(a) Anything of value, including all traceable proceeds including, but not limited to, real and personal property, moneys, negotiable instruments, securities and conveyances, is subject to forfeiture to the State of West Virginia if the item was used for any of the following:
(1) As a bribe intended to affect the outcome of a West Virginia Lottery table game in a gaming facility; or
(2) In exchange for or to facilitate a violation of this article.
(b) The Legislature finds and declares that the seizure and sale of items under the provisions of this section is not contemplated to be a forfeiture as that term is used in section five, article XII of the Constitution of West Virginia and, to the extent that a seizure and sale may be found to be a forfeiture, the Legislature hereby finds and declares that the proceeds from a seizure and sale under this article are not part of net proceeds as it is contemplated by section five, article XII of the Constitution of West Virginia.
(c) Subsection (a) of this section does not apply if the act or omission which would give rise to the forfeiture was committed or omitted without knowledge or consent of the owner of the property to be forfeited.
Structure West Virginia Code
Chapter 29. Miscellaneous Boards and Officers
Article 25. Authorized Gaming Facility
§29-25-1. Authorization of Limited Gaming Facility; Findings; Intent
§29-25-3. Commission Duties and Powers
§29-25-4. Appointment of Commission Staff; Conditions of Employment
§29-25-9. License to Operate a Gaming Facility
§29-25-10. Reports by Licensee
§29-25-11. License to Supply Gaming Facility
§29-25-12. License to Be Employed by Operator of Gaming Facility
§29-25-14. Licenses; Availability for Inspection; Change of Address
§29-25-15. Expiration Date and Renewal of Gaming License
§29-25-16. License Denial, Revocation and Reprimand
§29-25-18. Inspection and Seizure
§29-25-20. Accounting and Reporting of Gross Terminal Income; Distribution
§29-25-21. Taxes on Games Other Than Video Lottery Games
§29-25-22a. Human Resource Benefit Fund
§29-25-23. Prohibition on Unauthorized Wagering; Complimentary Service, Gift, Cash or Other Item
§29-25-24. Individual Gaming Restrictions
§29-25-25. Offenses and Penalties
§29-25-26. Forfeiture of Property
§29-25-28. Specific Provision for Video Lottery Games
§29-25-31. The Specific Video Lottery Duties Required of the Gaming Facility
§29-25-32. Surcharge; Capital Reinvestment Fund
§29-25-33. License to Be a Provider of Management Services
§29-25-34. State Ownership of West Virginia Lottery Table Games
§29-25-36. Exemption From Federal Law