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Bill > HB1287


VA HB1287

VA HB1287
Forfeiture of property used in connection with commission of crimes; conviction required.


summary

Introduced
09/23/2014
In Committee
02/11/2015
Crossed Over
02/02/2015
Passed
Dead
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)

Last Action

Passed by indefinitely in Finance with letter (9-Y 5-N) (on 02/17/2015)

bill text


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