HOUSE BILL REPORT

SB 5667

As Amended by the House

BYSenators Warnke, von Reichbauer and Lee

Revising procedures for disposition of personal property.

House Committe on Judiciary

Majority Report:  Do pass with amendments.  (11)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Brough, Hargrove, P. King, Meyers, Padden, Patrick, Schmidt, Scott and Wang.

House Staff:Bill Perry (786-7123)

AS PASSED HOUSE FEBRUARY 29, 1988

BACKGROUND:

Personal property that comes into the possession of law enforcement agencies in the course of their official duties, but is not being held as evidence, may be returned to the property's owner, or otherwise disposed of in a number of ways.  If the property has not been reclaimed within sixty days of its receipt by the agency, or within sixty days of written notice being sent to a known owner, then the agency may either sell the property at public auction, retain the property for use in the agency, trade the property for law enforcement equipment or destroy the property.

Destruction of held property is subject to certain limitations:  (1) The property must have been in the possession of the agency for at least one year; (2) The item must have been unclaimed for at least sixty days following required written notice to a known owner; and (3) The sheriff or police chief must determine that the property is unsafe and cannot be made safe for use by any member of the general public.

The sale of held property must be preceded by at least ten days notice to any known owner.  The notice must be by personal service.

SUMMARY:

The criteria are changed for determining when property held by a law enforcement agency may be destroyed. The requirement that the property be held for at least one year is eliminated.  Property may be destroyed if the police chief or sheriff determines that the following conditions exist:  (1) The property is worth less than the cost of selling it; (2) The property has been unclaimed for at least sixty days following required written notice to a known owner; and (3)  The sheriff or police chief has determined that the property is unsafe and cannot be made safe for use by any member of the general public.  If the owner of the property is known, written notice of the disposition which may be made of the property and the time the owner has to claim the property must be given.  In addition, the property may be destroyed following any required written notice to a known owner if the police chief or sheriff determines that it has been or may be used illegally.

The requirement for notice to a known owner ten days prior to the sale of property is removed.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    None Presented.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    None Presented.

House Committee - Testimony Against:      None Presented.