H*3296(Rat #0448, Act #0387 of 1992)  General Bill, By J.W. Tucker, 
H.H. Clyborne, T.E. Huff, R. Smith and Wilkins
 A Bill to amend Section 44-53-120, Code of Laws of South Carolina, 1976,
 relating to the duties of the South Carolina Law Enforcement Division
 regarding narcotics and controlled substances, so as to require the Division
 to promulgate regulations for uniform procedures to dispose of controlled
 substances; and to amend the 1976 Code by adding Section 44-53-485 so as to
 provide for seized controlled substances to be handled pursuant to Division
 regulations, the circumstances under which the substances may be ordered
 destroyed or lawfully disposed of, when photographs or videotapes of the
 substances may be used at trial, and admissibility of evidence presented at
 the original proceedings.-amended title

   01/23/91  House  Introduced and read first time HJ-11
   01/23/91  House  Referred to Committee on Judiciary HJ-12
   04/17/91  House  Committee report: Favorable with amendment
                     Judiciary HJ-10
   04/24/91  House  Retaining place on calendar recommitted to
                     Committee on Judiciary HJ-45
   02/05/92  House  Committee report: Favorable with amendment
                     Judiciary HJ-7
   02/11/92  House  Amended HJ-15
   02/11/92  House  Read second time HJ-16
   02/12/92  House  Read third time and sent to Senate HJ-16
   02/13/92  Senate Introduced and read first time SJ-14
   02/13/92  Senate Referred to Committee on Judiciary SJ-14
   04/01/92  Senate Committee report: Favorable Judiciary SJ-9
   04/28/92  Senate Read second time SJ-117
   04/28/92  Senate Ordered to third reading with notice of
                     amendments SJ-118
   04/29/92  Senate Read third time and enrolled SJ-282
   05/13/92         Ratified R 448
   05/15/92         Signed By Governor
   05/15/92         Effective date 05/15/92
   05/15/92         Act No. 387
   07/17/92         Copies available

AN ACT TO AMEND SECTION 44-53-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION REGARDING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO REQUIRE THE DIVISION TO PROMULGATE REGULATIONS FOR UNIFORM PROCEDURES TO DISPOSE OF CONTROLLED SUBSTANCES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-53-485 SO AS TO PROVIDE FOR SEIZED CONTROLLED SUBSTANCES TO BE HANDLED PURSUANT TO DIVISION REGULATIONS, THE CIRCUMSTANCES UNDER WHICH THE SUBSTANCES MAY BE ORDERED DESTROYED OR LAWFULLY DISPOSED OF, WHEN PHOTOGRAPHS OR VIDEOTAPES OF THE SUBSTANCES MAY BE USED AT TRIAL, AND ADMISSIBILITY OF EVIDENCE PRESENTED AT THE ORIGINAL PROCEEDINGS.

Whereas, there is no uniform policy governing the inventory, handling, testing, storage, preservation for evidentiary purposes, and destruction of forfeited substances and property and no requirement for auditing or accounting for the substances or property seized by the law enforcement officers of this State and its political subdivisions; and

Whereas, the General Assembly has determined that dealing with forfeited substances and property currently imposes a burden on the limited law enforcement resources of the State and its political subdivisions and that uniform procedures are necessary and desirable to safeguard, account for, and provide for their timely destruction and to relieve and prevent security and storage problems. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

Regulations for uniform procedures to dispose of controlled substances

SECTION 1. Section 44-53-120 of the 1976 Code is amended by adding an appropriately numbered item to read:

"( ) promulgate regulations to provide uniform procedures for the seizure, inventory, reporting, auditing, handling, testing, storage, preservation for evidentiary use, and destruction or other lawful disposition of controlled substances."

Handling of seized controlled substances; use of photographs or videotapes of substances at trial; admissibility of evidence

SECTION 2. The 1976 Code is amended by adding:

"Section 44-53-485. (A) Controlled substances seized pursuant to this article must be inventoried, reported, audited, handled, tested, stored, preserved, or destroyed pursuant to procedures promulgated by the South Carolina Law Enforcement Division.

(B) The chief law enforcement official of the seizing agency, his designee, or the clerk of court, after one year following the conviction, guilty plea, plea by nolo contendere, or other disposition of the criminal case, may order the destruction or other lawful disposition of the substances unnecessary for evidentiary purposes in accordance with procedures promulgated by the division.

(C) The chief law enforcement official of the seizing agency or his designee, after a reasonable period of time following the seizure, may order the destruction or other lawful disposition of substances that do not come within the jurisdiction of court.

(D) When large amounts of substances are seized and storage is impractical, a law enforcement officer, only with the prior written approval and consent of the solicitor, may substitute photographs or videotapes of the substances at trial so long as a representative sample is analyzed for proof of the matter that the substances actually are present. When substitutions are used, the chief law enforcement official or his designee may authorize the destruction of the substances ten days following seizure.

(E) In all subsequent court proceedings following the disposition of the case, all evidence presented at the original proceedings is admissible through introduction of the certified record of the case."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 15th day of May, 1992.