LAW ENFORCEMENT FREQUENTLY ASKED QUESTIONS:

What is Unclaimed Stolen Property?

§36-8A-1 defines “Stolen Property” as any tangible personal property, including cash and coins, which is confiscated by or otherwise comes into the custody of a law-enforcement agency during the course of a criminal investigation or the performance of any other authorized law-enforcement activity, whether or not the property was or can be proven to have been stolen.

Who must report?

§36-8A-1 defines “Law-enforcement Agency” as any duly authorized state, county or municipal organization of the state of West Virginia employing one or more persons whose responsibility is the enforcement of laws of the state or any county or municipality thereof. This would include the Department of Public Safety, Sheriff’s Departments, City Police Departments, the Division of Natural Resources and Airport Authorities.

When are reports due?

All law-enforcement agencies must file an Unclaimed Stolen Property Report on or before the first day of September of each year. A report of unclaimed stolen property may be tendered to the Treasurer at any time after it has been held by a law-enforcement agency for six months, during which time the rightful owner has not claimed it.

What property should be reported?

Law-enforcement agencies must report any unclaimed stolen property which has been held for at least six months, which the chief executive has determined that there is no reasonable likelihood of its being returned to its rightful owner, and which the chief executive has determined to have no evidentiary value. 

Is a report required if no property is held?

Any law-enforcement agency not holding any unclaimed stolen property should complete form UP-8A-2 and mark the appropriate check-box. 

Can we appropriate cash for agency use?

No. All cash or currency must be escheated to the Treasurer's Office and will be deposited in the general revenue fund.




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