Limits use of unconfirmed field drug tests

Existing law prohibits the possession of certain controlled substances. The California Constitution provides for the Right to Truth-in-Evidence, which requires a 2/3 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.

This bill would require law enforcement agencies and prosecutorial entities to adopt policies for the arrest and prosecution of drug possession charges to ensure reliable and accurate identifications of controlled substances and to maintain the integrity of convictions, as specified. Unless a test from a crime laboratory confirms the presence of a controlled substance in the sample, the bill would prohibit the use of a colorimetric field drug test, as defined, by law enforcement for a determination of probable cause for an arrest, by a prosecutor when deciding whether to charge a person, by a prosecutor as evidence against a defendant in an arraignment or preliminary hearing, or by a court for a conviction or sentencing, as specified. By excluding relevant evidence from a criminal proceeding, this bill would require a 2/3 vote of the Legislature. The bill would, when a colorimetric field drug test is used for any reason, allow an individual who pleads guilty to a charge of drug possession to withdraw the plea and move for dismissal of charges in the event of a confirmatory laboratory test that finds that there was no controlled substance in the sample. The bill would allow a defendant to request a confirmatory test at any time during the pendency of the case or, subsequent to the entry of the plea, up to a year after the adjudication of the case. By increasing the duties of local law enforcement, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.