HB630: Racketeering; amends provisions that allow for forfeiture of real or personal property.

HOUSE BILL NO. 630
Offered January 11, 2012
Prefiled January 11, 2012
A BILL to amend and reenact § 18.2-515 of the Code of Virginia, relating to racketeering offenses; forfeiture.
Patron-- Morris

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1.  That § 18.2-515 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-515. Criminal penalties; forfeiture.

A. Any person or enterprise convicted of engaging in activity in violation of the provisions of § 18.2-514 is guilty of a felony punishable by imprisonment for not less than five years nor more than 40 years and a fine of not more than $1 million. A second or subsequent offense shall be punishable as a Class 2 felony and a fine of not more than $2 million.

The court may order any such person or enterprise to be divested of any interest in any enterprise or real property identified in § 18.2-514; order the dissolution or reorganization of such enterprise; and order the suspension or revocation of any license, permit, or prior approval granted to such enterprise or person by any agency of the Commonwealth or political subdivision thereof.

B. All property, real or personal, including money, together with any interest or profits derived from the investment of such money, used in substantial connection with, intended for use in the course of, or traceable to, conduct in violation of any provision of § 18.2-514 is subject to civil forfeiture to the Commonwealth. The forfeiture proceeding shall be conducted pursuant to the provisions of Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2.