Section 1

Sec. 1-15. Unclaimed property in possession of sheriff.

(a) Definitions. For the purposes of this section "unclaimed personal property" or "unclaimed property" shall mean any personal property belonging to another which has been acquired by a law-enforcement officer pursuant to his duties, which is not needed in any criminal prosecution, which has not been claimed by its rightful owner, and which the state treasurer has indicated will be declined if remitted under the Uniform Disposition of Unclaimed Property Act (section 55-210.1 et seq., Code of Virginia).

(b) Disposal of unclaimed property; procedures:

(1) Any unclaimed personal property which has been in the possession of the sheriff's department and unclaimed for more than sixty (60) days shall be sold. Such sale shall be in accordance with the provisions of subsection (b)(2) below.

(2) Prior to the sale of any unclaimed property, the sheriff or his duly authorized agent shall:

a. Make reasonable attempts to notify the rightful owner of the property;

b. Obtain from the attorney for the Commonwealth in writing a statement advising that the item is not needed in any criminal prosecution; and

c. Cause to be published, in a newspaper of general circulation in the county, once a week for two (2) successive weeks, notice that there will be a public sale of unclaimed personal property. Such property shall be described generally in the notice, together with the date, time and place of the sale.

(1) Proceeds of any sale conducted pursuant to paragraph (b) above shall be used to pay the costs of advertisement and notice of such sale, costs of removal and storage of the unclaimed property, and costs of investigation as to ownership of and liens on the unclaimed property. The balance of the funds shall be held by the sheriff for the owner and paid to the owner upon satisfactory proof of ownership.

(2) If no claim has been made by the owner for the proceeds of such sale within sixty (60) days of the sale, the remaining funds shall be deposited in the general fund of the county. Any such owner shall be entitled to apply to the county within three (3) years from the date of the sale. If timely application is made therefore, the county shall pay the remaining proceeds of the sale to the owner without interest or other charges. No claim shall be made nor any suit, action or proceeding be instituted for the recovery of such funds after three (3) years from the date of the sale.