The bill seeks to amend the West Virginia Code regarding asset forfeiture by eliminating civil asset forfeiture and establishing new procedures for criminal asset forfeiture. It introduces definitions for key terms such as "contraband," "innocent owner," and "proceeds," while emphasizing the protection of due process rights for property owners. Under the new provisions, forfeiture proceedings must be part of the prosecution of the related crime, requiring a conviction before any forfeiture can occur. The bill also outlines specific procedures for property seizure, including the necessity of a court order for real property seizures, proper notice to interested parties, and the establishment of post-seizure hearings to ensure transparency and fairness.

Additionally, the bill mandates that law enforcement provide itemized receipts for seized property and outlines the responsibilities of seizing agencies regarding the storage and maintenance of such property. It emphasizes the rights of innocent owners, ensuring their property cannot be forfeited if they can prove their innocence, and includes provisions for proportionality hearings to assess the fairness of forfeiture actions. The legislation also prohibits law enforcement from selling forfeited property to their employees or relatives and preempts local laws on forfeiture to ensure uniformity across the state. Overall, the bill aims to enhance accountability, protect individual rights, and ensure proper procedures are followed in the forfeiture process.

Statutes affected:
Introduced Version: 60A-7-701, 60A-7-702, 60A-7-703, 60A-7-704, 60A-7-705, 60A-7-706, 60A-7-707, 60A-7-708, 60A-7-709, 60A-7-710, 60A-7-711, 60A-7-712, 60A-7-713, 60A-7-714, 60A-7-715, 60A-7-716, 60A-7-717, 60A-7-718, 60A-7-719, 60A-7-720, 60A-7-721, 60A-7-722, 60A-7-723, 60A-7-724, 60A-7-725, 60A-7-726, 60A-7-727, 60A-7-728, 60A-7-729, 60A-7-730, 60A-7-731, 60A-7-732, 60A-7-733, 60A-7-705a