{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-386.14.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-386.14.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-386.14.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-386.14.html"}],"law_id":84497,"edition_id":1,"section_id":84497,"structure_id":14527,"section_number":"19.2-386.14","catch_line":"Sharing of forfeited assets","history":"1991, c. 560; 2012, cc. 126, 283, 373, 756; 2016, cc. 203, 423; 2018, c. 666; 2022, c. 266; 2025, c. 448.","full_text":"A\n\nAll cash, negotiable instruments, and proceeds from a sale conducted pursuant to § 19.2-386.7 or 19.2-386.12, after deduction of expenses, fees, and costs as provided in § 19.2-386.12, shall, as soon after entry of the forfeiture as is practicable, be distributed in a manner consistent with this chapter and Article VIII, § 8 of the Constitution of Virginia.A1\n\nAll cash, negotiable instruments and proceeds from a sale conducted pursuant to § 19.2-386.7 or 19.2-386.12, after deduction of expenses, fees and costs as provided in § 19.2-386.12, shall, as soon after entry of the forfeiture as is practicable, be paid over to the state treasury into a special fund of the Department of Criminal Justice Services for distribution in accordance with this section. The forfeited property and proceeds, less 10 percent, shall be made available to federal, state, and local agencies to promote law enforcement in accordance with this section, which may include expenditures to strengthen relationships between the community and law enforcement, encourage goodwill between the community and law enforcement, promote cooperation with law enforcement, or provide equipment and training for law-enforcement officers, and regulations adopted by the Criminal Justice Services Board to implement the asset-sharing program. However, such forfeited property and proceeds shall only be used by law enforcement in the course of employment and in the performance of their official duties and not for personal use.\n\t\t\tThe 10 percent retained by the Department shall be held in a nonreverting fund, known as the Asset Sharing Administrative Fund. Administrative costs incurred by the Department to manage and operate the asset-sharing program shall be paid from the Fund. Any amounts remaining in the Fund after payment of these costs shall be used to promote state or local law-enforcement activities. Distributions from the Fund for these activities shall be based upon need and shall be made from time to time in accordance with regulations promulgated by the Board.B\n\nAny federal, state or local agency or office that directly participated in the investigation or other law-enforcement activity which led, directly or indirectly, to the seizure and forfeiture shall be eligible for, and may petition the Department for, return of the forfeited asset or an equitable share of the net proceeds, based upon the degree of participation in the law-enforcement effort resulting in the forfeiture, taking into account the total value of all property forfeited and the total law-enforcement effort with respect to the violation of law on which the forfeiture is based. Upon finding that the petitioning agency is eligible for distribution and that all participating agencies agree on the equitable share of each, the Department shall distribute each share directly to the appropriate treasury of the participating agency.\n\t\t\tIf all eligible participating agencies cannot agree on the equitable shares of the net proceeds, the shares shall be determined by the Criminal Justice Services Board in accordance with regulations which shall specify the criteria to be used by the Board in assessing the degree of participation in the law-enforcement effort resulting in the forfeiture.C\n\nAfter the order of forfeiture is entered concerning any motor vehicle, boat, aircraft, or other tangible personal property, any seizing agency may (i) petition the Department for return of the property that is not subject to a grant or pending petition for remission or (ii) request the circuit court to order the property destroyed. Where all the participating agencies agree upon the equitable distribution of the tangible personal property, the Department shall return the property to those agencies upon finding that (a) the agency meets the criteria for distribution as set forth in subsection B and (b) the agency has a clear and reasonable law-enforcement need for the forfeited property.\n\t\t\tIf all eligible participating agencies cannot agree on the distribution of the property, distribution shall be determined by the Criminal Justice Services Board as in subsection B, taking into consideration the clear and reasonable law-enforcement needs for the property which the agencies may have. In order to equitably distribute tangible personal property, the Criminal Justice Services Board may require the agency receiving the property to reimburse the Department in cash for the difference between the fair market value of the forfeited property and the agency’s equitable share as determined by the Criminal Justice Services Board.\n\t\t\tIf a seizing agency has received property for its use pursuant to this section, when the agency disposes of the property (1) by sale, the proceeds shall be distributed as set forth in this section; or (2) by destruction pursuant to a court order, the agency shall do so in a manner consistent with this section.D\n\nAll forfeited property, including its proceeds or cash equivalent, received by a participating state or local agency pursuant to this section shall be used to promote law enforcement, which may include expenditures to strengthen relationships between the community and law enforcement, encourage goodwill between the community and law enforcement, promote cooperation with law enforcement, or provide equipment and training for law-enforcement officers but shall not be used to supplant existing programs or funds. Additionally, such forfeited property, including its proceeds or cash equivalent, shall only be used by law enforcement in the course of employment and in the performance of their official duties and not for personal use. The Board shall promulgate regulations establishing an audit procedure to ensure compliance with this section.E\n\nOn or after July 1, 2012, but before July 1, 2014, local seizing agencies may contribute cash funds and proceeds from forfeited property to the Virginia Public Safety Foundation to support the construction of the Commonwealth Public Safety Memorial. Any funds contributed by seizing agencies shall be contributed only after an internal analysis to determine that such contributions will not negatively impact law-enforcement training or operations.F\n\nThe Department shall report annually on or before December 31 to the Governor and the General Assembly the amount of all cash, negotiable instruments, and proceeds from sales conducted pursuant to § 19.2-386.7 or 19.2-386.12 that were forfeited to the Commonwealth, including the amount of all forfeitures distributed to the Literary Fund. Such report shall also detail the amount distributed by the Department to each federal, state, or local agency or office pursuant to this section, and the amount each state or local agency or office received from federal asset forfeiture proceedings. Any state or local agency that receives a forfeited asset or an equitable share of the net proceeds of a forfeited asset from the Department or from a federal asset forfeiture proceeding shall inform the Department, in a manner prescribed by the Department, of (i) the offense on which the forfeiture is based listed in the information filed pursuant to § 19.2-386.1, (ii) any criminal charge brought against the owner of the forfeited asset, and (iii) if a criminal charge was brought against the owner of the forfeited asset, the status of the charge, including whether the charge is pending or resulted in a conviction. The Department shall include such information in the annual report. The Department shall ensure that such report is available to the public.","order_by":null,"text":{"0":{"id":302840,"text":"All cash, negotiable instruments, and proceeds from a sale conducted pursuant to § 19.2-386.7 or 19.2-386.12, after deduction of expenses, fees, and costs as provided in § 19.2-386.12, shall, as soon after entry of the forfeiture as is practicable, be distributed in a manner consistent with this chapter and Article VIII, § 8 of the Constitution of Virginia.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":302841,"text":"All cash, negotiable instruments and proceeds from a sale conducted pursuant to § 19.2-386.7 or 19.2-386.12, after deduction of expenses, fees and costs as provided in § 19.2-386.12, shall, as soon after entry of the forfeiture as is practicable, be paid over to the state treasury into a special fund of the Department of Criminal Justice Services for distribution in accordance with this section. The forfeited property and proceeds, less 10 percent, shall be made available to federal, state, and local agencies to promote law enforcement in accordance with this section, which may include expenditures to strengthen relationships between the community and law enforcement, encourage goodwill between the community and law enforcement, promote cooperation with law enforcement, or provide equipment and training for law-enforcement officers, and regulations adopted by the Criminal Justice Services Board to implement the asset-sharing program. However, such forfeited property and proceeds shall only be used by law enforcement in the course of employment and in the performance of their official duties and not for personal use.\n\t\t\tThe 10 percent retained by the Department shall be held in a nonreverting fund, known as the Asset Sharing Administrative Fund. Administrative costs incurred by the Department to manage and operate the asset-sharing program shall be paid from the Fund. Any amounts remaining in the Fund after payment of these costs shall be used to promote state or local law-enforcement activities. Distributions from the Fund for these activities shall be based upon need and shall be made from time to time in accordance with regulations promulgated by the Board.","type":"section","prefixes":["A1"],"prefix":"A1","entire_prefix":"A1","prefix_anchor":"A1","level":1,"prior_prefix":"A","next_prefix":"B"},"2":{"id":302842,"text":"Any federal, state or local agency or office that directly participated in the investigation or other law-enforcement activity which led, directly or indirectly, to the seizure and forfeiture shall be eligible for, and may petition the Department for, return of the forfeited asset or an equitable share of the net proceeds, based upon the degree of participation in the law-enforcement effort resulting in the forfeiture, taking into account the total value of all property forfeited and the total law-enforcement effort with respect to the violation of law on which the forfeiture is based. Upon finding that the petitioning agency is eligible for distribution and that all participating agencies agree on the equitable share of each, the Department shall distribute each share directly to the appropriate treasury of the participating agency.\n\t\t\tIf all eligible participating agencies cannot agree on the equitable shares of the net proceeds, the shares shall be determined by the Criminal Justice Services Board in accordance with regulations which shall specify the criteria to be used by the Board in assessing the degree of participation in the law-enforcement effort resulting in the forfeiture.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A1","next_prefix":"C"},"3":{"id":302843,"text":"After the order of forfeiture is entered concerning any motor vehicle, boat, aircraft, or other tangible personal property, any seizing agency may (i) petition the Department for return of the property that is not subject to a grant or pending petition for remission or (ii) request the circuit court to order the property destroyed. Where all the participating agencies agree upon the equitable distribution of the tangible personal property, the Department shall return the property to those agencies upon finding that (a) the agency meets the criteria for distribution as set forth in subsection B and (b) the agency has a clear and reasonable law-enforcement need for the forfeited property.\n\t\t\tIf all eligible participating agencies cannot agree on the distribution of the property, distribution shall be determined by the Criminal Justice Services Board as in subsection B, taking into consideration the clear and reasonable law-enforcement needs for the property which the agencies may have. In order to equitably distribute tangible personal property, the Criminal Justice Services Board may require the agency receiving the property to reimburse the Department in cash for the difference between the fair market value of the forfeited property and the agency’s equitable share as determined by the Criminal Justice Services Board.\n\t\t\tIf a seizing agency has received property for its use pursuant to this section, when the agency disposes of the property (1) by sale, the proceeds shall be distributed as set forth in this section; or (2) by destruction pursuant to a court order, the agency shall do so in a manner consistent with this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"4":{"id":302844,"text":"All forfeited property, including its proceeds or cash equivalent, received by a participating state or local agency pursuant to this section shall be used to promote law enforcement, which may include expenditures to strengthen relationships between the community and law enforcement, encourage goodwill between the community and law enforcement, promote cooperation with law enforcement, or provide equipment and training for law-enforcement officers but shall not be used to supplant existing programs or funds. Additionally, such forfeited property, including its proceeds or cash equivalent, shall only be used by law enforcement in the course of employment and in the performance of their official duties and not for personal use. The Board shall promulgate regulations establishing an audit procedure to ensure compliance with this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"5":{"id":302845,"text":"On or after July 1, 2012, but before July 1, 2014, local seizing agencies may contribute cash funds and proceeds from forfeited property to the Virginia Public Safety Foundation to support the construction of the Commonwealth Public Safety Memorial. Any funds contributed by seizing agencies shall be contributed only after an internal analysis to determine that such contributions will not negatively impact law-enforcement training or operations.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"6":{"id":302846,"text":"The Department shall report annually on or before December 31 to the Governor and the General Assembly the amount of all cash, negotiable instruments, and proceeds from sales conducted pursuant to § 19.2-386.7 or 19.2-386.12 that were forfeited to the Commonwealth, including the amount of all forfeitures distributed to the Literary Fund. Such report shall also detail the amount distributed by the Department to each federal, state, or local agency or office pursuant to this section, and the amount each state or local agency or office received from federal asset forfeiture proceedings. Any state or local agency that receives a forfeited asset or an equitable share of the net proceeds of a forfeited asset from the Department or from a federal asset forfeiture proceeding shall inform the Department, in a manner prescribed by the Department, of (i) the offense on which the forfeiture is based listed in the information filed pursuant to § 19.2-386.1, (ii) any criminal charge brought against the owner of the forfeited asset, and (iii) if a criminal charge was brought against the owner of the forfeited asset, the status of the charge, including whether the charge is pending or resulted in a conviction. The Department shall include such information in the annual report. The Department shall ensure that such report is available to the public.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14527,"edition_id":1,"name":"Enforcement of Forfeitures","identifier":"22.1","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:48:31","date_modified":"2026-06-26 03:48:31","permalink":{"id":170253,"object_type":"structure","relational_id":14527,"identifier":"22.1","token":"19.2\/22.1","url":"\/19.2\/22.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68052,"structure_id":14527,"section_number":"19.2-386.1","catch_line":"Commencing an action of forfeiture","url":"\/19.2-386.1\/","token":"19.2\/22.1\/19.2-386.1","metadata":false},{"id":57102,"structure_id":14527,"section_number":"19.2-386.10","catch_line":"Forfeiture; default judgment; remission; trial","url":"\/19.2-386.10\/","token":"19.2\/22.1\/19.2-386.10","metadata":false},{"id":85905,"structure_id":14527,"section_number":"19.2-386.11","catch_line":"Judgment of condemnation; destruction","url":"\/19.2-386.11\/","token":"19.2\/22.1\/19.2-386.11","metadata":false},{"id":77782,"structure_id":14527,"section_number":"19.2-386.12","catch_line":"Sale of forfeited property","url":"\/19.2-386.12\/","token":"19.2\/22.1\/19.2-386.12","metadata":false},{"id":68893,"structure_id":14527,"section_number":"19.2-386.13","catch_line":"Writ of error and supersedeas","url":"\/19.2-386.13\/","token":"19.2\/22.1\/19.2-386.13","metadata":false},{"id":84497,"structure_id":14527,"section_number":"19.2-386.14","catch_line":"Sharing of forfeited assets","url":"\/19.2-386.14\/","token":"19.2\/22.1\/19.2-386.14","metadata":false},{"id":56604,"structure_id":14527,"section_number":"19.2-386.2","catch_line":"Seizure of named property","url":"\/19.2-386.2\/","token":"19.2\/22.1\/19.2-386.2","metadata":false},{"id":68967,"structure_id":14527,"section_number":"19.2-386.2:1","catch_line":"Notice to Commissioner of Department of Motor Vehicles; duties of Commissioner","url":"\/19.2-386.2_1\/","token":"19.2\/22.1\/19.2-386.2_1","metadata":false},{"id":65160,"structure_id":14527,"section_number":"19.2-386.3","catch_line":"Notice of seizure for forfeiture and notice of motion for judgment","url":"\/19.2-386.3\/","token":"19.2\/22.1\/19.2-386.3","metadata":false},{"id":70609,"structure_id":14527,"section_number":"19.2-386.4","catch_line":"Records and handling of seized property","url":"\/19.2-386.4\/","token":"19.2\/22.1\/19.2-386.4","metadata":false},{"id":70554,"structure_id":14527,"section_number":"19.2-386.5","catch_line":"Release of seized property","url":"\/19.2-386.5\/","token":"19.2\/22.1\/19.2-386.5","metadata":false},{"id":81018,"structure_id":14527,"section_number":"19.2-386.6","catch_line":"Bond to secure possession","url":"\/19.2-386.6\/","token":"19.2\/22.1\/19.2-386.6","metadata":false},{"id":79713,"structure_id":14527,"section_number":"19.2-386.7","catch_line":"Sale of property liable to deterioration","url":"\/19.2-386.7\/","token":"19.2\/22.1\/19.2-386.7","metadata":false},{"id":74751,"structure_id":14527,"section_number":"19.2-386.8","catch_line":"Exemptions","url":"\/19.2-386.8\/","token":"19.2\/22.1\/19.2-386.8","metadata":false},{"id":55965,"structure_id":14527,"section_number":"19.2-386.9","catch_line":"Appearance by owner or lien holder","url":"\/19.2-386.9\/","token":"19.2\/22.1\/19.2-386.9","metadata":false}],"previous_section":{"id":68893,"structure_id":14527,"section_number":"19.2-386.13","catch_line":"Writ of error and supersedeas","url":"\/19.2-386.13\/","token":"19.2\/22.1\/19.2-386.13","metadata":false},"next_section":{"id":56604,"structure_id":14527,"section_number":"19.2-386.2","catch_line":"Seizure of named property","url":"\/19.2-386.2\/","token":"19.2\/22.1\/19.2-386.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-386.14\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 560 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2012, chapters 126<\/a>, 283<\/a>, 373<\/a>, and 756<\/a>; in 2016, chapters 203<\/a> and 423<\/a>; in 2018, chapter 666<\/a>; in 2022, chapter 266<\/a>; in 2025, chapter 448<\/a>.<\/p>","references":[{"id":85905,"section_number":"19.2-386.11","catch_line":"Judgment of condemnation; destruction","order_by":null,"url":"\/19.2-386.11\/"},{"id":77782,"section_number":"19.2-386.12","catch_line":"Sale of forfeited property","order_by":null,"url":"\/19.2-386.12\/"},{"id":84491,"section_number":"3.2-5139","catch_line":"Disposition of proceeds from sale of such goods","order_by":null,"url":"\/3.2-5139\/"},{"id":87013,"section_number":"3.2-5153","catch_line":"(For expiration date, see Editor's notes) Judgment as to covered produce to be condemned or destroyed; procedure before an appropriate court; appeal; proceeds","order_by":null,"url":"\/3.2-5153\/"}],"refers_to":[{"id":68052,"section_number":"19.2-386.1","catch_line":"Commencing an action of forfeiture","order_by":null,"url":"\/19.2-386.1\/"},{"id":77782,"section_number":"19.2-386.12","catch_line":"Sale of forfeited property","order_by":null,"url":"\/19.2-386.12\/"},{"id":79713,"section_number":"19.2-386.7","catch_line":"Sale of property liable to deterioration","order_by":null,"url":"\/19.2-386.7\/"}],"permalink":{"id":170275,"object_type":"law","relational_id":84497,"identifier":"19.2-386.14","token":"19.2\/22.1\/19.2-386.14","url":"\/19.2-386.14\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-386.14\/","token":"19.2\/22.1\/19.2-386.14","dublin_core":{"Title":"Sharing of forfeited assets","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-386.14","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> All cash, negotiable instruments, and proceeds from a sale conducted pursuant to § 19.2-386.7<\/a> or 19.2-386.12<\/a>, after deduction of expenses, fees, and costs as provided in § 19.2-386.12<\/a>, shall, as soon after entry of the forfeiture as is practicable, be distributed in a manner consistent with this chapter and Article VIII, § 8 of the Constitution of Virginia. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A1.<\/span> All cash, negotiable instruments and proceeds from a sale conducted pursuant to § 19.2-386.7<\/a> or 19.2-386.12<\/a>, after deduction of expenses, fees and costs as provided in § 19.2-386.12<\/a>, shall, as soon after entry of the forfeiture as is practicable, be paid over to the state treasury into a special fund of the Department of Criminal Justice Services for distribution in accordance with this section. The forfeited property and proceeds, less 10 percent, shall be made available to federal, state, and local agencies to promote law<\/span> enforcement in accordance with this section, which may include expenditures to strengthen relationships between the community and law<\/span> enforcement, encourage goodwill between the community and law<\/span> enforcement, promote cooperation with law<\/span> enforcement, or provide equipment and training for law<\/span>-enforcement officers, and regulations adopted by the Criminal Justice Services Board to implement the asset-sharing program. However, such forfeited property and proceeds shall only be used by law<\/span> enforcement in the course of employment and in the performance of their official duties and not for personal use.\n\t\t\tThe 10 percent retained by the Department shall be held in a nonreverting fund, known as the Asset Sharing Administrative Fund. Administrative costs incurred by the Department to manage and operate the asset-sharing program shall be paid from the Fund. Any amounts remaining in the Fund after payment of these costs shall be used to promote state or local law<\/span>-enforcement activities. Distributions from the Fund for these activities shall be based upon need and shall be made from time to time in accordance with regulations promulgated by the Board. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any federal, state or local agency or office that directly participated in the investigation or other law<\/span>-enforcement activity which led, directly or indirectly, to the seizure and forfeiture shall be eligible for, and may petition<\/span> the Department for, return of the forfeited asset or an equitable<\/span> share of the net proceeds, based upon the degree of participation in the law<\/span>-enforcement effort resulting in the forfeiture, taking into account the total value of all property forfeited and the total law<\/span>-enforcement effort with respect to the violation of law<\/span> on which the forfeiture is based. Upon finding<\/span> that the petitioning agency is eligible for distribution and that all participating agencies agree on the equitable<\/span> share of each, the Department shall distribute each share directly to the appropriate treasury of the participating agency.\n\t\t\tIf all eligible participating agencies cannot agree on the equitable<\/span> shares of the net proceeds, the shares shall be determined by the Criminal Justice Services Board in accordance with regulations which shall specify the criteria to be used by the Board in assessing the degree of participation in the law<\/span>-enforcement effort resulting in the forfeiture. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> After the order of forfeiture is entered concerning any motor vehicle, boat, aircraft, or other tangible personal property, any seizing agency may (i) petition<\/span> the Department for return of the property that is not subject to a grant or pending petition<\/span> for remission or (ii) request the circuit<\/span> court to order the property destroyed. Where all the participating agencies agree upon the equitable distribution<\/span> of the tangible personal property, the Department shall return the property to those agencies upon finding<\/span> that (a) the agency meets the criteria for distribution as set forth in subsection B and (b) the agency has a clear and reasonable law<\/span>-enforcement need for the forfeited property.\n\t\t\tIf all eligible participating agencies cannot agree on the distribution of the property, distribution shall be determined by the Criminal Justice Services Board as in subsection B, taking into consideration the clear and reasonable law<\/span>-enforcement needs for the property which the agencies may have. In order to equitably distribute tangible personal property, the Criminal Justice Services Board may require the agency receiving the property to reimburse the Department in cash for the difference between the fair market value of the forfeited property and the agency’s equitable share as determined by the Criminal Justice Services Board.\n\t\t\tIf a seizing agency has received property for its use pursuant to this section, when the agency disposes of the property (1) by sale, the proceeds shall be distributed as set forth in this section; or (2) by destruction pursuant to a court order<\/span>, the agency shall do so in a manner consistent with this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> All forfeited property, including its proceeds or cash equivalent, received by a participating state or local agency pursuant to this section shall be used to promote law<\/span> enforcement, which may include expenditures to strengthen relationships between the community and law<\/span> enforcement, encourage goodwill between the community and law<\/span> enforcement, promote cooperation with law<\/span> enforcement, or provide equipment and training for law<\/span>-enforcement officers but shall not be used to supplant existing programs or funds. Additionally, such forfeited property, including its proceeds or cash equivalent, shall only be used by law<\/span> enforcement in the course of employment and in the performance of their official duties and not for personal use. The Board shall promulgate regulations establishing an audit procedure to ensure compliance with this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> On or after July 1, 2012, but before July 1, 2014, local seizing agencies may contribute cash funds and proceeds from forfeited property to the Virginia Public Safety Foundation to support the construction of the Commonwealth Public Safety Memorial. Any funds contributed by seizing agencies shall be contributed only after an internal analysis to determine that such contributions will not negatively impact law<\/span>-enforcement training or operations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Department shall report annually on or before December 31 to the Governor and the General Assembly the amount of all cash, negotiable instruments, and proceeds from sales conducted pursuant to § 19.2-386.7<\/a> or 19.2-386.12<\/a> that were forfeited to the Commonwealth, including the amount of all forfeitures distributed to the Literary Fund. Such report shall also detail the amount distributed by the Department to each federal, state, or local agency or office pursuant to this section, and the amount each state or local agency or office received from federal asset forfeiture proceedings. Any state or local agency that receives a forfeited asset or an equitable share of the net proceeds of a forfeited asset from the Department or from a federal asset forfeiture proceeding shall inform the Department, in a manner prescribed by the Department, of (i) the offense<\/span> on which the forfeiture is based listed in the information filed pursuant to § 19.2-386.1<\/a>, (ii) any criminal charge brought against the owner of the forfeited asset, and (iii) if a criminal charge was brought against the owner of the forfeited asset, the status of the charge, including whether the charge is pending or resulted in a conviction<\/span>. The Department shall include such information in the annual report. The Department shall ensure that such report is available to the public. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSHARING OF FORFEITED ASSETS (\u00a7 19.2-386.14)\n\nA. All cash, negotiable instruments, and proceeds from a sale conducted pursuant\nto § 19.2-386.7 or 19.2-386.12, after deduction of expenses, fees, and\ncosts as provided in § 19.2-386.12, shall, as soon after entry of the\nforfeiture as is practicable, be distributed in a manner consistent with this\nchapter and Article VIII, § 8 of the Constitution of Virginia.\n\nA1. All cash, negotiable instruments and proceeds from a sale conducted pursuant\nto § 19.2-386.7 or 19.2-386.12, after deduction of expenses, fees and costs\nas provided in § 19.2-386.12, shall, as soon after entry of the forfeiture\nas is practicable, be paid over to the state treasury into a special fund of the\nDepartment of Criminal Justice Services for distribution in accordance with this\nsection. The forfeited property and proceeds, less 10 percent, shall be made\navailable to federal, state, and local agencies to promote law enforcement in\naccordance with this section, which may include expenditures to strengthen\nrelationships between the community and law enforcement, encourage goodwill\nbetween the community and law enforcement, promote cooperation with law\nenforcement, or provide equipment and training for law-enforcement officers, and\nregulations adopted by the Criminal Justice Services Board to implement the\nasset-sharing program. However, such forfeited property and proceeds shall only\nbe used by law enforcement in the course of employment and in the performance of\ntheir official duties and not for personal use.\n\t\t\tThe 10 percent retained by the Department shall be held in a nonreverting\nfund, known as the Asset Sharing Administrative Fund. Administrative costs\nincurred by the Department to manage and operate the asset-sharing program shall\nbe paid from the Fund. Any amounts remaining in the Fund after payment of these\ncosts shall be used to promote state or local law-enforcement activities.\nDistributions from the Fund for these activities shall be based upon need and\nshall be made from time to time in accordance with regulations promulgated by\nthe Board.\n\nB. Any federal, state or local agency or office that directly participated in\nthe investigation or other law-enforcement activity which led, directly or\nindirectly, to the seizure and forfeiture shall be eligible for, and may\npetition the Department for, return of the forfeited asset or an equitable share\nof the net proceeds, based upon the degree of participation in the\nlaw-enforcement effort resulting in the forfeiture, taking into account the\ntotal value of all property forfeited and the total law-enforcement effort with\nrespect to the violation of law on which the forfeiture is based. Upon finding\nthat the petitioning agency is eligible for distribution and that all\nparticipating agencies agree on the equitable share of each, the Department\nshall distribute each share directly to the appropriate treasury of the\nparticipating agency.\n\t\t\tIf all eligible participating agencies cannot agree on the equitable shares\nof the net proceeds, the shares shall be determined by the Criminal Justice\nServices Board in accordance with regulations which shall specify the criteria\nto be used by the Board in assessing the degree of participation in the\nlaw-enforcement effort resulting in the forfeiture.\n\nC. After the order of forfeiture is entered concerning any motor vehicle, boat,\naircraft, or other tangible personal property, any seizing agency may (i)\npetition the Department for return of the property that is not subject to a\ngrant or pending petition for remission or (ii) request the circuit court to\norder the property destroyed. Where all the participating agencies agree upon\nthe equitable distribution of the tangible personal property, the Department\nshall return the property to those agencies upon finding that (a) the agency\nmeets the criteria for distribution as set forth in subsection B and (b) the\nagency has a clear and reasonable law-enforcement need for the forfeited\nproperty.\n\t\t\tIf all eligible participating agencies cannot agree on the distribution of\nthe property, distribution shall be determined by the Criminal Justice Services\nBoard as in subsection B, taking into consideration the clear and reasonable\nlaw-enforcement needs for the property which the agencies may have. In order to\nequitably distribute tangible personal property, the Criminal Justice Services\nBoard may require the agency receiving the property to reimburse the Department\nin cash for the difference between the fair market value of the forfeited\nproperty and the agency’s equitable share as determined by the Criminal\nJustice Services Board.\n\t\t\tIf a seizing agency has received property for its use pursuant to this\nsection, when the agency disposes of the property (1) by sale, the proceeds\nshall be distributed as set forth in this section; or (2) by destruction\npursuant to a court order, the agency shall do so in a manner consistent with\nthis section.\n\nD. All forfeited property, including its proceeds or cash equivalent, received\nby a participating state or local agency pursuant to this section shall be used\nto promote law enforcement, which may include expenditures to strengthen\nrelationships between the community and law enforcement, encourage goodwill\nbetween the community and law enforcement, promote cooperation with law\nenforcement, or provide equipment and training for law-enforcement officers but\nshall not be used to supplant existing programs or funds. Additionally, such\nforfeited property, including its proceeds or cash equivalent, shall only be\nused by law enforcement in the course of employment and in the performance of\ntheir official duties and not for personal use. The Board shall promulgate\nregulations establishing an audit procedure to ensure compliance with this\nsection.\n\nE. On or after July 1, 2012, but before July 1, 2014, local seizing agencies may\ncontribute cash funds and proceeds from forfeited property to the Virginia\nPublic Safety Foundation to support the construction of the Commonwealth Public\nSafety Memorial. Any funds contributed by seizing agencies shall be contributed\nonly after an internal analysis to determine that such contributions will not\nnegatively impact law-enforcement training or operations.\n\nF. The Department shall report annually on or before December 31 to the Governor\nand the General Assembly the amount of all cash, negotiable instruments, and\nproceeds from sales conducted pursuant to § 19.2-386.7 or 19.2-386.12 that\nwere forfeited to the Commonwealth, including the amount of all forfeitures\ndistributed to the Literary Fund. Such report shall also detail the amount\ndistributed by the Department to each federal, state, or local agency or office\npursuant to this section, and the amount each state or local agency or office\nreceived from federal asset forfeiture proceedings. Any state or local agency\nthat receives a forfeited asset or an equitable share of the net proceeds of a\nforfeited asset from the Department or from a federal asset forfeiture\nproceeding shall inform the Department, in a manner prescribed by the\nDepartment, of (i) the offense on which the forfeiture is based listed in the\ninformation filed pursuant to § 19.2-386.1, (ii) any criminal charge\nbrought against the owner of the forfeited asset, and (iii) if a criminal charge\nwas brought against the owner of the forfeited asset, the status of the charge,\nincluding whether the charge is pending or resulted in a conviction. The\nDepartment shall include such information in the annual report. The Department\nshall ensure that such report is available to the public.\n\nHISTORY: 1991, c. 560; 2012, cc. 126, 283, 373, 756; 2016, cc. 203, 423; 2018,\nc. 666; 2022, c. 266; 2025, c. 448.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}