| (a) SOP required. Before allowing anyone, whether peace officer
or civilian, to destroy an item under this subchapter, a laboratory or law
enforcement agency must adopt a written SOP for the destruction of the kind
of item sought to be destroyed.
(b) Compliance required. A laboratory or law enforcement agency
must require that each person engaged in destruction under this subchapter
must strictly follow each SOP. A written SOP may exceed a minimum requirement
contained within this subchapter.
(c) Generally. In order to minimize the likelihood of pilferage
or other unlawful diversion, an SOP must include requirements that are reasonably
likely to:
(1) uncover the occurrence of a discrepancy, loss, theft, or
other potential diversion; and
(2) identify and destroy the excess quantity of an item, in
order to reduce the size of an exhibit while preserving its evidentiary value.
(d) Modify definition of "excess quantity." With the express
approval of each appropriate prosecuting authority, an SOP may increase or
decrease the amount of an item necessary to meet the definition of an "excess
quantity" under that SOP.
(e) Specifically. An SOP must include a requirement that:
(1) a specific person or category of persons must seek destruction
authorization for an item after it exceeds the maximum limits for item storage
established by the SOP, including the duration and amount;
(2) a specific person or category of persons must make an immediate
report to a supervisor of an unusual or suspicious incident or probable breach
of security reasonably related to potential discrepancy, loss, theft, or other
diversion;
(3) a supervisor must make a thorough investigation of the
incident, including laboratory reanalysis if necessary; and
(4) a specific person or category of persons must contact the
submitting peace officer, the submitting law enforcement agency, or the office
of the prosecutor responsible for the case to seek:
(A) written authorization to destroy all or part of a particular
exhibit; or
(B) blanket written authorization to destroy all or part of
each exhibit that meets certain criteria.
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