{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-386.34.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-386.34.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-386.34.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-386.34.html"}],"law_id":86284,"edition_id":1,"section_id":86284,"structure_id":15532,"section_number":"19.2-386.34","catch_line":"Forfeiture of vehicle used in a felony violation of \u00a7 18.2-266","history":"2012, cc. 283, 756; 2020, c. 1000.","full_text":"The vehicle solely owned and operated by the accused during the commission of a felony violation of \u00a7 18.2-266 shall be subject to seizure and forfeiture. After an arrest upon a felony violation of \u00a7 18.2-266, the vehicle may be forfeited to the Commonwealth pursuant to the procedures set forth in Chapter 22.1 (\u00a7 19.2-386.1 et seq.).\n\t\tAn immediate family member of the owner of any motor vehicle for which an information has been filed under this section who was not the driver at the time of the violation may petition the court in which such information was filed for the release of the motor vehicle. If the immediate family member proves by a preponderance of the evidence that his immediate family has only one motor vehicle and will suffer a substantial hardship if that motor vehicle is seized and forfeited, the court, in its discretion, may release the vehicle.\n\t\tIn the event that the vehicle was sold to a bona fide purchaser subsequent to the arrest but prior to seizure in order to avoid seizure and forfeiture, the Commonwealth shall have a right of action against the seller for the proceeds of the sale.","order_by":null,"text":{"0":{"id":309009,"text":"The vehicle solely owned and operated by the accused during the commission of a felony violation of \u00a7 18.2-266 shall be subject to seizure and forfeiture. After an arrest upon a felony violation of \u00a7 18.2-266, the vehicle may be forfeited to the Commonwealth pursuant to the procedures set forth in Chapter 22.1 (\u00a7 19.2-386.1 et seq.).\n\t\tAn immediate family member of the owner of any motor vehicle for which an information has been filed under this section who was not the driver at the time of the violation may petition the court in which such information was filed for the release of the motor vehicle. If the immediate family member proves by a preponderance of the evidence that his immediate family has only one motor vehicle and will suffer a substantial hardship if that motor vehicle is seized and forfeited, the court, in its discretion, may release the vehicle.\n\t\tIn the event that the vehicle was sold to a bona fide purchaser subsequent to the arrest but prior to seizure in order to avoid seizure and forfeiture, the Commonwealth shall have a right of action against the seller for the proceeds of the sale.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15532,"edition_id":1,"name":"Miscellaneous Forfeiture Provisions","identifier":"22.2","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:56:02","date_modified":"2026-06-26 03:56:02","permalink":{"id":170315,"object_type":"structure","relational_id":15532,"identifier":"22.2","token":"19.2\/22.2","url":"\/19.2\/22.2\/","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":76677,"structure_id":15532,"section_number":"19.2-386.15","catch_line":"Seizure of property used in connection with or derived from terrorism","url":"\/19.2-386.15\/","token":"19.2\/22.2\/19.2-386.15","metadata":false},{"id":60983,"structure_id":15532,"section_number":"19.2-386.16","catch_line":"Forfeiture of motor vehicles used in commission of certain crimes","url":"\/19.2-386.16\/","token":"19.2\/22.2\/19.2-386.16","metadata":false},{"id":59670,"structure_id":15532,"section_number":"19.2-386.17","catch_line":"Forfeitures for computer crimes","url":"\/19.2-386.17\/","token":"19.2\/22.2\/19.2-386.17","metadata":false},{"id":73735,"structure_id":15532,"section_number":"19.2-386.18","catch_line":"Forfeiture of unlawful electronic communication devices","url":"\/19.2-386.18\/","token":"19.2\/22.2\/19.2-386.18","metadata":false},{"id":84430,"structure_id":15532,"section_number":"19.2-386.19","catch_line":"Seizure of property used in connection with money laundering","url":"\/19.2-386.19\/","token":"19.2\/22.2\/19.2-386.19","metadata":false},{"id":59919,"structure_id":15532,"section_number":"19.2-386.20","catch_line":"Forfeiture of cigarettes sold or attempted to be sold in an unlawful delivery sale","url":"\/19.2-386.20\/","token":"19.2\/22.2\/19.2-386.20","metadata":false},{"id":76319,"structure_id":15532,"section_number":"19.2-386.21","catch_line":"Forfeiture of counterfeit and contraband cigarettes","url":"\/19.2-386.21\/","token":"19.2\/22.2\/19.2-386.21","metadata":false},{"id":79626,"structure_id":15532,"section_number":"19.2-386.22","catch_line":"Seizure of property used in connection with or derived from illegal drug transactions","url":"\/19.2-386.22\/","token":"19.2\/22.2\/19.2-386.22","metadata":false},{"id":68664,"structure_id":15532,"section_number":"19.2-386.23","catch_line":"Disposal of seized controlled substances, marijuana, and paraphernalia","url":"\/19.2-386.23\/","token":"19.2\/22.2\/19.2-386.23","metadata":false},{"id":67824,"structure_id":15532,"section_number":"19.2-386.24","catch_line":"Destruction of seized controlled substances or marijuana prior to trial","url":"\/19.2-386.24\/","token":"19.2\/22.2\/19.2-386.24","metadata":false},{"id":61520,"structure_id":15532,"section_number":"19.2-386.25","catch_line":"Judge may order law-enforcement agency to maintain custody of controlled substances, etc","url":"\/19.2-386.25\/","token":"19.2\/22.2\/19.2-386.25","metadata":false},{"id":77904,"structure_id":15532,"section_number":"19.2-386.26","catch_line":"Seizure and forfeiture of drug paraphernalia","url":"\/19.2-386.26\/","token":"19.2\/22.2\/19.2-386.26","metadata":false},{"id":84672,"structure_id":15532,"section_number":"19.2-386.27","catch_line":"Forfeiture of firearms carried in violation of Article 6.1 (\u00a7 18.2-307.1 et seq.)","url":"\/19.2-386.27\/","token":"19.2\/22.2\/19.2-386.27","metadata":false},{"id":75668,"structure_id":15532,"section_number":"19.2-386.28","catch_line":"Forfeiture of weapons, etc., that are concealed, possessed, transported, or carried in violation of law","url":"\/19.2-386.28\/","token":"19.2\/22.2\/19.2-386.28","metadata":false},{"id":60469,"structure_id":15532,"section_number":"19.2-386.29","catch_line":"Forfeiture of certain weapons used in commission of criminal offense","url":"\/19.2-386.29\/","token":"19.2\/22.2\/19.2-386.29","metadata":false},{"id":85951,"structure_id":15532,"section_number":"19.2-386.30","catch_line":"Forfeiture of money, gambling devices, etc., seized from illegal gambling enterprise; innocent owners or lienors","url":"\/19.2-386.30\/","token":"19.2\/22.2\/19.2-386.30","metadata":false},{"id":66548,"structure_id":15532,"section_number":"19.2-386.31","catch_line":"Seizure and forfeiture of property used in connection with the exploitation and solicitation of children","url":"\/19.2-386.31\/","token":"19.2\/22.2\/19.2-386.31","metadata":false},{"id":76499,"structure_id":15532,"section_number":"19.2-386.32","catch_line":"Seizure and forfeiture of property used in connection with the abduction of children","url":"\/19.2-386.32\/","token":"19.2\/22.2\/19.2-386.32","metadata":false},{"id":85837,"structure_id":15532,"section_number":"19.2-386.33","catch_line":"Forfeiture of money, etc., derived from violation of \u00a7\u00a7 2.2-3103 through 2.2-3112","url":"\/19.2-386.33\/","token":"19.2\/22.2\/19.2-386.33","metadata":false},{"id":86284,"structure_id":15532,"section_number":"19.2-386.34","catch_line":"Forfeiture of vehicle used in a felony violation of \u00a7 18.2-266","url":"\/19.2-386.34\/","token":"19.2\/22.2\/19.2-386.34","metadata":false},{"id":79782,"structure_id":15532,"section_number":"19.2-386.35","catch_line":"Seizure of property used in connection with certain offenses","url":"\/19.2-386.35\/","token":"19.2\/22.2\/19.2-386.35","metadata":false},{"id":59228,"structure_id":15532,"section_number":"19.2-386.36","catch_line":"Seizure of moneys or other assets of value in connection with or derived from financial exploitation of vulnerable adults","url":"\/19.2-386.36\/","token":"19.2\/22.2\/19.2-386.36","metadata":false}],"previous_section":{"id":85837,"structure_id":15532,"section_number":"19.2-386.33","catch_line":"Forfeiture of money, etc., derived from violation of \u00a7\u00a7 2.2-3103 through 2.2-3112","url":"\/19.2-386.33\/","token":"19.2\/22.2\/19.2-386.33","metadata":false},"next_section":{"id":79782,"structure_id":15532,"section_number":"19.2-386.35","catch_line":"Seizure of property used in connection with certain offenses","url":"\/19.2-386.35\/","token":"19.2\/22.2\/19.2-386.35","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-386.34\/","history_text":"

This law was first created in 2012. The record of its establishment is cataloged in chapters 283<\/a> and 756<\/a> 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. It has been modified 1 time. 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. That modification is as follows: in 2020, chapter 1000<\/a>.<\/p>","references":false,"refers_to":[{"id":67410,"section_number":"18.2-266","catch_line":"Driving motor vehicle, engine, etc., while intoxicated, etc","order_by":null,"url":"\/18.2-266\/"},{"id":68052,"section_number":"19.2-386.1","catch_line":"Commencing an action of forfeiture","order_by":null,"url":"\/19.2-386.1\/"}],"permalink":{"id":170393,"object_type":"law","relational_id":86284,"identifier":"19.2-386.34","token":"19.2\/22.2\/19.2-386.34","url":"\/19.2-386.34\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-386.34\/","token":"19.2\/22.2\/19.2-386.34","dublin_core":{"Title":"Forfeiture of vehicle used in a felony violation of \u00a7 18.2-266","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-386.34","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The vehicle solely owned and operated by the accused<\/span> during the commission of a felony<\/span> violation of \u00a7 18.2-266<\/a> shall be subject to seizure and forfeiture. After an arrest<\/span> upon a felony<\/span> violation of \u00a7 18.2-266<\/a>, the vehicle may be forfeited to the Commonwealth pursuant to the procedures set forth in Chapter 22.1 (\u00a7 19.2-386.1<\/a> et seq.).\n\t\tAn immediate family member of the owner of any motor vehicle for which an information has been filed under this section who was not the driver at the time of the violation may petition<\/span> the court<\/span> in which such information was filed for the release of the motor vehicle. If the immediate family member proves by a preponderance of the evidence<\/span> that his immediate family has only one motor vehicle and will suffer a substantial hardship if that motor vehicle is seized and forfeited, the court<\/span>, in its discretion, may release the vehicle.\n\t\tIn the event that the vehicle was sold to a bona fide purchaser subsequent to the arrest<\/span> but prior to seizure in order<\/span> to avoid seizure and forfeiture, the Commonwealth shall have a right of action against the seller for the proceeds of the sale.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFORFEITURE OF VEHICLE USED IN A FELONY VIOLATION OF \u00a7 18.2-266 (\u00a7 19.2-386.34)\n\nThe vehicle solely owned and operated by the accused during the commission of a\nfelony violation of \u00a7 18.2-266 shall be subject to seizure and forfeiture.\nAfter an arrest upon a felony violation of \u00a7 18.2-266, the vehicle may be\nforfeited to the Commonwealth pursuant to the procedures set forth in Chapter\n22.1 (\u00a7 19.2-386.1 et seq.).\n\t\tAn immediate family member of the owner of any motor vehicle for which an\ninformation has been filed under this section who was not the driver at the time\nof the violation may petition the court in which such information was filed for\nthe release of the motor vehicle. If the immediate family member proves by a\npreponderance of the evidence that his immediate family has only one motor\nvehicle and will suffer a substantial hardship if that motor vehicle is seized\nand forfeited, the court, in its discretion, may release the vehicle.\n\t\tIn the event that the vehicle was sold to a bona fide purchaser subsequent to\nthe arrest but prior to seizure in order to avoid seizure and forfeiture, the\nCommonwealth shall have a right of action against the seller for the proceeds of\nthe sale.\n\nHISTORY: 2012, cc. 283, 756; 2020, c. 1000.","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}}