VA HB 688

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Description

Seizure, forfeiture, and destruction of property used in connection with the exploitation and solicitation of children. Provides that all audio and visual equipment, electronic equipment, devices, and other personal property used in connection with the possession, production, distribution, publication, sale, possession with intent to distribute, or making of child pornography, or in connection with the solicitation of a person less than 18 years of age, in violation of current law, shall be subject to lawful seizure by a law-enforcement officer and forfeited to the Commonwealth by order of the court trying the case. The bill also (i) requires the court to order the destruction of all such equipment, devices, and other personal property, (ii) requires certain information to be provided by the law-enforcement agency responsible for the destruction, (iii) prohibits destruction of such items to be used in a criminal prosecution until all rights of appeal have been exhausted, and (iv) requires the law-enforcement agency to provide notice, by first-class mail, to the accused or other interested party, if known, and his attorney at least seven days prior to the destruction of the time and place the destruction will occur.