The Virginia Senate passed Senate Bill 825 on Jan. 17, 2025, unanimously, 40-0, after agreeing to a floor substitute that changes who may petition a court to seize property suspected to be tied to financial exploitation of vulnerable adults.

The bill’s floor substitute allows law enforcement, Commonwealth’s attorneys or third parties with probable cause to petition a judge or court — rather than a magistrate — for a seizure warrant that can specify how much property or funds should be seized and when. The substitute also gives the court authority to order return of funds and requires that a person whose property is seized be notified in writing.

Senator Barbara Favola, the senator from Arlington and lead mover of the measure, described the substitute on the floor as expanding who may seek a seizure warrant and moving the initial judicial review from a magistrate to a judge. “It would allow anybody to actually petition a court or a judge if they have probable cause to believe that there was some financial fraud or financial abuse of a vulnerable adult,” Favola said. She added that the court can “decide exactly how much of that money should be returned” and that the person whose property is seized would be notified.

The floor substitute grew out of committee and floor deliberations that raised questions about who may petition for seizure and the level of judicial review. The amendment specifies that a court — not a magistrate — reviews seizure requests and clarifies that the court will address how seized funds are handled, including return to victims where appropriate.

Procedural steps on the floor included a motion to reconsider the bill’s prior engrossment and the committee substitute, a motion rejecting the committee substitute, adoption of the floor substitute, engrossment and advancement to third reading, suspension of the rules to dispense with the third constitutional reading, and a final passage vote. The clerk announced the final tally as “Ayes 40, Noes 0.”

The bill’s sponsor and supporters framed the measure as a tool to protect older Virginians and other vulnerable adults from financial exploitation and fraud, giving courts clearer authority to preserve assets while allegations are investigated. The bill’s final text requires petitioners to articulate probable cause and notifies the alleged property holder in writing of seizures and any return process.

Senate Bill 825 now moves to the next stage of the legislative process following the Senate’s passage.