Commission of crimes; forfeiture of property used in connection with crimes. (SB341)

Introduced By

Sen. Mark Peake (R-Lynchburg)

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 owner of the property or the person in whose custody such property is found 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 or the person in whose custody the property is found 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
01/08/2018Prefiled and ordered printed; offered 01/10/18 18103145D
01/08/2018Referred to Committee for Courts of Justice
01/31/2018Reported from Courts of Justice (15-Y 0-N) (see vote tally)
01/31/2018Rereferred to Finance
02/05/2018Impact statement from DPB (SB341)
02/06/2018Passed by indefinitely in Finance (12-Y 3-N) (see vote tally)

Comments

ACLU of Virginia writes:

The ACLU of Virginia opposes allowing the government to seize and forfeit the property of any person who has not been convicted of a crime. While we do not oppose actions to deprive convicted criminals of the financial rewards of their crimes, we oppose taking such action before conviction.