WV HB2383

Eliminates civil asset forfeiture in West Virginia and requires a criminal conviction before property can be forfeited, with the forfeiture proceeding conducted by the circuit court as part of the criminal prosecution

Requires the state to prove by preponderance of evidence that property was an instrumentality of or proceeds derived directly from a felony drug offense under the Uniform Controlled Substance Act

Protects innocent owners and secured interest holders by requiring prosecutors to prove they had actual knowledge of or consented to the criminal use of property, with no filing fee for innocent owner claims

Limits federal adoption of state-seized property to cases involving currency exceeding $20,000, preventing circumvention of state forfeiture protections through federal equitable sharing programs

Mandates comprehensive reporting to the State Auditor on all seized and forfeited property, with annual reports to legislative leadership and public website disclosure of aggregate data