Forfeiture of property used in connection with commission of crimes; conviction required. (HB1287)
Introduced By
Del. Mark Cole (R-Fredericksburg) with support from co-patrons Del. Rich Anderson (R-Woodbridge), Del. Peter Farrell (R-Henrico), Del. Dave LaRock (R-Loudoun), Del. Lee Ware (R-Powhatan), and Sen. Bill Carrico (R-Grayson)
Progress
✓ |
Introduced |
✗ |
Passed Committee |
✓ |
Passed House |
☐ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Forfeiture of property used in connection with the commission of crimes; conviction 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 convicted of the crime and has exhausted all appeals. Read the Bill »
Outcome
Bill Has Failed
History
Date | Action |
---|---|
09/23/2014 | Committee |
09/23/2014 | Prefiled and ordered printed; offered 01/14/15 15100438D |
09/23/2014 | Referred to Committee for Courts of Justice |
01/13/2015 | Assigned Courts sub: Criminal Law |
01/21/2015 | Subcommittee recommends reporting with amendment(s) (10-Y 1-N) |
01/26/2015 | Impact statement from DPB (HB1287) |
01/28/2015 | Reported from Courts of Justice with substitute (20-Y 1-N) (see vote tally) |
01/28/2015 | Committee substitute printed 15104038D-H1 |
01/28/2015 | Incorporates HB1468 |
01/30/2015 | Read first time |
02/02/2015 | Read second time |
02/02/2015 | Committee substitute agreed to 15104038D-H1 |
02/02/2015 | Engrossed by House - committee substitute HB1287H1 |
02/03/2015 | Read third time and passed House (92-Y 6-N) |
02/03/2015 | VOTE: PASSAGE (92-Y 6-N) (see vote tally) |
02/04/2015 | Constitutional reading dispensed |
02/04/2015 | Referred to Committee for Courts of Justice |
02/05/2015 | Impact statement from DPB (HB1287H1) |
02/11/2015 | Reported from Courts of Justice (11-Y 2-N) (see vote tally) |
02/11/2015 | Rereferred to Finance |
02/17/2015 | Passed by indefinitely in Finance with letter (9-Y 5-N) (see vote tally) |
Video
This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 2 minutes.
Comments
The ACLU of Virginia strongly supports requiring a criminal conviction for asset forfeitures. Under current law, state and local law enforcement agencies can seize assets that have a “substantial connection” to a drug offense, regardless of whether a person is convicted of or even charged with a crime. The money or property will then be forfeited to the Commonwealth unless the property owner can prove a negative -- that the money or property was not involved in illegal activity. Because Commonwealth law enforcement agencies get to keep up to 90% of the money and property forfeited this way, the current scheme is ripe for abuse.
Right Way Forward Virginia, a nonprofit, nonpartisan, libertarian grassroots advocacy organization, strongly supports this bill. Virginia's abusive asset forfeiture laws enable police and prosecutors to seize someone's property without
ever even charging them with a crime. In fact, the libertarian Institute for Justice rated Virginia's laws as among the worst in the country. H.B. 1287/S.B. 684 would be an important first step to protect property rights and due process and end asset forfeiture abuse in Virginia by requiring a criminal conviction.
Innocent until proven guilty is the way it is supposed to be.