2523

Any investigation personnel intervening or participating as undercover men in drug and controlled substances transaction sale under the provisions of this chapter must give before a prosecuting attorney, within the term of not more than 120 hours after the transaction sale has been made, a sworn declaration of his participation in same and the pertinent facts thereto, unless there is shown just cause for the delay in submitting said declaration within the above-mentioned term.\nWhen the court should determine in the preliminary hearing that said sworn declaration was not made, or that having been made after the term of 120 hours there was no just cause for the delay, then the said sworn declaration or the testimony of the undercover agent shall be produced as evidence.\nIn the determination of just cause there shall be taken into consideration, among other factors, the fact that the investigation undertaken has not been completed within the above-mentioned term of not more than 120 hours.\nHistory —June 23, 1971, No. 4, p. 526, § 523, eff. 180 days after June 23, 1971.