{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-270.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-270.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-270.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-270.4.html"}],"law_id":59185,"edition_id":1,"section_id":59185,"structure_id":12962,"section_number":"19.2-270.4","catch_line":"When donation, destruction, or return of exhibits received in evidence authorized","history":"1984, c. 621; 1989, c. 481; 1994, c. 536; 2001, cc. 873, 874, 875; 2008, c. 805; 2010, cc. 352, 366, 454.","full_text":"A\n\nExcept as provided in § 19.2-270.4:1 and unless objection with sufficient cause is made, the trial court in any criminal case may order the donation or destruction of any or all exhibits received in evidence during the course of the trial (i) in any misdemeanor case, at any time after the expiration of the time for filing an appeal from the final judgment of the court if no appeal is taken or if an appeal is taken, at any time after exhaustion of all appellate remedies and (ii) in any felony case, upon notice in the sentencing order or otherwise to the attorney for the Commonwealth, the defendant at his last known address, and attorney of record for the defendant in the case, after more than one year has expired from exhaustion of all appellate remedies, or, if no appeal is taken, after more than one year from the time for seeking appellate remedies has expired; and in the event the defendant is found not guilty by a court of law, the court may, upon entry of the final order, order the destruction, donation, or return of the exhibits; provided, however, if a petition for writ of habeas corpus is filed within such one-year period, then such order shall not be entered until exhaustion of such habeas corpus proceedings. Notwithstanding the foregoing, in all cases concluded prior to July 1, 2005, the notice requirement in this section shall not apply. The order of donation or destruction may require that photographs be made of all exhibits ordered to be donated or destroyed and that such photographs be appropriately labeled for future identification. In addition, the order shall state the nature of the exhibit subject to donation or destruction, identify the case in which such exhibit was received and from whom such exhibit was received, if known, and the manner by which the exhibit is to be destroyed or to whom donated. However, any money introduced into evidence, unless it is stolen from a third party, shall be subject to forfeiture by law-enforcement officials as otherwise provided by law, and if no forfeiture action is taken or if funds remain after any such forfeiture, the clerk shall escheat such funds as otherwise provided by law. No notice to the defendant shall be required in the case of exhibits the disposal or destruction of which is controlled by § 19.2-386.23 or 19.2-386.24, in any case in which such exhibits may be seized and forfeited to the Commonwealth under Chapter 22.1 (§ 19.2-386.1 et seq.) or Chapter 22.2 (§ 19.2-386.15 et seq.), or any other forfeiture provisions, or in any case where such exhibits are deemed contraband.B\n\nExcept as provided in § 19.2-270.4:1, a circuit court for good cause shown, on notice to the attorney for the Commonwealth and any attorney for a defendant in the case, may order the return of any or all exhibits to the owners thereof, notwithstanding the pendency of any appeal or petition for a writ of habeas corpus. The order may be upon such conditions as the court deems appropriate for future identification and inclusion in the record of a case subject to retrial. In addition, the owner shall acknowledge in a sworn affidavit to be filed with the record of the case, that he has retaken possession of such exhibit or exhibits.C\n\nAny photographs taken pursuant to an order of donation or destruction or an order returning exhibits to the owners shall be retained with the record in the case and, if necessary, shall be admissible in any subsequent trial of the same cause, subject to all other rules of evidence.D\n\nUpon petition of any organization which is exempt from taxation under § 501(c) (3) of the Internal Revenue Code, the court in its sound discretion may order the donation of an exhibit to such charitable organization.","order_by":null,"text":{"0":{"id":216951,"text":"Except as provided in § 19.2-270.4:1 and unless objection with sufficient cause is made, the trial court in any criminal case may order the donation or destruction of any or all exhibits received in evidence during the course of the trial (i) in any misdemeanor case, at any time after the expiration of the time for filing an appeal from the final judgment of the court if no appeal is taken or if an appeal is taken, at any time after exhaustion of all appellate remedies and (ii) in any felony case, upon notice in the sentencing order or otherwise to the attorney for the Commonwealth, the defendant at his last known address, and attorney of record for the defendant in the case, after more than one year has expired from exhaustion of all appellate remedies, or, if no appeal is taken, after more than one year from the time for seeking appellate remedies has expired; and in the event the defendant is found not guilty by a court of law, the court may, upon entry of the final order, order the destruction, donation, or return of the exhibits; provided, however, if a petition for writ of habeas corpus is filed within such one-year period, then such order shall not be entered until exhaustion of such habeas corpus proceedings. Notwithstanding the foregoing, in all cases concluded prior to July 1, 2005, the notice requirement in this section shall not apply. The order of donation or destruction may require that photographs be made of all exhibits ordered to be donated or destroyed and that such photographs be appropriately labeled for future identification. In addition, the order shall state the nature of the exhibit subject to donation or destruction, identify the case in which such exhibit was received and from whom such exhibit was received, if known, and the manner by which the exhibit is to be destroyed or to whom donated. However, any money introduced into evidence, unless it is stolen from a third party, shall be subject to forfeiture by law-enforcement officials as otherwise provided by law, and if no forfeiture action is taken or if funds remain after any such forfeiture, the clerk shall escheat such funds as otherwise provided by law. No notice to the defendant shall be required in the case of exhibits the disposal or destruction of which is controlled by § 19.2-386.23 or 19.2-386.24, in any case in which such exhibits may be seized and forfeited to the Commonwealth under Chapter 22.1 (§ 19.2-386.1 et seq.) or Chapter 22.2 (§ 19.2-386.15 et seq.), or any other forfeiture provisions, or in any case where such exhibits are deemed contraband.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":216952,"text":"Except as provided in § 19.2-270.4:1, a circuit court for good cause shown, on notice to the attorney for the Commonwealth and any attorney for a defendant in the case, may order the return of any or all exhibits to the owners thereof, notwithstanding the pendency of any appeal or petition for a writ of habeas corpus. The order may be upon such conditions as the court deems appropriate for future identification and inclusion in the record of a case subject to retrial. In addition, the owner shall acknowledge in a sworn affidavit to be filed with the record of the case, that he has retaken possession of such exhibit or exhibits.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":216953,"text":"Any photographs taken pursuant to an order of donation or destruction or an order returning exhibits to the owners shall be retained with the record in the case and, if necessary, shall be admissible in any subsequent trial of the same cause, subject to all other rules of evidence.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":216954,"text":"Upon petition of any organization which is exempt from taxation under § 501(c) (3) of the Internal Revenue Code, the court in its sound discretion may order the donation of an exhibit to such charitable organization.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":12962,"edition_id":1,"name":"In General","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12961,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":169213,"object_type":"structure","relational_id":12962,"identifier":"1","token":"19.2\/16\/1","url":"\/19.2\/16\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12961,"edition_id":1,"name":"Evidence and Witnesses","identifier":"16","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":169211,"object_type":"structure","relational_id":12961,"identifier":"16","token":"19.2\/16","url":"\/19.2\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":70616,"structure_id":12962,"section_number":"19.2-267","catch_line":"Provisions applicable to witnesses in criminal as well as civil cases; obligation to attend; summons","url":"\/19.2-267\/","token":"19.2\/16\/1\/19.2-267","metadata":false},{"id":80018,"structure_id":12962,"section_number":"19.2-267.1","catch_line":"Authority of law-enforcement officer to issue summons to witness; failure to appear","url":"\/19.2-267.1\/","token":"19.2\/16\/1\/19.2-267.1","metadata":false},{"id":58922,"structure_id":12962,"section_number":"19.2-267.2","catch_line":"Response to subpoena for information stored in electronic format","url":"\/19.2-267.2\/","token":"19.2\/16\/1\/19.2-267.2","metadata":false},{"id":83006,"structure_id":12962,"section_number":"19.2-268","catch_line":"Right of accused to testify","url":"\/19.2-268\/","token":"19.2\/16\/1\/19.2-268","metadata":false},{"id":72787,"structure_id":12962,"section_number":"19.2-268.1","catch_line":"Contradiction by prior inconsistent writing (Subdivision (b)(i) of Supreme Court Rule 2:613 derived in part from this section)","url":"\/19.2-268.1\/","token":"19.2\/16\/1\/19.2-268.1","metadata":false},{"id":76061,"structure_id":12962,"section_number":"19.2-268.2","catch_line":"Recent complaint hearsay exception (Subdivision (23) of Supreme Court Rule 2:803 derived from this section)","url":"\/19.2-268.2\/","token":"19.2\/16\/1\/19.2-268.2","metadata":false},{"id":64807,"structure_id":12962,"section_number":"19.2-268.3","catch_line":"Admissibility of statements by children in certain cases","url":"\/19.2-268.3\/","token":"19.2\/16\/1\/19.2-268.3","metadata":false},{"id":79860,"structure_id":12962,"section_number":"19.2-269","catch_line":"Convicts as witnesses (Supreme Court Rule 2:609 derived from this section)","url":"\/19.2-269\/","token":"19.2\/16\/1\/19.2-269","metadata":false},{"id":77666,"structure_id":12962,"section_number":"19.2-269.1","catch_line":"Inmates as witnesses in criminal cases","url":"\/19.2-269.1\/","token":"19.2\/16\/1\/19.2-269.1","metadata":false},{"id":67973,"structure_id":12962,"section_number":"19.2-269.2","catch_line":"Nondisclosure of addresses or telephone numbers of crime victims and witnesses","url":"\/19.2-269.2\/","token":"19.2\/16\/1\/19.2-269.2","metadata":false},{"id":63323,"structure_id":12962,"section_number":"19.2-270","catch_line":"When statement by accused as witness not received as evidence","url":"\/19.2-270\/","token":"19.2\/16\/1\/19.2-270","metadata":false},{"id":86326,"structure_id":12962,"section_number":"19.2-270.1","catch_line":"Use of photographs as evidence in certain larceny and burglary prosecutions","url":"\/19.2-270.1\/","token":"19.2\/16\/1\/19.2-270.1","metadata":false},{"id":86031,"structure_id":12962,"section_number":"19.2-270.1:1","catch_line":"Computer and electronic data in obscenity, etc. cases; access to defendant","url":"\/19.2-270.1_1\/","token":"19.2\/16\/1\/19.2-270.1_1","metadata":false},{"id":54053,"structure_id":12962,"section_number":"19.2-270.2","catch_line":"Disposition of money, securities or documents seized upon arrest, etc., and pertinent as evidence","url":"\/19.2-270.2\/","token":"19.2\/16\/1\/19.2-270.2","metadata":false},{"id":79537,"structure_id":12962,"section_number":"19.2-270.3","catch_line":"Admissible evidence as to identity of party presenting bad check, draft or order","url":"\/19.2-270.3\/","token":"19.2\/16\/1\/19.2-270.3","metadata":false},{"id":59185,"structure_id":12962,"section_number":"19.2-270.4","catch_line":"When donation, destruction, or return of exhibits received in evidence authorized","url":"\/19.2-270.4\/","token":"19.2\/16\/1\/19.2-270.4","metadata":false},{"id":58746,"structure_id":12962,"section_number":"19.2-270.4:1","catch_line":"Storage, preservation and retention of human biological evidence in felony cases","url":"\/19.2-270.4_1\/","token":"19.2\/16\/1\/19.2-270.4_1","metadata":false},{"id":73612,"structure_id":12962,"section_number":"19.2-270.5","catch_line":"DNA profile admissible in criminal proceeding","url":"\/19.2-270.5\/","token":"19.2\/16\/1\/19.2-270.5","metadata":false},{"id":78047,"structure_id":12962,"section_number":"19.2-270.6","catch_line":"Evidence of abuse admissible in certain criminal trials (Supreme Court Rule 2:409 derived from this section)","url":"\/19.2-270.6\/","token":"19.2\/16\/1\/19.2-270.6","metadata":false},{"id":58400,"structure_id":12962,"section_number":"19.2-270.7","catch_line":"Determining decibel level of sound with proper equipment; certificate as to accuracy of equipment","url":"\/19.2-270.7\/","token":"19.2\/16\/1\/19.2-270.7","metadata":false},{"id":82522,"structure_id":12962,"section_number":"19.2-271","catch_line":"Certain judicial officers incompetent to testify under certain circumstances; exceptions (Supreme Court Rule 2:605 derived from this section)","url":"\/19.2-271\/","token":"19.2\/16\/1\/19.2-271","metadata":false},{"id":74995,"structure_id":12962,"section_number":"19.2-271.1","catch_line":"Competency of spouses to testify","url":"\/19.2-271.1\/","token":"19.2\/16\/1\/19.2-271.1","metadata":false},{"id":66486,"structure_id":12962,"section_number":"19.2-271.2","catch_line":"Testimony of spouses in criminal cases (Subsection (b) of Supreme Court Rule 2:504 derived from this section)","url":"\/19.2-271.2\/","token":"19.2\/16\/1\/19.2-271.2","metadata":false},{"id":54753,"structure_id":12962,"section_number":"19.2-271.3","catch_line":"Communications between ministers of religion and persons they counsel or advise (Supreme Court Rule 2:503 derived in part from this section)","url":"\/19.2-271.3\/","token":"19.2\/16\/1\/19.2-271.3","metadata":false},{"id":74779,"structure_id":12962,"section_number":"19.2-271.4","catch_line":"Privileged communications by certain public safety personnel","url":"\/19.2-271.4\/","token":"19.2\/16\/1\/19.2-271.4","metadata":false},{"id":55255,"structure_id":12962,"section_number":"19.2-271.5","catch_line":"Protected information; newspersons engaged in journalism","url":"\/19.2-271.5\/","token":"19.2\/16\/1\/19.2-271.5","metadata":false},{"id":58525,"structure_id":12962,"section_number":"19.2-271.6","catch_line":"Evidence of defendant's mental condition admissible; notice to Commonwealth","url":"\/19.2-271.6\/","token":"19.2\/16\/1\/19.2-271.6","metadata":false},{"id":63925,"structure_id":12962,"section_number":"19.2-271.7","catch_line":"Notifying defendant of consequences criminal proceedings can have on immigration","url":"\/19.2-271.7\/","token":"19.2\/16\/1\/19.2-271.7","metadata":false}],"previous_section":{"id":79537,"structure_id":12962,"section_number":"19.2-270.3","catch_line":"Admissible evidence as to identity of party presenting bad check, draft or order","url":"\/19.2-270.3\/","token":"19.2\/16\/1\/19.2-270.3","metadata":false},"next_section":{"id":58746,"structure_id":12962,"section_number":"19.2-270.4:1","catch_line":"Storage, preservation and retention of human biological evidence in felony cases","url":"\/19.2-270.4_1\/","token":"19.2\/16\/1\/19.2-270.4_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-270.4\/","history_text":"

This law was first created in 1984. The record of its establishment is cataloged in chapter 621 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1989, chapter 481; in 1994, chapter 536<\/a>; in 2001, chapters 873<\/a>, 874<\/a>, and 875<\/a>; in 2008, chapter 805<\/a>; in 2010, chapters 352<\/a>, 366<\/a>, and 454<\/a>.<\/p>","references":[{"id":58746,"section_number":"19.2-270.4:1","catch_line":"Storage, preservation and retention of human biological evidence in felony cases","order_by":null,"url":"\/19.2-270.4_1\/"}],"refers_to":[{"id":58746,"section_number":"19.2-270.4:1","catch_line":"Storage, preservation and retention of human biological evidence in felony cases","order_by":null,"url":"\/19.2-270.4_1\/"},{"id":68052,"section_number":"19.2-386.1","catch_line":"Commencing an action of forfeiture","order_by":null,"url":"\/19.2-386.1\/"},{"id":76677,"section_number":"19.2-386.15","catch_line":"Seizure of property used in connection with or derived from terrorism","order_by":null,"url":"\/19.2-386.15\/"},{"id":68664,"section_number":"19.2-386.23","catch_line":"Disposal of seized controlled substances, marijuana, and paraphernalia","order_by":null,"url":"\/19.2-386.23\/"},{"id":67824,"section_number":"19.2-386.24","catch_line":"Destruction of seized controlled substances or marijuana prior to trial","order_by":null,"url":"\/19.2-386.24\/"}],"permalink":{"id":169275,"object_type":"law","relational_id":59185,"identifier":"19.2-270.4","token":"19.2\/16\/1\/19.2-270.4","url":"\/19.2-270.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-270.4\/","token":"19.2\/16\/1\/19.2-270.4","dublin_core":{"Title":"When donation, destruction, or return of exhibits received in evidence authorized","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-270.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in § 19.2-270.4:1<\/a> and unless objection with sufficient cause is made, the trial<\/span> court<\/span> in any criminal case may order the donation or destruction of any or all exhibits received in evidence<\/span> during the course of the trial<\/span> (i) in any misdemeanor<\/span> case, at any time after the expiration of the time for filing an appeal<\/span> from the final judgment<\/span> of the court<\/span> if no appeal<\/span> is taken or if an appeal<\/span> is taken, at any time after exhaustion of all appellate<\/span> remedies and (ii) in any felony<\/span> case, upon notice in the sentencing order or otherwise to the attorney for the Commonwealth, the defendant<\/span> at his last known address, and attorney of record for the defendant<\/span> in the case, after more than one year has expired from exhaustion of all appellate<\/span> remedies, or, if no appeal<\/span> is taken, after more than one year from the time for seeking appellate<\/span> remedies has expired; and in the event the defendant<\/span> is found not guilty by a court<\/span> of law<\/span>, the court<\/span> may, upon entry of the final order<\/span>, order the destruction, donation, or return of the exhibits; provided, however, if a petition<\/span> for writ<\/span> of habeas corpus<\/span> is filed within such one-year period, then such order shall not be entered until exhaustion of such habeas corpus<\/span> proceedings. Notwithstanding the foregoing, in all cases concluded prior to July 1, 2005, the notice requirement in this section shall not apply. The order of donation or destruction may require that photographs be made of all exhibits ordered to be donated or destroyed and that such photographs be appropriately labeled for future identification. In addition, the order shall state the nature of the exhibit subject to donation or destruction, identify the case in which such exhibit was received and from whom such exhibit was received, if known, and the manner by which the exhibit is to be destroyed or to whom donated. However, any money introduced into evidence<\/span>, unless it is stolen from a third party<\/span>, shall be subject to forfeiture by law<\/span>-enforcement officials as otherwise provided by law<\/span>, and if no forfeiture action is taken or if funds remain after any such forfeiture, the clerk shall escheat such funds as otherwise provided by law<\/span>. No notice to the defendant<\/span> shall be required in the case of exhibits the disposal or destruction of which is controlled by § 19.2-386.23<\/a> or 19.2-386.24<\/a>, in any case in which such exhibits may be seized and forfeited to the Commonwealth under Chapter 22.1 (§ 19.2-386.1<\/a> et seq.) or Chapter 22.2 (§ 19.2-386.15<\/a> et seq.), or any other forfeiture provisions, or in any case where such exhibits are deemed contraband. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as provided in § 19.2-270.4:1<\/a>, a circuit<\/span> court<\/span> for good cause shown, on notice to the attorney for the Commonwealth and any attorney for a defendant<\/span> in the case, may order the return of any or all exhibits to the owners thereof, notwithstanding the pendency of any appeal<\/span> or petition<\/span> for a writ<\/span> of habeas corpus<\/span>. The order may be upon such conditions as the court<\/span> deems appropriate for future identification and inclusion in the record of a case subject to retrial. In addition, the owner shall acknowledge in a sworn affidavit<\/span> to be filed with the record of the case, that he has retaken possession<\/span> of such exhibit or exhibits. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any photographs taken pursuant to an order of donation or destruction or an order returning exhibits to the owners shall be retained with the record in the case and, if necessary, shall be admissible<\/span> in any subsequent trial<\/span> of the same cause, subject to all other rules of evidence<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon petition<\/span> of any organization which is exempt from taxation under § 501(c) (3) of the Internal Revenue Code, the court<\/span> in its sound discretion may order the donation of an exhibit to such charitable organization. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN DONATION, DESTRUCTION, OR RETURN OF EXHIBITS RECEIVED IN EVIDENCE\nAUTHORIZED (\u00a7 19.2-270.4)\n\nA. Except as provided in § 19.2-270.4:1 and unless objection with\nsufficient cause is made, the trial court in any criminal case may order the\ndonation or destruction of any or all exhibits received in evidence during the\ncourse of the trial (i) in any misdemeanor case, at any time after the\nexpiration of the time for filing an appeal from the final judgment of the court\nif no appeal is taken or if an appeal is taken, at any time after exhaustion of\nall appellate remedies and (ii) in any felony case, upon notice in the\nsentencing order or otherwise to the attorney for the Commonwealth, the\ndefendant at his last known address, and attorney of record for the defendant in\nthe case, after more than one year has expired from exhaustion of all appellate\nremedies, or, if no appeal is taken, after more than one year from the time for\nseeking appellate remedies has expired; and in the event the defendant is found\nnot guilty by a court of law, the court may, upon entry of the final order,\norder the destruction, donation, or return of the exhibits; provided, however,\nif a petition for writ of habeas corpus is filed within such one-year period,\nthen such order shall not be entered until exhaustion of such habeas corpus\nproceedings. Notwithstanding the foregoing, in all cases concluded prior to July\n1, 2005, the notice requirement in this section shall not apply. The order of\ndonation or destruction may require that photographs be made of all exhibits\nordered to be donated or destroyed and that such photographs be appropriately\nlabeled for future identification. In addition, the order shall state the nature\nof the exhibit subject to donation or destruction, identify the case in which\nsuch exhibit was received and from whom such exhibit was received, if known, and\nthe manner by which the exhibit is to be destroyed or to whom donated. However,\nany money introduced into evidence, unless it is stolen from a third party,\nshall be subject to forfeiture by law-enforcement officials as otherwise\nprovided by law, and if no forfeiture action is taken or if funds remain after\nany such forfeiture, the clerk shall escheat such funds as otherwise provided by\nlaw. No notice to the defendant shall be required in the case of exhibits the\ndisposal or destruction of which is controlled by § 19.2-386.23 or\n19.2-386.24, in any case in which such exhibits may be seized and forfeited to\nthe Commonwealth under Chapter 22.1 (§ 19.2-386.1 et seq.) or Chapter 22.2\n(§ 19.2-386.15 et seq.), or any other forfeiture provisions, or in any case\nwhere such exhibits are deemed contraband.\n\nB. Except as provided in § 19.2-270.4:1, a circuit court for good cause\nshown, on notice to the attorney for the Commonwealth and any attorney for a\ndefendant in the case, may order the return of any or all exhibits to the owners\nthereof, notwithstanding the pendency of any appeal or petition for a writ of\nhabeas corpus. The order may be upon such conditions as the court deems\nappropriate for future identification and inclusion in the record of a case\nsubject to retrial. In addition, the owner shall acknowledge in a sworn\naffidavit to be filed with the record of the case, that he has retaken\npossession of such exhibit or exhibits.\n\nC. Any photographs taken pursuant to an order of donation or destruction or an\norder returning exhibits to the owners shall be retained with the record in the\ncase and, if necessary, shall be admissible in any subsequent trial of the same\ncause, subject to all other rules of evidence.\n\nD. Upon petition of any organization which is exempt from taxation under §\n501(c) (3) of the Internal Revenue Code, the court in its sound discretion may\norder the donation of an exhibit to such charitable organization.\n\nHISTORY: 1984, c. 621; 1989, c. 481; 1994, c. 536; 2001, cc. 873, 874, 875;\n2008, c. 805; 2010, cc. 352, 366, 454.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}