General Assembly: 81 (2006 Regular GA) - Chapter 1027 - Disposition of seized controlled substances

Published: 2006-04-06

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CH. 1027CH. 1027



H.F. 2696

AN ACT relating to the disposal of a controlled substance.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. NEW SECTION. 124.506A LARGE SEIZURE OF A CONTROLLED SUB- STANCE — EVIDENCE AND DISPOSAL. 1. Notwithstanding the provisions of section 124.506, if more than ten pounds ofmarijuana

ormore thanonepoundof anyother controlled substance is seized in1 violationof this chapter, the law enforcement agency responsible for retaining the seized controlled substancemay de- stroy the seized controlled substance if the lawenforcement agency retains at least ten pounds of the marijuana seized or at least one pound of any other controlled substance seized for evi- dence purposes. 2. Prior to the destruction of any controlled substance under this section, the law enforce-

ment agency shall photograph the controlled substance to be destroyed with identifying case numbers or any other case identifiers andprepare awritten report detailing any relevant infor- mation about the destruction of the controlled substance. At least thirty days prior to any de- struction of a controlled substance, the lawenforcement agencydestroying the controlled sub- stance shall notify in writing any person arrested in connection with the seizure, the attorney of the person if represented, and any other attorney of record including the prosecuting attor- ney, and the law enforcement agency that made the arrest if the agency is different than the lawenforcement agency responsible for retaining the seized controlled substance, that the law enforcement agency is planning to photograph and destroy part of the controlled substance seized, and any person or agency notified may be present at the photographing of the con- trolled substance to be destroyed. 3. Any person or agency notified about the destruction of part of the controlled substance

seized, or any other interested party, may file an application with the district court resisting the destruction of any of the controlled substance. 4. A rebuttable presumption is created that the portion of any controlled substance retained

for representation purposes as evidence and all photographs and recordsmadeunder this sec- tion and properly identified are admissible in any court proceeding for any purpose for which the destroyed controlled substance would have been admissible.

Approved April 6, 2006


1 See chapter 1185, §119 herein