Bill Text: VA SB406 | 2018 | Regular Session | Chaptered
Bill Title: Unclaimed personal property; disposal of property in possession of the Division of Capitol Police.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-03-30 - Governor: Acts of Assembly Chapter text (CHAP0581) [SB406 Detail]
Download: Virginia-2018-SB406-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §30-34.2:2 of the Code of Virginia is amended and reenacted as follows:
§30-34.2:2. Disposal of unclaimed firearms, other weapons, or other unclaimed personal property in possession of the Division of Capitol Police.
Subject to the provisions of §19.2-386.29, the Division of Capitol Police may destroy unclaimed firearms and other weapons, and may lawfully dispose of other unclaimed personal property, that have been in the possession of the Division for a period of more than 120 days. For the purposes of this section, "unclaimed firearms and other weapons" means any firearm or other weapon belonging to another that has been acquired by a law-enforcement officer pursuant to his duties, that is not needed in any criminal prosecution, that has not been claimed by its rightful owner, and that the State Treasurer has indicated will be declined if remitted under the Uniform Disposition of Unclaimed Property Act (§55-210.1 et seq.), and "unclaimed personal property" means any personal property belonging to another that has been acquired by a law-enforcement officer pursuant to his duties, that is not needed in any criminal prosecution, that has not been claimed by its rightful owner, and that the State Treasurer has indicated will be declined if remitted under the Uniform Disposition of Unclaimed Property Act (§55-210.1 et seq.).
At the discretion of the chief of police or his designee, the
Division of Capitol Police may destroy unclaimed firearms or other weapons
may be destroyed by any means that renders the firearms or other weapons
permanently inoperable and may lawfully dispose of other unclaimed personal
property. Prior to the destruction of such unclaimed firearms or
other weapons or disposal of such other unclaimed personal property, the
chief of police or his designee shall (i) make reasonable attempts to notify by
mail the rightful owner of the property and (ii) obtain from the attorney for
the Commonwealth of the jurisdiction from which the unclaimed item came into
the possession of the Division of Capitol Police in writing a statement
advising that the item is not needed in any criminal prosecution. The
Division may dispose of an unclaimed bicycle, electric personal assistive
mobility device, electric power-assisted bicycle, or moped in accordance with
the provisions of §15.2-1720.
In lieu of destroying any such unclaimed firearm, the chief of police or his designee may donate the firearm to the Department of Forensic Science, upon agreement of the Department.
