West Virginia House Bill 5261: Relating generally to forfeiture of contraband

West Virginia · 2026 Regular Session

What it does

The purpose of this bill concerns forfeiture of contraband. The bill establishes criminal forfeiture and the items and property subject to forfeiture. The bill sets forth additional procedures for forfeiture. The bill establishes dates. The bill permits a court to waive a conviction requirement. The bill protects innocent owners. The bill permits seizure of personal property with and without process. The bill provides that there are no additional remedies and no joint and severable liability. The bill establishes title. The bill sets forth the disposition of forfeited property and proceeds. The bill establishes prohibition on retaining property. The bill establishes sales restrictions, return of property, damages, and costs. The bill permits the transfer of forfeited property to the federal government. The bill provides for preemption. The bill defines terms.The bill repeals §60A-7-704, §60A-7-705a, §60A-7-706, §60A-7-707, and §60A-7-708.

Latest action

To House Judiciary (2026-02-05)

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