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HB0151 • 2006

Controlled Substances Act-amendments.

AN ACT relating to the Wyoming Controlled Substances Act; authorizing the attorney general to approve disposal of bulk quantities of controlled substances after collecting a representative sample for testing and evidentiary purposes; providing for the destruction of controlled substances without a district court order as specified; requiring rulemaking; and providing for an effective date.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Representative Landon
Last action
2006-03-15
Official status
enrolled
Effective date
7/1/2006

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0151HS001

Standing Committee • H01

Adopted

Plain English: Adopted Standing Committee by H01

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

  1. 2006-03-15 LSO

    Assigned Chapter Number - 52

  2. 2006-03-15 Governor

    Governor Signed HEA No. 0037

  3. 2006-03-10 Senate

    S President Signed HEA No. 0037

  4. 2006-03-10 House

    H Speaker Signed HEA No. 0037

  5. 2006-03-09 LSO

    Assigned Number HEA0037

  6. 2006-03-09 Senate

    S Passed 3rd Reading

  7. 2006-03-08 Senate

    S Passed 2nd Reading

  8. 2006-03-07 Senate

    S Passed CoW

  9. 2006-03-02 Senate

    S Placed on General File

  10. 2006-03-02 Senate

    S01 Recommended Do Pass

  11. 2006-02-24 Senate

    S Introduced and Referred to S01

  12. 2006-02-24 Senate

    S Received for Introduction

  13. 2006-02-23 House

    H Passed 3rd Reading

  14. 2006-02-22 House

    H Passed 2nd Reading

  15. 2006-02-21 House

    H Passed CoW

  16. 2006-02-21 House

    Amendment Adopted

  17. 2006-02-21 House

    H Amendments Adopted

  18. 2006-02-20 House

    H Placed on General File

  19. 2006-02-20 House

    H01 Recommended Amend and Do Pass

  20. 2006-02-15 House

    H Introduced and Referred to H01

  21. 2006-02-14 House

    H Received for Introduction

  22. 2006-02-13 LSO

    Bill Number Assigned

Official Summary Text

HB0151 Bill Summary

Bill
No.:
HB0151

Drafter:

JHR

LSO
No.:

06LSO-0415

Effective Date:

7/1/2006

Enrolled
Act No.:

HEA0037

Chapter
No.:

52

Prime
Sponsor:

Representative Landon

Catch
Title:

Controlled Substances Act-amendments.

Subject:

Authorizes disposal of bulk quantities
of controlled substances being held by the Division of Criminal Investigation.

Summary/Major
Elements:

Under current law, law enforcement officers may apply to the district
court with jurisdiction to destroy contraband controlled substances or paraphernalia
if no longer necessary for evidentiary purposes.

This bill:

Authorizes the destruction of controlled substances by the Division of
Criminal Investigation (DCI) without need for a court order;

Specifies procedures before the contraband substances may be destroyed;

Specifies that once the representative samples and additional retained
samples are no longer needed for evidentiary purposes, a law enforcement
officer may apply to the district court with jurisdiction to destroy the
remaining contraband controlled substances;

Requires DCI to adopt rules to operate a program to destroy bulk
quantities of controlled substances.

Current Bill Text

Read the full stored bill text 
WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0151

ENROLLED ACT NO. 37, HOUSE OF REPRESENTATIVES

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2006 BUDGET SESSION

AN ACT relating to the Wyoming Controlled Substances Act; authorizing the attorney general to approve disposal of bulk quantities of controlled substances after collecting a representative sample for testing and evidentiary purposes; providing for the destruction of controlled substances without a district court order as specified; requiring rulemaking; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 35
‑
7
‑
1049(e)(vi) is amended to read:

35
‑
7
‑
1049.

Forfeitures and seizures generally; property subject to forfeiture.

(e)

When property is forfeited under this act, the commissioner may:

(vi)

Authorize any law enforcement officer to apply to the district court with jurisdiction for an order providing for destruction of the contraband controlled substances or paraphernalia if no longer necessary for evidentiary purposes
, provided, however, that a district court order shall not be necessary for the division of criminal investigation to destroy quantities of contraband controlled substances after the division has tested random samples
.
The division of criminal investigation shall adopt rules necessary to operate a program to destroy bulk quantities of contraband controlled substances, which shall include:

(A)

The photographing and videotaping of the entire bulk amount of seized contraband controlled substances to maintain its evidentiary value and to create exhibits for use in legal proceedings;

(B)

The extraction of ten (10) random samples from the entire bulk amount of seized contraband controlled substances for laboratory analysis;

(C)

A weighing on properly calibrated scales of both the bulk amount of seized contraband controlled substances and the representative samples;

(D)

The additional retention of:

(I)

Five (5) ounces of organic material if the controlled substance is marihuana or a substance of similar organic composition;

(II)

Five (5) grams of a controlled substance in powdered or crystalline form;

(III)

Five-tenths (0.5) of a gram of a controlled substance in liquid form;

(IV)

An amount sufficient for testing by experts shall be made available from the additionally retained sample for the purpose of defending criminal charges arising from the possession, use or sale of the controlled substance.

(E)

After the testing and retention of samples specified in this paragraph, the commissioner or his designee may order the destruction of the bulk amount of the seized contraband controlled substance in excess of the representative sample and the additional retained samples of the seized contraband controlled substance;

(F)

Once the representative samples and the additional retained samples of the contraband controlled substance are no longer necessary for evidentiary purposes, any law enforcement officer, upon authorization from the commissioner, may apply to the district court with jurisdiction for an order providing for the destruction of the remaining contraband controlled substance.

Section 2.

This act is effective July 1, 2006.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1