§ 9.1-1106. Disposal of certain hazardous materials.
Any material that is seized in any criminal investigation and that is deemedto be hazardous to health and safety, may be disposed of upon writtenapplication of the Department to the attorney for the Commonwealth in thecity or county where the material is seized or where any criminal prosecutionin which the material is proposed to be evidence is pending. Upon receiptthereof, the attorney for the Commonwealth shall file the application in thecircuit court of such county or city. A sworn analysis report signed by aperson designated by the Director of the Department shall accompany theapplication for disposal and shall clearly identify and designate thematerial to be disposed of. The application shall state the nature of thehazardous materials, the quantity thereof, the location where seized, theperson from whom the materials were seized, and the manner whereby thematerials shall be destroyed.
When the ownership of the hazardous material is known, notice shall be givento the owner at least three days prior to any hearing relating to thedestruction, and, if any criminal charge is pending in any court as a resultof the seizure, the notice shall be given to the accused if other than theowner.
Upon receipt of the analysis report and the application, the court may orderthe destruction of all, or a part of, the material. However, a sufficient andrepresentative quantity of the material shall be retained to permit anindependent analysis when a criminal prosecution may result from the seizure.A return under oath, reporting the time, place, and manner of destruction,shall be made to the courts. Copies of the analysis report, application,order, and return shall be made a part of the record of any criminalprosecution. The sworn analysis report shall be admissible as evidence to thesame extent as the disposed-of material would have been admissible.
§ 9.1-1106. Disposal of certain hazardous materials.
Any material that is seized in any criminal investigation and that is deemedto be hazardous to health and safety, may be disposed of upon writtenapplication of the Department to the attorney for the Commonwealth in thecity or county where the material is seized or where any criminal prosecutionin which the material is proposed to be evidence is pending. Upon receiptthereof, the attorney for the Commonwealth shall file the application in thecircuit court of such county or city. A sworn analysis report signed by aperson designated by the Director of the Department shall accompany theapplication for disposal and shall clearly identify and designate thematerial to be disposed of. The application shall state the nature of thehazardous materials, the quantity thereof, the location where seized, theperson from whom the materials were seized, and the manner whereby thematerials shall be destroyed.
When the ownership of the hazardous material is known, notice shall be givento the owner at least three days prior to any hearing relating to thedestruction, and, if any criminal charge is pending in any court as a resultof the seizure, the notice shall be given to the accused if other than theowner.
Upon receipt of the analysis report and the application, the court may orderthe destruction of all, or a part of, the material. However, a sufficient andrepresentative quantity of the material shall be retained to permit anindependent analysis when a criminal prosecution may result from the seizure.A return under oath, reporting the time, place, and manner of destruction,shall be made to the courts. Copies of the analysis report, application,order, and return shall be made a part of the record of any criminalprosecution. The sworn analysis report shall be admissible as evidence to thesame extent as the disposed-of material would have been admissible.
§ 9.1-1106. Disposal of certain hazardous materials.
Any material that is seized in any criminal investigation and that is deemedto be hazardous to health and safety, may be disposed of upon writtenapplication of the Department to the attorney for the Commonwealth in thecity or county where the material is seized or where any criminal prosecutionin which the material is proposed to be evidence is pending. Upon receiptthereof, the attorney for the Commonwealth shall file the application in thecircuit court of such county or city. A sworn analysis report signed by aperson designated by the Director of the Department shall accompany theapplication for disposal and shall clearly identify and designate thematerial to be disposed of. The application shall state the nature of thehazardous materials, the quantity thereof, the location where seized, theperson from whom the materials were seized, and the manner whereby thematerials shall be destroyed.
When the ownership of the hazardous material is known, notice shall be givento the owner at least three days prior to any hearing relating to thedestruction, and, if any criminal charge is pending in any court as a resultof the seizure, the notice shall be given to the accused if other than theowner.
Upon receipt of the analysis report and the application, the court may orderthe destruction of all, or a part of, the material. However, a sufficient andrepresentative quantity of the material shall be retained to permit anindependent analysis when a criminal prosecution may result from the seizure.A return under oath, reporting the time, place, and manner of destruction,shall be made to the courts. Copies of the analysis report, application,order, and return shall be made a part of the record of any criminalprosecution. The sworn analysis report shall be admissible as evidence to thesame extent as the disposed-of material would have been admissible.
