The bill seeks to amend the West Virginia Code regarding asset forfeiture by eliminating civil asset forfeiture and establishing a framework for criminal asset forfeiture. It introduces new definitions and clarifies the legislation's purpose, which includes deterring crime, confiscating property used in law violations, and protecting property owners' due process rights. Key provisions include the requirement for prompt post-seizure hearings, the prohibition of conditioning plea negotiations on waiving property rights, and the establishment of protections for innocent owners. The bill also mandates that forfeiture proceedings be part of the prosecution of the related crime and conducted without a jury, while prohibiting joint and several liability for forfeiture awards owed by other defendants.

Additionally, the bill outlines new procedures for the seizure and restraint of real property, requiring court orders for such actions and ensuring proper notice to interested parties. It clarifies that there is no property right in stolen property or contraband, and it establishes responsibilities for the seizing agency regarding the storage and maintenance of seized property. The bill also introduces amendments to enhance transparency, such as requiring law enforcement to provide itemized receipts for seized property and ensuring that individuals with interests in the property receive notice. Overall, the legislation aims to create a more equitable and structured process for asset forfeiture in West Virginia, prioritizing the rights of individuals and ensuring compliance with due process.

Statutes affected:
Introduced Version: 60A-7-701, 60A-7-702, 60A-7-703, 60A-7-704, 60A-7-705, 60A-7-706, 60A-7-707, 60A-7-708, 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, 60A-7-718, 60A-7-719, 60A-7-720, 60A-7-721, 60A-7-722, 60A-7-723, 60A-7-724, 60A-7-725, 60A-7-726, 60A-7-727, 60A-7-728, 60A-7-729, 60A-7-730, 60A-7-731, 60A-7-732, 60A-7-733, 60A-7-705a