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1995 SESSION
LD6135382Patrons--Newman, Baker, Callahan, Cantor, Crouch, Fisher, Howell, McClure, Nixon, O'Brien, Sherwood and Wilkins; Senators: Schewel and Stosch
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-249 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-249. Seizure of property used in connection with or derived from illegal drug transactions.
A. The following property shall be subject to lawful seizure by any officer
charged with enforcing the provisions of this article: (i) all money,
medical equipment, office equipment, laboratory equipment, motor vehicles,
and all other personal and real property of any kind or character, used in
substantial connection with the illegal manufacture, sale or distribution of
controlled substances or possession with intent to sell or distribute
controlled substances in violation of § 18.2-248 or the sale or distribution
of marijuana or possession with intent to distribute marijuana in violation
of subdivisions (a) (2), (a) (3) and (c) of § 18.2-248.1, except real
property shall not be subject to lawful seizure unless the minimum prescribed
punishment for the violation is a term of not less than five years; (ii)
everything of value furnished, or intended to be furnished, in exchange for a
controlled substance in violation of § 18.2-248 or of marijuana in violation
of § 18.2-248.1; and (iii) all moneys or other property, real or
personal, traceable to such an exchange, together with any interest or
profits derived from the investment of such money or other property; and
(iv) any motor vehicle used in substantial connection with the purchase of
any controlled substance or marijuana and all moneys used or intended to be
used to make any such purchase.
B. All seizures and forfeitures under this section shall be governed by the procedures contained in Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2.