Bill > HB2673

This bill establishes comprehensive reforms to civil asset forfeiture in West Virginia, fundamentally changing how property can be seized and forfeited. The key provisions include eliminating civil asset forfeiture, requiring a criminal conviction before property can be forfeited, and creating detailed procedural protections for property owners. Specifically, the bill requires that property forfeiture can only occur after a criminal conviction, with the state needing to prove by a preponderance of evidence that the property was used in or derived from a crime. The legislation provides robust protections for innocent owners and secured interest holders, mandating that their property cannot be forfeited. The bill also establishes detailed procedures for seizure, including requirements for prompt post-seizure hearings, notice to property owners, and proportionality reviews to prevent excessive seizures. Additionally, the legislation restricts law enforcement's ability to transfer seized property to federal agencies and limits how forfeiture proceeds can be used, prioritizing victim restitution and education funding over law enforcement budgets. The bill aims to prevent potential abuses of asset forfeiture by ensuring due process, protecting property rights, and requiring a high standard of proof before property can be permanently taken from an individual.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2673&year=2025&sessiontype=RS&btype=bill