Proposals delayed, but on the way

Virginia's expanding efforts to seize the ill-gotten gains of criminals is causing a technical problem for lawyers, judges and police officers.

There's no easy way to find all of Virginia's laws regulating the forfeiture of criminal assets. They've been scattered throughout the massive state code as legislators have turned to seizure as a way to combat drug dealers, gambling enterprises, terrorists and gangs.

Bob McDonnell heard lots of complaints about this when he was attorney general from 2006 to 2009. When he ran for governor in 2009, he promised a solution.

"Asset forfeiture laws are scattered in a confusing network throughout the code of Virginia,” McDonnell"s campaign said in a policy paper on public safety released that August. "Law enforcement and prosecutors are discouraged by the system.

"To be more effective, these laws must be clarified and streamlined. To properly address this task, McDonnell will direct the secretary of public safety to consult with experts and stakeholders and recommend amendments to Virginia"s laws for the 2011 session of the General Assembly.”

But this year's General Assembly session ended on February 27 and McDonnell did not  address the issue. What happened?

Tucker Martin, McDonnell's chief of communications, said the governor decided to focus on other priorities. He noted McDonnell won legislative approval this year to borrow money for transportation and to significantly increase the number of degrees awarded by Virginia colleges over the next 15 years.

Martin said the administration "will move forward” on forfeiture laws during next year's General Assembly session, scheduled to start Jan. 11. "A successful administration is one that adjusts legislative policy schedules appropriately to ensure the greatest likelihood of success,” he told us in an email. "That is what we have done with our asset forfeiture proposals.”

Secretary of Public Safety Marla Graff Decker said the governor is not trying to broaden or restrict forfeiture laws, but merely wants to organize them and make sure they are consistent. She said her office has worked on the task since the start of McDonnell's administration in January 2010.
 
"This is not a sexy issue, but it's important and involved,” she said.

Although McDonnell has pushed his self-imposed deadline back a year, he still says he'll deliver. We rate this promise In the Works.