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Oregon Measure 53, Property Forfeiture Related to Crimes Amendment Amendment (May 2008)
| Oregon Measure 53 | |
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| Election date |
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| Topic Criminal trials |
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| Status |
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| Type Legislatively referred constitutional amendment |
Origin |
Oregon Measure 53 was on the ballot as a legislatively referred constitutional amendment in Oregon on May 20, 2008. It was approved.
A "yes" vote supported allowing property forfeiture for crimes similar to crime of conviction and permitting forfeiture without conviction if the person intended to avoid forfeiture, was aware of the property's criminal association, or agreed to criminal conduct. |
A "no" vote opposed allowing property forfeiture for crimes similar to crime of conviction and permitting forfeiture without conviction if the person intended to avoid forfeiture, was aware of the property's criminal association, or agreed to criminal conduct. |
Election results
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Oregon Measure 53 |
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| Result | Votes | Percentage | ||
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490,158 | 50.03% | ||
| No | 489,477 | 49.97% | ||
Text of measure
Ballot title
The ballot title for Measure 53 was as follows:
| “ | AMENDS CONSTITUTION: MODIFIES PROVISIONS GOVERNING CIVIL FORFEITURES RELATED TO CRIMES; PERMITS USE OF PROCEEDS BY LAW ENFORCEMENT. | ” |
Ballot summary
The ballot summary for this measure was:
| “ | 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. | ” |
Full Text
The full text of this measure is available here.
Path to the ballot
- See also: Amending the Oregon Constitution
A simple majority vote is required during one legislative session for the Oregon State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 31 votes in the Oregon House of Representatives and 16 votes in the Oregon State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
See also
External links
Footnotes
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State of Oregon Salem (capital) |
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