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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>77297</law_id><section_number>2.2-1108</section_number><catch_line>Disposal of certain other property</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="2.2">Administration of Government</unit><unit label="subtitle" level="2" order_by="1" identifier="I">Organization of State Government</unit><unit label="part" level="3" order_by="1" identifier="C">State Agencies Related to the General Operation of Government</unit><unit label="chapter" level="4" order_by="1" identifier="11">Department of General Services</unit><unit label="article" level="5" order_by="1" identifier="2">Division of Consolidated Laboratory Services</unit></structure><text>
						<section><p>Personal property, including drugs, not subject to be disposed of under &#xA7;&#xA0;<a class="law" title="Disposal of certain hazardous materials" href="/2.2-1107/">2.2-1107</a>, which has been submitted to the Division for analysis or examination and that has not been reclaimed by the agency submitting the property for analysis or examination, may be disposed of by the Division in accordance with this section if, after the expiration of 120 days after the receipt by the Division of the property, (i) the Director notifies the <span class="dictionary">circuit</span> <span class="dictionary">court</span> of the county or city from which the property was taken, in writing, that the analysis or examination has been completed and (ii) a report is given to the submitting agency that the property has not been reclaimed by the agency and the Division proposes to dispose of the property. The notice shall state the nature and quantity of the property, the location where seized, the name of the <span class="dictionary">accused</span>, if known, and the proposed method of disposing of the property. When the ownership of the property is known, a copy of the notice shall be sent simultaneously with the notice to the <span class="dictionary">court</span> to the owner, or, if any criminal charge is pending in any <span class="dictionary">court</span> relating to the property, the copy shall be sent to the <span class="dictionary">accused</span> at his last known address. Notice shall be by certified mail. The <span class="dictionary">court</span>, within thirty days after receipt of the notice, may direct that the property be disposed of by the Division by an alternative method designed to preserve the property, at the expense of the agency submitting the property to the Division. If the <span class="dictionary">court</span> does not so direct within such thirty-day period, then the Division may dispose of the property by the method set out in the notice. Copies of the analysis report and notice shall be made a part of the record of any criminal <span class="dictionary">prosecution</span>. The report, if sworn to, shall be <span class="dictionary">admissible</span> as <span class="dictionary">evidence</span> to the same extent as the disposed of property would have been <span class="dictionary">admissible</span>.</p></section></text><history>1978, c. 317, &#xA7; 2.1-432.1; 1990, c. 825; 2001, c. 844.</history><metadata></metadata></law>
