Bill > HB4049

This bill establishes the Criminal Forfeiture Process Act, replacing the West Virginia Contraband Forfeiture Act, and outlines detailed procedures for the seizure and forfeiture of property connected to felony crimes. It defines key terms such as "contraband" (unlawful goods like drugs without a prescription), "conveyance" (vehicles and other transport devices), and "innocent owner" (someone with no knowledge of the property's criminal use). The act specifies that forfeiture actions are punitive and subject to constitutional protections against excessive fines, and importantly, it prohibits civil forfeiture, meaning forfeiture can only occur in conjunction with a criminal case. The bill details how property, including real estate, can be seized with or without a warrant, outlines notice requirements for individuals with an interest in the property, and establishes procedures for prompt post-seizure hearings. It also includes provisions for innocent owners and secured interest holders to reclaim their property, requires a conviction for forfeiture unless specific exceptions apply, and mandates proportionality reviews to ensure forfeitures are not unconstitutionally excessive. Finally, the act addresses the disposition of forfeited property and proceeds, including requirements for reporting and auditing by law enforcement agencies to ensure transparency.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4049&year=2026&sessiontype=RS&btype=bill