This bill amends the West Virginia Code to enhance the procedures surrounding the forfeiture of contraband, particularly in relation to criminal forfeiture. It introduces twelve new sections that define key terms such as "contraband," "instrumentality," and "proceeds," and establishes criteria for property subject to forfeiture. Upon felony conviction, courts may order the forfeiture of proceeds from the crime, property traceable to those proceeds, and instrumentalities used in the crime, while exempting certain properties like personal dwellings and vehicles valued under $5,000. The bill also repeals existing forfeiture procedures, replacing them with clearer guidelines for seizing and forfeiting property, including a requirement for the state to file a forfeiture charge within 30 days of seizure.

Additionally, the bill enhances protections for innocent owners, allowing them to contest forfeiture claims if they can prove ownership and lack of knowledge of illegal conduct. It mandates detailed notices to claimants regarding seizures and establishes pretrial hearing rights for defendants. The legislation prohibits law enforcement from retaining forfeited property for personal use and requires annual reporting on seizures and forfeitures. It also outlines conditions for returning seized property to rightful owners and restricts the transfer of forfeitable property to federal authorities. Overall, the bill aims to streamline the forfeiture process while ensuring fairness and transparency, protecting the rights of property owners, and preempting local laws for uniformity across the state.

Statutes affected:
Introduced Version: 60A-7-703, 60A-7-705, 60A-7-702a, 60A-7-703a, 60A-7-703b, 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-7-704, 60A-7-705a, 60A-7-706, 60A-7-707