                                 CODE OF VIRGINIA

SEIZURE OF MONEYS OR OTHER ASSETS OF VALUE IN CONNECTION WITH OR DERIVED FROM
FINANCIAL EXPLOITATION OF VULNERABLE ADULTS (§ 19.2-386.36)

All money, equipment, motor vehicles, and other personal and real property of
any kind or character that is (i) the subject of a violation of § 18.2-178.1,
including all moneys or other property, real or personal, traceable to such a
violation, together with any interest or profits derived from the investment of
such money or other property, or (ii) used in substantial connection with such a
violation shall be subject to lawful seizure. Real property shall not be subject
to seizure unless the minimum prescribed punishment for the violation is a term
of imprisonment of not less than 12 months.
		All seizures and forfeitures under this section shall be governed by Chapter
22.1 (§ 19.2-386.1 et seq.), and the procedures specified therein shall apply,
mutatis mutandis, except that an action against any property subject to seizure
under the provisions of this section may be commenced by the filing of an
information in the clerk&#8217;s office of the circuit court by the guardian,
adult protective agent, or representative of the vulnerable adult, who may for
good cause shown, upon motion to the court in which the information is filed,
act and stand in the place of the attorney for the Commonwealth for the
enforcement of such action. A hearing on a motion by a vulnerable adult pursuant
to this section shall be scheduled on an expedited basis and given priority over
other civil matters before the court. In addition to existing procedures for
service of process, such service may be satisfied by certified mail, return
receipt requested.
		Notwithstanding any provision of Chapter 22.1 (§ 19.2-386.1 et seq.) to the
contrary, money, equipment, motor vehicles, and other personal and real property
seized in the course of the investigation or prosecution for such offense shall
be returned to the vulnerable adult or his estate pursuant to § 19.2-386.5 and
shall be returned upon a plea of guilty or a finding of facts sufficient for
guilt for a violation of § 18.2-178.1.

HISTORY: 2025, c. 160.