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DE HB362

Bill

Status

Introduced

5/29/2014

Primary Sponsor

Stephen Smyk

Click for details

Origin

House of Representatives

147th General Assembly

AI Summary

  • Adds definitions for "scientifically acceptable number of doses or units" based on hypergeometric sampling or other scientific standards adopted by the Office of the Chief Medical Examiner to test controlled substances.

  • Adds definition for "substantially identical doses or units" as homogenous populations sharing qualities including size, weight, appearance, packaging, markings, and being found bundled together.

  • Allows prosecutors to use evidence from testing a scientifically acceptable number of doses or units of non-prescription controlled substances to establish prima facie evidence that all substantially identical doses contained the controlled substance for purposes of proving Tier quantity thresholds under § 4751C.

  • Permits defendants to introduce evidence supporting or contradicting evidence offered under the new sampling procedures.

  • Updates internal statutory references in § 4751D(b) to cite to section level rather than specific paragraph designations for consistency with Delaware Code drafting conventions.

Legislative Description

An Act To Amend Title 16 Of The Delaware Code Relating To The Uniform Controlled Substances Act.

Last Action

Introduced and Assigned to Health & Human Development Committee in House

5/29/2014

Committee Referrals

Health & Human Development5/29/2014

Full Bill Text

No bill text available