WV HB4049

Replaces West Virginia's civil Contraband Forfeiture Act with a new Criminal Forfeiture Process Act requiring a criminal conviction before property can be permanently forfeited in controlled substance felony cases.

Requires the state to prove by preponderance of evidence that seized property was an instrumentality of, or proceeds derived directly from, the crime for which conviction was obtained.

Prohibits law enforcement officers (other than prosecutors) from requesting or inducing property owners to waive their rights to seized property, making such waivers void and inadmissible.

Protects innocent owners and secured interest holders by requiring prosecutors to prove their claims are invalid before forfeiture, with no filing fee for innocent owner motions.

Bans state and local agencies from transferring seized property to federal agencies for forfeiture under federal law to circumvent state protections.