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 there will be no civil forfeiture, and all forfeiture proceedings will occur alongside related criminal cases to protect due process rights. It also outlines specific procedures for property seizure, including the requirement for court orders for real property and the necessity of notifying known owners. The legislation seeks to deter crime while ensuring fairness for innocent owners and secured interest holders.

Additionally, the bill includes several amendments to existing laws regarding property forfeiture, such as the establishment of a prompt post-seizure hearing for individuals with an interest in the property and the requirement for the prosecuting authority to file a Notice of Proposed Forfeiture. It specifies conditions under which property may be forfeited, including the necessity of a conviction for a related crime, while also protecting the rights of innocent owners. The bill mandates that any forfeited property must be accounted for and reported to the State Auditor, who will maintain a public website with aggregate information on forfeitures. Furthermore, it preempts local laws regulating forfeiture and imposes limitations on federal adoption of seized property, particularly concerning currency amounts.

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