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Kentucky · Snapshot 09/05/2026

KRS 95.435: Custody and disposition of property taken by the police department of city

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Where this section sits in the code
  1. KRS Chapter 95

of home rule class or urban-county government.

(1) The police department in cities of the home rule class and urban -county

governments shall take charge of property, within th eir jurisdiction, alleged to be or

suspected of being the proceeds of crime, property taken from the person of a

prisoner, lost or abandoned property taken into the custody of any member of the

police force or criminal court, and property taken from person s supposed to be

insane, intoxicated or otherwise incapable of taking care of themselves. The officer

or court having custody of such property shall as soon as practicable deliver it into

the custody of the police department.

(2) All such property shall be particularly described and registered by the police

department in a book kept for that purpose, containing the name of the owner, if

ascertained, the place where found, the name of the person from whom taken, with

the general circumstances, the date of it s receipt, the name of the officer recovering

the property, the names of all claimants thereto, and any final disposition of the

property. The police department shall advertise the property pursuant to KRS

Chapter 424 for the information of the public as t o the amount and disposition of

the property.

(3) If any property in the custody of the police department is desired as evidence in any

criminal court, such property shall be delivered to any officer who presents an order

to that effect from the court. Suc h property shall not be retained in the court but

shall be returned to the police department.

(4) All property except firearms that remains in the custody of the police department for

three (3) months, without any lawful claimant thereto, may be sold at public auction

in a suitable room designated for that purpose after having been advertised pursuant

to KRS Chapter 424. The proceeds of such sales shall be paid into the police and

firefighters' pension fund of said city or urban -county government if the cit y or

urban-county government has a pension fund with active members or beneficiaries.

If the city or urban -county government does not maintain a policemen's and

firefighters' pension fund or no longer has active members or beneficiaries, then the

proceeds shall be designated by the city or urban -county government for the

exclusive use of the police department. Firearms shall be transferred to the

Department of Kentucky State Police within ninety (90) days of abandonment,

confiscation, release of the weapon as evidence, or forfeiture by a court, whichever

occurs later.

Collected 2026-09-05T20:49:54Z. Source file · JSON

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