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 felony violations involving controlled substances, emphasizing that civil forfeiture will not occur. The bill outlines the jurisdiction of circuit courts over forfeiture proceedings, the rights of property owners, and the procedures for both personal and real property seizures. Key provisions include the requirement for notice to known owners of seized property, the prohibition of coercion in waiving property rights, and the establishment of minimum dollar amounts for seizures.

Additionally, the bill introduces several amendments to enhance protections for individuals whose property has been seized, including a prompt post-seizure hearing process and the requirement for the prosecuting authority to file a Notice of Proposed Forfeiture with specific details. It clarifies that contraband will not be returned and allows for the forfeiture of substitute property under certain conditions. The bill also mandates stringent bookkeeping procedures for law enforcement agencies, annual reporting for transparency, and the State Auditor's authority to charge fees and propose rules for legislative approval. Overall, the legislation seeks to balance effective law enforcement with the protection of due process rights for property owners.

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