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.
Code 1950, § 32-31.6:1; 1976, c. 576; 1977, c. 672, § 2.1-432; 1990, c. 825; 2001, c. 844.
Structure Code of Virginia
Title 2.2 - Administration of Government
Chapter 11 - Department of General Services
§ 2.2-1100. Creation of Department; appointment of Director; duties
§ 2.2-1101. Creation of internal service fund accounts
§ 2.2-1102. Additional powers of Department
§ 2.2-1103. Division of Consolidated Laboratory Services
§ 2.2-1104. Laboratory, testing, and analytical functions
§ 2.2-1105. Environmental laboratory certification program
§ 2.2-1106. Consolidation of other laboratories
§ 2.2-1107. Disposal of certain hazardous materials
§ 2.2-1108. Disposal of certain other property
§ 2.2-1109. Division of Purchases and Supply established
§ 2.2-1110. Using agencies to purchase through Division of Purchases and Supply; exception
§ 2.2-1112. Standardization of materials, equipment and supplies
§ 2.2-1113. Printing management coordination; uniform standards for state forms
§ 2.2-1114. Regulations as to estimates and requisitions; submission of estimates
§ 2.2-1115. Execution of contracts; payment for purchases; violations
§ 2.2-1115.1. Standard vendor accounting information
§ 2.2-1116. Purchase of products and services of state correctional facilities
§ 2.2-1117. Purchases from Department for the Blind and Vision Impaired; violation
§ 2.2-1119. Cases in which purchasing through Division not mandatory
§ 2.2-1123. Acquisition of surplus materials from the United States government
§ 2.2-1124. Disposition of surplus materials
§ 2.2-1125. Proceeds from the sale or recycling of surplus materials
§ 2.2-1128. Sale of state flag
§ 2.2-1129. Division of Engineering and Buildings
§ 2.2-1131. Maintenance and utilization standards
§ 2.2-1131.1. Establishment of performance standards for the use of property
§ 2.2-1133. Use of value engineering
§ 2.2-1135. Information on equipment utilizing wood wastes
§ 2.2-1137. Location, construction or lease of state consolidated office buildings
§ 2.2-1138. Planning and construction by Division; exemption
§ 2.2-1139. Transfer of funds; acceptance of donations
§ 2.2-1140. Assignment of office space
§ 2.2-1142. Furniture for Executive Mansion
§ 2.2-1143. Services for Capitol and other state facilities
§ 2.2-1144. Control of Capitol Square and other property at seat of government
§ 2.2-1147.1. Right to breast-feed
§ 2.2-1147.3. Baby changing facilities in restrooms located in public buildings
§ 2.2-1148. Approval of actions; conveyances in name of the Commonwealth
§ 2.2-1150.1. Lease or conveyance of any interest in State Police communication tower
§ 2.2-1150.3. Lease of state military reservation property
§ 2.2-1156. Sale or lease of surplus property and excess building space
§ 2.2-1157. Exploration for and extraction of minerals on state-owned uplands
§ 2.2-1158. Management, harvesting and sale of timber on lands under control of Division
§ 2.2-1161. Buildings not in conformance with standards for persons with physical disabilities
§ 2.2-1161.1. Code Adam alerts in public buildings
§ 2.2-1164. Standards for inspection of buildings for asbestos
§ 2.2-1167. Commonwealth immune from civil liability
§ 2.2-1168. Division of Support Services may be established
§ 2.2-1169. Mail handling, messenger and parcel service
§ 2.2-1170. Office equipment pool; repair
§ 2.2-1171. Printing and duplicating facilities
§ 2.2-1174. Vehicles assigned to the centralized fleet
§ 2.2-1175. Responsibilities of Director
§ 2.2-1176. Approval of purchase, lease, or contract rental of motor vehicle
§ 2.2-1176.1. Alternative Fuel Vehicle Conversion Fund established
§ 2.2-1177. Transfer of surplus motor vehicles
§ 2.2-1178. Use of passenger-type vehicles on an assigned basis
§ 2.2-1179. Use of vehicles for commuting
§ 2.2-1180. Guidance documents governing state-owned passenger-type vehicles