Bill No.: HB0022                  Drafter:  JHR

LSO No.:  07LSO-0198              Effective Date:  7/1/2007

Enrolled Act No.:  HEA0111

Chapter No.:

Prime Sponsor:     Representative Gingery

Catch Title:       Law enforcement-disposal of property.

Subject:  Specifies property seized by law enforcement that may be disposed of summarily.

Summary/Major Elements:

· Under current law, a process for disposition of property seized by law enforcement agencies is specified in W.S. 7-2-105, for personal property, and in W.S. 35-7-1049, for controlled substances.

· This act specifies other personal property that may be disposed of summarily as follows:

· When the owner has been contacted and has declined to take possession of the property, provided:

· It is no longer needed as evidence to prosecute a case, or for appellate review of a case;

· In a misdemeanor case, after one year if no suspect has been identified or prosecution has not been pursued;

· In a felony case, after five years if no suspect has been identified or prosecution has not been pursued; or

· When the property is soiled, defective, demolished or waste;

· If the property has a value of $50.00 or less, after a specified period of time when the owner of the personal property cannot be located, or has not responded after contact was attempted, by the law enforcement agency;

· The act also provides that biological evidence relevant to a felony prosecution shall not be destroyed until the person convicted in the case has died.