(a) Contemporaneous written statement. At or immediately after
the time of a destruction under this subchapter, one of the witnesses to destruction
must complete a written statement containing a detailed description of the
destruction of the item, including all the relevant information required by
this subchapter.
(b) Private contract. If a laboratory, law enforcement agency,
or peace officer contracts with a private entity to destroy the item, the
witnesses need not be present during the actual physical destruction of each
item by the private contractor. A written statement under this subsection
must document the status and handling of the item up to the point the laboratory,
agency, or officer turned it over to the private contractor for destruction
under the contract.
(c) Contents of statement. A statement may incorporate other
documents by reference and must contain:
(1) relevant seizure information, including the seizing law
enforcement agency or peace officer, the date and location of seizure, and
the authority for seizure;
(2) the destruction authority, including the name, position,
and reason given by the individual authorizing destruction;
(3) the manner of transportation to the destruction site, including
the names of each individual transporting an item;
(4) an inventory of the items destroyed, including the nature,
kind, and quantity of the item;
(5) the witnesses, including the name, title, agency, and signature
of each witness;
(6) the date and location of destruction;
(7) manner of destruction; and
(8) each unusual or suspicious event that occurred during the
destruction incident.
|