                                 CODE OF VIRGINIA

DISPOSAL OF CERTAIN HAZARDOUS MATERIALS (§ 2.2-1107)

Any material seized in a criminal investigation and deemed to be hazardous to
health and safety, may be disposed of upon written application of the Division
to the attorney for the Commonwealth in the city or county where the material is
seized or where any criminal prosecution in which such material is proposed to
be evidence is pending. Upon receipt, the attorney for the Commonwealth shall
file the application in the circuit court of such county or city. A sworn
analysis report signed by a person designated by the Director of the Division
shall accompany the application for disposal and shall clearly identify and
designate the material for disposal. The application 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 ownership of the hazardous material is known, notice shall
be given to the owner at least three days prior to any hearing relating to the
destruction, and, if any 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 of the analysis report and the application, the court may order the
destruction of all, or a part of, the material; however, a sufficient and
representative quantity of the material shall be retained to permit an
independent analysis when a criminal prosecution may result from the seizure. A
return under oath, reporting the time, place and manner of destruction shall be
made to the courts. Copies of the analysis report, application, order and return
shall be made a part of the record of any criminal prosecution. The sworn
analysis report shall be admissible as evidence to the same extent as the
disposed-of material would have been admissible.

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