House Bill No. by Representative Butler seeks to improve the procedures for mandatory drug testing, screening, and assessment for offenders in drug and specialty court programs. The bill amends Articles 320 and 893 of the Code of Criminal Procedure to mandate pretrial drug testing within 24 hours of booking for individuals arrested for specific offenses, including violations of the Uniform Controlled Dangerous Substances Law and crimes of violence. It establishes a protocol for random drug testing thereafter and requires clinical screenings for those who test positive to evaluate their eligibility for drug or specialty court programs. The legislation also emphasizes the confidentiality of drug testing records and allows for automatic expungement of records under certain conditions.

Additionally, the bill introduces new provisions under Article 904, which detail the assessment criteria for defendants seeking entry into drug or specialty court programs. It mandates that a licensed treatment professional conduct assessments using validated tools and report the results to the court while ensuring the confidentiality of all information gathered during the process. The bill also stipulates that statements made to treatment professionals regarding specific offenses are inadmissible in civil or criminal proceedings, except for eligibility assessments. Furthermore, it provides for automatic expungement of records for individuals who successfully complete the programs and clarifies that certain felony convictions will not count as prior convictions for future sentencing enhancements. Overall, the bill aims to facilitate access to treatment for nonviolent offenders while safeguarding their privacy rights.

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