the owner of the
reasonable and necessary expenses incurred in its preservation, which shall be
ascertained and certified by the magistrate.
(2)
If property that is the subject of a theft has not been delivered to the owner,
the court before which a trial is had for the
stealing thereof may, on like proof and condition, order its delivery to the
owner or the agent of the owner. [Amended by 1971 c.743 §335]
142.030 Rights and authority conferred by
order of delivery. The order provided for in ORS
142.020 entitles the owner or the agent of the owner to demand and receive the
possession of the property from the officer having it in custody and authorizes
such officer to deliver it accordingly; but it does not affect the rights of
third persons.
142.040 Disposal of unclaimed money or property;
sale of property. If stolen property is not
claimed by the owner within 60 days from the conviction of the person charged
with the theft, the officer having it in custody shall, if it is money, pay it
into the county treasury. If it is other property, the officer may dispose of
the property in accordance with ORS 98.245 or sell it as upon an execution and,
after paying the expenses of the sale and preservation of the property, which
shall be ascertained and certified by the clerk of the court, pay the proceeds
into the county treasury. [Amended by 1971 c.743 §336; 1997 c.480 §4]
142.050 Title of purchaser at sale.
A sale of property pursuant to ORS 142.040 conveys a good title to the
purchaser as against any person.
142.060 Crediting and appropriating
proceeds of sale paid into county treasury; rights of owner.
Money paid into the county treasury pursuant to ORS 142.040 shall be credited
and appropriated as a fine imposed upon a person convicted of theft; but the
owner of the property, at any time within six years of the conviction, upon
making satisfactory proof of ownership before the county court of the county,
may, by the order of such court, have the proceeds repaid to the owner from the
county treasury. [Amended by 1971 c.743 §337]
142.070 Powers and duties of peace
officers respecting theft and slaughter of animals and other property.
All persons serving as special officers for the enforcement of any state or
municipal law hereby are vested with the full powers of peace officers in so
far as the same may be necessary or convenient for the apprehension of any
persons engaged in, or accused of, the theft or slaughter of livestock,
livestock carcasses, poultry, killed or dressed, or other personal property and
products of the same or different kind from farms, pastures, ranges, industrial
plants and other places of production or robbing the owners of such personal
property, or other persons in possession of the same; for the prevention of
such crimes; and for obtaining and seeking to obtain evidence of such crimes.
It is the duty of all peace officers in the State of Oregon to enforce all laws
for the protection of the property and the prevention of the crimes above
mentioned.
142.080
[Amended by 1973 c.836 §77; renumbered 133.460]
142.090
[Amended by 1973 c.836 §78; renumbered 133.465]
142.100
[Amended by 1973 c.836 §79; renumbered 133.470]
142.110
[Amended by 1973 c.836 §80; renumbered 133.475]
142.120
[Renumbered 133.485]
142.130
[Renumbered 133.495]
142.210
[Amended by 1973 c.836 §76; renumbered 133.455]
142.990
[Repealed by 1973 c.836 §358]
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