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2015 SESSION

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(SB721)

GOVERNOR'S RECOMMENDATION

 

    1. After line 22, enrolled

      insert

        D. Any action of forfeiture commenced under this chapter shall be stayed until conviction of the offense authorizing the forfeiture, and any property eligible for forfeiture under Chapter 22.2 (§ 19.2-386.15 et seq.) or other forfeiture provision under the Code shall be forfeited only upon the entry of a final judgment of conviction for such offense and the exhaustion of all appeals.  If no such judgment is entered, all property shall be released from seizure.  However, property that has been seized may be forfeited even though  no final judgement of conviction has been entered if (i) such forfeiture is ordered by a court pursuant to a lawful plea agreement or (ii) the owner of the property has not submitted a written demand for the return of the property with the law-enforcement agency that seized the property within one year from the date such property was seized, in which case an action of forfeiture may proceed pursuant to the procedures set forth in this chapter.