ORS Chapter 142 - Oregon Statutes

Chapter 142 — StolenProperty

 

2009 EDITION

 

 

STOLENPROPERTY

 

PROCEDUREIN CRIMINAL MATTERS GENERALLY

 

142.010     Officer’scustody of stolen property is subject to order of magistrate or court

 

142.020     Deliveryof stolen property to owner

 

142.030     Rightsand authority conferred by order of delivery

 

142.040     Disposalof unclaimed money or property; sale of property

 

142.050     Titleof purchaser at sale

 

142.060     Creditingand appropriating proceeds of sale paid into county treasury; rights of owner

 

142.070     Powersand duties of peace officers respecting theft and slaughter of animals andother property

 

      142.010Officer’s custody of stolen property is subject to order of magistrate orcourt.When property alleged to have been the subject of a theft comes into thecustody of a peace officer, the peace officer shall hold it subject to theorder of the magistrate or court, as provided in ORS 142.020. [Amended by 1971c.743 §334]

 

      142.020Delivery of stolen property to owner. (1) On satisfactory proof of the titleof the owner of the property, the magistrate who examines the charge againstthe person accused of the crime shall order it to be delivered to the owner, orthe duly authorized agent of the owner, on the paying by the owner of thereasonable and necessary expenses incurred in its preservation, which shall beascertained 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 likeproof and condition, order its delivery to the owner or the agent of the owner.[Amended by 1971 c.743 §335]

 

      142.030Rights and authority conferred by order of delivery. The orderprovided for in ORS 142.020 entitles the owner or the agent of the owner todemand and receive the possession of the property from the officer having it incustody and authorizes such officer to deliver it accordingly; but it does notaffect the rights of third persons.

 

      142.040Disposal of unclaimed money or property; sale of property. If stolenproperty is not claimed by the owner within 60 days from the conviction of theperson charged with the theft, the officer having it in custody shall, if it ismoney, pay it into the county treasury. If it is other property, the officermay dispose of the property in accordance with ORS 98.245 or sell it as upon anexecution and, after paying the expenses of the sale and preservation of theproperty, 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; 1997c.480 §4]

 

      142.050Title of purchaser at sale. A sale of property pursuant to ORS 142.040 conveysa good title to the purchaser as against any person.

 

      142.060Crediting and appropriating proceeds of sale paid into county treasury; rightsof owner.Money paid into the county treasury pursuant to ORS 142.040 shall be creditedand appropriated as a fine imposed upon a person convicted of theft; but theowner of the property, at any time within six years of the conviction, uponmaking 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 thecounty treasury. [Amended by 1971 c.743 §337]

 

      142.070Powers and duties of peace officers respecting theft and slaughter of animalsand other property.All persons serving as special officers for the enforcement of any state ormunicipal law hereby are vested with the full powers of peace officers in sofar as the same may be necessary or convenient for the apprehension of anypersons engaged in, or accused of, the theft or slaughter of livestock,livestock carcasses, poultry, killed or dressed, or other personal property andproducts of the same or different kind from farms, pastures, ranges, industrialplants and other places of production or robbing the owners of such personalproperty, or other persons in possession of the same; for the prevention ofsuch 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 lawsfor the protection of the property and the prevention of the crimes abovementioned.

 

      142.080 [Amended by1973 c.836 §77; renumbered 133.460]

 

      142.090 [Amended by1973 c.836 §78; renumbered 133.465]

 

      142.100 [Amended by1973 c.836 §79; renumbered 133.470]

 

      142.110 [Amended by1973 c.836 §80; renumbered 133.475]

 

      142.120 [Renumbered133.485]

 

      142.130 [Renumbered133.495]

 

      142.210 [Amended by1973 c.836 §76; renumbered 133.455]

 

      142.990 [Repealed by1973 c.836 §358]

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