2006 Code of Virginia § 2.2-1107 - Disposal of certain hazardous materials

2.2-1107. Disposal of certain hazardous materials.

Any material seized in a criminal investigation and deemed to be hazardous tohealth and safety, may be disposed of upon written application of theDivision to the attorney for the Commonwealth in the city or county where thematerial is seized or where any criminal prosecution in which such materialis proposed to be evidence is pending. Upon receipt, the attorney for theCommonwealth shall file the application in the circuit court of such countyor city. A sworn analysis report signed by a person designated by theDirector of the Division shall accompany the application for disposal andshall clearly identify and designate the material for disposal. Theapplication shall state the nature and quantity of the hazardous materials,the location where seized, the person from whom the materials were seized,and the manner in which the material shall be destroyed. Where the ownershipof the hazardous material is known, notice shall be given to the owner atleast three days prior to any hearing relating to the destruction, and, ifany criminal charge is pending in any court as a result of the seizure,notice shall be given to the accused if other than the owner. Upon receipt ofthe analysis report and the application, the court may order the destructionof all, or a part of, the material; however, a sufficient and representativequantity of the material shall be retained to permit an independent analysiswhen a criminal prosecution may result from the seizure. A return under oath,reporting the time, place and manner of destruction shall be made to thecourts. Copies of the analysis report, application, order and return shall bemade a part of the record of any criminal prosecution. The sworn analysisreport shall be admissible as evidence to the same extent as the disposed-ofmaterial would have been admissible.

(Code 1950, 32-31.6:1; 1976, c. 576; 1977, c. 672, 2.1-432; 1990, c. 825;2001, c. 844.)

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