2025 SESSION

INTRODUCED

25101920D

HOUSE BILL NO. 2120

Offered January 13, 2025

Prefiled January 7, 2025

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.

—————

Patrons—Maldonado, Glass, Shin and Laufer

—————

Referred to Committee for Courts of Justice

—————

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 in the course of an investigation or arrest for a violation of § 18.2-178.1 and the investigating or arresting officer has probable cause to believe that moneys, cash, or negotiable or nonnegotiable instruments or securities, including deposit accounts, have been taken or retained unlawfully from a financial institution or vulnerable adult, as that term is defined in § 18.2-369, such 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 officer or agency having possession thereof may retain, pending such prosecution or appeal thereof, sufficient of such items necessary to prove a violation of § 18.2-178.1.

B. Upon motion of the attorney for the Commonwealth and for good cause shown, the court may order the release of all such items described in subsection A subject to the provisions of this section. The remaining excess items, if any, may be released to the owner thereof, upon proper receipt therefor, which release shall be with the consent of the attorney for the Commonwealth. The officer or agency authorizing such release shall make an appropriate record of the items released, including designation or copying of serial numbers, and such record or receipt shall be admissible into evidence in any proceeding, hearing, or trial of the case to the same extent as if such items had been introduced. Such record or receipt shall contain the name of the financial institution or person from whom the items were taken, the place from which taken, the name of the accused, and the name of the arresting officer or officers coming into initial possession of such items. Pictures shall be taken of the items and attached to the receipt or record, and if copies are made, the date of the photograph and the name of the photographer shall be included.

C. Should a seizure occur pursuant to this section and such items described in subsection A are introduced as an exhibit in a prosecution or appeal therefrom, 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 the items in an interest-bearing account.