                                 CODE OF VIRGINIA

DISPOSAL OF CERTAIN OTHER PROPERTY AFTER ANALYSIS (§ 9.1-1107)

Personal property, including drugs, not disposed of under § 9.1-1106, that has
been submitted to the Department 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 Department in accordance with this
section if, after the expiration of 120 days after the receipt by the Department
of the property, the Director notifies the circuit court of the county or city
from which the property was taken, in writing, that the analysis or examination
has been completed, and a report submitted to the agency that the property has
not been reclaimed by the agency submitting it and that the Department proposes
to dispose of the property. The notice shall state the nature of the property,
the quantity thereof, the location where seized, the name of the accused, 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 court to the owner, or, if any
criminal charge is pending in any court relating to the property, the copy shall
be sent to the accused at his last known address. Notice shall be by certified
mail. The court, within 30 days after receipt of the notice, may direct that the
property be disposed of by the Department, by an alternative method designed to
preserve the property, at the expense of the agency submitting the property to
the Department. If the court does not so direct within the 30-day period, then
the Department 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 prosecution. The report, if sworn to, shall be admissible as
evidence to the same extent as the disposed-of property would have been
admissible.

HISTORY: 2005, cc. 868, 881.