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WV HB2772
Bill
Status
2/21/2025
Primary Sponsor
Mike Pushkin
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AI Summary
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Establishes criminal forfeiture requiring a felony conviction before property can be forfeited, replacing the previous civil forfeiture process for cases where seized property and currency total less than $100,000
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Exempts from forfeiture a defendant's primary dwelling, motor vehicles valued under $5,000, and U.S. currency of $500 or less
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Protects innocent owners and holders of bona fide security interests from having their property forfeited, placing the burden on the state to prove by preponderance of evidence that they had actual or constructive knowledge of the underlying crime
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Requires all forfeited property and proceeds to be delivered to the State Treasurer for public auction, with remaining funds deposited into the General Fund rather than retained by law-enforcement agencies
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Prohibits transfer of seized property to federal authorities unless the value exceeds $50,000 or the property is only forfeitable under federal law, and mandates annual reporting by law-enforcement agencies on all seizures and forfeitures
Legislative Description
Relating generally to forfeiture of contraband
Crime
Last Action
To House Judiciary
2/21/2025