HB 284 -- Disposition of Evidence

Sponsor:  Carter

The bill provides law enforcement with legal mechanisms to
collect and later dispose of hazardous materials and substances
used as evidence in criminal investigations.  The bill:

(1) Defines hazardous material;

(2) Allows law enforcement, with court approval, to seize,
collect representative samples, and destroy or dispose of
hazardous materials;

(3) Establishes that in prosecution of cases, representative
samples of hazardous materials accompanied by photos, video
tapes, lab reports, or other means are admissible and deemed
competent evidence to verify the identity and quantity of the
material;

(4) Requires law enforcement to hold a sufficient amount of a
controlled substance in any prosecution involving the proof of
weight and quantity of the substance.  Photos, video tapes, and
lab analysis are admissible to show excess amounts of the
controlled substances.  Any excess of the controlled substance
may be destroyed; and

(5) Allows the office of the Attorney General to receive, upon
proper motion by a requesting law enforcement agency, forfeiture
property should the prosecuting attorney fail to file a motion
for disposition of the property with the court within 60 days of
the request of the law enforcement agency having custody of the
property.