SB 591
Creating Criminal Forfeiture Process Act to replace West Virginia Contraband Forfeiture Act
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill creates the Criminal Forfeiture Process Act to replace West Virginia’s Contraband Forfeiture Act. It aims to establish a new framework for seizing and forfeiting property linked to crimes, particularly drug offenses. The act prohibits civil forfeiture, mandates court jurisdiction over forfeiture proceedings, and emphasizes that property owners don't have a right to contraband. It outlines procedures for seizure, notification, and disposition of forfeited assets, with restrictions on sales and a focus on preventing property from being transferred to federal agencies for forfeiture.
Key provisions
- Establishes the Criminal Forfeiture Process Act to replace the existing Contraband Forfeiture Act.
- Prohibits civil forfeiture, requiring criminal court jurisdiction for forfeiture proceedings.
- Defines key terms such as ‘contraband,’ ‘instrumentality,’ and ‘innocent owner.’
- Outlines procedures for seizure of property, both real and personal, including provisions for stolen property.
- Specifies that property owners have no right to contraband.
- Requires notice to known property owners before forfeiture proceedings.
- Restricts the sale of forfeited property and prohibits transferring it to federal agencies for forfeiture.
- Mandates bookkeeping and internal controls for law enforcement agencies handling forfeited assets.
Who is affected
- Law enforcement agencies
- Criminal defendants
- Property owners
- The State of West Virginia
- Federal agencies (indirectly, through restrictions)
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