SB1022: Contraband cigarettes; allows forfeiture if possesed in violation of laws regarding sale.

SENATE BILL NO. 1022

Offered January 9, 2013
Prefiled January 8, 2013
A BILL to amend and reenact 19.2-386.21 of the Code of Virginia, relating to forfeiture of contraband cigarettes.
Patrons-- Howell and Norment

Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1.  That 19.2-386.21 of the Code of Virginia is amended and reenacted as follows:

19.2-386.21. Forfeiture of counterfeit and contraband cigarettes.

Counterfeit cigarettes possessed in violation of 18.2-246.14 and cigarettes possessed in violation of 58.1-1017 or 58.1-1017.1 shall be subject to seizure, forfeiture, and destruction by the Virginia Alcoholic Beverage Control Board or any law-enforcement officer of the Commonwealth. All fixtures, equipment, materials, and personal property used in substantial connection with (i) the sale or possession of counterfeit cigarettes in a knowing and intentional violation of Article 10 ( 18.2-246.6 et seq.) of Chapter 6 of Title 18.2 or (ii) the sale or possession of cigarettes in a knowing and intentional violation of 58.1-1017 or 58.1-1017.1 shall be subject to seizure and forfeiture according to the procedures contained in Chapter 22.1 ( 19.2-386.1 et seq.) of this title, applied mutatis mutandis.