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SB-912 Colorimetric field drug tests.(2023-2024)

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Date Published: 02/29/2024 09:00 PM
SB912:v97#DOCUMENT

Amended  IN  Senate  February 29, 2024
Amended  IN  Senate  February 28, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 912

Introduced by Senator Wiener

January 08, 2024

An act to add Section 13677 to the Penal Code, relating to criminal procedure.


LEGISLATIVE COUNSEL'S DIGEST


SB 912, as amended, Wiener. Colorimetric field drug tests.
Existing law prohibits the possession of certain controlled substances. The California Constitution provides for the Right to Truth-in-Evidence, which requires a 2/3 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.
This bill would require law enforcement agencies and prosecutorial entities to adopt policies for the arrest and prosecution of drug possession charges to ensure reliable and accurate identifications of controlled substances and to maintain the integrity of convictions, as specified. Unless a test from a crime laboratory confirms the presence of a controlled substance in the sample, the bill would prohibit the use of a colorimetric field drug test, as defined, by law enforcement for a determination of probable cause for an arrest, by a prosecutor when deciding whether to charge a person, by a prosecutor as evidence against a defendant in an arraignment or preliminary hearing, or by a court for a conviction or sentencing, as specified. By excluding relevant evidence from a criminal proceeding, this bill would require a 2/3 vote of the Legislature. The bill would, when a colorimetric field drug test is used for any reason, allow an individual who pleads guilty to a charge of drug possession to withdraw the plea and move for dismissal of charges in the event of a confirmatory laboratory test that finds that there was no controlled substance in the sample. The bill would allow a defendant to request a confirmatory test at any time during the pendency of the case or, subsequent to the entry of the plea, up to a year after the adjudication of the case. By increasing the duties of local law enforcement, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 13677 is added to the Penal Code, to read:

13677.
 (a) All law enforcement agencies and prosecutorial entities shall adopt policies for the arrest and prosecution of a violation of Section 11350 or 11377 of the Health and Safety Code to ensure reliable and accurate identifications of controlled substances and to maintain the integrity of convictions. The policies shall include procedures that ensure they are abiding by the requirements in subdivision (b).
(b) Unless a test from a crime laboratory confirms the presence of a controlled substance in the sample, a colorimetric field drug test conducted by a law enforcement agency shall not be used for any of the following reasons:
(1) By a law enforcement agency for a determination of probable cause for an arrest under Section 11350 or 11377 of the Health and Safety Code.
(2) By a prosecutor when deciding whether to charge a person under Section 11350 or 11377 of the Health and Safety Code.
(3) By a prosecutor as evidence against a defendant charged with a violation of Section 11350 or 11377 of the Health and Safety Code in an arraignment or preliminary hearing.
(4) By a court for conviction or sentencing under Section 11350 or 11377 of the Health and Safety Code.
(c) When a colorimetric field drug test is used for any reason, an individual who pleads guilty to a violation of Section 11350 or 11377 of the Health and Safety Code shall be entitled to withdraw the plea and move for dismissal of charges if a confirmatory laboratory test finds that there was no controlled substance in the sample. The defendant may request a confirmatory test at any time during the pendency of the case or, subsequent to the entry of the plea, up to a year after the adjudication of the case. If the defendant pleads guilty without an attorney, the court shall advise them of their right to a confirmatory lab test.
(d) For purposes of this section, “colorimetric field drug test” means a field-testing drug kit that consists of color test reagents for the preliminary identification of narcotics in their pure or diluted forms. It does not apply to kits that use thin layer chromatography as the identification procedure nor to kits that identify drugs in body fluids.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.