Bill

Bill > HB1468


VA HB1468

VA HB1468
Asset forfeiture; civil action.


summary

Introduced
12/30/2014
In Committee
12/30/2014
Crossed Over
Passed
Dead
02/28/2015

Introduced Session

2015 Regular Session

Bill Summary

Civil action for asset forfeiture. Creates a cause of action for a defendant who was deprived of property pursuant to asset forfeiture in cases in which there is an acquittal, dismissal of charges, nolle prosequi, or any other final disposition without a conviction. Under such circumstances, the locality or the Commonwealth shall be liable to the defendant for any damages resulting from the forfeiture of such property, plus reasonable attorney fees and costs.

AI Summary

This bill establishes a new legal process allowing individuals to sue for the return of property that was seized through asset forfeiture if they are ultimately not convicted of any crime. Asset forfeiture is a legal process where law enforcement can seize assets believed to be connected to criminal activity, even without a criminal conviction in some cases. This bill creates a "cause of action," which is essentially a right to sue, for defendants who had their property taken through asset forfeiture and then were either acquitted (found not guilty), had their charges dismissed, had a "nolle prosequi" (meaning the prosecutor decided not to proceed with the case), or any other final outcome that does not result in a conviction. If such a situation occurs, the local government or the Commonwealth (the state) will be responsible for compensating the defendant for any losses incurred due to the forfeiture of their property, along with covering their reasonable legal fees and court costs.

Committee Categories

Justice

Sponsors (4)

Last Action

Incorporated by Courts of Justice (on 01/28/2015)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...