Subcommittee continues bill to let commonwealth attorneys seek return of seized property
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Summary
Supporters said HB623 would let local commonwealth attorneys petition courts to return property seized as evidence when owners lack counsel; the committee continued the bill to allow broader review of forfeiture statutes.
A Virginia House Public Safety Subcommittee on Firearms hearing on HB623 produced widespread agreement about the problem but a decision to continue the bill for broader review.
Delegate Cherry, the bill’s patron, said HB623 is a cleanup measure that would permit a local commonwealth’s attorney to petition a court to return property to a victim when that property was seized in connection with a crime. "What this bill does is allows a Commonwealth attorney who already has possession of it to be a petitioner of the court to return that property to the rightful owner," Cherry told the subcommittee.
Greg Collins, commonwealth’s attorney for the City of Colonial Heights, said courts have read the present statutory language to require the owner to be the petitioner and have refused petitions filed by his office. "I can't give notice to myself, and so the court has consistently ruled against us in trying to return property," Collins said, describing examples in which small but important items — including a baseball bat purchased by a mother for her child — were denied return.
Supporters who testified in person and online argued the change would reduce hurdles for victims who cannot afford private counsel. Patricia Webb of Hanover County told the committee, "If something is stolen from you, just because it was used in a crime doesn't mean that it's not still yours. You shouldn't suffer that loss."
Committee members welcomed the aim but questioned whether piecemeal edits to one forfeiture statute would create inconsistencies across multiple statutes. Delegate Helmer moved to continue the bill so lawmakers could consider a holistic approach to forfeiture statutes that would apply uniformly across property types. The motion to continue to 2027 carried by voice vote.
Next steps: HB623 was continued for further drafting and a more comprehensive review of forfeiture statutes across the Commonwealth. The sponsor and counsel said staff will coordinate with the Division of Legislative Services to draft any broader changes.