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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 19.2-270.1 and 19.2-270.2 of the Code of Virginia are amended and reenacted as follows:
§ 19.2-270.1. Use of photographs as evidence in certain larceny and burglary prosecutions.
In any prosecution for larceny under the provisions of §§ 18.2-95
or §, 18.2-96 or § 18.2-98, or for shoplifting under the
provisions of § 18.2-103, or for burglary under the provisions of §§ 18.2-89,
18.2-90, 18.2-91 or § 18.2-92, photographs of the goods or,
merchandise, money or securities alleged to have been taken or
converted shall be deemed competent evidence of such goods or,
merchandise, money or securities and shall be admissible in any
proceeding, hearing or trial of the case to the same extent as if such
goods and, merchandise, money or securities had been
introduced as evidence. Such photographs shall bear a written description of
the goods or, merchandise, money or securities alleged
to have been taken or converted, the name of the owner of such goods
or, merchandise, money or securities and the manner of the
identification of same by such owner, or the name of the place wherein the
alleged offense occurred, the name of the accused, the name of the arresting
or investigating police officer or conservator of the peace, the date of the
photograph and the name of the photographer. Such writing shall be made under
oath by the arresting or investigating police officer or conservator of the
peace, and the photographs identified by the signature of the photographer.
Upon the filing of such photograph and writing with the police authority or
court holding such goods and merchandise as evidence, such goods or
merchandise shall be returned to their owner, or the proprietor or manager of
the store or establishment wherein the alleged offense occurred.
§ 19.2-270.2. Disposition of money, securities or documents seized upon arrest, etc., and pertinent as evidence.
A. When in the course of investigation or arrest, the investigating or
arresting officer shall seize or come into the possession of moneys, cash, or
negotiable or nonnegotiable instruments or securities, hereinafter called
"moneys or securities," taken or retained unlawfully from a financial
institution or other person, and such moneys or securities, or a portion
thereof, shall be pertinent evidence in a pending prosecution or appeal
therefrom, the officer or agency having possession thereof, may retain,
pending such prosecution or appeal thereof, sufficient of such moneys or
securities as shall be necessary to prove the crime of grand larceny or other
crimes requiring a specific amount in value. The court upon motion of the
attorney for the Commonwealth and for good cause shown may order the release
of all moneys or securities, subject to the provisions of this section.
The remaining excess moneys or securities, if any, may be released to
the owner thereof, upon proper receipt therefor, which release shall be with
the consent of the attorney for the Commonwealth. The officer or court
agency authorizing such release shall make an appropriate record of
such moneys or securities released, including designation or copying of
serial numbers, and such record or receipt shall be admissible into evidence
in any proceeding, hearing or trial of the case to the same extent as if such
moneys or securities had been introduced. Such record or receipt shall
contain the name of the financial institution or person from whom such moneys
or securities were taken, the place from which taken, the name of the
accused, and the name of the arresting officer or officers coming into
initial possession of such moneys or securities. Pictures shall be taken of
any instruments or securities and such pictures shall be attached to the
receipt or record above and shall contain further, in the case of such
copying, the date of the photograph and the name of the photographer.
B. When in the course of investigation or arrest, the investigating or arresting officer seizes or comes into the possession of moneys or securities under the provisions of this section, and such moneys or securities, or a portion thereof, are introduced as an exhibit in a prosecution or appeal therefrom, the court may, with the consent of the attorney for the Commonwealth, authorize the clerk of the circuit court, upon all appeal rights being exhausted, to deposit such moneys or cash in an interest-bearing account.