2025 SESSION

INTRODUCED

25101929D

SENATE BILL NO. 825

Offered January 8, 2025

Prefiled December 31, 2024

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.

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Patrons—Favola, Carroll Foy, Ebbin, McPike, Obenshain, Pekarsky, Perry, Roem, Salim, Srinivasan, Surovell and Williams Graves

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Referred to Committee for Courts of Justice

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Be it enacted by the General Assembly of Virginia:

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:

§ 19.2-386.36. Seizure of property used in connection with or derived from financial exploitation of vulnerable adults.

A. When, during an investigation or arrest for a violation of § 18.2-178.1, a law-enforcement officer has probable cause to believe that moneys, cash, or negotiable or nonnegotiable instruments or securities, including those in deposit accounts, have been unlawfully taken or retained from a financial institution or vulnerable adult, as that term is defined in § 18.2-369, such investigating or arresting law-enforcement officer shall seek a warrant from a judicial officer to seize such moneys, cash, or negotiable or nonnegotiable instruments or securities, including those in deposit accounts. The agency seizing such moneys, cash, or negotiable or nonnegotiable instruments or securities may retain, pending a prosecution or appeal thereof, a sufficient amount of such moneys, cash, or negotiable or nonnegotiable instruments or securities as is necessary to prove a violation of § 18.2-178.1.

B. The court, upon motion of the attorney for the Commonwealth and for good cause shown, may order the release of all moneys, cash, or negotiable or nonnegotiable instruments or securities, subject to the provisions of this section. The remaining moneys, cash, or negotiable or nonnegotiable instruments or securities, 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, cash, or negotiable or nonnegotiable instruments or securities released, including designation or copying of serial numbers. Such record of receipt is admissible into evidence in any proceeding of the case to the same extent as if such moneys, cash, or negotiable or nonnegotiable instruments or securities had been introduced. Such record or receipt shall contain the name of the financial institution or person from whom such moneys, cash, or negotiable or nonnegotiable instruments or securities 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, cash, or instruments or securities. Pictures shall be taken of any instruments or securities 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.

C. 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.