14101078D
HOUSE BILL NO. 803
Offered January 8, 2014
Prefiled January 7, 2014
A BILL to amend and reenact §19.2-386.16 of the Code of
Virginia and to amend the Code of Virginia by adding in Chapter 22.2 of Title
19.2 a section numbered 19.2-386.35, relating to forfeiture of vehicles and
other property used in commission of certain crimes.
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Patron-- Simon
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Committee Referral Pending
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Be it enacted by the General Assembly of Virginia:
1. That §19.2-386.16 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:
§19.2-386.16. Forfeiture of motor vehicles used in commission
of certain crimes.
A. Any
The following
property shall be subject to lawful seizure by any officer charged with
enforcing the provisions of Article 5 (§18.2-58
et seq.) of Chapter 4 or Article 2
(§18.2-89 et seq.),
Article 3 (§18.2-95 et seq.),
or Article 4 (§18.2-111
et seq.) of Chapter 5 of
Title 18.2: any
vehicle or watercraft
knowingly used by the owner thereof or used by another with
his the owner's
knowledge of and during the commission of, or in an attempt to commit, a second or subsequent offense of §18.2-346,
18.2-347, 18.2-348, 18.2-349, 18.2-355, 18.2-356 or 18.2-357 or of a similar
ordinance of any county, city or town
any robbery, or knowingly used for the transportation of
any stolen goods, chattels, or
other property, when the value of such stolen goods, chattels, or other property is $200 or
more, or any stolen property obtained as a result of a robbery, without regard
to the value of the property, shall be forfeited to the Commonwealth. The vehicle shall be seized by any law-enforcement
officer arresting the operator of such vehicle for the criminal offense, and
delivered to the sheriff of the county or city in which the offense occurred.
The officer shall take a receipt therefor.
B. Any vehicle
knowingly used by the owner thereof or used by another with his knowledge of
and during the commission of, or in an attempt to commit, a misdemeanor
violation of subsection D of §18.2-47 or a felony violation of (i) Article 3 (§
18.2-47 et seq.) of Chapter 4 of Title 18.2 or (ii) §18.2-357 where the
prostitute is a minor, shall be forfeited to the Commonwealth. The vehicle
shall be seized by any law-enforcement officer arresting the operator of such
vehicle for the criminal offense, and delivered to the sheriff of the county or
city in which the offense occurred. The officer shall take a receipt therefor.
C. Forfeiture
of such vehicle shall be enforced as is provided in Chapter 22.1 (§19.2-386.1
et seq.).
§19.2-386.35. Seizure
of property used in connection with certain offenses.
The following
property shall be subject to lawful seizure by any officer charged with
enforcing the provisions of subsection
B of §18.2-47 or §18.2-48,
18.2-59, 18.2-346, 18.2-347, 18.2-348, 18.2-349, 18.2-355, 18.2-356, 18.2-357,
40.1-29, 40.1-100.2, or 40.1-103:
(i) all money, equipment, motor vehicles, and all other personal and real
property of any kind or character used in connection with the commission of, or
in an attempt to commit an offense of subsection B of §
18.2-47 or §18.2-48,
18.2-59, 18.2-346, 18.2-347, 18.2-348, 18.2-349, 18.2-355, 18.2-356, 18.2-357,
40.1-29, 40.1-100.2, or 40.1-103;
(ii) all money or other property, real or personal, traceable to the proceeds
of some form of activity that violates subsection
B of §18.2-47 or §18.2-48,
18.2-59, 18.2-346, 18.2-347, 18.2-348, 18.2-349, 18.2-355, 18.2-356, 18.2-357,
40.1-29, 40.1-100.2, or 40.1-103, together with any interest or profits derived
from the investment of such proceeds or other property; and (iii) all money,
equipment, motor vehicles, and all other personal and real property of any kind
or character used to or intended to be used to promote some form of activity
that violates subsection B of §
18.2-47 or §18.2-48,
18.2-59, 18.2-346, 18.2-347, 18.2-348, 18.2-349, 18.2-355, 18.2-356, 18.2-357,
40.1-29, 40.1-100.2, or 40.1-103. Real property shall not be subject to seizure
unless the minimum prescribed punishment for the violation is a term of
imprisonment of not less than five years. All seizures and forfeitures under
this section shall be governed by Chapter 22.1 (§19.2-386.1 et seq.), and the
procedures specified therein shall apply, mutatis mutandis, to all forfeitures
under subsection B of §18.2-47 and
under §§18.2-48,
18.2-59, 18.2-346, 18.2-347, 18.2-348, 18.2-349, 18.2-355, 18.2-356, 18.2-357,
40.1-29, 40.1-100.2, and
40.1-103.
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