The bill seeks to reform asset forfeiture laws in West Virginia by eliminating civil asset forfeiture and establishing new definitions and procedures for criminal asset forfeiture. It introduces definitions for terms such as "contraband," "innocent owner," and "proceeds," while explicitly prohibiting civil forfeiture. The legislation emphasizes the protection of property owners' due process rights, requiring a conviction before property can be forfeited. Key provisions include the requirement for prosecuting authorities to provide notice of intent to seize property, the right to public defender representation, and guidelines for the disposition of seized property. Additionally, it mandates prompt post-seizure hearings and allows for appeals of seizure and forfeiture orders.

The bill also outlines specific procedures for the seizure and restraint of real property, requiring court orders and proper notice to interested parties. It clarifies that there is no property right in stolen property or contraband, which are subject to seizure, and establishes responsibilities for the seizing agency regarding the storage and maintenance of seized property. Furthermore, it prohibits law enforcement from selling forfeited property to their employees or relatives and ensures that proceeds from forfeiture violations are directed to the state's general fund. Overall, the legislation aims to enhance transparency, accountability, and the protection of individual rights within the asset forfeiture process in West Virginia.

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