HB1113: Abduction or pandering; forfeiture of vehicle when involving a minor.


HOUSE BILL NO. 1113
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on February 10, 2010)
(Patron Prior to Substitute--Delegate Ebbin)
A BILL to amend and reenact ? 19.2-386.16 of the Code of Virginia, relating to forfeiture of vehicles used in abduction or pandering involving a minor.

Be it enacted by the General Assembly of Virginia:

1. That ? 19.2-386.16 of the Code of Virginia is amended and reenacted as follows:

? 19.2-386.16. Forfeiture of motor vehicles used in commission of certain crimes.

A. 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 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 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 felony violation of (i) Article 3, Chapter 4 of Title 18.2 (?? 18.2-47 et seq.), 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 ?? 4.1-339 through 4.1-348 as to vehicles used for the transportation of illegally acquired alcoholic beverages, and the provisions of ?? 4.1-339 through 4.1-348 shall apply, mutatis mutandis, to proceedings for the enforcement of such forfeiture except that venue for the forfeiture proceeding shall be in the county or city in which the offense occurred.

D. The agency seizing the motor vehicle or other conveyance shall, for such period of time as the court prescribes, be permitted the use and operation of the motor vehicle or other conveyance, after court forfeiture, for the investigation of crimes against the Commonwealth by the agency seizing the motor vehicle or other conveyance. The agency using or operating each motor vehicle shall have insurance on each vehicle used or operated for liability and property damage.

HOUSE BILL NO. 1113
Offered January 13, 2010
Prefiled January 13, 2010
A BILL to amend and reenact §§ 18.2-355 and 18.2-357 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-49.2, relating to forfeiture of vehicles used in abduction or pandering involving a minor.
Patrons-- Ebbin, Englin, McClellan and Ward

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1.  That §§ 18.2-355 and 18.2-357 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 18.2-49.2 as follows:

§ 18.2-49.2. Forfeiture of motor vehicle for felony violations of this chapter.

The motor vehicle of any person who uses his vehicle in the commission of a felony violation of this article is subject to forfeiture.

§ 18.2-355. Taking, detaining, etc., person for prostitution, etc., or consenting thereto.

A. Any person who:

(1) For purposes of prostitution or unlawful sexual intercourse, takes any person into, or persuades, encourages or causes any person to enter, a bawdy place, or takes or causes such person to be taken to any place against his or her will for such purposes; or,

(2) Takes or detains a person against his or her will with the intent to compel such person, by force, threats, persuasions, menace or duress, to marry him or her or to marry any other person, or to be defiled; or,

(3) Being parent, guardian, legal custodian or one standing in loco parentis of a person, consents to such person being taken or detained by any person for the purpose of prostitution or unlawful sexual intercourse; is guilty of pandering, and shall be guilty of a Class 4 felony.

B. The motor vehicle of any person who uses his vehicle in the commission of a violation of this section against a minor is subject to forfeiture.

§ 18.2-357. Receiving money from earnings of male or female prostitute.

Any person who shall knowingly receive any money or other valuable thing from the earnings of any male or female engaged in prostitution, except for a consideration deemed good and valuable in law, shall be guilty of pandering, punishable as a Class 4 felony. The motor vehicle of any person who uses his vehicle in the commission of a violation of this section against a minor is subject to forfeiture.