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.
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