Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:
Chapter 161A of the General Laws is hereby amended by inserting
after section 5 the following section:-
Section 5B. If money, goods or other property which has been stolen, lost
or
abandoned comes into the possession of a police officer or other employee of
the
authority by virtue of his office or employment, the officer or employee shall
deliver the same to
the
person designated by the Massachusetts Bay Transportation Authority to receive
the same and he shall thereupon be relieved from further responsibility. If no
person proves ownership of such money, goods or other property
within 6 months, the authority may cause the same, excepting money
unclaimed,
to be sold at public auction at such place and time and by such person as the
authority may designate. Notice of the time and place of the sale, with a
description of the property, shall be given by publishing the same once in a
newspaper of general circulation published in the city of Boston. The
property, if perishable or liable to deteriorate greatly in value by
keeping, or the value of which will probably be less than the expense of
keeping, may be sold at public auction at such place and at such time within
6 months and by such person as the authority may designate, such notice of
the time and place of the sale as said authority may deem reasonable and proper
first being given. The proceeds of any sale, together with any unclaimed
money, after
deducting all reasonable charges and expenses incurred on account of the
property, shall be accounted for and paid to the authority. If within 2 years
after a sale, the owner claims the property and
proves
ownership to the satisfaction of the authority, the amount of the unclaimed
money or the proceeds of the sale of the property, after deducting reasonable
expenses, shall be paid to the person, without appropriation. Nothing in this
section shall be construed to supersede or to conflict with
any laws pertaining to the handling of evidence in any criminal or civil
matters.
Approved January 1, 2003.