ENROLLED
Senate Bill No. 589
(By Senators Wooton, Anderson, Buckalew, Deem, Dittmar, Grubb,
Oliverio, Ross, Scott and Yoder)
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[Passed March 7, 1996; in effect ninety days from passage.]
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AN ACT to amend article eight, chapter thirty-six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section eight-c, relating to law-enforcement disposition of unclaimed personal property consisting of children's toys and certain sporting goods.

Be it enacted by the Legislature of West Virginia:
That article eight, chapter thirty-six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section eight- c, to read as follows:
ARTICLE 8. UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT.

§36-8-8c.
Disposition of unclaimed stolen toys and certain sporting goods.

Notwithstanding any provision of this code to the contrary, whenever a state, county or local law-enforcement agency has in its possession unclaimed stolen property consisting of children's toys or certain sporting goods, that agency may donate the property to any nonprofit organization or agency which provides services to children if the chief law-enforcement officer of the agency determines that the property has no evidentiary value, and also determines that there is no reasonable likelihood that the property can be returned to its rightful owner. The sporting goods which may be donated include, but are not limited to, such items as bicycles, tricycles, fishing equipment and equipment related to the games of football, baseball, basketball, hockey, track and field and soccer. It shall not include such items as hunting rifles or other hunting equipment, knives and motorboats. The chief law- enforcement officer of the agency which possesses the unclaimed stolen property shall use his or her discretion in determining whether certain property would be appropriate to give to children.