The proposed bill aims to establish the Criminal Forfeiture Process Act in West Virginia, replacing the existing West Virginia Contraband Forfeiture Act. It introduces a detailed framework for the seizure and forfeiture of property linked to felony violations involving controlled substances, defining key terms such as "contraband," "innocent owner," and "instrumentality." The bill emphasizes that civil forfeiture will not occur, and all forfeiture proceedings will be conducted alongside related criminal cases to protect due process rights. It outlines specific procedures for property seizure, including the requirement for court orders and notice to known owners, while prohibiting the state from transferring seized property to federal agencies for forfeiture.

Additionally, the bill includes several amendments to enhance the rights of property owners during forfeiture proceedings. It mandates a prompt post-seizure hearing for individuals with an interest in the property, allowing them to petition the circuit court within 14 days of seizure. The bill clarifies that contraband will not be returned and establishes conditions for the return of property, while also detailing the appeals process for involved parties. Furthermore, it introduces provisions for the distribution of proceeds from forfeited property, emphasizing victim restitution and law enforcement costs, and mandates strict bookkeeping procedures for managing seized assets. Overall, the legislation seeks to improve transparency and accountability in the forfeiture process while safeguarding the rights of innocent owners.

Statutes affected:
Introduced Version: 62-17-1, 62-17-2, 62-17-3, 62-17-4, 62-17-5, 62-17-6, 62-17-7, 62-17-8, 62-17-9, 62-17-10, 62-17-11, 62-17-12, 62-17-13, 62-17-14, 62-17-15, 62-17-16, 62-17-17, 62-17-18, 62-17-19, 62-17-20, 62-17-21, 62-17-22, 62-17-23, 62-17-24, 62-17-25, 62-17-26, 62-17-27, 62-17-28, 62-17-29, 62-17-30, 62-17-31, 62-17-32, 62-17-33, 62-17-34, 62-17-35, 62-17-36, 62-17-37, 62-17-38, 60A-7-701, 60A-7-702, 60A-7-703, 60A-7-704, 60A-7-705, 60A-7-705a, 60A-7-706, 60A-7-707, 60A-7-708