                                 CODE OF VIRGINIA

CONFISCATION PROCEEDINGS; DISPOSITION OF FORFEITED ARTICLES (§ 4.1-338)

A. All proceedings for the confiscation of articles, except motor vehicles,
declared contraband and forfeited to the Commonwealth under this chapter shall
be as provided in this section.

B. Production of seized property. &#8212; Whenever any article declared
contraband under the provisions of this subtitle and required to be forfeited to
the Commonwealth has been seized, with or without a warrant, by any officer
charged with the enforcement of this subtitle, he shall produce the contraband
article and any person in whose possession it was found. In those cases where no
person is found in possession of such articles the return shall so state and a
copy of the warrant shall be posted on the door of the buildings or room where
the articles were found, or if there is no door, then in any conspicuous place
upon the premises.
			In case of seizure of a still, doubler, worm, worm tub, mash tub, fermenting
tub, or other distilling apparatus, for any offense involving their forfeiture,
where it is impracticable to remove such distilling apparatus to a place of safe
storage from the place where seized, the seizing officer may destroy such
apparatus only as necessary to prevent use of all or any part thereof for the
purpose of distilling. The destruction shall be in the presence of at least one
credible witness, and such witness shall join the officer in a sworn report of
the seizure and destruction, to be made to the Board. The report shall set forth
the grounds of the claim of forfeiture, the reasons for seizure and destruction,
an estimate of the fair cash value of the apparatus destroyed, and the materials
remaining after such destruction. The report shall include a statement that,
from facts within their own knowledge, the seizing officer and witness have no
doubt whatever that the distilling apparatus was set up for use, or had been
used in the unlawful distillation of spirits, and that it was impracticable to
remove such apparatus to a place of safe storage.
			In case of seizure of any quantity of mash, or of alcoholic beverages on
which the tax imposed by the laws of the United States has not been paid, for
any offense involving forfeiture of the same, the seizing officer may destroy
them to prevent the use of all or any part thereof for the purpose of unlawful
distillation of spirits or any other violation of this subtitle. The destruction
shall be in the presence of at least one credible witness, and such witness
shall join the officer in a sworn report of the seizure and destruction, to be
made to the Board. The report shall set forth the grounds of the claim of
forfeiture, the reasons for seizure and destruction, and a statement that, from
facts within their own knowledge, the seizing officer and witness have no doubt
whatever that the mash was intended for use in the unlawful distillation of
spirits, or that the alcoholic beverages were intended for use in violation of
this subtitle.

C. Hearing and determination. &#8212; Upon the return of the warrant as provided
in this section, the court shall fix a time not less than ten days, unless
waived by the accused in writing, and not more than thirty days thereafter, for
the hearing on such return to determine whether or not the articles seized, or
any part thereof, were used or in any manner kept, stored or possessed in
violation of this subtitle.
			At such hearing if no claimant appears, the court shall declare the articles
seized forfeited to the Commonwealth and, if such articles are not necessary as
evidence in any pending prosecution, shall turn them over to the Board. Any
person claiming an interest in any of the articles seized may appear at the
hearing and file a written claim setting forth particularly the character and
extent of his interest. The court shall certify the warrant and the articles
seized along with any claim filed to the circuit court to hear and determine the
validity of such claim.
			If the evidence warrants, the court shall enter a judgment of forfeiture and
order the articles seized to be turned over to the Board. Action under this
section and the forfeiture of any articles hereunder shall not be a bar to any
prosecution under any other provision of this subtitle.

D. Disposition of forfeited beverages and other articles. &#8212; Any articles
forfeited to the Commonwealth and turned over to the Board in accordance with
this section shall be destroyed or sold by the Board as it deems proper. The net
proceeds from such sales shall be paid into the Literary Fund. If the Board
believes that any alcoholic beverages forfeited to the Commonwealth and turned
over to the Board in accordance with this section cannot be sold and should not
be destroyed, it may give such alcoholic beverages for medicinal purposes to any
institution in the Commonwealth regularly conducted as a hospital, nursing home
or sanatorium for the care of persons in ill health, or as a home devoted
exclusively to the care of aged people, to supply the needs of such institution
for alcoholic beverages for such purposes, provided that (i) the State Health
Commissioner has issued a certificate stating that such institution has need for
such alcoholic beverages and (ii) preference is accorded by the Board to
institutions supported either in whole or in part by public funds. A record
shall be made showing the amount issued in each case, to whom issued and the
date when issued, and shall be kept in the offices of the State Health
Commissioner and the Board. No charge shall be made to any patient for the
alcoholic beverages supplied to him where they have been received from the Board
pursuant to this section. Such alcoholic beverages shall be administered only
upon approval of the patient&#8217;s physician.
			If the Board believes that any foodstuffs forfeited to the Commonwealth and
turned over to the Board in accordance with this section are usable, should not
be destroyed and cannot be sold or whose sale would be impractical, it may give
such foodstuffs to any institution in the Commonwealth and shall prefer a gift
to the local jail or other local correctional facility in the jurisdiction where
seizure took place. A record shall be made showing the nature of the foodstuffs
and amount given, to whom given and the date when given, and shall be kept in
the offices of the Board.

HISTORY: Code 1950, § 4-55; 1954, c. 484; 1958, c. 194; 1976, c. 37; 1993, c.
866; 1995, c. 196.