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Home » US Law » 2022 West Virginia Code » Chapter 36. Estates and Property » 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: (a) "Chief executive" means the Superintendent of the State Police; the chief natural resources police 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. (b) "Item" […]

§36-8A-2. Unclaimed Stolen Property Reports

(a) On or before September 1, of each 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 […]

§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, the Treasurer shall either require that it be delivered to the Treasurer, authorize the law-enforcement agency to sell it at a […]

§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 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 […]

§36-8A-5. Regarding the Disposition of Firearms in State Custody

(a) Except as provided in section three of this article, subject to the duty to return firearms to innocent owners pursuant to subsection (b) of this section, all firearms, as defined in section two, article seven, chapter sixty-one of this code, that are forfeited or abandoned to any law-enforcement agency of this state or a […]

§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 […]

§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 […]