The proposed bill establishes the Criminal Forfeiture Process Act in West Virginia, replacing the existing West Virginia Contraband Forfeiture Act. It creates a detailed framework for the seizure and forfeiture of property linked to felony violations 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 handling of seized property, ensuring due process rights for property owners, and prohibiting coercion in waiving rights to seized property.

Additionally, the bill introduces several amendments to enhance the fairness and transparency of the forfeiture process. It mandates prompt post-seizure hearings for individuals with an interest in the property, stipulates that contraband will not be returned, and allows for the forfeiture of substitute property under certain conditions. The bill also clarifies the appeals process, details the distribution of proceeds from forfeited property, and prohibits law enforcement from selling forfeited property to their employees or relatives. New provisions include the State Auditor's authority to charge fees for recouping costs associated with asset seizures and the requirement for public reporting on these activities, ensuring accountability and transparency in the forfeiture process.

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