Personal property, including drugs, not subject to be disposed of under § 2.2-1107, which has been submitted to the Division 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 Division in accordance with this section if, after the expiration of 120 days after the receipt by the Division of the property, (i) 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 (ii) a report is given to the submitting agency that the property has not been reclaimed by the agency and the Division proposes to dispose of the property. The notice shall state the nature and quantity of the property, 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 thirty days after receipt of the notice, may direct that the property be disposed of by the Division by an alternative method designed to preserve the property, at the expense of the agency submitting the property to the Division. If the court does not so direct within such thirty-day period, then the Division 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.
1978, c. 317, § 2.1-432.1; 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