                                 CODE OF VIRGINIA

DISPOSAL OF UNCLAIMED PROPERTY IN THE POSSESSION OF STATE POLICE; EXEMPTION FROM
THE VIRGINIA DISPOSITION OF UNCLAIMED PROPERTY ACT (§ 52-11.4)

The Department of State Police may provide for (i) the public sale in accordance
with the provisions of this section or (ii) the retention for use by the State
Police or other law-enforcement agency of any unclaimed personal property that
has been in the possession of the State Police and unclaimed for a period of
more than 60 days. For the purposes of this section, &#8220;unclaimed personal
property&#8221;  means any personal property, other than firearms or other
weapons, belonging to another that has been acquired by a law-enforcement
officer pursuant to his duties, that is not needed in any criminal prosecution,
that has not been claimed by its rightful owner and that the State Treasurer has
indicated will be declined if remitted under the Virginia Disposition of
Unclaimed Property Act (§ 55.1-2500 et seq.).
		Prior to the sale or retention for use by the State Police of any unclaimed
personal property, the Superintendent or his designee shall make reasonable
attempts to (i) notify by mail the rightful owner of the property, (ii) obtain
from the attorney for the Commonwealth of the jurisdiction in which the
unclaimed item came into the possession of the State Police in writing a
statement advising that the item is not needed in any criminal prosecution,
(iii) cause to be published on the website maintained by the State Police for a
period of 60 days notice that there will be a public display and sale of
unclaimed personal property, including property selected for retention by the
State Police, which shall be described generally in the notice, together with
the date, time and place of the sale and shall be made available for public
viewing at the sale, and (iv) cause to be published in a newspaper of general
circulation in the locality where the sale is to be held once a week for two
successive weeks prior to the sale, a notice that includes the date, time, place
of the sale, general description of items to be sold and the State Police
website address. The Superintendent or his designee shall pay from the proceeds
of sale the costs of advertisement, removal, storage, investigation as to
ownership and liens, and notice of sale. The balance of the funds shall be held
by the Superintendent or his designee for the owner and paid to the owner upon
satisfactory proof of ownership. Any unclaimed item retained for use by the
State Police shall become the property of the Commonwealth and any property
provided to other law-enforcement agencies shall become the property of the
locality served by the agency and shall be retained only if, in the opinion of
the Superintendent or chief law-enforcement officer, there is a legitimate use
for the property by the agency and that retention of the item is a more
economical alternative than purchase of a similar or equivalent item.
		If no claim has been made by the owner for the property or proceeds of such
sale within 60 days of the sale, the remaining funds shall be deposited in the
Literary Fund of the Commonwealth and the retained property may be placed into
use by the State Police or other law-enforcement agency. Any such owner shall be
entitled to apply to the Commonwealth within one year from the date of the sale
and, if timely application is made therefor and satisfactory proof of ownership
of the funds or property is made, the Commonwealth shall pay the remaining
proceeds of the sale or return the property to the owner without interest or
other charges or compensation. No claim shall be made nor any suit, action or
proceeding be instituted for the recovery of such funds or property after one
year from the date of the sale.

HISTORY: 2004, c. 427.