Bill Text: VA SB349 | 2014 | Regular Session | Prefiled
Bill Title: Seized drugs and paraphernalia; forfeiture to law enforcement.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-03-17 - Governor: Acts of Assembly Chapter text (CHAP0254) [SB349 Detail]
Download: Virginia-2014-SB349-Prefiled.html
14103168D Be it enacted by the General Assembly of Virginia: 1. That §19.2-386.23 of the Code of Virginia is amended and reenacted as follows: §19.2-386.23. Disposal of seized controlled substances, marijuana, synthetic cannabinoids, and paraphernalia. A. All controlled substances, imitation controlled substances, marijuana, synthetic cannabinoids as defined in §18.2-248.1:1, or paraphernalia, the lawful possession of which is not established or the title to which cannot be ascertained, which have come into the custody of a peace officer or have been seized in connection with violations of Chapter 7 (§ 18.2-247 et seq.) of Title 18.2, shall be forfeited and disposed of as follows: 1. Upon written application by the Department of Forensic Science or any law-enforcement agency within the Commonwealth the court may order the forfeiture of any such substance or paraphernalia to the Department or a law-enforcement agency for research and training purposes and for destruction pursuant to regulations of the United States Department of Justice Drug Enforcement Administration and of the Board of Pharmacy once these purposes have been fulfilled. 2. In the event no application is made under subdivision 1 of
this subsection, the court shall order the destruction of all such substances
or paraphernalia, which order shall state the existence and nature of the
substance or paraphernalia, the quantity thereof, the location where seized,
the person or persons from whom the substance or paraphernalia was seized, if
known, and the manner whereby such item shall be destroyed. However, the court
may order that paraphernalia identified in subdivision 5 of §18.2-265.1 not be
destroyed and that it be given to a person or entity that makes a showing to
the court of sufficient need for the property and an ability to put the
property to a lawful and publicly beneficial use. A return under oath,
reporting the time, place and manner of destruction shall be made to the court
and to the Board of Pharmacy by the officer to whom the order is directed. A
copy of the order and affidavit shall be made a part of the record of any
criminal prosecution in which the substance or paraphernalia was used as
evidence and shall, thereafter, be prima facie evidence of its contents. In the
event a law-enforcement agency recovers, seizes, finds, is given or otherwise
comes into possession of any such substances or paraphernalia that are not
evidence in a trial in the Commonwealth, the chief law-enforcement officer of
the agency or his designee may, with the written consent of the appropriate
attorney for the Commonwealth, retain such
substances or paraphernalia for training purposes or order destruction of same B. No such substance or paraphernalia used or to be used in a criminal prosecution under Chapter 7 (§18.2-247 et seq.) of Title 18.2 shall be disposed of as provided by this section until all rights of appeal have been exhausted, except as provided in §19.2-386.24. |