                                 CODE OF VIRGINIA

DISPOSAL OF CERTAIN HAZARDOUS MATERIALS (§ 9.1-1106)

Any material that is seized in any criminal investigation and that is deemed to
be hazardous to health and safety, may be disposed of upon written application
of the Department to the attorney for the Commonwealth in the city or county
where the material is seized or where any criminal prosecution in which the
material is proposed to be evidence is pending. Upon receipt thereof, 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 Department shall accompany the application for disposal and
shall clearly identify and designate the material to be disposed of. The
application shall state the nature of the hazardous materials, the quantity
thereof, the location where seized, the person from whom the materials were
seized, and the manner whereby the materials shall be destroyed.
		When 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, the 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: 2005, cc. 868, 881.