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 the circuit court overseeing the related criminal case will also manage forfeiture proceedings. It outlines the rights of property owners, including the requirement for notice to known owners and the prohibition of waivers of rights under coercive circumstances, while mandating reasonable searches by the prosecuting authority to identify interested parties.

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 stipulation that contraband will not be returned. It allows for the forfeiture of substitute property under specific conditions and clarifies that the prosecuting authority cannot seek personal money judgments related to forfeiture. The bill also emphasizes the distribution of proceeds from forfeited property, ensuring funds are allocated for victim restitution and law enforcement costs, while enhancing transparency and accountability in the forfeiture process. Key insertions include the State Auditor's authority to charge fees for recouping costs associated with asset seizures and the requirement for public reporting on these activities.

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