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Home > Statutes > Usa Oregon
USA Statutes : oregon
Title : TITLE 14 PROCEDURE IN CRIMINAL MATTERS GENERALLY
Chapter : Chapter 142 Stolen Property
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] (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] 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.
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] A sale of property pursuant to
ORS 142.040 conveys a good title to the purchaser as against any person.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]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.

_______________
 
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