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CHARLESTON — The West Virginia branch of the American Civil Liberties Union is keeping hope alive for legislation to end civil forfeiture without "real due process" in the state.
State House Bill 4615, which would have required a suspect receive a criminal conviction or enter a guilty plea before police could seize their property, is dead – at least for this year – but West Virginia ACLU Communications Director Timothy R. Ward says it's only sleeping.
"The bill is now a study resolution," Ward said in an email interview with The West Virginia Record. "As such, the issue of civil asset forfeiture will be studied by the legislature over the coming year during interim legislative sessions with presentations from experts on both sides, culminating in the creation of a new bill to be considered next legislative session."
The forces who oppose due process before civil forfeiture, however, will continue to fight any such legislation, Ward said.
"We know that law enforcement is never going to give up an easy funding stream without a fight," Ward said. "And legislators are reluctant to give the appearance of going against law enforcement. So they are going to need to know that the public supports reforming this easily and often abused practice."
Civil forfeiture without due process, also called "policing for profit," allows law enforcement agencies to claim ownership of property seized during an arrest, even if the suspect is later found not guilty or the charges are dropped. Getting their property back often requires the innocent go through an often lengthy, arduous and expensive legal process; and once it is forfeited, law enforcement agencies are allowed to apply that property toward their budgets.
"The fact that police forces are funded through forfeiture of property creates a perverse incentive for law enforcement to abuse the process," Ward said.
Last month, ACLU-WV and Americans for Prosperity issued a joint news release about civil forfeiture in West Virginia and sent a joint letter to state lawmakers urging them to support legislation that would require criminal conviction before law enforcement agencies could receive a civil asset forfeiture.
"Even good cops can be affected by bad incentives," the news release said. "When the owner is innocent, their property should be returned, not pocketed by law enforcement officials."
On Feb. 13, West Virginia House Delegate John H. Shott (R-Mercer) became the lead sponsor of HB 4615, which would end civil forfeiture as it currently is practiced in West Virginia.
"Passage of this law will protect West Virginians from having their possessions taken without real due process," Ward said. "We firmly believe that if police take your property because they suspect you of a crime, they shouldn't be able to keep it of you are never convicted of the crime."
The bill quickly picked up six co-sponsors who readily agreed, Roger Hanshaw (R-Clay), Pat McGeehan (R-Hancock), Michael Folk (R-Berkeley), Tony Paynter (R-Wyoming), S. Marshall Wilson (R-Berkeley) and Geoff Foster (R-Putnam). HB 4615 was referred the same day to the House Judiciary Committee, where Shott is chairman and Hanshaw is vice chairman.
This past Monday, after less than a week, Shott announced HB 4615 had been referred to an interim committee for post-legislative review, effectively ending the legislation's chances for passage this year.
The urgency for civil forfeiture reform in West Virginia remains, Ward said.
"It's imperative to address civil asset forfeiture because, under current law, police can seize and take ownership of individual West Virginians' property without ever charging or convicting them of a crime," he said. "And once an individual’s property is taken through civil asset forfeiture, law enforcement agencies can assume complete ownership of the property."