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2018 SESSION

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HB 900 Forfeiture of property used in connection with commission of crimes; finding of guilt required.

Introduced by: Nicholas J. Freitas | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Forfeiture of property used in connection with the commission of crimes; finding of guilt required. Requires that any action for the forfeiture of property used in connection with the commission of a crime be stayed until the person whose property is the subject of the forfeiture action has been found guilty of the crime authorizing the forfeiture, regardless of whether he has been sentenced. The bill provides that property may be forfeited even though no finding of guilt is made if (i) the forfeiture is ordered by the court pursuant to a plea agreement or (ii) the owner has not submitted a written demand for the return of the property within 21 days from the date the stay terminates.

SUMMARY AS INTRODUCED:

Forfeiture of property used in connection with the commission of crimes; finding of guilt required; disposition of forfeited property used in connection with the commission of drug crimes. Requires that any action for the forfeiture of property used in connection with the commission of a crime be stayed until the person whose property is the subject of the forfeiture action has been found guilty of the crime authorizing the forfeiture, regardless of whether he has been sentenced. The bill provides that property may be forfeited even though no finding of guilt is made if (i) the owner of the property is a fugitive from justice, (ii) there is no identifiable owner of the property, (iii) the property has been abandoned, (iv) the owner denied ownership of the property during the prosecution of the offense, (v) the owner agrees to the forfeiture, (vi) the forfeiture is ordered by the court pursuant to a plea agreement, or (vii) the owner has not submitted a written demand for the return of the property within 21 days from the date the stay terminates. The bill also provides that all forfeited cash and negotiable instruments and proceeds from the sale of forfeited property used in connection with crimes involving the manufacture, sale, or distribution of controlled substances or marijuana be deposited into the Drug Offender Assessment and Treatment Fund, which is appropriated by the General Assembly for various drug assessment and drug treatment activities conducted by the Department of Corrections, the Department of Juvenile Justice, the Department of Criminal Justice Services, the Commission on the Virginia Alcohol Safety Action Program, and the Office of the Executive Secretary of the Supreme Court of Virginia. Under current law, such forfeited property is deposited into a Department of Criminal Justice Services fund and used to promote state and local law-enforcement activities. The bill also provides that all forfeited cash, negotiable instruments, and proceeds from the sale of forfeited property seized by a federal agency and received by any state or local agency pursuant to federal law be deposited into the Drug Offender Assessment and Treatment Fund. The bill also requires the Comptroller to report annually to the Governor and the General Assembly on the amount of property forfeited to the Commonwealth and to establish and maintain a publicly available, searchable electronic database containing information regarding all property seized and forfeited.