Colorimetric Field Drug Tests in Drug Possessions

Plain English Breakdown

The official summary specifies that court advisements are required when a colorimetric field test was used; however, it is unclear if this requirement applies only to cases where an arrest would have otherwise occurred or all such pleas regardless of the initial enforcement action.

Rules for Drug Possession Arrests and Court Advisements

This law requires officers to issue a summons instead of arresting people suspected only of certain drug possession charges if a colorimetric field test was used, and it requires courts to warn defendants about the error rates of these tests before accepting guilty pleas.

What This Bill Does

• Requires peace officers to issue a summons instead of arresting people solely suspected of level 1 misdemeanor or municipal drug possession if a colorimetric field test was used.
• Mandates that trial courts give specific warnings to defendants charged with level 4 felony drug possession and lower before accepting their plea when a colorimetric field test was used.
• States that the court warning must explain that colorimetric field tests have known error rates.
• Informs defendants in the court warning of their right to plead not guilty and request testing from an accredited forensic laboratory.

Who It Names or Affects

• Peace officers who handle drug possession cases involving field tests
• People solely suspected or charged with level 1 misdemeanor, municipal, or lower-level felony drug possession where a colorimetric field test was used
• Trial courts that accept pleas for these specific drug charges

Terms To Know

Colorimetric field drug test

A chemical test used by officers in the field to check if a substance is illegal.

Summons

An official order telling someone to appear in court instead of being taken into custody immediately.

Limits and Unknowns

• The law only applies when a colorimetric field test was actually used.
• These rules apply only if the person is solely suspected of level 1 misdemeanor or municipal possession, not other crimes.
• Court warnings are required for charges up to and including level 4 felony drug possession.

Official Summary Text

Under current law, a person may be arrested and detained for level 1 drug misdemeanor possession.
The act requires that when a colorimetric field drug test was used to test for the presence of a controlled substance and a person is solely suspected of a level 1 drug misdemeanor for possession or solely suspected of a municipal drug possession charge, a peace officer shall not arrest the person and instead shall issue a summons.
The act also requires that when a colorimetric field drug test was used, before accepting a plea from a person charged with a drug possession for level 4 drug felony possession and lower, the trial court is required to issue an advisement with specified language, including language stating that colorimetric field drug tests have known error rates and that the defendant has the right to enter a not guilty plea and to request drug testing from an accredited forensic laboratory.
(Note: This summary applies to this bill as enacted.)