SB44: relative to the disposal of controlled drugs by law enforcement officers.

CHAPTER 222

SB 44 – FINAL VERSION

24Apr2013… 1250h

5June2013… 1600h

2013 SESSION

13-0434

04/01

SENATE BILL 44

AN ACT relative to the disposal of controlled drugs by law enforcement officers.

SPONSORS: Sen. Boutin, Dist 16; Sen. Carson, Dist 14; Sen. Larsen, Dist 15; Sen. Morse, Dist 22; Sen. Odell, Dist 8; Sen. Rausch, Dist 19; Sen. Stiles, Dist 24; Sen. Watters, Dist 4; Sen. Cataldo, Dist 6; Sen. Gilmour, Dist 12; Sen. Lasky, Dist 13; Sen. Reagan, Dist 17; Sen. Soucy, Dist 18; Sen. Sanborn, Dist 9; Sen. Fuller Clark, Dist 21; Rep. Jasper, Hills 37; Rep. Walz, Merr 23; Rep. Kotowski, Merr 24

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill amends the procedure for disposal of controlled drugs in the possession of a law enforcement officer and makes the department of justice responsible for adopting rules for the pharmaceutical drug take-back program.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24Apr2013… 1250h

5June2013… 1600h

13-0434

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to the disposal of controlled drugs by law enforcement officers.

Be it Enacted by the Senate and House of Representatives in General Court convened:

222:1 Controlled Drug Act; Disposal of Controlled Drugs in Possession of Law Enforcement Officer. Amend RSA 318-B:17, I-a and I-b to read as follows:

I-a. The [district] circuit court having jurisdiction over a misdemeanor or violation controlled drug offense may order such controlled drugs forfeited and destroyed upon written motion. Such order shall not be entered until after the period for appeal of the offense has expired.

I-b. The [district] circuit court shall require the same record and reporting of the officer who is destroying the controlled drugs as is required under paragraph I for the superior court, with the exception of notification to the Drug Enforcement Administration.

222:2 Pharmaceutical Drug Take-Back Program Authorized. Amend RSA 318-E:1, III to read as follows:

III. The department of justice, in consultation with the pharmacy board, the department of safety, and the department of environmental services shall [jointly] establish [guidelines by rule] rules, pursuant to RSA 541-A, for the collection, storage, and disposal of collected drugs in accordance with applicable state and federal statutes and regulations.

222:3 Effective Date. This act shall take effect January 1, 2014.

Approved: July 12, 2013

Effective Date: January 1, 2014