Bill Text: IA SF556 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the admissibility of the results of an analysis of a person's blood, breath, or urine in criminal and administrative proceedings.(Formerly SF 505.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-04-01 - Referred to Judiciary. S.J. 726. [SF556 Detail]
Download: Iowa-2021-SF556-Introduced.html
Senate
File
556
-
Introduced
SENATE
FILE
556
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
505)
A
BILL
FOR
An
Act
relating
to
the
admissibility
of
the
results
of
an
1
analysis
of
a
person’s
blood,
breath,
or
urine
in
criminal
2
and
administrative
proceedings.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2532SV
(1)
89
th/ns
S.F.
556
Section
1.
NEW
SECTION
.
321J.15A
Evidence
in
any
action
——
1
medical
treatment.
2
1.
Notwithstanding
section
622.10
or
any
other
provision
3
of
law
to
the
contrary,
the
results
of
an
analysis
of
a
4
specimen
of
a
person’s
blood,
breath,
or
urine
collected
for
5
the
purpose
of
rendering
medical
treatment
by
a
licensed
6
physician,
licensed
physician
assistant
as
defined
in
section
7
148C.1,
medical
technologist,
or
registered
nurse
from
a
person
8
who
operated
a
motor
vehicle,
motorboat,
or
sailboat
and
was
9
involved
in
an
accident
or
collision
and
who
was
transported
10
to
a
medical
facility
within
or
outside
this
state
for
such
11
medical
treatment
shall
be
admissible
in
a
criminal
proceeding
12
for
a
violation
of
section
321J.2,
462A.14,
707.6A,
or
707.8,
13
subsection
4
or
9,
to
prove
the
alcohol
concentration,
or
14
the
presence
of
a
controlled
substance
or
other
drugs,
or
a
15
combination
of
such
substances,
in
the
person’s
blood,
breath,
16
or
urine
at
the
time
of
the
accident
or
collision.
The
results
17
of
the
analysis
of
the
specimen
shall
be
admissible
regardless
18
of
whether
a
peace
officer
requested
the
person
to
submit
to
19
a
test
as
provided
in
section
321J.6
or
the
person
refused
a
20
chemical
test,
provided
that
all
of
the
following
apply:
21
a.
Probable
cause
existed
that
the
blood,
breath,
or
urine
22
collected
and
analyzed
would
produce
evidence
of
intoxication.
23
b.
The
method
used
to
collect
the
specimen
was
reasonable.
24
2.
A
licensed
physician,
licensed
physician
assistant
as
25
defined
in
section
148C.1,
medical
technologist,
or
registered
26
nurse
who
performs
a
chemical
test
to
analyze
the
alcohol
27
concentration
of,
or
the
presence
of
a
controlled
substance
or
28
other
drugs
in,
a
person’s
blood,
breath,
or
urine
to
provide
29
medical
treatment
for
the
person
who
operated
a
motor
vehicle,
30
motorboat,
or
sailboat
and
was
involved
in
an
accident
or
31
collision
shall
disclose
the
results
of
the
analysis
to
all
of
32
the
following:
33
a.
A
prosecuting
attorney
who
requests
the
results
of
the
34
analysis
of
a
specimen
of
the
person’s
blood,
breath,
or
urine
35
-1-
LSB
2532SV
(1)
89
th/ns
1/
5
S.F.
556
for
use
in
a
criminal
proceeding.
1
b.
A
prosecuting
attorney
in
another
state
who
requests
the
2
results
of
the
analysis
of
a
specimen
of
the
person’s
blood,
3
breath,
or
urine
for
use
in
a
criminal
proceeding
for
operating
4
while
intoxicated,
or
a
law
of
the
other
state
similar
to
this
5
chapter
or
section
462A.14,
or
motor
vehicle
homicide
under
the
6
laws
of
the
other
state.
This
paragraph
shall
only
apply
if
7
the
other
state
requires
a
similar
disclosure
by
a
person
in
8
the
other
state
to
a
prosecuting
attorney
in
Iowa
who
requests
9
the
results
of
an
analysis
of
a
specimen
of
a
person’s
blood,
10
breath,
or
urine
for
use
in
a
criminal
proceeding.
11
3.
The
results
of
an
analysis
of
a
specimen
of
a
person’s
12
blood,
breath,
or
urine
are
admissible
as
evidence
regardless
13
of
the
time
when
the
related
medical
records
were
prepared
or
14
the
specimen
was
collected.
15
4.
a.
Provisions
of
law
pertaining
to
the
confidentiality
16
of
medical
records
and
medical
treatment
do
not
apply
to
the
17
results
of
an
analysis
of
a
person’s
blood,
breath,
or
urine
18
under
the
provisions
of
this
section
for
criminal
proceedings
19
as
specified
in
subsection
1.
20
b.
A
person
shall
not
be
liable
for
civil
damages
for
21
disclosing
or
using
the
results
of
an
analysis
of
a
specimen
22
of
a
person’s
blood,
breath,
or
urine
as
evidence
under
this
23
section
or
as
a
result
of
a
person’s
testimony
made
available
24
under
this
section.
25
5.
a.
An
employee
of
a
medical
laboratory
located
within
26
or
outside
this
state
is
presumed
to
be
qualified
to
analyze
27
and
identify
a
person’s
blood,
breath,
or
urine
when
done
by
28
the
employee
in
the
normal
course
of
employment
at
the
medical
29
laboratory,
provided
that
the
laboratory
is
accredited
at
the
30
time
of
the
analysis
with
the
agency
of
the
state
in
which
the
31
laboratory
is
located.
32
b.
A
report,
including
a
copy
of
a
report
or
other
33
findings,
of
an
employee
of
a
medical
laboratory
shall
be
34
received
as
evidence,
subject
to
a
relevancy
determination,
35
-2-
LSB
2532SV
(1)
89
th/ns
2/
5
S.F.
556
in
any
proceeding
in
the
same
manner
and
with
the
same
force
1
and
effect
as
if
the
employee
of
the
medical
laboratory
who
2
completed
the
requested
analysis,
comparison,
or
identification
3
of
a
person’s
blood,
breath,
or
urine
was
present
to
testify.
4
(1)
A
person
may
request
that
an
employee
of
a
medical
5
facility
be
present
to
testify
as
a
witness
for
the
state,
6
including
a
state
agency
or
department,
at
a
criminal
trial,
7
administrative
hearing,
or
related
proceeding,
by
notifying
8
the
county
attorney,
or
in
the
case
of
an
administrative
9
proceeding,
the
agency
or
department,
at
least
ten
days
before
10
the
date
of
the
criminal
trial,
administrative
hearing,
or
11
related
proceeding.
12
(2)
A
person
in
any
other
civil
proceeding
may
request
an
13
employee
to
testify
in
person
by
subpoena.
14
Sec.
2.
Section
462A.14,
subsection
8,
unnumbered
paragraph
15
1,
Code
2021,
is
amended
to
read
as
follows:
16
In
any
prosecution
under
this
section
,
evidence
of
the
17
results
of
analysis
of
a
specimen
of
the
defendant’s
blood,
18
breath,
or
urine
is
admissible
upon
proof
of
a
proper
19
foundation.
The
results
of
an
analysis
of
the
defendant’s
20
blood,
breath,
or
urine
are
admissible
for
prosecutions
under
21
this
section
if
collected
and
analyzed
pursuant
to
section
22
321J.15A.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
authorizes
the
results
of
an
analysis
of
a
person’s
27
blood,
breath,
or
urine
(specimen)
to
be
used
as
evidence
in
a
28
criminal
proceeding
for
operating
a
motor
vehicle,
motorboat,
29
or
sailboat
while
intoxicated
(OWI),
homicide
or
serious
injury
30
by
vehicle
involving
OWI,
and
unintentional
termination
of
a
31
human
pregnancy
as
a
result
of
injury
by
vehicle
involving
OWI.
32
The
specimen
must
be
collected
for
the
purpose
of
rendering
33
medical
treatment.
The
specimen
must
be
collected
by
a
34
licensed
physician,
licensed
physician
assistant,
medical
35
-3-
LSB
2532SV
(1)
89
th/ns
3/
5
S.F.
556
technologist,
or
registered
nurse
(medical
professional).
1
The
test
results
are
admissible
in
a
criminal
proceeding
2
when
a
specimen
is
collected
from
a
person
who
operated
a
3
motor
vehicle,
motorboat,
or
sailboat
and
was
involved
in
an
4
accident
or
collision
and
who
is
transported
to
a
medical
5
facility
within
or
outside
Iowa.
Regardless
of
whether
a
peace
6
officer
requested
the
person
to
submit
to
a
test
as
provided
in
7
Code
section
321J.6
or
the
person
refused
a
chemical
test,
the
8
bill
authorizes
the
admissibility
of
the
evidence
if
probable
9
cause
existed
that
the
specimen
would
produce
evidence
of
10
intoxication
and
the
method
used
to
collect
the
specimen
sample
11
was
reasonable.
12
The
bill
requires
a
medical
professional
to
disclose
13
the
results
of
an
analysis
of
a
specimen
to
a
prosecuting
14
attorney
in
Iowa
who
requests
the
results
for
use
in
a
criminal
15
proceeding
and
to
a
prosecuting
attorney
in
another
state
under
16
certain
circumstances
set
forth
in
the
bill.
17
The
bill
authorizes
the
use
of
the
results
as
evidence
18
regardless
of
the
time
when
the
related
medical
records
were
19
prepared
or
the
specimen
was
collected.
20
The
bill
makes
inapplicable
any
confidentiality
provisions
21
pertaining
to
medical
records
and
medical
treatment
related
to
22
the
analysis
of
chemical
tests
performed.
The
bill
limits
the
23
liability
of
a
person
for
civil
damages
who
discloses
or
uses
24
the
results
of
analysis
of
a
specimen
as
evidence.
25
The
bill
specifies
that
for
the
purpose
of
providing
26
foundation
for
evidence,
an
employee
of
a
medical
laboratory
27
is
presumed
to
be
qualified
to
analyze
and
identify
a
specimen
28
when
done
by
the
employee
in
the
normal
course
of
employment
at
29
the
medical
laboratory,
if
the
laboratory
is
accredited
at
the
30
time
of
the
analysis.
31
The
bill
authorizes
a
report
or
other
findings
of
an
employee
32
of
a
medical
laboratory
to
be
received
as
evidence
in
any
33
proceeding
in
place
of
in-person
testimony.
However,
a
person
34
may
request
that
an
employee
of
a
medical
facility
be
present
35
-4-
LSB
2532SV
(1)
89
th/ns
4/
5
S.F.
556
to
testify
by
notifying
the
county
attorney,
or
in
the
case
1
of
an
administrative
proceeding,
the
agency
or
department,
at
2
least
10
days
prior
to
the
proceeding.
A
person
in
any
other
3
civil
proceeding
may
request
an
employee
to
testify
in
person
4
by
subpoena.
5
-5-
LSB
2532SV
(1)
89
th/ns
5/
5
