§60A-7-701. Short Title
This article shall be known and cited as the "West Virginia Contraband Forfeiture Act."
§60A-7-702. Legislative Findings
The Legislature hereby finds and declares that the seizure and sale of items under the provisions of this article is not contemplated to be a forfeiture as the same is used in article twelve, section five of the West Virginia Constitution and to the extent that such seizure and sale may be found to be […]
§60A-7-703. Items Subject to Forfeiture; Persons Authorized to Seize Property Subject to Forfeiture
(a) The following are subject to forfeiture: (1) All controlled substances which have been manufactured, distributed, dispensed or possessed in violation of this chapter;
§60A-7-704. Procedures for Seizure of Forfeitable Property
(a) Seizure of property made subject to forfeiture by the provisions of this article may be made upon process issued by any court of record having jurisdiction over the property. (b) Notwithstanding the provisions of subsection (a) of this section, seizure of property subject to forfeiture by the provisions of this article may be made […]
§60A-7-705. Procedures for Forfeiture
(a) (1) Any proceeding wherein the state seeks forfeiture of property subject to forfeiture under this article shall be a civil proceeding. A petition for forfeiture may be filed on behalf of the state and any law-enforcement agency making a seizure under this article by the prosecuting attorney of a county, or duly appointed special […]
§60A-7-705a. Additional Procedures for Forfeiture
(a) Notwithstanding the provisions of section seven hundred five of this article, forfeitable moneys are subject to administrative forfeiture by the prosecuting attorney of a county or duly appointed special prosecutor. (b) An administrative forfeiture notice shall be provided by the prosecuting attorney after the seizure of the money in question. The notice shall contain […]
§60A-7-706. Disposition of Forfeited Moneys, Securities or Other Negotiable Instruments; Distribution of Proceeds
(a) Whenever moneys, securities or other negotiable instruments are forfeited under the provisions of this article, such proceeds shall be distributed as follows: (1) Ten percent of the proceeds shall be tendered to the office of the prosecuting attorney which initiated the forfeiture proceeding;
§60A-7-707. Disposition of Other Forfeited Property; Distribution of Proceeds
(a) When property other than that referred to in section seven hundred six of this article is forfeited under this article, the circuit court ordering the forfeiture, upon application by the prosecuting attorney or the chief of the law-enforcement agency that seized said forfeited property, may direct that: (1) Title to the forfeited property be […]
§60A-7-708. Bookkeeping Procedures and Internal Controls
(a) Any law-enforcement agency or office in this state, including, but not limited to, an “appropriate person” as identified in 60A-7-703(b), excluding prosecuting attorneys, who seizes or receives forfeited moneys, securities, negotiable instruments, items subject to forfeiture in accordance with 60A-7-703(a) of this code, or other property under the provisions of this article shall account […]