Section 11479.5 Of Chapter 8. Seizure And Disposition From California Health And Safety Code >> Division 10. >> Chapter 8.
11479.5
. (a) Notwithstanding Sections 11473 and 11473.5, at any
time after seizure by a law enforcement agency of a suspected
hazardous chemical, the chemical's container, or any item
contaminated with a hazardous substance believed to have been used or
intended to have been used in the unlawful manufacture of controlled
substances, that amount in excess of one fluid ounce if liquid, or
one avoirdupois ounce if solid, of each different type of suspected
hazardous chemical, its container, and any item contaminated with a
hazardous substance may be disposed of without a court order by the
seizing agency. For the purposes of this section, "hazardous chemical"
means any material that is believed by the chief of the law
enforcement agency, or his or her designee, to be toxic,
carcinogenic, explosive, corrosive, or flammable, and that is
believed by the chief of the law enforcement agency, or his or her
designee, to have been used or intended to have been used in the
unlawful manufacture of controlled substances.
(b) Destruction pursuant to this section of suspected hazardous
chemicals or suspected hazardous chemicals and controlled substances
in combination, or the chemical containers and items contaminated
with a hazardous substance, shall not take place until all of the
following requirements are met:
(1) At least a one ounce sample is taken from each different type
of suspected hazardous chemical to be destroyed.
(2) At least a one ounce sample has been taken from each container
of a mixture of a suspected hazardous chemical with a suspected
controlled substance.
(3) Photographs have been taken which reasonably demonstrate the
total amount of suspected controlled substances and suspected
hazardous chemicals to be destroyed.
(4) The gross weight or volume of the suspected hazardous chemical
seized has been determined.
(5) Photographs have been taken of the chemical containers and
items contaminated with a hazardous substance that reasonably
demonstrate their size.
(c) Subsequent to any disposal of a suspected hazardous chemical,
its container, or any item contaminated with a hazardous substance
pursuant to this section, the law enforcement agency involved shall
maintain records concerning the details of its compliance with, and
reciting the applicable information required by paragraphs (1), (2),
(3), (4), and (5) of subdivision (b), together with the information
establishing the location of the suspected hazardous chemical, its
container, and any item contaminated with a hazardous substance, and
specifying the date and time of the disposal.
(d) (1) Subsequent to any destruction of a suspected controlled
substance in combination with a hazardous chemical or any item
contaminated with a hazardous substance pursuant to this section, an
affidavit containing applicable information required by paragraphs
(1), (2), (3), (4), and (5) of subdivision (b) shall be filed within
30 days in the court that issued the search warrant.
(2) If the disposed materials were seized without a warrant, an
affidavit containing applicable information required by paragraphs
(1), (2), (3), (4), and (5) of subdivision (b) shall be filed in the
court that has jurisdiction over any criminal proceedings pertaining
to the suspected controlled substance after the criminal proceedings
are initiated.
(e) A law enforcement agency responsible for the disposal of any
hazardous chemical shall comply with the provisions of Chapter 6.5
(commencing with Section 25100) of Division 20 of the Health and
Safety Code, as well as all applicable state and federal statutes and
regulations.