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WV HB5261
Bill
Status
Introduced
2/5/2026
Primary Sponsor
Mike Pushkin
Click for details
AI Summary
- Establishes criminal forfeiture requiring a felony conviction before property can be forfeited, replacing the previous civil forfeiture process that did not require criminal conviction
- Exempts personal dwellings, motor vehicles valued under $5,000, and cash totaling $500 or less from forfeiture
- Requires the state to prove property is forfeitable by clear and convincing evidence, and protects innocent owners whose property cannot be forfeited if they lacked actual or constructive knowledge of the underlying crime
- Mandates forfeiture proceeds be deposited into the State's General Fund rather than retained by law enforcement agencies, and prohibits agencies from retaining forfeited property for their own use
- Allows defendants to challenge seizures through pretrial replevin hearings and petition the court to determine if forfeiture is unconstitutionally excessive under proportionality review
Legislative Description
Relating generally to forfeiture of contraband
Crime
Last Action
To House Judiciary
2/5/2026
Committee Referrals
Judiciary2/5/2026
Full Bill Text
No bill text available