HB 4908
To require a guilty verdict, before any property of any type are taken from an individual
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill requires a guilty verdict before any property of any type can be seized by law enforcement. It establishes procedures for seizing, storing, and disposing of contraband and stolen property, including requirements for notice to property owners and court hearings. The bill also outlines rules for forfeiting moneys, securities, and other negotiable instruments, and addresses issues like waivers of property rights, representation by public defenders, and the disposition of forfeited property, aiming to prevent civil forfeiture and limit cooperation with federal agencies.
Key provisions
- Requires a guilty verdict before property seizure.
- Establishes procedures for seizing, storing, and disposing of contraband and stolen property.
- Mandates notice to property owners before seizure.
- Permits waivers of property rights, prohibiting conditions on plea negotiations.
- Outlines rules for forfeiting moneys, securities, and other negotiable instruments.
- Addresses issues of title, counsel, and representation in forfeiture proceedings.
- Limits cooperation with federal agencies.
- Prohibits the forfeiture of property owned by an innocent owner.
Who is affected
- Law enforcement agencies
- Property owners
- Defendants in criminal cases
- Public defenders
- The State of West Virginia
Notable changes
- Prohibits civil asset forfeiture.
- Requires a guilty verdict before property seizure, a significant change from existing forfeiture practices.
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