490.733. Hazardous materials, defined, admission of samples into evidence, when--photos, videotapes or lab reports deemed competent evidence.

MISSOURI STATUTES AND CODES

490.733. Hazardous materials, defined, admission of samples into evidence, when--photos, videotapes or lab reports deemed competent evidence.

Hazardous materials, defined, admission of samples into evidence,when--photos, videotapes or lab reports deemed competent evidence.

490.733. 1. As used in this section, the term "hazardous materials"means any substance which is capable of posing an unreasonable risk tohealth, safety and property. It shall include any controlled substance orcontrolled substance analogue as defined in section 195.010, RSMo, or anysubstance which by its nature is explosive, flammable, corrosive,poisonous, radioactive, a biological hazard or a material which may causespontaneous combustion. It shall include, but not be limited to,substances listed in the Table of Hazardous Materials contained in the Codeof Federal Regulations-Title 49 and the National Fire ProtectionAssociation's Fire Protection Guide on Hazardous Materials.

2. Notwithstanding the provisions of section 575.100, RSMo, and withthe approval of the affected court, any law enforcement officer who seizeshazardous materials as evidence related to a criminal investigation maycollect representative samples of such hazardous materials, and destroy ordispose of, or direct another person to destroy or dispose of the remainingquantity of such hazardous materials.

3. In any prosecution, representative samples of hazardous materialsaccompanied by photographs, videotapes, laboratory analysis reports orother means used to verify and document the identity and quantity of thematerial shall be deemed competent evidence of such hazardous materials andshall be admissible in any proceeding, hearing or trial as if suchmaterials had been introduced as evidence.

4. In any prosecution for violation of chapter 195, RSMo, in whichthe weight or quantity of a controlled substance is an element of theoffense, the weight or quantity of the controlled substance necessary toprove the element of the offense shall be held as evidence; except that,any amount of controlled substance in excess of that which is necessary toprove the offense may be destroyed at the direction of the seizing lawenforcement officer. Photographs, videotapes and laboratory analysisreports shall be admissible in any proceeding, hearing or trial as if suchexcess amount of controlled substances had been introduced as evidence.