CHAPTER 574

An Act to amend and reenact § 6.1-888 of the Code of Virginia, relating
to denying access to safe-deposit boxes under certain circumstances.

[H 145]
Approved April 4, 1968

Be it enacted by the General Assembly of Virginia:
an That § 6.1-338 of the Code of Virginia be amended and reenacted as

ollows:

§ 6.1-333. In any case where a company, bank, trust company, or
other corporation, hereinafter called ‘‘bank’”’, having for rent safe-deposit
boxes is served with notice of lien of fieri facias or other process under
§§ 8-406, 8-411, 8-412, 8-431 to 8-433 or 58-1010, or a notice of levy for
federal taxes, or &@ summons in garnishment or attachment in which a
renter or lessee, hereinafter called “lessee” of a safe-deposit box is named
defendant or judgment debtor or taxpayer, hereinafter called “defendant”,
it shall be the duty of such * bank * to deny such * lessee access to the
safe-deposit box * leased in the name of the defendant * unless otherwise
directed by a court of competent jurisdiction or by the judgment creditor, *
or the plaintiff or the District Director of Internal Revenue or the appro-
priate state tax official, hereinafter called the “judgment creditor’.
If the notice of lien or other process or notice of levy or summons
in garnishment or attachment names less than all of the co-lessees of a
safe-deposit box, the bank, where the rental contract or lease so provides,
may deny access to all co-lessees, unless otherwise directed by a court
of competent jurisdiction or the judgment creditor; however, the bank
may allow access to such co-lessee and in so doing must comply with the
requirements of this section in the same manner and in all respects as
if no such rental contract or lease provision existed.

Where the rental contract or lease does not provide for denial of
access to co-lessees not named in the said notice of lien or other process
or notice of levy or summons in garnishment or attachment as set forth
in the foregoing paragraph, the bank shall not deny access to any such
co-lessee not so named who shall sign the hereinafter required acknowledg-
ment.

Notice of any lien or other process or notice of levy or summons in
garnishment or attachment shall be given by the bank and a written and
signed acknowledgment received from each co-lessee not named in satd
notice of lien or other process or notice of levy or summons in garnish-
ment or attachment prior to such co-lessee’s said entry into said safe-
deposit box. If thereafter any co-lessee shall knowingly remove from any
such safe-deposit box any property subject to said lien or other process or
notice of levy or summons in garnishment or attachment, he shall be
deemed guilty of larceny; and the notice given to such co-lessee by the
bank shall so inform said co-lessee.