2006 Code of Virginia § 2.2-1108 - Disposal of certain other property

2.2-1108. Disposal of certain other property.

Personal property, including drugs, not subject to be disposed of under 2.2-1107, which has been submitted to the Division for analysis orexamination and that has not been reclaimed by the agency submitting theproperty for analysis or examination, may be disposed of by the Division inaccordance with this section if, after the expiration of 120 days after thereceipt by the Division of the property, (i) the Director notifies thecircuit court of the county or city from which the property was taken, inwriting, that the analysis or examination has been completed and (ii) areport is given to the submitting agency that the property has not beenreclaimed by the agency and the Division proposes to dispose of the property.The notice shall state the nature and quantity of the property, the locationwhere seized, the name of the accused, if known, and the proposed method ofdisposing of the property. When the ownership of the property is known, acopy of the notice shall be sent simultaneously with the notice to the courtto the owner, or, if any criminal charge is pending in any court relating tothe property, the copy shall be sent to the accused at his last knownaddress. Notice shall be by certified mail. The court, within thirty daysafter receipt of the notice, may direct that the property be disposed of bythe Division by an alternative method designed to preserve the property, atthe expense of the agency submitting the property to the Division. If thecourt does not so direct within such thirty-day period, then the Division maydispose of the property by the method set out in the notice. Copies of theanalysis report and notice shall be made a part of the record of any criminalprosecution. The report, if sworn to, shall be admissible as evidence to thesame extent as the disposed of property would have been admissible.

(1978, c. 317, 2.1-432.1; 1990, c. 825; 2001, c. 844.)

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