HB 4049
Relating to the creation of the Criminal Forfeiture Process Act replacing the West Virginia Contraband Forfeiture Act
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill replaces West Virginia’s Contraband Forfeiture Act with the Criminal Forfeiture Process Act. It establishes a new framework for seizing and forfeiting property used in or derived from crimes, particularly drug offenses. The bill aims to deter crime, confiscate illicit assets, and ensure due process for property owners by prohibiting civil forfeiture and requiring court jurisdiction over forfeiture proceedings. It also emphasizes the importance of returning property to rightful owners and preventing the transfer of seized property to federal agencies for forfeiture.
Key provisions
- Creates the Criminal Forfeiture Process Act to replace the existing Contraband Forfeiture Act.
- Defines key terms such as contraband, instrumentality, and innocent owner.
- Prohibits civil forfeiture and mandates court jurisdiction for forfeiture proceedings.
- Establishes procedures for seizing property, including without process in certain circumstances.
- Requires the return of property to rightful owners, including stolen property and contraband.
- Outlines restrictions on sales of seized property and prohibits transferring it to federal agencies for forfeiture.
- Establishes guidelines for accounting and internal controls related to seized assets.
- Requires reporting of seized and forfeited property to the State Auditor.
Who is affected
- Law enforcement agencies
- Criminal defendants
- Property owners
- Drug offenders
- The general public
Notable changes
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