The proposed bill aims to establish the Criminal Forfeiture Process Act in West Virginia, replacing the existing Contraband Forfeiture Act. It introduces a structured framework for the seizure and forfeiture of property linked to controlled substance crimes, emphasizing due process rights for property owners. Key provisions include the prohibition of civil forfeiture, the requirement for forfeiture proceedings to occur alongside criminal cases, and the establishment of definitions for terms such as "contraband" and "innocent owner." The bill mandates court orders for real property seizures and outlines the responsibilities of law enforcement, ensuring that known owners of seized property are notified and that waivers of rights are properly guided.

Additionally, the bill includes significant amendments to existing laws, such as the establishment of a prompt post-seizure hearing for individuals with an interest in the property, requiring the return of property if the seizure is found unconstitutional or if the owner is deemed innocent. It clarifies that contraband will not be returned and prohibits the prosecuting authority from seeking personal money judgments related to forfeiture. The bill also introduces new oversight measures, granting the State Auditor authority to charge fees for recouping costs associated with forfeiture activities and requiring annual reporting for transparency. Overall, the legislation seeks to enhance the rights of property owners while ensuring a fair and accountable forfeiture process.

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