Introduced Version
House Bill 2632 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2632
(By Delegates Doyle, Farris, Fleischauer, Jenkins and Walters )
[Introduced March 20, 1997; referred to the Committee on the Judiciary .]
A BILL to amend chapter thirty-six of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article eight-A, relating
to unclaimed stolen property held by law-enforcement
agencies; setting forth definitions; requiring law- enforcement agencies to file reports on unclaimed stolen
property with state treasurer; requiring treasurer to
evaluate reports and issue responses to law-enforcement
agencies; providing for the sale or donation of such
property to non-profit organizations; authorizing law- enforcement agencies to retain the proceeds of a public sale
of such property conducted by the law-enforcement agency;
requiring the treasurer to deposit into the general revenue
fund the proceeds of a public sale of such property
conducted by the treasurer; authorizing law-enforcement agencies to trade in unclaimed stolen firearms and
ammunition of sufficient quality on new weapons and
ammunition; requiring that unclaimed stolen firearms and
ammunition of poor quality be delivered to the treasurer for
destruction; and providing immunity to law-enforcement
agencies acting in compliance with this article.
Be it enacted by the Legislature of West Virginia:
That chapter thirty-six of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated eight-A, to read as
follows:
ARTICLE 8A. UNCLAIMED STOLEN PROPERTY HELD BY LAW-ENFORCEMENT
AGENCIES.
§36-8A-1. Definitions.
For purposes of this article, unless a different meaning
clearly appears in the context:
(1) "Chief executive" means the superintendent of the state
police; the chief conservation officer of the division of natural
resources; the sheriff of any West Virginia county; or the chief
of any West Virginia municipal law-enforcement agency;
(2) "Item" means any item of unclaimed stolen property or
any group of similar items considered together for purposes of
reporting, donation, sale or destruction under this article.
(3) "Law-enforcement agency" means any duly authorized
state, county or municipal organization of the state of West
Virginia employing one or more persons whose responsibility is
the enforcement of laws of the state or any county or
municipality thereof: Provided, That neither the Hatfield-McCoy
regional recreation authority nor any state institution of higher
education may be deemed a law-enforcement agency.
(4) "Non-profit organization" means (i) any non-profit
charitable organization or (ii) any agency of the state of West
Virginia the purpose of which is to provide health, recreational
or educational services to citizens of the state of West
Virginia.
(5) "Stolen property" means any tangible personal property,
including cash and coins, which is confiscated by or otherwise
comes into the custody of a law-enforcement agency during the
course of a criminal investigation or the performance of any other authorized law-enforcement activity, whether or not the
property was or can be proven to have been stolen.
(6) "Treasurer" means the state treasurer or his or her
authorized designee for purposes of the administration of this
article.
(7) "Unclaimed stolen property" is stolen property:
(a) which has been held by a law-enforcement agency for at
least six months, during which time the rightful owner has not
claimed it;
(b) for which the chief executive determines that there is
no reasonable likelihood of its being returned to its rightful
owner; and
(c) which the chief executive determines to have no
evidentiary value.
§36-8A-2. Unclaimed stolen property reports.
(a) Prior to the first day of September, one thousand nine
hundred and ninety-seven and on or before first day of September
of each succeeding year, each law-enforcement agency which has
unclaimed stolen property in its possession shall file an
unclaimed stolen property report with the treasurer which
identifies all unclaimed stolen property in its possession at the time the report is filed.
(b) An unclaimed stolen property report shall include the
following information with respect to all unclaimed stolen
property in the possession of the law-enforcement agency filing
it:
(1) a description of each item;
(2) an estimated value for each item;
(3) whether any non-profit organization has requested that
any item be donated to it and whether any non-profit organization
might be considered to receive the item as a donation;
(4) the chief executive's recommendation for the disposition
of each item; and
(5) if any unclaimed stolen property in the law-enforcement
agency's possession consists of firearms or ammunition, the chief
executive's determination of whether the firearms or ammunition
are of a sufficient quality to be traded in on new weapons or
ammunition for the law-enforcement agency.
§36-8A-3. Treasurer's response to unclaimed stolen property
report.
Within thirty days of the receipt of an unclaimed stolen
property report, the treasurer shall send a response to the law-enforcement agency submitting it. For each item identified in
the unclaimed stolen property report except firearms and
ammunition which the chief executive determined to be of
sufficient quality to trade in on new weapons or ammunition, the
treasurer shall either require that it be delivered to the
treasurer, authorize the law-enforcement agency to sell it at a
public sale, authorize the law-enforcement agency to donate it to
a non-profit organization, or authorize the law-enforcement
agency either to sell it at a public sale or to donate it to a
non-profit organization. However, the treasurer may not
authorize the law-enforcement agency to sell or donate any
firearms or ammunition. If the treasurer determines that any
item identified in an unclaimed stolen property report is of such
value that it should be processed by the treasurer's office, the
treasurer shall have the authority to require that the item be
delivered to the treasurer.
§36-8A-4. Disposition of unclaimed stolen property other than
firearms and ammunition.
(a) Within ninety days of receipt of the treasurer's
response required by section three of this article, the law- enforcement agency shall dispose of all items identified in the treasurer's response except unclaimed stolen firearms and ammunition in the manner set forth in this section.
(b) If the treasurer's report requires the law-enforcement
agency to deliver any item to the treasurer, the chief executive
shall cause the item to be so delivered.
Within three years
after receiving the item from the law-enforcement agency, the
treasurer shall sell it to the highest bidder at public sale at
a location in the state which in the judgment of the treasurer
affords the most favorable market for the property. The
treasurer may decline the highest bid and reoffer the property
for sale if the treasurer considers the bid to be insufficient.
The treasurer need not offer the property for sale if the
treasurer considers that the probable cost of sale will exceed
the proceeds of the sale. A sale held under this subsection must
be preceded by a single publication of notice, at least three
weeks before sale, in a newspaper of general circulation in the
county in which the property is to be sold.
(c) If the treasurer's response authorizes the law- enforcement agency to sell any item at a public sale, the chief
executive shall retain an auctioneer licensed by the state of
West Virginia to conduct the sale. The licensed auctioneer shall
sell the item to the highest bidder at a location which in the judgment of the chief executive affords the most favorable market
for the items. A sale under this subsection must be preceded by
a single publication of notice, at least three weeks before the
sale, in a newspaper of general circulation in the county in
which the property is to be sold. The chief executive shall
retain the proceeds of any public sale under this subsection for
the use of the law-enforcement agency.
(d) If the treasurer's response authorizes the law- enforcement agency to donate any item to a non-profit
organization, the chief executive shall cause the item to be so
donated.
(e) If the treasurer's response authorizes the law- enforcement agency either to sell any item at a public sale or to
donate it to a non-profit organization, the chief executive may
cause the item either to be sold or donated as provided in this
section. However, the chief executive shall first attempt to
donate the item as provided in subsection (d) of this section
before selling it at a public sale as provided in subsection (c)
of this section.
§36-8A-5 Trade-in of unclaimed stolen firearms and ammunition.
(a) If the chief executive determined in the law-enforcement agency's unclaimed stolen property report that any firearms or
ammunition in the law-enforcement agency's possession are not of
a sufficient quality to be traded in on new weapons or ammunition
for the agency, the chief executive shall cause the firearms or
ammunition to be delivered to the treasurer for destruction.
(b) If the chief executive determined in the law-enforcement
agency's unclaimed stolen property report that any firearms or
ammunition in the law-enforcement agency's possession are of a
sufficient quality to be traded in on new weapons or ammunition
for the agency, the chief executive shall cause the firearms or
ammunition to be traded in on new weapons or ammunition. After
any such transaction, the law-enforcement agency shall file a
report with the treasurer and the state tax department on the
transaction.
§36-8A-6. Deposit of funds.
(a) The treasurer shall promptly deposit in the general
revenue fund of this state all proceeds of any public sale of
unclaimed stolen property conducted by the treasurer under
subsection (b), section four of this article.
(b) Before making a deposit to the credit of the general
revenue fund, the treasurer may deduct the expenses of any the related public sale conducted by the treasurer in connec.
(c) The treasurer may deduct the accumulated expenses
incurred in the destruction of unclaimed stolen firearms and
ammunition under this article from any deposit made under
subsection (a) of this section.
§36-8A-7. Immunity of law-enforcement agencies.
If a law-enforcement agency delivers, sells, or donates any
item of unclaimed stolen property in good faith and in accordance
with the provisions of this article, the law-enforcement agency
and its chief executive, officers and employees involved in the
delivery, sale or donation shall be immune from any subsequent
claim of a person who purports to be the true owner of the item
and who did not claim the item prior to the delivery, sale or
donation.
NOTE: The purpose of this bill is to provide for the sale or
donation of unclaimed stolen property in the possession of law- enforcement agencies. The bill would require that law- enforcement agencies report on such property to the state
treasurer. The treasurer would either require that the property
be remitted for sale by the treasurer or authorize the law- enforcement agency to sell it or donate it to a non-profit
organization. Any proceeds from the public sale of such property
would either be deposited in the state's general revenue fund or
be retained by the law-enforcement agency. Law-enforcement
agencies complying with the provisions of the article would be
entitled to immunity from the claims of the true owner of such
property who failed to claim it before its sale or donation under
the article.
This is a new article; therefore, underlining and
strikethroughs have been omitted.