                                 CODE OF VIRGINIA

COMMENCING AN ACTION OF FORFEITURE (§ 19.2-386.1)

A. Except as otherwise specifically provided by law, whenever any property is
forfeited to the Commonwealth by reason of the violation of any law, or if any
statute provides for the forfeiture of any property or money, or if any property
or money be seized as forfeited for a violation of any of the provisions of this
Code, the Commonwealth shall follow the procedures set forth in this chapter.

B. An action against any property subject to seizure under the provisions of
Chapter 22.2 (&#xA7; 19.2-386.15 et seq.) shall be commenced by the filing of an
information in the clerk&#8217;s office of the circuit court. Any information
shall be filed in the name of the Commonwealth by the attorney for the
Commonwealth or may be filed by the Attorney General if so requested by the
attorney for the Commonwealth. Venue for an action of forfeiture shall lie in
the county or city where (i) the property is located, (ii) the property is
seized, or (iii) an owner of the property or the person in whose custody the
property is found could be prosecuted for the illegal conduct alleged to give
rise to the forfeiture. Such information shall (a) name as parties defendant all
owners and lienholders then known or of record and the trustees named in any
deed of trust securing such lienholder, (b) specifically describe the property,
(c) set forth in general terms the grounds for forfeiture of the named property,
(d) pray that the same be condemned and sold or otherwise be disposed of
according to law, and (e) ask that all persons concerned or interested be
notified to appear and show cause why such property should not be forfeited. In
all cases, an information shall be filed within three years of the date of
actual discovery by the Commonwealth of the last act giving rise to the
forfeiture or the action for forfeiture will be barred.

C. Any action of forfeiture commenced under this section shall be stayed until
the court in which the owner of the property or the person in whose custody the
property is found is being prosecuted for an offense authorizing the forfeiture
finds the owner or the person in whose custody the property is found guilty of
any offense that authorizes forfeiture of such property, and any property
eligible for forfeiture under the provisions of any statute shall be forfeited
only upon such finding of guilt of the owner or the person in whose custody the
property is found, regardless of whether the owner or the person in whose
custody the property is found has been sentenced. If no such finding is made by
the court, all property seized shall be released from seizure no later than 21
days from the date the stay terminates. However, property that has been seized
may be forfeited pursuant to the procedures set forth in this chapter even
though no finding of guilt is made if (i) such forfeiture is ordered by a court
pursuant to a lawful plea agreement or (ii) the owner of the property or the
person in whose custody the property was found has not submitted a written
demand for the return of the property with the law-enforcement agency that
seized the property within 21 days from the date the stay terminates.

HISTORY: 1989, c. 690; 1991, c. 560; 2002, cc. 588, 623; 2004, c. 995; 2012, cc.
283, 756; 2020, c. 1000.