| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 2025 SESSION | |
| 2 | 2 | ||
| 3 | 3 | SENATE SUBSTITUTE | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | 25104862D | |
| 6 | 6 | ||
| 7 | 7 | SENATE BILL NO. 825 | |
| 8 | 8 | ||
| 9 | - | ||
| 9 | + | AMENDMENT IN THE NATURE OF A SUBSTITUTE | |
| 10 | 10 | ||
| 11 | - | (Proposed by | |
| 11 | + | (Proposed by the Senate Committee for Courts of Justice | |
| 12 | 12 | ||
| 13 | - | on January | |
| 13 | + | on January 13, 2025) | |
| 14 | 14 | ||
| 15 | 15 | (Patron Prior to SubstituteSenator Favola) | |
| 16 | 16 | ||
| 17 | 17 | A BILL to amend the Code of Virginia by adding in Chapter 22.2 of Title 19.2 a section numbered 19.2-386.36, relating to seizure of property used in connection with or derived from financial exploitation of vulnerable adults. | |
| 18 | 18 | ||
| 19 | 19 | ||
| 20 | 20 | ||
| 21 | 21 | Be it enacted by the General Assembly of Virginia: | |
| 22 | 22 | ||
| 23 | 23 | 1. That the Code of Virginia is amended by adding in Chapter 22.2 of Title 19.2 a section numbered 19.2-386.36 as follows: | |
| 24 | 24 | ||
| 25 | 25 | 19.2-386.36. Seizure of moneys or other assets of value in connection with or derived from financial exploitation of vulnerable adults. | |
| 26 | 26 | ||
| 27 | 27 | A. As used in this section: | |
| 28 | 28 | ||
| 29 | 29 | "Moneys or other assets of value" means any moneys, cash, virtual currency, or negotiable or nonnegotiable instruments including those in accounts. | |
| 30 | 30 | ||
| 31 | 31 | "Virtual currency" means the same as that term is defined in 6.2-818.1. | |
| 32 | 32 | ||
| 33 | 33 | "Vulnerable adult" means the same as that term is defined in 18.2-369. | |
| 34 | 34 | ||
| 35 | - | B. When a law-enforcement officer | |
| 35 | + | B. When, during an investigation or arrest for an offense involving a vulnerable adult, a law-enforcement officer suspects that there is probable cause to conclude that moneys or other assets of value were unlawfully taken or retained from a financial institution or vulnerable adult, such investigating or arresting officer shall seek a warrant from a judicial officer authorizing the seizure of such moneys or other assets of value. When seeking such a warrant, the investigating or arresting law-enforcement officer shall submit a seizure request on a form provided by the Office of the Executive Secretary of the Supreme Court of Virginia to the judicial officer. The seizure request shall describe the items to be seized and provide sufficient facts to allow the judicial officer to conclude that there is probable cause that the items to be seized were unlawfully taken or retained from a financial institution or vulnerable adult in violation of 18.2-178.1. If the judicial officer determines that probable cause for the seizure exists, then the judicial officer shall issue a warrant authorizing the seizure of the designated items. A copy of the seizure request and the warrant shall be filed by the investigating or arresting law-enforcement officer with the court having jurisdiction over the matter within three days of the execution of the warrant. The agency seizing such moneys or other assets of value may retain, pending a prosecution or appeal thereof, a sufficient amount of such moneys or other assets of value as is necessary to prove a violation of 18.2-178.1. | |
| 36 | 36 | ||
| 37 | - | C. The court, upon motion of the | |
| 37 | + | C. The court, upon motion of the attorney for the Commonwealth and for good cause shown, may order the release of all moneys or other assets of value, subject to the provisions of this section. The remaining moneys or other assets of value, if any, may be released to the owner, upon proper receipt therefor, which release shall be with the consent of the attorney for the Commonwealth. The law-enforcement officer or agency authorizing such release shall make an appropriate record of such moneys or other assets of value, including designation or copying of serial numbers. Such record or receipt is admissible into evidence in any proceeding of the case to the same extent as if such moneys or other assets of value had been introduced. Such record or receipt shall contain the name of the financial institution or vulnerable adult from whom such moneys or other assets of value were taken, the place from which taken, the name of the accused, and the name of the arresting law-enforcement officer with initial possession of such moneys or other assets of value. Pictures shall be taken of any instruments and such pictures shall be attached to the receipt or record above and shall contain further the date of the photograph and the name of the photographer. | |
| 38 | 38 | ||
| 39 | - | D. Unless otherwise ordered by the court, notification of the seizure of any moneys or other assets of value shall be made by certified mail to the asset owner. Notification shall include a copy of the seizure warrant or complaint, unless the matter is sealed by the court. | |
| 39 | + | D. Should a seizure occur pursuant to this section and any moneys or cash, or portion thereof, are an exhibit in any court proceeding, the court may, with the consent of the attorney for the Commonwealth, authorize the clerk of the circuit court, upon all appeal rights being exhausted, to deposit such moneys or cash in an interest-bearing account. | |
| 40 | + | ||
| 41 | + | E. Unless otherwise ordered by the court, the officer or agency shall send notification of the seizure of any moneys or other assets of value by certified mail to the asset owner. Notification shall include a copy of the warrant, unless the warrant is sealed by the court. |