Asset forfeiture; changes burden of proof. (SB457)

Introduced By

Sen. Bill Carrico (R-Grayson) with support from co-patron Sen. Dave Marsden (D-Burke)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Asset forfeiture; burden of proof. Changes the Commonwealth's burden of proof to clear and convincing evidence from preponderance of the evidence in proving that the property is subject to forfeiture in civil asset forfeiture cases. Amends § 19.2-386.10, of the Code of Virginia. Read the Bill »

Status

03/11/2016: Passed the General Assembly

History

DateAction
01/12/2016Prefiled and ordered printed; offered 01/13/16 16102622D
01/12/2016Referred to Committee for Courts of Justice
02/01/2016Reported from Courts of Justice (14-Y 0-N 1-A) (see vote tally)
02/01/2016Rereferred to Finance
02/10/2016Reported from Finance (15-Y 0-N) (see vote tally)
02/11/2016Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/12/2016Passed by for the day
02/12/2016Floor substitute printed 16105507D-S1 (Petersen)
02/15/2016Read second time
02/15/2016Reading of substitute waived
02/15/2016Substitute by Senator Petersen rejected 16105507D-S1 (16-Y 24-N) (see vote tally)
02/15/2016Engrossed by Senate
02/15/2016Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/15/2016Passed Senate (40-Y 0-N) (see vote tally)
02/17/2016Placed on Calendar
02/17/2016Read first time
02/17/2016Referred to Committee for Courts of Justice
02/17/2016Assigned Courts sub: Criminal Law
02/22/2016Subcommittee recommends reporting (5-Y 4-N)
03/07/2016Reported from Courts of Justice (21-Y 0-N) (see vote tally)
03/09/2016Read second time
03/10/2016Read third time
03/10/2016Passed House BLOCK VOTE (97-Y 0-N)
03/10/2016VOTE: BLOCK VOTE PASSAGE (97-Y 0-N) (see vote tally)
03/11/2016Enrolled
03/11/2016Bill text as passed Senate and House (SB457ER)
03/11/2016Signed by President
03/11/2016Signed by Speaker
03/16/2016Enrolled Bill Communicated to Governor on 3/16/16
03/16/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 9 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

THE SENATOR FROM SPOTSYLVANIA.

Sen. Bryce Reeves (R-Spotsylvania): MR. PRESIDENT, THANK YOU, I WOULD NOW MOVE THAT THE COMMITTEE SUBSTITUTE BE AGREED TO. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT. THE CBS IS AGREED TO. -- THE SUBSTITUTE IS AGREED TO. THE SENATOR FROM SPOTSYLVANIA.

[Unknown]: I MOVE THAT THE BILL ENGROSSED AND ADVANCED TO THE THIRD READING. THE QUESTION IS SHALL THE BILL BE ENGROSSED AND ADVANCED TO THE THIRD READING. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT. THE BILL IS ENGROSSED AND ADVANCED TO THE THIRD READING. SENATE BILL 457, A BILL RELATING TO ASSET FORFEITURE; BURDEN OF PROOF. REPORTED FROM COMMITTEE FOR COURTS OF JUSTICE. REPORTED FROM COMMITTEE ON FINANCE.
SENATOR FROM GRAYSON, SENATOR CARRICO.

Sen. Bill Carrico (R-Grayson): THANK YOU, MR. PRESIDENT. I ASK THAT WE PASS THE BILL.

[Unknown]: SENATOR HAS THE BILL.

Sen. Bill Carrico (R-Grayson): THIS BILL WOULD BASICALLY RAISE THE BAR FOR ASSET FORFEITURES FROM THE PREPONDERANCE OF EVIDENCE TO CLEAR AND CONVINCING EVIDENCE WHICH WOULD REQUIRE THE COMMONWEALTH TO APPROVE MORE BEYOND THE PREPONDERANCE, RAISING THE BAR FOR ANY EVIDENCE SEIZED TO BE KEPT BY THE COMMONWEALTH. I HOPE IT BE THE PLEASURE OF THE BODY TO PASS THIS BILL.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS, SHALL SENATE BILL 457 PASS. ALL IN FAVOR OF THE MOTION RECORD THEIR VOTES AYE, OPPOSED NO. VOTE? HAVE ALL THE SENATORS VOTED? TO CHANGE THEIR VOTE? DO ANY OF THE SENATORS DESIRE THE CLERK WILL CLOSE THE ROLL.