SB6 HFA Fleischauer 3-8

Delegate Fleischauer moves to amend the SB6 HJUD AM 3-4 amendment on page 2, section 6, lines 29 through 35, by striking out subsection (c) in its entirety;


On page 4, section 6, line 36 by re-lettering subsection (d) to subsection (c);


On pages 3 and 4, section 6, lines 39 through 45, by striking out subsection (e) in its entirety, and inserting in lieu thereof, the following:

(e) Issuance and execution of warrants shall be as follows:
(1) A judge of any court of record in this state having criminal jurisdiction, and upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of authorizing drug tests under this act or rules hereunder.
(2) A warrant shall issue only upon an affidavit of a case worker or designated officer having knowledge of the facts alleged, sworn to before the judge and establishing the grounds for issuing the warrant. Grounds for determining probable cause may include:
(i) The results of the drug screen;
(ii) Convictions for drug -related offenses within 3 years of the date of application;
(iii) Observations of the case worker during the application process;
(iv) Any other information volunteered during the application or which is otherwise publicly available;
(3) If the judge is satisfied that grounds for the application exist or that there is probable cause to believe they exist, the judge shall issue a warrant authorizing collection of a urine sample for drug test for the purposes of determining eligibility for TANF  benefits as provided for in this section.  The warrant shall:
(i) State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof;
(ii) Be directed to a person or agency authorized to execute it;
(iii) Command the person to whom it is directed to provide a urine sample pursuant to administrative rules;
(iv) Direct that it be served during normal business hours and designate the judge to whom it shall be returned.
(4) A warrant issued pursuant to this section must be executed within ten days of its date unless, upon a showing of a need for additional time, the court orders otherwise. Upon issuance of a warrant an applicant shall be required to complete a drug test. The cost of administering the drug test is the responsibility of the Department of Health and Human Resources. Any applicant whose drug test results are positive may request that the drug test specimen be sent to an alternative drug-testing facility for additional drug testing. Any applicant who requests an additional drug test at an alternative drug-testing facility shall be required to pay the cost of the alternative drug test.

And, renumbering the subsequent subsections accordingly.