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

HB 4049 replaces West Virginia's existing Contraband Forfeiture Act with a new Criminal Forfeiture Process Act specifically for property used in or derived from felony drug crimes (violations of the Controlled Substance Act). It establishes a criminal court process for forfeiture (replacing civil forfeiture), defines key terms like "contraband" (unlawful items such as drugs without prescription) and "innocent owner" (a person unaware of property use in crime), and prohibits offering seized property to federal agencies for federal forfeiture. The bill clarifies that courts handling the underlying criminal case have jurisdiction over forfeiture proceedings, and it explicitly states no property rights exist in contraband. This procedural bill directly affects law enforcement agencies, criminal defendants, and property owners involved in drug-related felony cases.