Bill > HB4908

This bill fundamentally reforms West Virginia's laws regarding asset forfeiture, which is the legal process where law enforcement can seize property suspected of being involved in criminal activity, even without a criminal conviction. The bill's primary aim is to eliminate "civil asset forfeiture," a practice where property can be seized and forfeited without the owner being convicted of a crime. Instead, this bill mandates that a guilty verdict must be obtained before any property can be taken from an individual. It introduces detailed definitions for terms like "contraband" (illegal items), "conveyance" (vehicles), and "innocent owner" (someone unaware of the property's criminal use). The bill establishes that forfeiture proceedings must be part of the criminal prosecution and conducted by a judge, not a jury, and outlines strict procedures for seizing and handling property, including requirements for court orders for real property seizures and protections for "innocent owners" and those with valid "secured interests" (like a mortgage holder). It also introduces provisions for prompt post-seizure hearings and limits the circumstances under which property can be forfeited without a conviction, such as abandonment or the defendant absconding. Furthermore, the bill aims to prevent state and local agencies from circumventing these new protections by partnering with federal agencies for forfeiture purposes.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4908&year=2026&sessiontype=RS&btype=bill