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WV HB4908

Bill

Official Source

Status

Introduced

1/29/2026

Primary Sponsor

Chris Anders

Click for details

Origin

House of Delegates

2026 Regular Session

AI Summary

  • Requires a criminal conviction before any property can be forfeited, eliminating civil asset forfeiture in West Virginia
  • Mandates that forfeiture proceedings be conducted as part of criminal prosecutions rather than separate civil actions, with cases heard by a judge without a jury
  • Prohibits seizure of real property without a court order and requires notice and a hearing for property owners before real property can be seized or restrained
  • Protects "innocent owners" who lack actual knowledge of criminal use of their property from forfeiture, and requires return of seized property if the defendant is not convicted
  • Limits cooperation with federal agencies on forfeitures and requires that forfeiture proceeds be deposited into the state's general fund rather than retained by 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

1/29/2026

Committee Referrals

Judiciary1/29/2026

Full Bill Text

No bill text available