SENATE CONCURRENT RESOLUTION NO. 79

(By Senators Oliverio, Browning, Foster, Laird, Minard, Palumbo, Snyder, Williams, Yost, Barnes and Deem )

[Originating in the Committee on the Judiciary]


Requesting the Joint Committee on the Judiciary to study the need for establishing additional civil and criminal forfeiture statutes and the process for and purpose of any forfeiture proceedings as may be necessary.

Whereas, concern has arisen as to whether the State of West Virginia has sufficient authority to institute forfeiture procedures in certain criminal and civil cases; and
Whereas, there are questions as to whether certain persons involved in criminal activity are able to continue that activity after any punishment was received because the person was not required to forfeit the tools or fruits of their criminal activity; and
Whereas, forfeiture statutes must be carefully tailored to ensure that no constitutional rights are violated, nor innocent person injured; and
Whereas, the State of West Virginia has an interest in protecting unrepresented individuals from having their property improperly seized or forfeited; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on the Judiciary is hereby requested to study the need for increasing and enhancing the state's power to seek forfeiture in certain civil and criminal cases; and, be it
Further Resolved, That the study address all constitutional questions involved with forfeiture statutes; and, be it
Further Resolved, That the Joint Committee on the Judiciary report to the regular session of the Legislature in 2011 on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on the Judiciary.