HB 2772
Relating generally to forfeiture of contraband
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill aims to revise West Virginia’s laws regarding the forfeiture of contraband. It establishes criminal forfeiture procedures, defines key terms like ‘contraband’ and ‘instrumentality,’ and outlines how seized property should be handled. The bill includes provisions for protecting innocent owners, establishing timelines for proceedings, and permitting the transfer of forfeited property to the federal government. It also clarifies the disposition of forfeited property and proceeds, including restrictions on retaining property and sales.
Key provisions
- Establishes criminal forfeiture and defines items subject to forfeiture, including controlled substances, related equipment, and vehicles.
- Sets forth additional procedures for forfeiture, including timelines for filing petitions and conducting hearings.
- Permits a court to waive a conviction requirement for forfeiture.
- Protects innocent owners of property subject to forfeiture.
- Allows seizure of personal property with and without process.
- Specifies how forfeited property and proceeds should be disposed of, including sales restrictions and potential transfer to the federal government.
- Defines terms related to forfeiture, such as ‘contraband,’ ‘instrumentality,’ and ‘proceeds.’
- Provides for preemption of state and local laws regarding forfeiture.
Who is affected
- Law enforcement agencies
- Individuals accused of crimes
- Owners of property subject to forfeiture
- The State of West Virginia
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