This bill proposes comprehensive amendments to the West Virginia Contraband Forfeiture Act, aiming to clarify and streamline the forfeiture process for contraband. It introduces a new section, 60A-7-702a, which defines key terms such as "contraband," "forfeiture charge," and "instrumentality." The legislation establishes a criminal forfeiture process, detailing the items subject to forfeiture and the procedures for seizure and disposition of forfeited property. Notably, it allows for the waiver of a conviction requirement in certain cases and protects innocent owners from losing property without due cause. Additionally, new sections 60A-7-703a and 60A-7-703b clarify that no property right exists in contraband and exempt certain properties, like personal dwellings or motor vehicles valued under $5,000, from forfeiture.

The bill also enhances the procedures for notices to claimants and mandates pretrial hearings to validate seizures. It requires detailed notices that include the specifics of the seizure and establishes that property encumbered by a bona fide security interest is not subject to forfeiture unless the claimant had knowledge of the crime. The state must prove by a preponderance of the evidence that property is subject to forfeiture, and guidelines for the disposition of forfeited property are provided. Furthermore, the bill prohibits law enforcement from retaining forfeited property for personal use and mandates annual reporting on seizures. It also outlines the responsibilities of law enforcement regarding the return of property to owners and restricts the transfer of forfeited property to federal authorities, ensuring a uniform approach across the state while repealing several existing sections of law that are now superseded.

Statutes affected:
Introduced Version: 60A-7-702a, 60A-7-703, 60A-7-703a, 60A-7-703b, 60A-7-705, 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