Section 1. Purpose and scope. This section covers the state’s use of Colorimetric Field Drug Tests to ensure reliable and accurate identifications of controlled substances are produced and to maintain the integrity of criminal convictions.

Section 2. Definitions. For purposes of this Act, the following terms have the following meanings:

• (a) “Colorimetric Field Drug Test” means a field-testing drug kit that consists of color test reagents for the preliminary identification of narcotics in their pure form, diluted form, or pure and diluted forms, and does not include kits that use thin layer chromatography as the identification procedure, or kits that identify drugs in body fluids.
• (b) “Crime Laboratory Confirmatory Test” means a forensic test performed by a state authorized forensic crime laboratory that conclusively identifies the presence of specific substances, including controlled substances, biological materials, or other evidentiary substances, and is conducted in compliance with the applicable forensic standards imposed by [INSERT STATE].
• (c) “Law Enforcement Agency” means a state entity authorized by law to conduct criminal investigations or enforce the law, including:
  1. City, county or state police departments;
  2. Sheriff offices;
  3. State trooper offices;
  4. Highway patrol departments;
  5. Park ranger offices;
  6. State university police departments;
  7. State capitol police departments;
  8. Specialized investigative units;
  9. The department of public safety;
  10. The bureau of investigation;
  11. The department of corrections;
  12. The state transit or port authority;
  13. A narcotics and drug enforcement agency; or
  14. An intelligence agency.
• (d) “Prosecutorial Agency” means a state entity authorized by law to initiate and conduct criminal prosecutions, including:
  1. The office of the attorney general;
  2. District attorney offices;
  3. County attorney offices;
  4. City attorney offices;
  5. Special prosecution divisions;
  6. Appellate prosecutorial offices; or
  7. Other statewide or local public prosecutorial offices.
•  (e) “Regulations” means rules, regulations, policies, or provisions which restrict the conduct or establish the duties of a Law Enforcement Agency and its employees, or a Prosecutorial Agency and its employees.
  (f) “Simple Drug Possession” means [INSERT RELEVANT STATUTORY DEFINITION].

Section 3. In general. A Law Enforcement Agency and Prosecutorial Agency in [INSERT STATE] shall adopt Regulations governing a person’s arrest and prosecution for Simple Drug Possession, which must include the provisions of this Act.

Section 4. Prohibited applications of colorimetric field drug tests. The [INSERT STATE] criminal code is amended by inserting the following provisions:

• (a) Prohibited use of test results. The result of a Colorimetric Field Drug Test cannot be used—
  1. As a factor in determining probable cause to justify an arrest;
  2. As a basis for probable cause to justify an arrest;
  3. To arrest a person for Simple Drug Possession;
  4. As evidence against a defendant in a criminal prosecution within the state;
  5. To convict a criminal defendant; or
  6. To sentence a defendant convicted of a crime.
• (b) Citations; simple drug possession. In the absence of a conflicting statutory provision, if a Colorimetric Field Drug Test is conducted and a Crime Laboratory Confirmatory Test has not been conducted on the same materials at issue, the investigating law enforcement officer shall—
  1. Issue a citation for Simple Drug Possession to the person subject to the Colorimetric Field Drug Test, if the test result indicates a controlled substance is present in the tested sample; and
  2. Release the person subject to the Colorimetric Field Drug Test, if the investigating law enforcement officer is unable to lawfully arrest the person for a separate
     criminal offense.
• (c) Crime laboratory confirmatory test results; pleadings. During a case’s pendency or after entry of a plea, a defendant charged with Simple Drug Possession may—
  1. Request a Crime Laboratory Confirmatory Test of the materials at issue;
  2. Plead guilty to the offense of Simple Drug Possession; and
  3. Withdraw a guilty plea and move to dismiss the Simple Drug Possession charge, if a Crime Laboratory Confirmatory Test is conducted on the materials at issue and the result indicates no controlled substance is present in the tested sample for which the defendant was arrested and charged.

Section 5. Repealer clause.

Section 6. Severability clause.

Section 7. Effective date. This Act goes into effect on [INSERT DATE].