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Committee approves seizure tool for suspected financial exploitation of vulnerable adults; banks and AARP back bill, lawmakers debate 'shall' vs. 'may'

January 13, 2025 | 2025 Legislature VA, Virginia


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Committee approves seizure tool for suspected financial exploitation of vulnerable adults; banks and AARP back bill, lawmakers debate 'shall' vs. 'may'
The Senate Courts of Justice Committee voted 13–0 to report Senate Bill 825 after adopting amendments that broaden the statute to cover any crime involving a vulnerable adult and generated debate over whether law enforcement would be required or permitted to seek seizure warrants.

Sponsor testimony described the measure as patterned on existing civil forfeiture/seizure mechanisms but targeted to financial exploitation of vulnerable adults so law enforcement can preserve assets for evidence and eventual return to victims. “Every year, older adults lose millions of dollars to financial predation,” Jim Dow, state director for AARP Virginia, told the committee in support of the bill. Bank trade groups and community banks also testified in favor, saying the measure builds on tools banks already use to flag suspected exploitation.

Several members questioned whether the bill’s language should use the permissive verb “may” or the mandatory “shall.” Detective Tiffany Parsons (Arlington County Police) testified that law enforcement would be satisfied with “may,” saying it would give investigators sufficient authority; other members argued that “shall” would ensure consistent action across jurisdictions. The committee ultimately adopted an amendment broadening the covered offenses to “any crime involving a vulnerable adult” and left the seizure provision mandatory in the version the committee reported.

Supporters described the bill as a victim‑protection measure that creates a judiciary‑supervised seizure mechanism to preserve assets as evidence and to enable restoration to victims at the conclusion of a prosecution. Detractors raised concerns about overlap with existing search and seizure authorities and argued the provision’s scope and the directive language deserved careful drafting.

After amendments, the committee reported the bill; the roll call was recorded as Ayes 13, Nays 0.

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Scribe from Workplace AI
Scribe from Workplace AI