§ 52-11.4. Disposal of unclaimed property in the possession of State Police;exemption from the Uniform Disposition of Unclaimed Property Act.
The Department of State Police may provide for (i) the public sale inaccordance with the provisions of this section or (ii) the retention for useby the State Police or other law-enforcement agency of any unclaimed personalproperty that has been in the possession of the State Police and unclaimedfor a period of more than 60 days. For the purposes of this section,"unclaimed personal property" means any personal property, other thanfirearms or other weapons, belonging to another that has been acquired by alaw-enforcement officer pursuant to his duties, that is not needed in anycriminal prosecution, that has not been claimed by its rightful owner andthat the State Treasurer has indicated will be declined if remitted under theUniform Disposition of Unclaimed Property Act (§ 55-210.1 et seq.).
Prior to the sale or retention for use by the State Police of any unclaimedpersonal property, the Superintendent or his designee shall make reasonableattempts to (i) notify by mail the rightful owner of the property, (ii)obtain from the attorney for the Commonwealth of the jurisdiction in whichthe unclaimed item came into the possession of the State Police in writing astatement advising that the item is not needed in any criminal prosecution,(iii) cause to be published on the website maintained by the State Police fora period of 60 days notice that there will be a public display and sale ofunclaimed personal property, including property selected for retention by theState Police, which shall be described generally in the notice, together withthe date, time and place of the sale and shall be made available for publicviewing at the sale, and (iv) cause to be published in a newspaper of generalcirculation in the locality where the sale is to be held once a week for twosuccessive weeks prior to the sale, a notice that includes the date, time,place of the sale, general description of items to be sold and the StatePolice website address. The Superintendent or his designee shall pay from theproceeds of sale the costs of advertisement, removal, storage, investigationas to ownership and liens, and notice of sale. The balance of the funds shallbe held by the Superintendent or his designee for the owner and paid to theowner upon satisfactory proof of ownership. Any unclaimed item retained foruse by the State Police shall become the property of the Commonwealth and anyproperty provided to other law-enforcement agencies shall become the propertyof the locality served by the agency and shall be retained only if, in theopinion of the Superintendent or chief law-enforcement officer, there is alegitimate use for the property by the agency and that retention of the itemis a more economical alternative than purchase of a similar or equivalentitem.
If no claim has been made by the owner for the property or proceeds of suchsale within 60 days of the sale, the remaining funds shall be deposited inthe Literary Fund of the Commonwealth and the retained property may be placedinto use by the State Police or other law-enforcement agency. Any such ownershall be entitled to apply to the Commonwealth within one year from the dateof the sale and, if timely application is made therefor and satisfactoryproof of ownership of the funds or property is made, the Commonwealth shallpay the remaining proceeds of the sale or return the property to the ownerwithout interest or other charges or compensation. No claim shall be made norany suit, action or proceeding be instituted for the recovery of such fundsor property after one year from the date of the sale.
§ 52-11.4. Disposal of unclaimed property in the possession of State Police;exemption from the Uniform Disposition of Unclaimed Property Act.
The Department of State Police may provide for (i) the public sale inaccordance with the provisions of this section or (ii) the retention for useby the State Police or other law-enforcement agency of any unclaimed personalproperty that has been in the possession of the State Police and unclaimedfor a period of more than 60 days. For the purposes of this section,"unclaimed personal property" means any personal property, other thanfirearms or other weapons, belonging to another that has been acquired by alaw-enforcement officer pursuant to his duties, that is not needed in anycriminal prosecution, that has not been claimed by its rightful owner andthat the State Treasurer has indicated will be declined if remitted under theUniform Disposition of Unclaimed Property Act (§ 55-210.1 et seq.).
Prior to the sale or retention for use by the State Police of any unclaimedpersonal property, the Superintendent or his designee shall make reasonableattempts to (i) notify by mail the rightful owner of the property, (ii)obtain from the attorney for the Commonwealth of the jurisdiction in whichthe unclaimed item came into the possession of the State Police in writing astatement advising that the item is not needed in any criminal prosecution,(iii) cause to be published on the website maintained by the State Police fora period of 60 days notice that there will be a public display and sale ofunclaimed personal property, including property selected for retention by theState Police, which shall be described generally in the notice, together withthe date, time and place of the sale and shall be made available for publicviewing at the sale, and (iv) cause to be published in a newspaper of generalcirculation in the locality where the sale is to be held once a week for twosuccessive weeks prior to the sale, a notice that includes the date, time,place of the sale, general description of items to be sold and the StatePolice website address. The Superintendent or his designee shall pay from theproceeds of sale the costs of advertisement, removal, storage, investigationas to ownership and liens, and notice of sale. The balance of the funds shallbe held by the Superintendent or his designee for the owner and paid to theowner upon satisfactory proof of ownership. Any unclaimed item retained foruse by the State Police shall become the property of the Commonwealth and anyproperty provided to other law-enforcement agencies shall become the propertyof the locality served by the agency and shall be retained only if, in theopinion of the Superintendent or chief law-enforcement officer, there is alegitimate use for the property by the agency and that retention of the itemis a more economical alternative than purchase of a similar or equivalentitem.
If no claim has been made by the owner for the property or proceeds of suchsale within 60 days of the sale, the remaining funds shall be deposited inthe Literary Fund of the Commonwealth and the retained property may be placedinto use by the State Police or other law-enforcement agency. Any such ownershall be entitled to apply to the Commonwealth within one year from the dateof the sale and, if timely application is made therefor and satisfactoryproof of ownership of the funds or property is made, the Commonwealth shallpay the remaining proceeds of the sale or return the property to the ownerwithout interest or other charges or compensation. No claim shall be made norany suit, action or proceeding be instituted for the recovery of such fundsor property after one year from the date of the sale.
§ 52-11.4. Disposal of unclaimed property in the possession of State Police;exemption from the Uniform Disposition of Unclaimed Property Act.
The Department of State Police may provide for (i) the public sale inaccordance with the provisions of this section or (ii) the retention for useby the State Police or other law-enforcement agency of any unclaimed personalproperty that has been in the possession of the State Police and unclaimedfor a period of more than 60 days. For the purposes of this section,"unclaimed personal property" means any personal property, other thanfirearms or other weapons, belonging to another that has been acquired by alaw-enforcement officer pursuant to his duties, that is not needed in anycriminal prosecution, that has not been claimed by its rightful owner andthat the State Treasurer has indicated will be declined if remitted under theUniform Disposition of Unclaimed Property Act (§ 55-210.1 et seq.).
Prior to the sale or retention for use by the State Police of any unclaimedpersonal property, the Superintendent or his designee shall make reasonableattempts to (i) notify by mail the rightful owner of the property, (ii)obtain from the attorney for the Commonwealth of the jurisdiction in whichthe unclaimed item came into the possession of the State Police in writing astatement advising that the item is not needed in any criminal prosecution,(iii) cause to be published on the website maintained by the State Police fora period of 60 days notice that there will be a public display and sale ofunclaimed personal property, including property selected for retention by theState Police, which shall be described generally in the notice, together withthe date, time and place of the sale and shall be made available for publicviewing at the sale, and (iv) cause to be published in a newspaper of generalcirculation in the locality where the sale is to be held once a week for twosuccessive weeks prior to the sale, a notice that includes the date, time,place of the sale, general description of items to be sold and the StatePolice website address. The Superintendent or his designee shall pay from theproceeds of sale the costs of advertisement, removal, storage, investigationas to ownership and liens, and notice of sale. The balance of the funds shallbe held by the Superintendent or his designee for the owner and paid to theowner upon satisfactory proof of ownership. Any unclaimed item retained foruse by the State Police shall become the property of the Commonwealth and anyproperty provided to other law-enforcement agencies shall become the propertyof the locality served by the agency and shall be retained only if, in theopinion of the Superintendent or chief law-enforcement officer, there is alegitimate use for the property by the agency and that retention of the itemis a more economical alternative than purchase of a similar or equivalentitem.
If no claim has been made by the owner for the property or proceeds of suchsale within 60 days of the sale, the remaining funds shall be deposited inthe Literary Fund of the Commonwealth and the retained property may be placedinto use by the State Police or other law-enforcement agency. Any such ownershall be entitled to apply to the Commonwealth within one year from the dateof the sale and, if timely application is made therefor and satisfactoryproof of ownership of the funds or property is made, the Commonwealth shallpay the remaining proceeds of the sale or return the property to the ownerwithout interest or other charges or compensation. No claim shall be made norany suit, action or proceeding be instituted for the recovery of such fundsor property after one year from the date of the sale.
