Marvin Mandel, Governor                       1987

commitment proceeding under the Comprehensive Drug Abuse
Control and Rehabilitation Act OR IS EXAMINED FOR ANY
FORM OF DRUG ABUSE, ANY STATEMENTS MADE OR CON-
CLUSIONS DERIVED SHALL NOT BE ADMISSIBLE IN ANY
PROCEEDING AGAINST SUCH PERSON.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 10 of Article 43B of the Annotated Code of Maryland
(1969 Supplement), title "Comprehensive Drug Abuse Control and
Rehabilitation Act," be and it is hereby repealed and re-enacted,
with amendments, to read as follows:

10.

(a)    The determination that a person is a drug addict and the
subsequent civil commitment under Section 9 shall not be deemed
a criminal conviction. No facts or results of any proceeding, exami-
nation, test, or procedure to determine that a person is a drug addict
pursuant to a civil commitment proceeding under this article shall
be used against such person in any other proceeding.

(b)    Whenever a person shall seek counselling, treatment or
therapy FOR ANY FORM OF DRUG ABUSE from a physician,
psychologist, hospital, or a program or facility authorized by the
Authority to treat any form of drug abuse, no statement, whether
oral or written, made by such person and no observation or conclu-
sion derived from such counselling, treatment or therapy made by
such physician, psychologist, hospital, program or facility pertain-
ing to any form of drug abuse shall be admissible against such person
in any proceeding. Except in an examination ordered pursuant to a

civil commitment proceeding under this article, no facts or results

of any examination to determine the existence of illegal or prohibited
drugs in a person's body shall be admissible in any proceeding
against such person THE FACTS OR RESULTS OF ANY OTHER
EXAMINATION, NOT ORDERED PURSUANT TO A CIVIL COM-

MITMENT PROCEEDING UNDER THIS ARTICLE, TO DETER-
MINE THE EXISTENCE OF ILLEGAL OR PROHIBITED DRUGS
IN A PERSON'S BODY SHALL NOT BE ADMISSIBLE IN ANY
PROCEEDING AGAINST SUCH PERSON., PROVIDED THAT
THE FACTS OR RESULTS OF ANY SUCH EXAMINATION
ORDERED PURSUANT TO A CIVIL COMMITMENT PROCEED-
ING UNDER THIS ARTICLE OR AS A CONDITION OF PAROLE
OR PROBATION SHALL BE ADMISSIBLE IN THE PROCEED-
ING FOR WHICH THE EXAMINATION WAS ORDERED.

Sec. 2. And be it further enacted, That this Act is hereby de-
clared to be an emergency measure and necessary for the im-
mediate preservation of the public health and safety and having
been passed by a yea and nay vote supported by three-fifths of
all the members elected to each of the two Houses of the General
Assembly, the same shall take effect from the date of its passage.

Approved May 21, 1970.