(a) At any time after the seizure of a controlled drug or a controlled substance, as defined in subdivision (8) or (9) of section 21a-240, or drug paraphernalia, as defined in subdivision (20) of section 21a-240, in connection with a criminal arrest or pursuant to a search warrant without an arrest, the prosecuting official of the court for the geographical area in which the criminal offense is alleged to have been committed may petition the court for destruction of such controlled drug, controlled substance or drug paraphernalia. After notice, by certified or registered mail to the defendant and his attorney, and hearing on the petition, the court may order the forfeiture and destruction of such controlled drug, controlled substance or drug paraphernalia, under procedures and to the extent determined by the court, or order it delivered to the Commissioner of Consumer Protection as soon as possible. Such order shall be in writing and shall provide for the analysis of representative samples of such controlled drug, controlled substance or drug paraphernalia. The results of such analysis shall be recorded on a certificate signed by the person making the analysis, witnessed and acknowledged pursuant to section 1-29. Such certificate shall be prima facie evidence of the composition and quality of such controlled drug, controlled substance or drug paraphernalia.
(b) Upon final disposition of the criminal action or, if there is no criminal action, at any time upon motion of the prosecuting official, the court shall order the destruction of any controlled drug, controlled substance or drug paraphernalia not previously destroyed pursuant to an order under subsection (a) of this section, or order it delivered to the Commissioner of Consumer Protection as soon as possible.
(c) The law enforcement agency seizing the controlled drug, controlled substance or drug paraphernalia shall keep a full and complete record of the time and place where such controlled drug, controlled substance or drug paraphernalia was seized, the kinds, quantities and weight of drugs received, by whom the controlled drug, controlled substance or drug paraphernalia were delivered and received and the date and manner of destruction or disposition of such controlled drug, controlled substance or drug paraphernalia. Such record and the certificate of the results of the analysis shall be disclosed only to attorneys of record in the case, the defendant and to federal and state officers charged with enforcement of federal and state narcotic laws.
(P.A. 84-44, S. 1; P.A. 85-263, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: P.A. 85-263 added references to controlled drug and amended Subsec. (b) by adding “or, if there is no criminal action, at any time upon motion of the prosecuting official”; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
Subsec. (a):
Requirement that certificate be prima facie evidence of composition and quality of controlled drug or substance would be meaningless unless legislature had contemplated that destruction of drugs might take place before defendant's trial and inserted it to ensure that said destruction would not provide defendant with simple way to avoid prosecution. 63 CA 138.
Structure Connecticut General Statutes
Chapter 959 - Court Jurisdiction and Power
Section 54-1 and 54-1a. - Criminal jurisdiction of trial justices; of Court of Common Pleas.
Section 54-1b. - Arraignment of prisoner. Advice as to rights.
Section 54-1c. - Admissibility of confession.
Section 54-1f. (Formerly Sec. 6-49). - Arrest without warrant. Pursuit outside precincts.
Section 54-1l. - Short title: Alvin W. Penn Racial Profiling Prohibition Act.
Section 54-1n. - Complaint by victim of identity theft. Law enforcement agency's responsibilities.
Section 54-1o. - Electronic recording of custodial interrogations.
Section 54-1p. - Eyewitness identification procedures.
Section 54-1s. - Racial Profiling Prohibition Project Advisory Board. Membership. Duties.
Section 54-2. - Conviction and binding over by trial justice.
Section 54-2c. - Traffic violator need not appear in court, when. Schedule of fines established.
Section 54-2e. - Issuance of rearrest warrant or capias for failure to appear.
Section 54-25 and 54-26. - Release on recognizance. Witnesses in courts of other states.
Section 54-33. - Search warrants for gambling and lottery implements.
Section 54-33b. - Search of person.
Section 54-33c. - Warrant application, affidavits, execution and return. Copies. Orders.
Section 54-33d. - Interference with search.
Section 54-33e. - Destruction of property.
Section 54-33f. - Motion for return of unlawfully seized property and suppression as evidence.
Section 54-33i. - “Journalist”, “news organization” and “news” defined.
Section 54-33j. - Issuance of search warrant for property of journalist or news organization.
Section 54-33k. - “Strip search” defined.
Section 54-33l. - Strip searches. Procedure.
Section 54-33m. - Failure to wear seat belt not probable cause for vehicle search.
Section 54-33n. - Search of school lockers and property.
Section 54-33o. - Search of vehicle stopped solely for a motor vehicle violation.
Section 54-33p. - Restrictions on cannabis-related stop or search of a person or motor vehicle.
Section 54-34 and 54-35. - Search of person. Condemnation of gambling implements, notice.
Section 54-36. - Disposition of property held as evidence.
Section 54-36b. - Examiner of seized property, appointment, duties.
Section 54-36c. - Disposition of seized property on order of the examiner of seized property.
Section 54-36e. - Firearms and ammunition to be turned over to state police. Sale at public auction.
Section 54-36f. - Receipt for seized property to be given by law enforcement officials.
Section 54-36i. - Drug assets forfeiture revolving account. Allocation of moneys.
Section 54-36n. - Identification and tracing of seized and recovered firearms and ammunition.