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Bill > HB1287
VA HB1287
VA HB1287Forfeiture of property used in connection with commission of crimes; conviction required.
summary
Introduced
09/23/2014
09/23/2014
In Committee
02/11/2015
02/11/2015
Crossed Over
02/02/2015
02/02/2015
Passed
Dead
02/28/2015
02/28/2015
Introduced Session
2015 Regular Session
Bill Summary
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 authorizing the forfeiture and has exhausted all appeals. The bill provides that property may be forfeited even though no final conviction order is entered 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.
AI Summary
This bill requires that any legal action to seize property used in connection with a crime, known as forfeiture, must be paused until the person whose property is targeted is convicted of the crime and has gone through all appeals. However, property can still be forfeited even without a final conviction if the forfeiture is agreed upon through a plea agreement, which is a deal between the defendant and the prosecution, or if the property owner does not claim their property back within one year of it being seized. The bill also removes a previous provision that allowed courts to stay forfeiture proceedings related to criminal charges, and it clarifies that certain weapons used in crimes are forfeited upon conviction, but allows for their return to the lawful owner under specific circumstances.
Committee Categories
Budget and Finance, Justice
Sponsors (21)
Mark Cole (R)*,
Richard Anderson (R),
Jeffrey Campbell (R),
Betsy Carr (D),
Peter Farrell (R),
Hyland Fowler (R),
Daun Hester (D),
Timothy Hugo (R),
Terry Kilgore (R),
David LaRock (R),
James LeMunyon (R),
L. Scott Lingamfelter (R),
Robert Marshall (R),
Jenn McClellan (D),
John O'Bannon (R),
Robert Orrock (R),
Brenda Pogge (R),
David Ramadan (R),
Sam Rasoul (D),
Scott Surovell (D),
Lee Ware (R),
Last Action
Passed by indefinitely in Finance with letter (9-Y 5-N) (on 02/17/2015)
Official Document
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