HB 2673
To require a guilty verdict, before any property of any type are taken from an individual
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill aims to strengthen protections for property owners by requiring a guilty verdict before any property, of any type, can be seized by law enforcement. It establishes new procedures for asset forfeiture, including requirements for notice, hearings, and a minimum dollar amount for seized currency and motor vehicles. The bill also prohibits conditioning plea negotiations on waiving property rights and aims to prevent the forfeiture of property owned by innocent owners.
Key provisions
- Requires a guilty verdict before property can be seized for forfeiture.
- Establishes detailed procedures for seizure, including notice requirements and hearings.
- Prohibits conditioning plea negotiations on waiving property rights.
- Defines specific terms related to asset forfeiture, such as ‘contraband’ and ‘innocent owner.’
- Sets minimum dollar amounts for seizure of currency and motor vehicles.
- Prevents the forfeiture of property owned by innocent owners.
- Requires the state to return seized property if it is not used in a criminal prosecution.
- Creates a special law-enforcement investigative fund for forfeited assets.
Who is affected
- Law enforcement agencies
- Property owners
- Prosecutors
- Defendants in criminal cases
- The general public
Notable changes
- Eliminates civil asset forfeiture.
- Requires a guilty verdict before property can be seized.
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