                                 CODE OF VIRGINIA

FORFEITURE OF VEHICLE USED IN A FELONY VIOLATION OF § 18.2-266 (§ 19.2-386.34)

The vehicle solely owned and operated by the accused during the commission of a
felony violation of § 18.2-266 shall be subject to seizure and forfeiture.
After an arrest upon a felony violation of § 18.2-266, the vehicle may be
forfeited to the Commonwealth pursuant to the procedures set forth in Chapter
22.1 (§ 19.2-386.1 et seq.).
		An 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.
		In 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.

HISTORY: 2012, cc. 283, 756; 2020, c. 1000.