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- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
2004 SESSION
HB 1130 Driving under influence of alcohol or drugs; forfeiture of vehicle for third offense.
Introduced by: Robert F. McDonnell | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Forfeiture of vehicle for third DUI offense. Provides that the Commonwealth may seize and order forfeited the motor vehicle solely owned by a person convicted of a felony DUI. Seizure does not occur until conviction and the exhaustion of all appeals. An immediate family member of the owner of the motor vehicle who was not the driver at the time of the violation may petition the court for the release of the motor vehicle. If he proves by a preponderance of the evidence that his immediate family has only one motor vehicle and will suffer a substantial hardship if that vehicle is seized and forfeited, the court may release the vehicle. In the event the vehicle is sold to a bona fide purchaser subsequent to the arrest but prior to seizure in order to avoid seizure and forfeiture, the Commonwealth will have a right of action against the seller for the proceeds of the sale.
FULL TEXT
- 01/14/04 House: Presented & ordered printed, prefiled 01/14/04 040175404 pdf
- 02/10/04 House: Committee substitute printed 044669404-H1 pdf
- 02/16/04 House: Floor substitute printed 040583404-H2 (McDonnell) pdf
- 03/08/04 Senate: Committee substitute printed 040590404-S1 pdf
- 03/23/04 House: Bill text as passed House and Senate (HB1130ER) pdf
- 04/23/04 Governor: Acts of Assembly Chapter text (CHAP0958) pdf
HISTORY
- 01/14/04 House: Presented & ordered printed, prefiled 01/14/04 040175404
- 01/14/04 House: Referred to Committee for Courts of Justice
- 02/09/04 House: Reported from C. J. with substitute (19-Y 3-N)
- 02/10/04 House: Committee substitute printed 044669404-H1
- 02/11/04 House: Read first time
- 02/12/04 House: Read second time
- 02/12/04 House: Committee substitute agreed to 044669404-H1
- 02/12/04 House: Passed by for the day
- 02/13/04 House: Passed by for the day
- 02/14/04 House: Passed by for the day
- 02/16/04 House: Read second time
- 02/16/04 House: Floor substitute printed 040583404-H2 (McDonnell)
- 02/16/04 House: Substitute by Del. McDonnell agreed to 040583404-H2
- 02/16/04 House: Engrossed by House - floor substitute HB1130H2
- 02/17/04 House: Read third time and defeated by House (49-Y 51-N)
- 02/17/04 House: VOTE: DEFEATED (49-Y 51-N)
- 02/17/04 House: Reconsideration of defeated action agreed to by House
- 02/17/04 House: Pending question ordered
- 02/17/04 House: Passed House (52-Y 48-N)
- 02/17/04 House: VOTE: PASSAGE #2 (52-Y 48-N)
- 02/17/04 House: Communicated to Senate
- 02/18/04 Senate: Constitutional reading dispensed
- 02/18/04 Senate: Referred to Committee for Courts of Justice
- 02/25/04 Senate: Assigned to C. J. sub-committee: 2
- 03/03/04 Senate: Failed to report (defeated) (6-Y 6-N 3-A)
- 03/03/04 Senate: in Courts of Justice
- 03/08/04 Senate: Reported from Courts of Justice w/sub (11-Y 4-N)
- 03/08/04 Senate: Committee substitute printed 040590404-S1
- 03/09/04 Senate: Constitutional reading dispensed (40-Y 0-N)
- 03/09/04 Senate: VOTE: CONST. RDG. DISPENSED R (40-Y 0-N)
- 03/09/04 Senate: Read third time
- 03/09/04 Senate: Reading of substitute waived
- 03/09/04 Senate: Committee substitute agreed to 040590404-S1
- 03/09/04 Senate: Engrossed by Senate - committee substitute HB1130S1
- 03/09/04 Senate: Passed Senate with substitute (29-Y 11-N)
- 03/09/04 Senate: VOTE: PASSAGE (29-Y 11-N)
- 03/10/04 House: Senate substitute agreed to by House (84-Y 14-N)
- 03/10/04 House: VOTE: ADOPTION (84-Y 14-N)
- 03/23/04 House: Bill text as passed House and Senate (HB1130ER)
- 03/23/04 House: Enrolled
- 03/24/04 House: Signed by Speaker
- 03/24/04 Senate: Signed by President
- 04/15/04 Governor: Approved by Governor-Chapter 958 (effective 7/1/04)
- 04/23/04 Governor: Acts of Assembly Chapter text (CHAP0958)