WV SB591

Replaces civil asset forfeiture with criminal forfeiture, requiring a felony conviction under the Uniform Controlled Substances Act before property can be permanently seized by the state

Establishes protections for innocent owners and secured interest holders, allowing them to file claims to recover property without paying filing fees, with the state bearing the burden of proof

Prohibits law enforcement from requesting property waivers from individuals (only prosecuting attorneys may do so) and bars conditioning plea negotiations on property forfeiture

Limits federal adoption of seized property, prohibiting state/local agencies from transferring seizures to federal agencies unless the currency exceeds $20,000

Requires all law enforcement agencies to report seizures and forfeitures to the State Auditor, who must maintain a public searchable website and submit annual reports to legislative leadership beginning January 1, 2026