HB 5261
Relating generally to forfeiture of contraband
Take action
Record your position on this measure.
Sign in to record your position, submit testimony, or contact your legislator.
Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill amends West Virginia’s Code to establish and clarify procedures for the forfeiture of contraband, including controlled substances, related property, and equipment. It outlines criminal forfeiture, defines key terms, and establishes processes for seizure, handling, and disposition of forfeited items. The bill also includes provisions to protect innocent owners and addresses potential transfers to federal authorities, while aiming to prevent undue hardship and ensure fair procedures.
Key provisions
- Defines ‘contraband’ as unlawful goods, including controlled substances.
- Establishes criminal forfeiture of proceeds, directly traceable property, and instrumentality used in crimes.
- Sets forth additional procedures for forfeiture, including a 90-day filing deadline and requirements for notices.
- Protects innocent owners by preventing forfeiture based on lack of knowledge.
- Permits seizure of personal property with and without process.
- Outlines the disposition of forfeited property, including sales restrictions and potential transfer to the federal government.
- Prohibits retaining forfeited property and establishes limitations on liability.
- Defines terms related to forfeiture and establishes a process for returning property to rightful owners.
Who is affected
- Law enforcement agencies
- Individuals accused of crimes
- Property owners
- The State of West Virginia
- Federal government (potential transfer of property)
Arguments in favor
Reasons to support this legislation.
No arguments in favor have been submitted.
Submit yoursArguments opposed
Reasons to oppose this legislation.
No arguments opposed have been submitted.
Submit yours