                                 CODE OF VIRGINIA

WHEN DONATION, DESTRUCTION, OR RETURN OF EXHIBITS RECEIVED IN EVIDENCE
AUTHORIZED (§ 19.2-270.4)

A. Except as provided in &#xA7; 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 &#xA7; 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 (&#xA7; 19.2-386.1 et seq.) or Chapter 22.2
(&#xA7; 19.2-386.15 et seq.), or any other forfeiture provisions, or in any case
where such exhibits are deemed contraband.

B. Except as provided in &#xA7; 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. 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.

D. Upon petition of any organization which is exempt from taxation under &#xA7;
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.

HISTORY: 1984, c. 621; 1989, c. 481; 1994, c. 536; 2001, cc. 873, 874, 875;
2008, c. 805; 2010, cc. 352, 366, 454.