9.1-1107 - Disposal of certain other property after analysis.
§ 9.1-1107. Disposal of certain other property after analysis.
Personal property, including drugs, not disposed of under § 9.1-1106, thathas been submitted to the Department for analysis or examination and that hasnot been reclaimed by the agency submitting the property for analysis orexamination, may be disposed of by the Department in accordance with thissection if, after the expiration of 120 days after the receipt by theDepartment of the property, the Director notifies the circuit court of thecounty or city from which the property was taken, in writing, that theanalysis or examination has been completed, and a report submitted to theagency that the property has not been reclaimed by the agency submitting itand that the Department proposes to dispose of the property. The notice shallstate the nature of the property, the quantity thereof, the location whereseized, the name of the accused, if known, and the proposed method ofdisposing of the property.
When the ownership of the property is known, a copy of the notice shall besent simultaneously with the notice to the court to the owner, or, if anycriminal charge is pending in any court relating to the property, the copyshall be sent to the accused at his last known address. Notice shall be bycertified mail. The court, within 30 days after receipt of the notice, maydirect that the property be disposed of by the Department, by an alternativemethod designed to preserve the property, at the expense of the agencysubmitting the property to the Department. If the court does not so directwithin the 30-day period, then the Department may dispose of the property bythe method set out in the notice. Copies of the analysis report and noticeshall 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 thedisposed-of property would have been admissible.
(2005, cc. 868, 881.)