SB 591 West Virginia Senate · 2025 Regular Session

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

SB 591 replaces West Virginia's West Virginia Contraband Forfeiture Act with a new "Criminal Forfeiture Process Act" specifically for property used in or derived from felony drug crimes (violations of controlled substance laws). It mandates that forfeiture proceedings occur within the criminal court handling the underlying drug case, eliminating civil forfeiture options. Key provisions define terms like "contraband" (unlawful drugs) and "instrumentality" (lawful property used in crime), clarify that seized property has no ownership rights, and prohibit state agencies from transferring property to federal agencies for federal forfeiture. This law directly affects individuals or entities whose property is seized in drug-related felony cases.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 25, 2025 Last action Feb 25, 2025
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Total actions
4
Key actions
0
Committee
2
Feb 25, 2025
Committee
To Judiciary
upper
Feb 25, 2025
Introduced
Introduced in Senate
upper
Feb 25, 2025
Committee
To Judiciary then Finance
upper
1 primary · 1 co-sponsor

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