Bill Text: DE HB362 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 16 Of The Delaware Code Relating To The Uniform Controlled Substances Act.
Spectrum: Slight Partisan Bill (Republican 7-3)
Status: (Introduced - Dead) 2014-05-29 - Introduced and Assigned to Health & Human Development Committee in House [HB362 Detail]
Download: Delaware-2013-HB362-Draft.html
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SPONSOR: |
Rep. Smyk & Sen. Ennis & Sen. Lawson |
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Reps. Briggs King, Keeley, D. Short, Wilson; Sens. Pettyjohn, Venables |
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HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
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HOUSE BILL NO. 362 |
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AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT. |
Section 1.Amend §4701, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§ 4701. Definitions.
As used in this chapter:
(44) "Scientifically acceptable number of doses or units" means that portion of a larger population of an alleged controlled substance that is required by the principles of hypergeometric sampling, or another scientific standard used in the field and adopted by the Office of the Chief Medical Examiner or other qualified entity responsible for testing an alleged controlled substance, to be tested to determine if the tested portion is in fact a controlled substance.
(47) "Substantially identical", "substantially identical doses", or "substantially identical doses or units" means a homogenous population whose homogeneity is based on qualities including size or weight; appearance; packaging; the name, stamp, or brand placed on each dose or unit; and that the doses or units were found bundled together.
Section 2. Amend §4751D, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4751D. Knowledge of weight or quantity not an element of the offense; proof of weight or quantity.
(a) In any prosecution under this subchapter, in which the weight or quantity of a controlled substance is an element of the offense, the State need not prove that the defendant had any knowledge as to the weight or quantity of the substance possessed. The State need only prove that the defendant knew that the substance was possessed; and, that the substance was that which is alleged, and that the substance weighed a certain amount or was in a certain quantity.
(b)
In any prosecution under this subchapter, in which the quantity of a controlled
substance is an element of the offense, and the controlled substance is alleged
to be a prescription drug as defined in §4701(37) of this title, and
the alleged prescription drug consists of multiple doses that appear to be
substantially identical, evidence that a chemist or other qualified witness
properly tested one dose, and found the presence of a controlled substance,
shall be prima facie evidence that the "substantially identical doses" each
contained the controlled substance that is a prescription drug for purposes of
determining whether the State has proven the number of doses constituting the
Tier quantities set forth in
§4751C(2)j. or (4)j. of this title. Nothing in this subsection precludes the
right of any party to introduce any evidence supporting or contradicting
evidence offered pursuant to this subsection.
(c) In any prosecution under this subchapter in which the weight of a controlled substance is an element of the offense and the alleged controlled substance, other than a prescription drug as defined in §4701 of this title, consists of multiple doses or units that appear to be substantially identical, evidence that a chemist or other qualified witness properly tested the scientifically acceptable number of doses or units and found the presence of a controlled substance, other than a prescription drug as defined in §4701 of this title, shall be prima facie evidence that the substantially identical doses or units each contained the controlled substance, other than a prescription drug as defined in §4701 of this title, for purposes of determining whether the State has proven the doses or weight constituting the Tier quantities set forth in § 4751C of this title.Nothing in this subsection precludes the right of any party to introduce any evidence supporting or contradicting evidence offered pursuant to this subsection.
SYNOPSIS
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This bill codifies current scientifically acceptable procedures used by the Office of the Chief Medical Examiner to test controlled substances for prosecution pursuant to the offenses contained in the Uniform Controlled Substances Act, specifically those crimes such as Drug Dealing or Aggravated Possession that implicate Tier level weights of a controlled substance.These scientific procedures, known as hypergeometric sampling, are a statistically valid method of random sampling that allows a forensic chemist to make statistically valid inferences about the untested remainder of multiple doses or units of a controlled substance.These procedures have been accepted by a number of Superior Court judges and by the courts of other jurisdictions. This bill also makes a change to §4751D(b) to bring it into conformity with the drafting convention regarding directing an internal reference to a definition or an item in a list to the section level of the Delaware Code rather than a specific paragraph designation as these designations change as a new definition or item in a list is added. |
