2014 Kentucky Revised Statutes
CHAPTER 95 - CITY POLICE AND FIRE DEPARTMENTS
95.435 Custody and disposition of property taken by the police department of city of home rule class or urban-county government.
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<![CDATA[95.435 Custody and disposition of property taken by the police department of
city of home rule class or urban-county government.
(1)
(2)
(3)
(4)
The police department in cities of the home rule class and urban-county
governments shall take charge of property, within their jurisdiction, alleged to
be or suspected of being the proceeds of crime, property taken from the person
of a prisoner, lost or abandoned property taken into the custody of any member
of the police force or criminal court, and property taken from persons supposed
to be insane, intoxicated or otherwise incapable of taking care of themselves.
The officer or court having custody of such property shall as soon as
practicable deliver it into the custody of the police department.
All such property shall be particularly described and registered by the police
department in a book kept for that purpose, containing the name of the owner,
if ascertained, the place where found, the name of the person from whom
taken, with the general circumstances, the date of its receipt, the name of the
officer recovering the property, the names of all claimants thereto, and any final
disposition of the property. The police department shall advertise the property
pursuant to KRS Chapter 424 for the information of the public as to the amount
and disposition of the property.
If any property in the custody of the police department is desired as evidence
in any criminal court, such property shall be delivered to any officer who
presents an order to that effect from the court. Such property shall not be
retained in the court but shall be returned to the police department.
All property except firearms that remains in the custody of the police
department for three (3) months, without any lawful claimant thereto, may be
sold at public auction in a suitable room designated for that purpose after
having been advertised pursuant to KRS Chapter 424. The proceeds of such
sales shall be paid into the police and firefighters' pension fund of said city or
urban-county government if the city or urban-county government has a pension
fund with active members or beneficiaries. If the city or urban-county
government does not maintain a policemen's and firefighters' pension fund or
no longer has active members or beneficiaries, then the proceeds shall be
designated by the city or urban-county government for the exclusive use of the
police department. Firearms shall be transferred to the Department of Kentucky
State Police within ninety (90) days of abandonment, confiscation, release of
the weapon as evidence, or forfeiture by a court, whichever occurs later.
Effective:January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 108, effective January 1, 2015. -Amended 2007 Ky. Acts ch. 85, sec. 155, effective June 26, 2007. -- Amended
2000 Ky. Acts ch. 405, sec. 1, effective July 14, 2000. -- Amended 1998 Ky.
Acts ch. 606, sec. 130, effective July 15, 1998. --Amended 1978 Ky. Acts ch.
164, sec. 21, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 248, sec.
4. -- Amended 1966 Ky. Acts ch. 239, sec. 87. -- Created 1954 Ky. Acts ch. 205,
sec. 1.
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