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WV HB2673

Bill

Status

Introduced

2/20/2025

Primary Sponsor

Chris Anders

Click for details

Origin

House of Delegates

2025 Regular Session

AI Summary

  • Eliminates civil asset forfeiture in West Virginia, requiring a criminal conviction before property can be forfeited to the state
  • Requires the state to prove by a preponderance of evidence that property was an instrumentality of, or proceeds derived directly from, the crime for which conviction was obtained
  • Establishes protections for innocent owners and secured interest holders, with the burden on prosecutors to prove a claimant is not an innocent owner
  • Prohibits state and local law enforcement from transferring seized property to federal agencies for forfeiture purposes to circumvent state law
  • Mandates that net forfeiture proceeds go to the state's School Fund or general fund rather than directly to law enforcement agencies

Legislative Description

To require a guilty verdict, before any property of any type are taken from an individual

Real and Personal Property

Last Action

To House Judiciary

2/20/2025

Committee Referrals

Judiciary2/20/2025

Full Bill Text

No bill text available