H. B. 4257
(By Delegates Reynolds and Rodighiero)
[Introduced February 1, 2010; referred to the
Committee on Roads and Transportation then the Judiciary.]
A BILL to amend and reenact §60A-7-707 of the Code of West
Virginia, 1931, as amended, relating to authorizing the law-
enforcement agency responsible for a forfeited motor vehicle
to trade the motor vehicle for a new vehicle if the motor
vehicle has little value for public auctions purposes.
Be it enacted by the Legislature of West Virginia:
That §60A-7-707 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 7. WEST VIRGINIA CONTRABAND FORFEITURE ACT.
§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 the forfeited property, may direct that:
(1) Title to the forfeited property be vested in the law-
enforcement agency so petitioning; or
(2) The law-enforcement agency responsible for the seizure
retain the property for official use;
or
(3) The forfeited property
shall be offered at public auction
to the highest bidder for cash. Notice of
such the public auction
shall be published as a Class III legal advertisement in accordance
with article three, chapter fifty-nine of this code. The
publication area shall be the county where the public auction will
be held;
or
(4) If a forfeited motor vehicle does not have any value for
public auction purposes, then the law-enforcement agency
responsible for the seizure may trade the forfeited motor vehicle
for a new motor vehicle.
(b) When a law-enforcement agency receives property pursuant
to this section, the court may, upon request of the prosecuting
attorney initiating the forfeiture proceeding, require the
law-enforcement agency to pay unto the office of
said the
prosecuting attorney a sum not to exceed ten percent of the value
of the property received to compensate
said the office for actual
costs and expenses incurred.
(c) The proceeds of every public sale conducted pursuant to
this section shall be paid and applied as follows: First, to the
balance due on any security interest preserved by the court;
second, to the costs incurred in the storage, maintenance and security of the property; third, to the costs incurred in selling
the property.
(d) Any proceeds of a public sale remaining after distribution
pursuant to subsection (c) of this section shall be distributed as
follows:
(1)Ten percent of
such the proceeds shall be tendered to the
office of the prosecuting attorney who initiated the forfeiture
proceeding.
(2) The balance shall be deposited in a special law-
enforcement investigation fund.
Such The fund shall be
administered by the chief of the law-enforcement agency that seized
the forfeited property sold and shall take the form of an interest-
bearing account with any interest earned to be compounded to the
fund. Any funds deposited in the special law-enforcement
investigative fund pursuant to this article shall be
expended
spent only to defray the costs of protracted or complex
investigations, to provide additional technical equipment or
expertise, to provide matching funds to obtain federal grants or
for such other law-enforcement purposes as the chief of the law-
enforcement agency may deem appropriate. However, these funds may
not be utilized for regular operating needs.
(e) If more than one law-enforcement agency was substantially
involved in effecting the seizure and forfeiture of property, the
court wherein the petition for forfeiture was filed shall equitably
distribute the forfeited property among the law-enforcement agencies. In the event of a public sale of such property pursuant
to subsection (a) of this section, the court shall equitably
distribute any proceeds remaining after distribution pursuant to
subsection (c) and subdivision (1), subsection (d) of this section
among
such the law-enforcement agencies for deposit into their
individual special law-enforcement investigative fund. Equitable
distribution
shall be is based upon the overall contribution of the
individual law-enforcement agency to the investigation which led to
the seizure.
(f) Upon the sale of any forfeited property for which title or
registration is required by law, the state shall issue a title or
registration certificate to any bona fide purchaser at a public
sale of the property conducted pursuant to subsection (a) of this
section. Upon the request of the law-enforcement agency receiving,
pursuant to the order of the court, or electing to retain, pursuant
to subsection (a) of this section, any forfeited property for which
title or registration is required by law, the state shall issue a
title or registration certificate to the appropriate governmental
body.
(g) Any funds expended pursuant to the provisions of this
section, shall only be
expended in the manner spent as provided in
subsection (b), section seven hundred five of this article.
(h) Every prosecuting attorney or law-enforcement agency
receiving forfeited property or proceeds from the sale of forfeited
property pursuant to this article shall submit an annual report to the body which has budgetary authority over such agency.
Such The
report shall specify the type and approximate value of all
forfeited property and the amount of proceeds from the sale of
forfeited property received in the preceding year. No county or
municipality may use anticipated receipts of forfeited property in
their budgetary process.
(i) In lieu of the sale of any forfeited property subject to
a bona fide security interest preserved by an order of the court,
the law-enforcement agency receiving the forfeited property may pay
the balance due on any security interest preserved by the court
from funds budgeted to the office or department or from the special
fund and retain possession of the forfeited property for official
use pursuant to subsection (a) of this section.
(j) In every case where property is forfeited, disposition of
the forfeited property, in accordance with this article, shall be
made within six months of the date upon which the court of
jurisdiction orders forfeiture. Should the office or agency
receiving the property fail either to place the property in
official use or dispose of the property in accordance with law, the
court of jurisdiction shall cause disposition of the property to be
made with any proceeds
therefrom to be awarded to the state.
(k) No disposition
shall may occur until all applicable
periods for filing a notice of intent to appeal
has have expired
and no party in interest
shall may have filed
such the notice. The
filing of the notice of intent to appeal
shall stay stays any such disposition until the appeal has been finally adjudicated or until
the appeal period of one hundred eighty days has expired without
an appeal having actually been taken or filed, unless a valid
extension of the appeal has been granted by the circuit court
under the provisions of section seven, article four, chapter fifty-
eight of this code.
(l) The special law-enforcement investigative funds of each
law-enforcement agency may be placed in an interest-bearing
depository insured by the federal government.
NOTE: The purpose of this bill is to authorize the law-
enforcement agency responsible for a forfeited motor vehicle to
trade the motor vehicle for a new vehicle if the motor vehicle has
little value for public auctions purposes.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.