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AB-2308 Controlled substances: immunity from prosecution: substance abuse or canine training.(1991-1992)



Current Version: 07/08/92 - Chaptered

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AB2308:v93#DOCUMENT

Assembly Bill No. 2308
CHAPTER 137

An act to add Section 11367.5 to the Health and Safety Code, relating to controlled substances.

[ Filed with Secretary of State  July 08, 1992. Approved by Governor  July 07, 1992. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2308, Cannella. Controlled substances: immunity from prosecution: substance abuse or canine training.
Existing law provides that all duly authorized peace officers, while investigating violations of the Uniform Controlled Substances Act in performance of their official duties, and any person working under their immediate direction, supervision, or instruction, are immune from prosecution under the Uniform Controlled Substances Act.
This bill would provide the same immunity from prosecution under the Uniform Controlled Substances Act to all duly authorized peace officers while providing substance abuse training to law enforcement or the community or while providing canine drug detection training, in performance of their official duties, and to any person working under their immediate direction, supervision, or instruction.
The bill would also provide that any sheriff, chief of police, the Chief of the Bureau of Narcotic Enforcement, or the Commissioner of the California Highway Patrol, or a designee thereof, may, in his or her discretion, provide controlled substances in his or her possession and control to any duly authorized peace officer or civilian drug detection canine trainer working under the direction of a law enforcement agency, provided the controlled substances are no longer needed as criminal evidence and provided the person receiving the controlled substances, if required by the Drug Enforcement Administration, possesses a current and valid Drug Enforcement Administration registration which specifically authorizes the recipient to possess controlled substances while providing substance abuse training to law enforcement or the community or while providing canine drug detection training.
The bill would also provide that any person receiving controlled substances shall maintain custody and control of the controlled substances and shall keep records regarding any loss of, or damage to, those controlled substances; all controlled substances shall be maintained in a secure location approved by the dispensing agency; any loss shall be reported immediately to the dispensing agency; and all controlled substances shall be returned to the dispensing agency upon the conclusion of the training or upon demand by the dispensing agency.

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


SECTION 1.

 Section 11367.5 is added to the Health and Safety Code, to read:

11367.5.
 (a)  Any sheriff, chief of police, the Chief of the Bureau of Narcotic Enforcement, or the Commissioner of the California Highway Patrol, or a designee thereof, may, in his or her discretion, provide controlled substances in his or her possession and control to any duly authorized peace officer or civilian drug detection canine trainer working under the direction of a law enforcement agency, provided the controlled substances are no longer needed as criminal evidence and provided the person receiving the controlled substances, if required by the Drug Enforcement Administration, possesses a current and valid Drug Enforcement Administration registration which specifically authorizes the recipient to possess controlled substances while providing substance abuse training to law enforcement or the community or while providing canine drug detection training.
(b)  All duly authorized peace officers, while providing substance abuse training to law enforcement or the community or while providing canine drug detection training, in performance of their official duties, and any person working under their immediate direction, supervision, or instruction, are immune from prosecution under this division.
(c)  (1)  Any person receiving controlled substances pursuant to subdivision (a) shall maintain custody and control of the controlled substances and shall keep records regarding any loss of, or damage to, those controlled substances.
(2)  All controlled substances shall be maintained in a secure location approved by the dispensing agency.
(3)  Any loss shall be reported immediately to the dispensing agency.
(4)  All controlled substances shall be returned to the dispensing agency upon the conclusion of the training or upon demand by the dispensing agency.