19.2-270.4 - When donation, destruction, or return of exhibits received in evidence authorized.
§ 19.2-270.4. When donation, destruction, or return of exhibits received inevidence authorized.
A. Except as provided in § 19.2-270.4:1 and unless objection with sufficientcause is made, the trial court in any criminal case may order the donation ordestruction of any or all exhibits received in evidence during the course ofthe trial (i) in any misdemeanor case, at any time after the expiration ofthe time for filing an appeal from the final judgment of the court if noappeal is taken or if an appeal is taken, at any time after exhaustion of allappellate remedies and (ii) in any felony case, upon notice in the sentencingorder or otherwise to the attorney for the Commonwealth, the defendant at hislast known address, and attorney of record for the defendant in the case,after more than one year has expired from exhaustion of all appellateremedies, or, if no appeal is taken, after more than one year from the timefor seeking appellate remedies has expired; and in the event the defendant isfound not guilty by a court of law, the court may, upon entry of the finalorder, order the destruction, donation, or return of the exhibits; provided,however, if a petition for writ of habeas corpus is filed within suchone-year period, then such order shall not be entered until exhaustion ofsuch habeas corpus proceedings. Notwithstanding the foregoing, in all casesconcluded prior to July 1, 2005, the notice requirement in this section shallnot apply. The order of donation or destruction may require that photographsbe made of all exhibits ordered to be donated or destroyed and that suchphotographs be appropriately labeled for future identification. In addition,the order shall state the nature of the exhibit subject to donation ordestruction, identify the case in which such exhibit was received and fromwhom such exhibit was received, if known, and the manner by which the exhibitis to be destroyed or to whom donated. However, any money introduced intoevidence, unless it is stolen from a third party, shall be subject toforfeiture by law-enforcement officials as otherwise provided by law, and ifno forfeiture action is taken or if funds remain after any such forfeiture,the clerk shall escheat such funds as otherwise provided by law. No notice tothe defendant shall be required in the case of exhibits the disposal ordestruction of which is controlled by § 19.2-386.23 or 19.2-386.24, in anycase in which such exhibits may be seized and forfeited to the Commonwealthunder Chapter 22.1 (§ 19.2-386.1 et seq.) or Chapter 22.2 (§ 19.2-386.15 etseq.), or any other forfeiture provisions, or in any case where such exhibitsare deemed contraband.
B. Except as provided in § 19.2-270.4:1, a circuit court for good causeshown, on notice to the attorney for the Commonwealth and any attorney for adefendant in the case, may order the return of any or all exhibits to theowners thereof, notwithstanding the pendency of any appeal or petition for awrit of habeas corpus. The order may be upon such conditions as the courtdeems appropriate for future identification and inclusion in the record of acase subject to retrial. In addition, the owner shall acknowledge in a swornaffidavit to be filed with the record of the case, that he has retakenpossession of such exhibit or exhibits.
C. Any photographs taken pursuant to an order of donation or destruction oran order returning exhibits to the owners shall be retained with the recordin the case and, if necessary, shall be admissible in any subsequent trial ofthe same cause, subject to all other rules of evidence.
D. Upon petition of any organization which is exempt from taxation under §501 (c) (3) of the Internal Revenue Code, the court in its sound discretionmay order the donation of an exhibit to such charitable organization.
(1984, c. 621; 1989, c. 481; 1994, c. 536; 2001, cc. 873, 874, 875; 2008, c.805; 2010, cc. 352, 366, 454.)