Bill Text: IA HSB610 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to a death affecting the public interest and reporting requirements of county medical examiners.

Spectrum: Committee Bill

Status: (N/A - Dead) 2020-02-19 - Committee report, recommending amendment and passage. H.J. 312. [HSB610 Detail]

Download: Iowa-2019-HSB610-Introduced.html
House Study Bill 610 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF PUBLIC SAFETY BILL) A BILL FOR An Act relating to a death affecting the public interest and 1 reporting requirements of county medical examiners. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5375DP (5) 88 hf/rh
S.F. _____ H.F. _____ Section 1. Section 22.7, subsection 41, Code 2020, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . d. Information obtained pursuant to section 3 331.802, subsection 4, paragraph “b” , may only be released for 4 statistical purposes provided individual identities are not 5 ascertainable. 6 Sec. 2. Section 331.802, subsection 3, Code 2020, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . l. Death of a driver involved in a motor 9 vehicle accident. 10 Sec. 3. Section 331.802, subsection 4, Code 2020, is amended 11 to read as follows: 12 4. The county medical examiner shall conduct the 13 investigation in the manner required by the state medical 14 examiner and shall determine whether the public interest 15 requires an autopsy or other special investigation. However, 16 if Notwithstanding this paragraph: 17 a. If the death occurred in the manner specified in 18 subsection 3 , paragraph “j”, the county medical examiner shall 19 order an autopsy, claims for the payment of which shall be 20 filed with the state appeal board and, if authorized by the 21 board, shall be paid out of moneys in the general fund of 22 the state not otherwise appropriated. In determining the 23 need for an autopsy, the county medical examiner may consider 24 the request for an autopsy from a public official or private 25 person, but the state medical examiner or the county attorney 26 of the county where the death occurred may require an autopsy. 27 b. If the death occurred in the manner specified in 28 subsection 3, paragraph “l” , the county medical examiner 29 shall withdraw a sample of the decedent’s blood and provide 30 the sample to the Iowa division of criminal investigation 31 criminalistics laboratory. The Iowa division of criminal 32 investigation criminalistics laboratory shall test the sample 33 for the purpose of determining the alcohol concentration 34 or presence of a controlled substance or other drugs, or 35 -1- LSB 5375DP (5) 88 hf/rh 1/ 2
S.F. _____ H.F. _____ any combination thereof, in the decedent’s blood. The Iowa 1 division of criminal investigation criminalistics laboratory 2 shall retain this information for statistical purposes. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill classifies the death of a driver involved in 7 a motor vehicle accident as a death affecting the public 8 interest. The bill requires a county medical examiner to 9 withdraw a sample of blood from a deceased driver involved in 10 a motor vehicle accident and provide the sample to the Iowa 11 division of criminal investigation criminalistics laboratory. 12 The bill requires the Iowa division of criminal investigation 13 criminalistics laboratory to test the sample for the purpose 14 of determining the alcohol concentration or presence of 15 a controlled substance or other drugs, or any combination 16 thereof, in the decedent’s blood. The bill directs the Iowa 17 division of criminal investigation criminalistics laboratory 18 to retain the results of the testing for statistical purposes. 19 Information obtained under the bill shall only be released as a 20 public record for statistical purposes if individual identities 21 are not ascertainable. 22 -2- LSB 5375DP (5) 88 hf/rh 2/ 2
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