House Bill No. by Representative Butler seeks to strengthen the legal framework for mandatory drug testing, screening, and assessment of offenders eligible for drug and specialty court programs. The bill amends Articles 320 and 893 of the Code of Criminal Procedure to require pretrial drug testing for individuals arrested for specific offenses, including violations of the Uniform Controlled Dangerous Substances Law. It mandates that drug testing be conducted within 24 hours of booking, followed by random testing, and establishes a clinical screening process to assess substance use disorders and suitability for drug or specialty court programs. The bill also emphasizes the confidentiality of drug testing records and provides for automatic expungement of records under certain conditions.

Additionally, the bill introduces new provisions under Article 904, detailing the criteria for assessing a defendant's eligibility for drug or specialty court programs. It requires licensed treatment professionals to conduct assessments using validated tools and report findings to the court while ensuring that all information remains confidential. The legislation clarifies that certain felony convictions set aside will not count as prior convictions for enhancement purposes and stipulates that funding for the administration of these courts will be subject to legislative appropriation. Overall, the bill aims to improve the management of offenders with substance use issues while safeguarding their rights and privacy throughout the legal process.

Statutes affected:
HB633 Original: 13:5304(B)(3), 15:1(C)(3)