22-2512.Custody and disposition of propertyseized.(1) Property seized under a search warrant or validly seized without awarrant shall be safely kept by the officer seizing the same unlessotherwise directed by the magistrate, and shall be so kept as long asnecessary for the purpose of being produced as evidence on any trial. Theproperty seized may not be taken from the officer having it in custody solong as it is or may be required as evidence in any trial. The officerseizing the property shall give a receipt to the person detained orarrested particularly describing each article of property being held andshall file a copy of such receipt with the magistrate before whom theperson detained or arrested is taken. Where seized property is no longerrequired as evidence in the prosecution of any indictment orinformation, the court which has jurisdiction of such property maytransfer the same to the jurisdiction of any other court, including courtsof another state or federal courts, where it is shown to the satisfactionof the court that such property is required as evidence in any prosecutionin such other court.
(2) (a) Notwithstanding the provisions of subsection (1) and with theapproval of the affected court, any law enforcement officer who seizeshazardous materials as evidence related to a criminal investigation may collectrepresentative samples of such hazardous materials, and lawfully destroy ordispose of,or direct another person to lawfully destroy or dispose of the remainingquantity ofsuch hazardous materials.
(b) In any prosecution, representative samples of hazardous materialsaccompanied by photographs, videotapes, laboratory analysis reports or othermeans used to verify and document the identity and quantity of the materialshall be deemed competent evidence of such hazardous materials and shall beadmissible in any proceeding, hearing or trial as if such materials had beenintroduced as evidence.
(c) As used in this section, the term "hazardous materials" means anysubstance which is capable of posing an unreasonable risk to health, safety andproperty. It shall include any substance which by its nature is explosive,flammable, corrosive, poisonous, radioactive, a biological hazard or a materialwhich may cause spontaneous combustion. It shall include, but not be limitedto, substances listed in the table of hazardous materials contained in the codeof federal regulations title 49 and national fire protection association's fireprotection guide on hazardous materials.
(d) The provisions of this subsection shall not apply to ammunition andcomponents thereof.
(3) When property seized is no longer required as evidence,it shallbe disposed of as follows:
(a) Property stolen, embezzled, obtained by false pretenses,or otherwise obtained unlawfully from the rightful owner thereof shall berestored to the owner;
(b) money shall be restored to the owner unless it was contained ina slot machine or otherwise used in unlawful gambling or lotteries, inwhich case it shall be forfeited, and shall be paid to the state treasurerpursuant to K.S.A. 20-2801, and amendments thereto;
(c) property which is unclaimed or the ownership of which is unknownshall be sold at public auction to be held by the sheriff and the proceeds,less the cost of sale and any storage charges incurred in preserving it,shall be paid to the state treasurer pursuant to K.S.A. 20-2801, and amendmentsthereto;
(d) articles of contraband shall be destroyed, except that any sucharticles the disposition of which is otherwise provided by law shall bedealt with as so provided and any such articles the disposition of which isnot otherwise provided by law and which may be capable of innocent usemay in the discretion of the court be sold and the proceeds disposed of asprovided in subsection (2)(b);
(e) firearms, ammunition, explosives, bombs and like devices,which have been used in the commission of crime, may be returned to therightful owner, or in the discretion of the court having jurisdiction of theproperty, destroyed or forfeited to the Kansas bureau of investigation asprovided in K.S.A. 21-4206 and amendments thereto;
(f) controlled substances forfeited for violations of K.S.A. 2009 Supp.21-36a01 through 21-36a17, and amendmentsthereto, shall be dealt with as provided under K.S.A.60-4101 through 60-4126, andamendments thereto;
(g) unless otherwise provided by law, all other property shall bedisposed of in such manner as the court in its sound discretion shall direct.
22-2512.Custody and disposition of propertyseized.(1) Property seized under a search warrant or validly seized without awarrant shall be safely kept by the officer seizing the same unlessotherwise directed by the magistrate, and shall be so kept as long asnecessary for the purpose of being produced as evidence on any trial. Theproperty seized may not be taken from the officer having it in custody solong as it is or may be required as evidence in any trial. The officerseizing the property shall give a receipt to the person detained orarrested particularly describing each article of property being held andshall file a copy of such receipt with the magistrate before whom theperson detained or arrested is taken. Where seized property is no longerrequired as evidence in the prosecution of any indictment orinformation, the court which has jurisdiction of such property maytransfer the same to the jurisdiction of any other court, including courtsof another state or federal courts, where it is shown to the satisfactionof the court that such property is required as evidence in any prosecutionin such other court.
(2) (a) Notwithstanding the provisions of subsection (1) and with theapproval of the affected court, any law enforcement officer who seizeshazardous materials as evidence related to a criminal investigation may collectrepresentative samples of such hazardous materials, and lawfully destroy ordispose of,or direct another person to lawfully destroy or dispose of the remainingquantity ofsuch hazardous materials.
(b) In any prosecution, representative samples of hazardous materialsaccompanied by photographs, videotapes, laboratory analysis reports or othermeans used to verify and document the identity and quantity of the materialshall be deemed competent evidence of such hazardous materials and shall beadmissible in any proceeding, hearing or trial as if such materials had beenintroduced as evidence.
(c) As used in this section, the term "hazardous materials" means anysubstance which is capable of posing an unreasonable risk to health, safety andproperty. It shall include any substance which by its nature is explosive,flammable, corrosive, poisonous, radioactive, a biological hazard or a materialwhich may cause spontaneous combustion. It shall include, but not be limitedto, substances listed in the table of hazardous materials contained in the codeof federal regulations title 49 and national fire protection association's fireprotection guide on hazardous materials.
(d) The provisions of this subsection shall not apply to ammunition andcomponents thereof.
(3) When property seized is no longer required as evidence,it shallbe disposed of as follows:
(a) Property stolen, embezzled, obtained by false pretenses,or otherwise obtained unlawfully from the rightful owner thereof shall berestored to the owner;
(b) money shall be restored to the owner unless it was contained ina slot machine or otherwise used in unlawful gambling or lotteries, inwhich case it shall be forfeited, and shall be paid to the state treasurerpursuant to K.S.A. 20-2801, and amendments thereto;
(c) property which is unclaimed or the ownership of which is unknownshall be sold at public auction to be held by the sheriff and the proceeds,less the cost of sale and any storage charges incurred in preserving it,shall be paid to the state treasurer pursuant to K.S.A. 20-2801, and amendmentsthereto;
(d) articles of contraband shall be destroyed, except that any sucharticles the disposition of which is otherwise provided by law shall bedealt with as so provided and any such articles the disposition of which isnot otherwise provided by law and which may be capable of innocent usemay in the discretion of the court be sold and the proceeds disposed of asprovided in subsection (2)(b);
(e) firearms, ammunition, explosives, bombs and like devices,which have been used in the commission of crime, may be returned to therightful owner, or in the discretion of the court having jurisdiction of theproperty, destroyed or forfeited to the Kansas bureau of investigation asprovided in K.S.A. 21-4206 and amendments thereto;
(f) controlled substances forfeited for violations of K.S.A. 2009 Supp.21-36a01 through 21-36a17, and amendmentsthereto, shall be dealt with as provided under K.S.A.60-4101 through 60-4126, andamendments thereto;
(g) unless otherwise provided by law, all other property shall bedisposed of in such manner as the court in its sound discretion shall direct.
22-2512.Custody and disposition of propertyseized.(1) Property seized under a search warrant or validly seized without awarrant shall be safely kept by the officer seizing the same unlessotherwise directed by the magistrate, and shall be so kept as long asnecessary for the purpose of being produced as evidence on any trial. Theproperty seized may not be taken from the officer having it in custody solong as it is or may be required as evidence in any trial. The officerseizing the property shall give a receipt to the person detained orarrested particularly describing each article of property being held andshall file a copy of such receipt with the magistrate before whom theperson detained or arrested is taken. Where seized property is no longerrequired as evidence in the prosecution of any indictment orinformation, the court which has jurisdiction of such property maytransfer the same to the jurisdiction of any other court, including courtsof another state or federal courts, where it is shown to the satisfactionof the court that such property is required as evidence in any prosecutionin such other court.
(2) (a) Notwithstanding the provisions of subsection (1) and with theapproval of the affected court, any law enforcement officer who seizeshazardous materials as evidence related to a criminal investigation may collectrepresentative samples of such hazardous materials, and lawfully destroy ordispose of,or direct another person to lawfully destroy or dispose of the remainingquantity ofsuch hazardous materials.
(b) In any prosecution, representative samples of hazardous materialsaccompanied by photographs, videotapes, laboratory analysis reports or othermeans used to verify and document the identity and quantity of the materialshall be deemed competent evidence of such hazardous materials and shall beadmissible in any proceeding, hearing or trial as if such materials had beenintroduced as evidence.
(c) As used in this section, the term "hazardous materials" means anysubstance which is capable of posing an unreasonable risk to health, safety andproperty. It shall include any substance which by its nature is explosive,flammable, corrosive, poisonous, radioactive, a biological hazard or a materialwhich may cause spontaneous combustion. It shall include, but not be limitedto, substances listed in the table of hazardous materials contained in the codeof federal regulations title 49 and national fire protection association's fireprotection guide on hazardous materials.
(d) The provisions of this subsection shall not apply to ammunition andcomponents thereof.
(3) When property seized is no longer required as evidence,it shallbe disposed of as follows:
(a) Property stolen, embezzled, obtained by false pretenses,or otherwise obtained unlawfully from the rightful owner thereof shall berestored to the owner;
(b) money shall be restored to the owner unless it was contained ina slot machine or otherwise used in unlawful gambling or lotteries, inwhich case it shall be forfeited, and shall be paid to the state treasurerpursuant to K.S.A. 20-2801, and amendments thereto;
(c) property which is unclaimed or the ownership of which is unknownshall be sold at public auction to be held by the sheriff and the proceeds,less the cost of sale and any storage charges incurred in preserving it,shall be paid to the state treasurer pursuant to K.S.A. 20-2801, and amendmentsthereto;
(d) articles of contraband shall be destroyed, except that any sucharticles the disposition of which is otherwise provided by law shall bedealt with as so provided and any such articles the disposition of which isnot otherwise provided by law and which may be capable of innocent usemay in the discretion of the court be sold and the proceeds disposed of asprovided in subsection (2)(b);
(e) firearms, ammunition, explosives, bombs and like devices,which have been used in the commission of crime, may be returned to therightful owner, or in the discretion of the court having jurisdiction of theproperty, destroyed or forfeited to the Kansas bureau of investigation asprovided in K.S.A. 21-4206 and amendments thereto;
(f) controlled substances forfeited for violations of K.S.A. 2009 Supp.21-36a01 through 21-36a17, and amendmentsthereto, shall be dealt with as provided under K.S.A.60-4101 through 60-4126, andamendments thereto;
(g) unless otherwise provided by law, all other property shall bedisposed of in such manner as the court in its sound discretion shall direct.
