House Study Bill 529
HOUSE FILE
BY (PROPOSED COMMITTEE ON
PUBLIC SAFETY BILL BY
CHAIRPERSON BAUDLER)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the disposal of a controlled substance.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 5295HC 81
4 jm/sh/8
PAG LIN
1 1 Section 1. NEW SECTION. 124.506A LARGE SEIZURE OF A
1 2 CONTROLLED SUBSTANCE == EVIDENCE AND DISPOSAL.
1 3 1. Notwithstanding the provisions of section 124.506, if
1 4 more than ten pounds of marijuana or more than one pound of
1 5 any other controlled substance is seized in violation of this
1 6 chapter, the law enforcement agency responsible for retaining
1 7 the seized controlled substance shall retain ten pounds of the
1 8 marijuana seized or one pound of any other controlled
1 9 substance seized for evidence purposes and may destroy the
1 10 remainder of the seized controlled substance.
1 11 2. Prior to the destruction of any controlled substance
1 12 under this section, the law enforcement agency shall
1 13 photograph the controlled substance to be destroyed with
1 14 identifying case numbers or any other case identifiers and
1 15 prepare a written report detailing any relevant information
1 16 about the destruction of the controlled substance. At least
1 17 three days prior to any destruction of a controlled substance,
1 18 the law enforcement agency destroying the controlled substance
1 19 shall notify in writing any person arrested in connection with
1 20 the seizure, or the attorney of the person if represented,
1 21 that the law enforcement agency is planning to photograph and
1 22 destroy part of the controlled substance seized, and the
1 23 person or the person's attorney may be present at the
1 24 photographing of the controlled substance to be destroyed.
1 25 3. In addition to the amount of any controlled substance
1 26 retained for representation purposes as evidence, all
1 27 photographs and records made under this section and properly
1 28 identified are admissible in any court proceeding for any
1 29 purpose for which the destroyed controlled substance would
1 30 have been admissible.
1 31 EXPLANATION
1 32 This bill relates to the disposal of a controlled
1 33 substance.
1 34 Under the bill, if more than 10 pounds of marijuana or more
1 35 than one pound of any other controlled substance is seized in
2 1 violation of Code chapter 124, the law enforcement agency
2 2 responsible for retaining the seized controlled substance
2 3 shall retain 10 pounds of any marijuana seized or one pound of
2 4 any other controlled substance seized for evidence purposes
2 5 and may destroy the remainder of the seized controlled
2 6 substance.
2 7 The bill provides that prior to any such destruction, the
2 8 law enforcement agency shall photograph the controlled
2 9 substances with identifying case numbers or any other case
2 10 identifiers and prepare a written report detailing any
2 11 relevant information about the destruction of the controlled
2 12 substance.
2 13 The bill also provides that at least three days prior to
2 14 any destruction of a controlled substance, the law enforcement
2 15 agency destroying the controlled substance shall notify in
2 16 writing any person arrested in connection with the seizure, or
2 17 the attorney of the person if represented, that the law
2 18 enforcement agency is planning to photograph and destroy part
2 19 of the controlled substance seized, and the person or the
2 20 person's attorney may be present at the photographing of the
2 21 controlled substance to be destroyed.
2 22 The bill provides that all photographs and records made
2 23 pursuant to the bill are admissible in any court proceeding
2 24 for any purpose for which the destroyed controlled substance
2 25 would have been admissible.
2 26 LSB 5295HC 81
2 27 jm:rj/sh/8