House Bill 4639 History
Key: Green = existing Code. Red = new code to be enacted
H. B. 4639
(By Mr. Speaker, Mr. Thompson, and Delegate Armstead)
[By Request of the Executive]
[Introduced February 18, 2008; referred to the
Committee on Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §4-11B-1, §4-11B-2
, and §4-11B-4
all relating to the establishment of
the OxyContin Asset Forfeiture Fund.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §4-11B-1, §4-11B-2
, and §4-11B-4
, all to read as follows:
ARTICLE 11A. OXYCONTIN ASSET FORFEITURE FUND.
§4-11B-1. Legislative findings and purpose.
(a) In two thousand seven, the federal government seized over
two hundred seventy-six million dollars in asset forfeiture funds
as part of a multi-year criminal investigation of
of the pharmaceutical drug OxyContin.
Over the course of the
investigation, seven sworn members and one civilian employee of the West Virginia State Police provided invaluable assistance to
federal investigators, contributing four thousand seventy-three
work hours to the investigation.
(b) Property seized as part of a federal criminal prosecution
is frequently shared with those state and local law enforcement
agencies that made substantial contributions to the underlying
criminal investigation, thereby depriving criminal defendants of
the ill-gotten gains of their criminal activity and returning the
proceeds to those state and local agencies sworn to protect the
citizenry and deter criminal conduct.
equitable sharing and expenditure of federally
forfeited funds by participating state and local law enforcement
agencies is extensively circumscribed by applicable federal
guidelines set forth in the United States Department of Justice's
Guide to Equitable Sharing of Federally Forfeited Property for
State and Local Law Enforcement Agencies, U.S. Department of
Justice, Executive Office for Asset Forfeiture, March 1994.
(d) In accordance with these federal guidelines, only those
law enforcement agencies that directly participated in a criminal
investigation or prosecution that ultimately resulted in a federal
forfeiture are eligible to receive and administer an equitable
share of the net proceeds of such forfeiture.
(e) In order to receive an equitable share of federally
forfeited funds, an eligible agency is required to submit a request to the Department of Justice that specifies how the forfeited
assets will be used. Any unauthorized departure from such stated
uses may subject the recipient agency to administrative and/or
(f) Furthermore, the equitable sharing of federally forfeited
assets must be used to supplement, rather than supplant, the
budgetary resources of the receiving state or local law enforcement
agency and the aforementioned federal guidelines expressly
authorize the United States Department of Justice to terminate
sharing with a law enforcement agency that is not permitted to
benefit directly from equitable sharing.
(g) By virtue of its extensive role in the criminal
the manufacturer of the pharmaceutical drug
the West Virginia State Police has been designated to
receive an equitable share of federally forfeited funds in the
amount of forty-four million one hundred seventy-six thousand
moneys received shall be used to fund programs of
vital importance to the health, safety and welfare of the people of
West Virginia and the Legislature finds that it is in the best
interest of this state to protect these moneys and ensure that they
are expended in accordance with state law and applicable federal
§4-11B-2. OxyContin Asset Forfeiture Fund.
(a) There is hereby established in the State Treasury a
special account, which shall be an appropriated, interest-bearing
account administered by the West Virginia State Police and
designated as the OxyContin Asset Forfeiture Fund.
(b) The fund shall consist of any moneys received by the West
Virginia State Police in accordance with the May 10, 2007 Agreed
Order of Forfeiture entered by the United States District Court for
the Western District of Virginia and the August 15, 2007 United
States Department of Justice's equitable sharing approval, and any
interest or other return on the moneys in the fund. Any moneys
remaining in the account at the end of a fiscal year, including
accrued interest, do not revert to the General Revenue Fund, but
remain in the account.
(c) Expenditures from the fund are limited to those
permissible uses of federally forfeited property expressly approved
by the United States Department of Justice.
(d) Moneys deposited into the fund pursuant to this section
shall be spent for the purpose(s) expressly approved by the United
States Department of Justice within two years of the receipt of
(a) The West Virginia State Police shall implement appropriate
accounting, internal control, financial management, audit,
reporting, and reimbursement procedures with regard to the receipt and expenditure of all moneys distributed to the Fund and interest
and earnings thereon in accordance with the provisions of the
United States Department of Justice's Guide to Equitable Sharing of
Federally Forfeited Property for State and Local Law Enforcement
Agencies, U.S. Department of Justice, Executive Office for Asset
Forfeiture, March 1994.
Up to three percent of the total asset forfeiture moneys
distributed to the Fund may be used by the West Virginia State
Police to cover all reasonable costs incurred in the administration
of the Fund and the implementation of the procedures set forth in
subsection (a) of this section.
§4-11B-4. Annual report.
(a) Commencing on the first day of July two thousand eight,
and annually thereafter until the first day of July, two thousand
eleven, the Superintendent of the West Virginia State Police shall
submit a report to the Governor, the President of the Senate, the
Speaker of the House of Delegates, and the Joint Committee on
Government and Finance detailing the amount of forfeited moneys
received, an itemization of expenditures from the Fund, and a
description of the law enforcement activities supported by those
(b) Commencing on the first day of July two thousand eight,
and annually thereafter, the Superintendent of the West Virginia
State Police shall, in accordance with the Guide to Equitable Sharing of Federally Forfeited Property for State and Local Law
Enforcement Agencies, U.S. Department of Justice, Executive Office
for Asset Forfeiture, March 1994,
execute and deliver to the United
States Department of Justice an annual report certifying that the
accounting of funds received and expended from the Fund is accurate
and in compliance with the federal guidelines and any applicable
NOTE: The purpose of this bill is to establish the OxyContin
Asset Forfeiture Fund.
This article is new; therefore, strike-throughs and
underscoring have been omitted.