West Virginia 2023 Regular Session

West Virginia House Bill HB2573

Introduced
1/16/23  

Caption

To create the Criminal Forfeiture Act

Impact

The bill's implementation will significantly change existing state laws governing property forfeiture. Previously, the Contraband Forfeiture Act allowed for civil forfeitures, which many critics accused of unfairly targeting individuals who may not be directly involved in criminal activities. HB2573 aims to address these concerns by specifying that property is only subject to forfeiture following a criminal conviction, thus emphasizing fairness in the legal process. Furthermore, it introduces definitions for terms such as 'innocent owner' and outlines the rights of individuals with a claimed interest in seized property, thereby enhancing protections for property rights.

Summary

House Bill 2573 seeks to enact the Criminal Forfeiture Process Act, which replaces the existing West Virginia Contraband Forfeiture Act. The new legislation is designed to regulate the seizure and forfeiture of property related to crimes involving controlled substances. Notably, it stipulates that there will be no civil forfeitures permitted under this law, thereby focusing on criminal forfeitures within the justice system. The bill aims to protect due process rights and establish clearer procedures for how property can be confiscated and returned when not needed as evidence.

Sentiment

The sentiment surrounding HB2573 appears to be mixed, with varying opinions expressed by lawmakers and advocacy groups. Supporters highlight the effort to provide more stringent protections against overreach by law enforcement and to ensure accountability in the forfeiture process. Conversely, critics might argue that this move could limit local jurisdictions' abilities to manage forfeitures that are necessary for controlling crime in their neighborhoods. The conversations around this bill reflect broader concerns regarding the balance between law enforcement needs and individuals' rights.

Contention

One significant point of contention is the preemption of local forfeiture laws that HB2573 introduces. By centralizing forfeiture authority at the state level, local governments may lose the flexibility to enact laws that address specific community needs. This centralization could also lead to debates about the adequacy of state measures in managing property seizures that local communities might feel necessitate different approaches based on their unique challenges.

Companion Bills

No companion bills found.

Previously Filed As

WV HB4288

To create the Criminal Forfeiture Act

WV HB4359

Creating the Criminal Forfeiture Process Act, replacing the West Virginia Contraband Forfeiture Act

WV SB591

Creating Criminal Forfeiture Process Act to replace West Virginia Contraband Forfeiture Act

WV HB2383

Relating to the creation of the Criminal Forfeiture Process Act replacing the West Virginia Contraband Forfeiture Act

WV HB4584

Relating to the criminal forfeiture process act

WV HB2547

Relating to the criminal forfeiture process act

WV HB1067

Criminal Asset Forfeiture Act

WV HF4673

Criminal forfeiture process provided.

WV SF4625

Criminal forfeiture process provision

WV HB2585

Relating generally to forfeiture of contraband

Similar Bills

WV HB4359

Creating the Criminal Forfeiture Process Act, replacing the West Virginia Contraband Forfeiture Act

WV HB3234

Ban civil asset forfeiture unless person convicted

WV HB4288

To create the Criminal Forfeiture Act

WV HB4584

Relating to the criminal forfeiture process act

WV HB2547

Relating to the criminal forfeiture process act

WV HB4565

Ban civil asset forfeiture unless person convicted

WV HB2329

Ban civil asset forfeiture unless person convicted

WV HB2673

To require a guilty verdict, before any property of any type are taken from an individual