The proposed bill aims to establish the Criminal Forfeiture Process Act in West Virginia, replacing the existing West Virginia Contraband Forfeiture Act. It introduces a detailed framework for the seizure and forfeiture of property linked to crimes involving controlled substances, defining key terms such as "contraband," "innocent owner," and "instrumentality." The bill emphasizes that there will be no civil forfeiture, with the circuit court overseeing both criminal and forfeiture proceedings. It also outlines the responsibilities of law enforcement regarding the storage of seized property, the issuance of receipts, and the notification of property owners, while ensuring that due process rights are protected throughout the forfeiture process.

Additionally, the bill includes several amendments that enhance the rights of property owners and clarify the forfeiture process. It mandates a prompt post-seizure hearing for individuals with an interest in the property, allowing them to petition the court within 14 days of seizure. The bill stipulates that contraband will not be returned and outlines the conditions under which substitute property may be forfeited. It also establishes the State Auditor's authority to oversee the reporting and accountability of forfeited property, including the requirement for public access to aggregate information on forfeitures. Overall, the legislation seeks to ensure fair and transparent forfeiture actions while maintaining the state's ability to address criminal activity effectively.

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