Forfeiture of property used in connection with the commission of crimes; finding of guilt required. (SB108)

Introduced By

Sen. Chap Petersen (D-Fairfax) with support from co-patron Sen. Dave Marsden (D-Burke)

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; finding of guilt 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 found guilty of the crime authorizing the forfeiture, regardless of whether he has been sentenced. The bill provides that property may be forfeited even though no finding of guilt is made if (i) the forfeiture is ordered by the court pursuant to a plea agreement or (ii) the owner of the property has not submitted a written demand for the return of the property within one year from the date the property was seized. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
12/28/2015Prefiled and ordered printed; offered 01/13/16 16101412D
12/28/2015Referred to Committee for Courts of Justice
01/28/2016Impact statement from DPB (SB108)
02/01/2016Reported from Courts of Justice with substitute (8-Y 7-N) (see vote tally)
02/01/2016Committee substitute printed 16105009D-S1
02/01/2016Rereferred to Finance
02/08/2016Impact statement from DPB (SB108S1)
02/17/2016Left in Finance

Comments

ACLU-VA Criminal Justice, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia strongly supports this bill. Right now in Virginia, law enforcement can take a person’s money or property without even charging that person with a crime. The law enforcement agency that made the seizure then gets to keep 90 percent of what is forfeited. Virginia’s un-American civil asset forfeiture laws fail to protect property owners, are ripe for abuse, and actively encourage policing for profit. The ACLU of Virginia strongly supports SB 108, which would require a criminal conviction before an individual’s property can be forfeited to the Commonwealth.

ACLU-VA Legislative Agenda, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia strongly supports this bill. Right now in Virginia, law enforcement can take a person’s money or property without even charging that person with a crime. The law enforcement agency that made the seizure then gets to keep 90 percent of what is forfeited. Virginia’s un-American civil asset forfeiture laws fail to protect property owners, are ripe for abuse, and actively encourage policing for profit. The ACLU of Virginia strongly supports SB 108, which would require a criminal conviction before an individual’s property can be forfeited to the Commonwealth.