SB 1193, as introduced, Evans. Controlled substances: destruction of seized substances.
Existing law, the Uniform Controlled Substances Act, includes provisions authorizing the forfeiture and seizure of property involved in, or purchased with the proceeds from, a controlled substance offense. Existing law authorizes the destruction of seized substances suspected to be controlled substances in excess of 10 pounds in gross weight, subject to specified requirements.
Existing law requires that, prior to destruction of a suspected controlled substance, the law enforcement agency take at least 5 random and representative samples, for evidentiary purposes, from the total amount of suspected controlled substances to be destroyed in addition to the 10 pounds the law enforcement agency is required to retain.
Existing law requires, when the suspected controlled substance consists of growing or harvested marijuana plants, at least one 10-pound sample (which may include stalks, branches, or leaves) and 5 representative samples consisting of leaves or buds to be retained for evidentiary purposes from the total amount of suspected controlled substances to be destroyed by the law enforcement agency.
This bill would instead require that, prior to the destruction of a suspected controlled substance, including growing or harvested marijuana plants, the law enforcement agency take at least 10 random and representative samples, and would authorize the agency to destroy the remainder of the substance in excess of those 10 samples.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11479 of the Health and Safety Code is
2amended to read:
Notwithstanding Sections 11473 and 11473.5, at any
4time after seizure by a law enforcement agency of a suspected
5controlled substance, that amount in excess ofbegin delete 10 pounds in gross begin insert the 10 random and representative samples described in
6weightend delete
7subdivision (a)end insert may be destroyed without a court order by the chief
8of the law enforcement agency or a designated subordinate.
9Destruction shall not take place pursuant to this section until all
10of the following requirements are satisfied:
11(a) At leastbegin delete fiveend deletebegin insert
10end insert random and representative samples have
12been taken, for evidentiary purposes, from the total amount of
13suspected controlled substances to be destroyed.begin delete These samples
14shall be in addition to the 10 pounds required above. When the
15suspected controlled substance consists of growing or harvested
16marijuana plants, at least one 10 pound sample (which may include
17stalks, branches, or leaves) and five representative samples
18consisting of leaves or buds shall be retained for evidentiary
19purposes from the total amount of suspected controlled substances
20to be destroyed.end delete
21(b) Photographs have been taken which reasonably demonstrate
22the total amount of the suspected controlled substance to be
23destroyed.
24(c) The gross weight of the suspected controlled substance has
25
been determined, either by actually weighing the suspected
26controlled substance or by estimating that weight after dimensional
27measurement of the total suspected controlled substance.
28(d) The chief of the law enforcement agency has determined
29that it is not reasonably possible to preserve the suspected
30controlled substance in place, or to remove the suspected controlled
31substance to another location. In making this determination, the
32difficulty of transporting and storing the suspected controlled
P3 1substance to another site and the storage facilities may be taken
2into consideration.
3Subsequent to any destruction of a suspected controlled substance
4pursuant to this section, an affidavit shall be filed within 30 days
5in the court which has jurisdiction over any pending criminal
6proceedings pertaining to that suspected controlled substance,
7reciting the applicable information required by subdivisions (a),
8
(b), (c), and (d) together with information establishing the location
9of the suspected controlled substance, and specifying the date and
10time of the destruction. In the event that there are no criminal
11proceedings pending which pertain to that suspected controlled
12substance, the affidavit may be filed in any court within the county
13which would have jurisdiction over a person against whom those
14criminal charges might be filed.
O
99