22-2902c.Preliminary examination; admissability offield test of alleged controlled substances; rules and regulations by Kansasbureau of investigation.At any preliminary examination pursuant to K.S.A. 22-2902, and amendmentsthereto:
(a) (1) The court may admit into evidence an alleged controlled substanceif, prior to the preliminary examination, the alleged controlled substance:
(A) Has been subjected to a field test, which test has been approved by thedirector of the Kansas bureau of investigation;
(B) the field test has been administered by a law enforcement officer trainedin the use of such field test by a person certified by the manufacturer of thatfield test; and
(C) the result of such field test was positive for the presumptive presenceof the alleged controlled substance.
(2) A positive result on a field test described in and conducted pursuant tothis subsection shall be deemed sufficient to establish probable cause tobelieve that the tested substance is the controlled substance alleged.
(3) The director of the Kansas bureau of investigation shall adopt by rulesand regulations the approved field tests; and
(b) physical evidence with a completed evidence custody receipt showing thatsuch evidence has been continuously held in the possession or custody of lawenforcement officers, law enforcement agencies, forensic laboratories or theUnited States postal service since the evidence was seized, shall be admissibleinto evidence in the preliminary examination in the same manner and with thesame force and effect as if all law enforcement officers, evidence custodiansand forensic examiners involved in the chain of custody had testifiedin person.
22-2902c.Preliminary examination; admissability offield test of alleged controlled substances; rules and regulations by Kansasbureau of investigation.At any preliminary examination pursuant to K.S.A. 22-2902, and amendmentsthereto:
(a) (1) The court may admit into evidence an alleged controlled substanceif, prior to the preliminary examination, the alleged controlled substance:
(A) Has been subjected to a field test, which test has been approved by thedirector of the Kansas bureau of investigation;
(B) the field test has been administered by a law enforcement officer trainedin the use of such field test by a person certified by the manufacturer of thatfield test; and
(C) the result of such field test was positive for the presumptive presenceof the alleged controlled substance.
(2) A positive result on a field test described in and conducted pursuant tothis subsection shall be deemed sufficient to establish probable cause tobelieve that the tested substance is the controlled substance alleged.
(3) The director of the Kansas bureau of investigation shall adopt by rulesand regulations the approved field tests; and
(b) physical evidence with a completed evidence custody receipt showing thatsuch evidence has been continuously held in the possession or custody of lawenforcement officers, law enforcement agencies, forensic laboratories or theUnited States postal service since the evidence was seized, shall be admissibleinto evidence in the preliminary examination in the same manner and with thesame force and effect as if all law enforcement officers, evidence custodiansand forensic examiners involved in the chain of custody had testifiedin person.
22-2902c.Preliminary examination; admissability offield test of alleged controlled substances; rules and regulations by Kansasbureau of investigation.At any preliminary examination pursuant to K.S.A. 22-2902, and amendmentsthereto:
(a) (1) The court may admit into evidence an alleged controlled substanceif, prior to the preliminary examination, the alleged controlled substance:
(A) Has been subjected to a field test, which test has been approved by thedirector of the Kansas bureau of investigation;
(B) the field test has been administered by a law enforcement officer trainedin the use of such field test by a person certified by the manufacturer of thatfield test; and
(C) the result of such field test was positive for the presumptive presenceof the alleged controlled substance.
(2) A positive result on a field test described in and conducted pursuant tothis subsection shall be deemed sufficient to establish probable cause tobelieve that the tested substance is the controlled substance alleged.
(3) The director of the Kansas bureau of investigation shall adopt by rulesand regulations the approved field tests; and
(b) physical evidence with a completed evidence custody receipt showing thatsuch evidence has been continuously held in the possession or custody of lawenforcement officers, law enforcement agencies, forensic laboratories or theUnited States postal service since the evidence was seized, shall be admissibleinto evidence in the preliminary examination in the same manner and with thesame force and effect as if all law enforcement officers, evidence custodiansand forensic examiners involved in the chain of custody had testifiedin person.
