Oregon's Constitution generally requires that property may be forfeited only if the owner is convicted of crime involving the property. Constitution currently prohibits use of proceeds for law enforcement purposes. Measure would allow civil forfeiture of property for crimes that are substantially similar to crime of conviction. Measure would permit forfeiture without conviction if the person took property with intent to defeat forfeiture, knew or should have known that the property constituted proceeds or instrumentality of criminal conduct, or acquiesced in criminal conduct. The measure requires proof by preponderance of evidence to forfeit personal property, and by clear and convincing evidence to forfeit real property. The measure provides an exemption for forfeiture of animals. The measure would allow using forfeiture proceeds for law enforcement purposes.
Source for Popular Vote data: Oregon Secretary of State. STATE MEASURE NO. 53 Automatic Recount Certification, Oregon Secretary of State (http://www.sos.state.or.us/elections/may202008/m53recount_abstract.pdf) (accessed 14 Jul 2008)