{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/9.1-1106.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/9.1-1106.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/9.1-1106.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/9.1-1106.html"}],"law_id":378531,"edition_id":2,"section_id":378531,"structure_id":53790,"section_number":"9.1-1106","catch_line":"Disposal of certain hazardous materials","history":"2005, cc. 868, 881.","full_text":"Any material that is seized in any criminal investigation and that is deemed to be hazardous to health and safety, may be disposed of upon written application of the Department to the attorney for the Commonwealth in the city or county where the material is seized or where any criminal prosecution in which the material is proposed to be evidence is pending. Upon receipt thereof, the attorney for the Commonwealth shall file the application in the circuit court of such county or city. A sworn analysis report signed by a person designated by the Director of the Department shall accompany the application for disposal and shall clearly identify and designate the material to be disposed of. The application shall state the nature of the hazardous materials, the quantity thereof, the location where seized, the person from whom the materials were seized, and the manner whereby the materials shall be destroyed.\n\nWhen the ownership of the hazardous material is known, notice shall be given to the owner at least three days prior to any hearing relating to the destruction, and, if any criminal charge is pending in any court as a result of the seizure, the notice shall be given to the accused if other than the owner.\n\nUpon receipt of the analysis report and the application, the court may order the destruction of all, or a part of, the material. However, a sufficient and representative quantity of the material shall be retained to permit an independent 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 criminal prosecution. The sworn analysis report shall be admissible as evidence to the same extent as the disposed-of material would have been admissible.\n\n","order_by":null,"text":{"0":{"id":1413463,"text":"Any material that is seized in any criminal investigation and that is deemed to be hazardous to health and safety, may be disposed of upon written application of the Department to the attorney for the Commonwealth in the city or county where the material is seized or where any criminal prosecution in which the material is proposed to be evidence is pending. Upon receipt thereof, the attorney for the Commonwealth shall file the application in the circuit court of such county or city. A sworn analysis report signed by a person designated by the Director of the Department shall accompany the application for disposal and shall clearly identify and designate the material to be disposed of. The application shall state the nature of the hazardous materials, the quantity thereof, the location where seized, the person from whom the materials were seized, and the manner whereby the materials shall be destroyed.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1413464,"text":"When the ownership of the hazardous material is known, notice shall be given to the owner at least three days prior to any hearing relating to the destruction, and, if any criminal charge is pending in any court as a result of the seizure, the notice shall be given to the accused if other than the owner.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"2":{"id":1413465,"text":"Upon receipt of the analysis report and the application, the court may order the destruction of all, or a part of, the material. However, a sufficient and representative quantity of the material shall be retained to permit an independent 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 criminal prosecution. The sworn analysis report shall be admissible as evidence to the same extent as the disposed-of material would have been admissible.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":53790,"edition_id":2,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":53789,"metadata":{"child_laws":12,"child_structures":0},"date_created":"2026-08-02 03:22:18","date_modified":"2026-08-02 12:28:43","permalink":{"id":1512107,"object_type":"structure","relational_id":53790,"identifier":"1","token":"9.1\/11\/1","url":"\/9.1\/11\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53789,"edition_id":2,"name":"Department of Forensic Science","identifier":"11","label":"chapter","depth":2,"order_by":11,"parent_id":53785,"metadata":{"child_laws":17,"child_structures":2},"date_created":"2026-08-02 03:22:18","date_modified":"2026-08-02 12:28:43","permalink":{"id":1512105,"object_type":"structure","relational_id":53789,"identifier":"11","token":"9.1\/11","url":"\/9.1\/11\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53785,"edition_id":2,"name":"Commonwealth Public Safety","identifier":"9.1","label":"title","depth":1,"order_by":36,"parent_id":null,"metadata":{"child_laws":258,"child_structures":36},"date_created":"2026-08-02 03:22:17","date_modified":"2026-08-02 12:28:39","permalink":{"id":1511489,"object_type":"structure","relational_id":53785,"identifier":"9.1","token":"9.1","url":"\/9.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":378523,"structure_id":53790,"section_number":"9.1-1100","catch_line":"Department of Forensic Science created; Director","url":"\/9.1-1100\/","token":"9.1\/11\/1\/9.1-1100","metadata":false},{"id":378522,"structure_id":53790,"section_number":"9.1-1100.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/9.1-1100.1\/","token":"9.1\/11\/1\/9.1-1100.1","metadata":{"court_decisions":""}},{"id":378526,"structure_id":53790,"section_number":"9.1-1101","catch_line":"Powers and duties of the Department","url":"\/9.1-1101\/","token":"9.1\/11\/1\/9.1-1101","metadata":false},{"id":378524,"structure_id":53790,"section_number":"9.1-1101.1","catch_line":"Purchase of forensic laboratory services","url":"\/9.1-1101.1\/","token":"9.1\/11\/1\/9.1-1101.1","metadata":{"court_decisions":""}},{"id":378525,"structure_id":53790,"section_number":"9.1-1101.2","catch_line":"Possession or transfer of unlawful items by Department employees while engaged in the performance of official duties","url":"\/9.1-1101.2\/","token":"9.1\/11\/1\/9.1-1101.2","metadata":false},{"id":378527,"structure_id":53790,"section_number":"9.1-1102","catch_line":"Department to be isolated; security and protection of evidence","url":"\/9.1-1102\/","token":"9.1\/11\/1\/9.1-1102","metadata":false},{"id":378528,"structure_id":53790,"section_number":"9.1-1103","catch_line":"Forensic Science Academy","url":"\/9.1-1103\/","token":"9.1\/11\/1\/9.1-1103","metadata":false},{"id":378529,"structure_id":53790,"section_number":"9.1-1104","catch_line":"Rights of accused person or his attorney to results of investigation or to investigation","url":"\/9.1-1104\/","token":"9.1\/11\/1\/9.1-1104","metadata":false},{"id":378530,"structure_id":53790,"section_number":"9.1-1105","catch_line":"Reexamination by independent experts","url":"\/9.1-1105\/","token":"9.1\/11\/1\/9.1-1105","metadata":false},{"id":378531,"structure_id":53790,"section_number":"9.1-1106","catch_line":"Disposal of certain hazardous materials","url":"\/9.1-1106\/","token":"9.1\/11\/1\/9.1-1106","metadata":false},{"id":378532,"structure_id":53790,"section_number":"9.1-1107","catch_line":"Disposal of certain other property after analysis","url":"\/9.1-1107\/","token":"9.1\/11\/1\/9.1-1107","metadata":false},{"id":378533,"structure_id":53790,"section_number":"9.1-1108","catch_line":"Disposal of property held by Department for more than 15 years","url":"\/9.1-1108\/","token":"9.1\/11\/1\/9.1-1108","metadata":false}],"previous_section":{"id":378530,"structure_id":53790,"section_number":"9.1-1105","catch_line":"Reexamination by independent experts","url":"\/9.1-1105\/","token":"9.1\/11\/1\/9.1-1105","metadata":false},"next_section":{"id":378532,"structure_id":53790,"section_number":"9.1-1107","catch_line":"Disposal of certain other property after analysis","url":"\/9.1-1107\/","token":"9.1\/11\/1\/9.1-1107","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/9.1-1106\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapters 868<\/a> and 881<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":378532,"section_number":"9.1-1107","catch_line":"Disposal of certain other property after analysis","order_by":null,"url":"\/9.1-1107\/"},{"id":378533,"section_number":"9.1-1108","catch_line":"Disposal of property held by Department for more than 15 years","order_by":null,"url":"\/9.1-1108\/"}],"refers_to":false,"permalink":{"id":1512145,"object_type":"law","relational_id":378531,"identifier":"9.1-1106","token":"9.1\/11\/1\/9.1-1106","url":"\/9.1-1106\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/9.1-1106\/","token":"9.1\/11\/1\/9.1-1106","dublin_core":{"Title":"Disposal of certain hazardous materials","Type":"Text","Format":"text\/html","Identifier":"\u00a7 9.1-1106","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any material<\/span> that is seized in any criminal investigation and that is deemed to be hazardous to health and safety, may be disposed of upon written application of the Department to the attorney for the Commonwealth in the city or county where the material<\/span> is seized or where any criminal prosecution<\/span> in which the material<\/span> is proposed to be evidence<\/span> is pending. Upon receipt thereof, the attorney for the Commonwealth shall file the application in the circuit<\/span> court<\/span> of such county or city. A sworn analysis report signed by a person designated by the Director of the Department shall accompany the application for disposal and shall clearly identify and designate the material<\/span> to be disposed of. The application shall state the nature of the hazardous materials<\/span>, the quantity thereof, the location where seized, the person from whom the materials<\/span> were seized, and the manner whereby the materials<\/span> shall be destroyed.<\/p>

When the ownership of the hazardous material<\/span> is known, notice shall be given to the owner at least three days prior to any hearing<\/span> relating to the destruction, and, if any criminal charge is pending in any court<\/span> as a result of the seizure, the notice shall be given to the accused<\/span> if other than the owner.<\/p>

Upon receipt of the analysis report and the application, the court<\/span> may order<\/span> the destruction of all, or a part of, the material<\/span>. However, a sufficient and representative quantity of the material<\/span> shall be retained to permit an independent analysis when a criminal prosecution<\/span> may result from the seizure. A return under oath<\/span>, reporting the time, place, and manner of destruction, shall be made to the courts<\/span>. Copies of the analysis report, application, order<\/span>, and return shall be made a part of the record of any criminal prosecution<\/span>. The sworn analysis report shall be admissible<\/span> as evidence<\/span> to the same extent as the disposed-of material<\/span> would have been admissible<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISPOSAL OF CERTAIN HAZARDOUS MATERIALS (\u00a7 9.1-1106)\n\nAny material that is seized in any criminal investigation and that is deemed to\nbe hazardous to health and safety, may be disposed of upon written application\nof the Department to the attorney for the Commonwealth in the city or county\nwhere the material is seized or where any criminal prosecution in which the\nmaterial is proposed to be evidence is pending. Upon receipt thereof, the\nattorney for the Commonwealth shall file the application in the circuit court of\nsuch county or city. A sworn analysis report signed by a person designated by\nthe Director of the Department shall accompany the application for disposal and\nshall clearly identify and designate the material to be disposed of. The\napplication shall state the nature of the hazardous materials, the quantity\nthereof, the location where seized, the person from whom the materials were\nseized, and the manner whereby the materials shall be destroyed.\n\nWhen the ownership of the hazardous material is known, notice shall be given to\nthe owner at least three days prior to any hearing relating to the destruction,\nand, if any criminal charge is pending in any court as a result of the seizure,\nthe notice shall be given to the accused if other than the owner.\n\nUpon receipt of the analysis report and the application, the court may order the\ndestruction of all, or a part of, the material. However, a sufficient and\nrepresentative quantity of the material shall be retained to permit an\nindependent analysis when a criminal prosecution may result from the seizure. A\nreturn under oath, reporting the time, place, and manner of destruction, shall\nbe made to the courts. Copies of the analysis report, application, order, and\nreturn shall be made a part of the record of any criminal prosecution. The sworn\nanalysis report shall be admissible as evidence to the same extent as the\ndisposed-of material would have been admissible.\n\nHISTORY: 2005, cc. 868, 881.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}