2006 Code of Virginia § 19.2-386.16 - Forfeiture of motor vehicles used in commission of certain crimes

19.2-386.16. Forfeiture of motor vehicles used in commission of certaincrimes.

Any vehicle knowingly used by the owner thereof or used by another with hisknowledge of and during the commission of, or in an attempt to commit, asecond or subsequent offense of 18.2-346, 18.2-347, 18.2-348, 18.2-349,18.2-355, 18.2-356 or 18.2-357 or of a similar ordinance of any county,city or town or knowingly used for the transportation of any stolen goods,chattels or other property, when the value of such stolen goods, chattels orother property is $200 or more, or any stolen property obtained as a resultof a robbery, without regard to the value of the property, shall be forfeitedto the Commonwealth. The vehicle shall be seized by any law-enforcementofficer arresting the operator of such vehicle for the criminal offense, anddelivered to the sheriff of the county or city in which the offense occurred.The officer shall take a receipt therefor.

Forfeiture of such vehicle shall be enforced as is provided in 4.1-339through 4.1-348 as to vehicles used for the transportation of illegallyacquired alcoholic beverages, and the provisions of 4.1-339 through4.1-348 shall apply, mutatis mutandis, to proceedings for the enforcement ofsuch forfeiture except that venue for the forfeiture proceeding shall be inthe county or city in which the offense occurred.

The agency seizing the motor vehicle or other conveyance shall, for suchperiod of time as the court prescribes, be permitted the use and operation ofthe motor vehicle or other conveyance, after court forfeiture, for theinvestigation of crimes against the Commonwealth by the agency seizing themotor vehicle or other conveyance. The agency using or operating each motorvehicle shall have insurance on each vehicle used or operated for liabilityand property damage.

(Code 1950, 18.1-103, 18.1-107.1; 1960, c. 358; 1966, c. 247; 1970, c.353; 1975, cc. 14, 15, 18.2-110; 1981, c. 188; 1982, c. 509; 1992, cc. 310,725; 1993, cc. 609, 866; 2004, c. 995.)