Bill Text: VA HB315 | 2014 | Regular Session | Prefiled
Bill Title: Incapacitated persons; expands class of victims of crime of financial exploitation.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-02-12 - Left in Courts of Justice [HB315 Detail]
Download: Virginia-2014-HB315-Prefiled.html
14100359D Be it enacted by the General Assembly of Virginia: 1. That §18.2-178.1 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Chapter 22.2 of Title 19.2 a section numbered 19.2-386.35 as follows: §18.2-178.1. Financial exploitation of incapacitated persons; penalty. A. It is unlawful for any person who knows or should know that
another person suffers from B. Venue for the trial of an accused charged with a violation of this section shall be in any county or city in which (i) any act was performed in furtherance of the offense or (ii) the accused resided at the time of the offense. C. This section shall not apply to a transaction or
disposition of money or other thing of value in which the accused acted for the
benefit of the incapacitated
person D. As used in this section, " §19.2-386.35. Seizure and forfeiture of property used in connection with the financial exploitation of incapacitated persons. All vehicles, tools, machinery, equipment, and other personal property used in connection with the financial exploitation of incapacitated persons that constitutes a violation of §18.2-178.1 shall be subject to lawful seizure by a law-enforcement officer and shall be subject to forfeiture to the Commonwealth pursuant to Chapter 22.1 (§19.2-386.1 et seq.) by order of the court in which a conviction under §18.2-178.1 is obtained. 2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 806 of the Acts of Assembly of 2013 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to §30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice. |