Article XV, Section 10 of the Oregon State Constitution

In this post, we start to look at Article XV, Section 10 of the Oregon State Constitution.  Article XV is entitled "Miscellaneous", but that does not mean unimportant.  Section 10 is a long section and when originally passed by the Legislature had been called "The Oregon Property Protection Act of 2000".  The section has 16 subsections and we will consider all in the course of 2 posts to find out what property is being protected and how.

Section 10, Subsection (1)

This subsection contains the title.

Section 10, Subsection (2)

This subsection indicates that this contains a statement of principles regarding the subject matter.  These are a series of statements that are designed to build on one another.  This provides the context that while law enforcement has a right to seize property, there are limits as to forfeiture of the property due to criminal proceedings.  There is mention of restitution in Article I, Section 42 however that section does not define the detailed terms.

Section 10, Subsection (3)

This states at the beginning that forfeiture is contingent entirely on conviction.  In the case of a civil suit where an aggrieved party (victim of the crime) sues for restitution by way of seized property.

Section 10, Subsection (4)

Similar crimes can be used as the basis for making a claim for forfeiture.  This subsection mentions specific requirements for that.

Section 10, Subsection (5)

This subsection allows for seizure of property with out conviction of a crime.  Partly, this is included such that in some way the spouse cannot attempt to shield the property through ownership whilst being cognizant of the of the crime and doing nothing to stop it.

Section 10, Subsection (6)

In this subsection, it defines what is the standard of evidence that has to be met.  For personal property, it is the preponderance of the evidence.  For real property it is "clear and convincing" evidence.  The (b) is aimed to allow for easier suits against drug crimes.

Section 10, Subsection (7)

This subsection provides for proportionality of the property seized vs. the impact of the crime committed.

Section 10, Subsection (8)

This subsection protects banks so that if a house has a mortgage or there is an outstanding lien on a car, seizure of the property also effects movement of the mortgage or lien.