The proposed bill aims to establish the Criminal Forfeiture Process Act in West Virginia, replacing the existing West Virginia Contraband Forfeiture Act. This new legislation will govern the seizure and forfeiture of property related to crimes involving controlled substances, emphasizing the importance of due process and the rights of innocent owners. Key provisions include the prohibition of civil forfeiture, the requirement for circuit courts to oversee forfeiture proceedings alongside criminal cases, and the establishment of guidelines for the handling of seized property. The bill also introduces various definitions relevant to the forfeiture process and outlines the responsibilities of law enforcement agencies.

Additionally, the bill includes significant amendments to existing laws, such as the stipulation that contraband will not be returned and the requirement for prompt post-seizure hearings for individuals claiming ownership of seized property. It mandates that if a court finds a seizure unconstitutional or that the claimant is an innocent owner, the property must be returned within five days. The legislation also details the appeals process, the distribution of proceeds from forfeited property, and the establishment of stringent bookkeeping procedures for law enforcement. Notably, the bill grants the State Auditor authority to charge fees for recouping costs associated with forfeiture activities and requires annual reporting to ensure transparency.

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