Senate
Study
Bill
3177
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOGG)
A
BILL
FOR
An
Act
relating
to
the
testing
of
a
person’s
blood,
breath,
or
1
urine
in
an
operating-while-intoxicated
case.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5120SC
(3)
85
rh/nh
S.F.
_____
Section
1.
Section
321J.2,
subsection
11,
Code
2014,
is
1
amended
to
read
as
follows:
2
11.
a.
This
section
does
not
apply
to
a
person
operating
3
a
motor
vehicle
while
under
the
influence
of
a
drug
if
the
4
substance
When
charged
with
a
violation
of
subsection
1,
5
paragraph
“a”
,
a
person
who
has
consented
to
testing
in
6
accordance
with
section
321J.6
may
assert,
as
an
affirmative
7
defense,
that
the
drug
that
caused
the
intoxication
was
8
prescribed
for
the
person
and
was
taken
under
the
prescription
9
and
in
accordance
with
the
directions
of
a
medical
practitioner
10
as
defined
in
chapter
155A
or
if
that
the
substance
drug
was
11
dispensed
by
a
pharmacist
without
a
prescription
pursuant
to
12
the
rules
of
the
board
of
pharmacy,
if
there
is
no
evidence
13
of
the
consumption
of
alcohol
and
the
medical
practitioner
14
or
pharmacist
had
not
directed
the
person
to
refrain
from
15
operating
a
motor
vehicle
the
written
information
or
labeling
16
directions
provided
by
the
pharmacy
do
not
caution
the
person
17
that
the
drug
could
adversely
affect
the
person’s
ability
to
18
safely
operate
a
motor
vehicle
.
19
b.
When
charged
with
a
violation
of
subsection
1
,
paragraph
20
“c”
,
a
person
may
assert,
as
an
affirmative
defense,
that
21
the
controlled
substance
present
in
the
person’s
blood
or
22
urine
was
prescribed
or
dispensed
for
the
person
and
was
taken
23
in
accordance
with
the
directions
of
a
practitioner
and
the
24
labeling
directions
of
the
pharmacy,
as
that
person
and
place
25
of
business
are
defined
in
section
155A.3
.
26
c.
(1)
A
person
asserting
an
affirmative
defense
pursuant
27
to
this
subsection
shall
provide
notice
to
the
state
not
28
later
than
forty
days
after
arraignment.
At
the
time
notice
29
is
provided,
the
person
shall
provide
a
list
of
witnesses
30
and
shall
allow
the
state
to
inspect
and
copy
any
records
or
31
statements
upon
which
the
witnesses
will
rely
in
testifying.
32
(2)
Failure
to
comply
with
the
requirements
of
this
lettered
33
paragraph
“c”
bars
introduction
of
any
evidence
of
impairment
34
caused
by
a
prescription
drug
or
any
evidence
of
the
presence
35
-1-
LSB
5120SC
(3)
85
rh/nh
1/
12
S.F.
_____
of
a
controlled
substance
in
a
prescribed
drug,
except
the
1
testimony
of
the
person,
without
leave
of
the
court
for
good
2
cause
shown.
3
d.
A
person
asserting
an
affirmative
defense
directly
4
relating
to
the
person’s
prescription
or
prescriptions
waives
5
all
of
the
following:
6
(1)
The
confidentiality
privilege
pursuant
to
section
7
622.10.
8
(2)
Any
privilege
or
nondisclosure
requirement
under
state
9
or
federal
privacy
laws.
10
Sec.
2.
Section
321J.8,
subsection
1,
paragraph
a,
Code
11
2014,
is
amended
to
read
as
follows:
12
a.
If
the
person
refuses
to
submit
to
the
test
and
the
13
person
has
had
no
previous
conviction
or
revocation
under
this
14
chapter
and
has
not
been
involved
in
an
accident
resulting
15
in
personal
injury
or
property
damage
,
the
person’s
driver’s
16
license
or
nonresident
operating
privilege
will
be
revoked
by
17
the
department
as
required
by
and
for
the
applicable
period
18
specified
under
section
321J.9
.
19
Sec.
3.
Section
321J.8,
subsection
1,
Code
2014,
is
amended
20
by
adding
the
following
new
paragraphs:
21
NEW
PARAGRAPH
.
0b.
If
the
person
refuses
to
submit
to
22
the
test
and
the
person
has
had
a
previous
conviction
or
23
revocation
under
this
chapter,
the
person’s
driver’s
license
24
or
nonresident
operating
privilege
will
be
revoked
by
the
25
department
as
required
by
and
for
the
applicable
period
26
specified
under
section
321J.9.
The
person
shall
also
be
27
advised
that
notwithstanding
the
person’s
refusal,
the
peace
28
officer
may
apply
to
a
magistrate
to
secure
a
search
warrant
to
29
compel
withdrawal
of
a
specimen
of
the
person’s
blood
or
urine
30
or
both.
31
NEW
PARAGRAPH
.
00b.
If
the
person
refuses
to
submit
to
the
32
test,
the
person
shall
be
prohibited
from
presenting
medical
33
or
pharmaceutical
evidence
that
the
violation
of
section
34
321J.2
was
caused
by
a
prescription
or
a
controlled
substance
35
-2-
LSB
5120SC
(3)
85
rh/nh
2/
12
S.F.
_____
dispensed
by
a
pharmacy.
1
Sec.
4.
Section
321J.9,
subsection
1,
Code
2014,
is
amended
2
to
read
as
follows:
3
1.
If
a
person
refuses
to
submit
to
the
chemical
4
testing
and
the
person
has
not
had
a
previous
conviction
or
5
revocation
under
this
chapter
,
a
test
shall
not
be
given,
6
but
the
department,
upon
the
receipt
of
the
peace
officer’s
7
certification,
subject
to
penalty
for
perjury,
that
the
officer
8
had
reasonable
grounds
to
believe
the
person
to
have
been
9
operating
a
motor
vehicle
in
violation
of
section
321J.2
or
10
321J.2A
,
that
specified
conditions
existed
for
chemical
testing
11
pursuant
to
section
321J.6
,
and
that
the
person
refused
to
12
submit
to
the
chemical
testing,
shall
revoke
the
person’s
13
driver’s
license
and
any
nonresident
operating
privilege
for
14
the
following
periods
of
time:
15
a.
One
one
year
if
the
person
has
no
previous
revocation
16
under
this
chapter
;
and
17
b.
Two
years
if
the
person
has
had
a
previous
revocation
18
under
this
chapter
.
19
Sec.
5.
Section
321J.9,
Code
2014,
is
amended
by
adding
the
20
following
new
subsection:
21
NEW
SUBSECTION
.
1A.
If
a
person
refuses
to
submit
to
the
22
chemical
testing
and
the
person
has
had
a
previous
conviction
23
or
revocation
under
this
chapter,
a
test
may
be
compelled
24
pursuant
to
section
321J.10
and
the
department,
upon
the
25
receipt
of
the
peace
officer’s
certification,
subject
to
26
penalty
for
perjury,
that
the
officer
had
reasonable
grounds
27
to
believe
the
person
to
have
been
operating
a
motor
vehicle
28
in
violation
of
section
321J.2
or
321J.2A,
that
specified
29
conditions
existed
for
chemical
testing
pursuant
to
section
30
321J.6,
and
that
the
person
refused
to
submit
to
the
chemical
31
testing,
shall
revoke
the
person’s
driver’s
license
and
any
32
nonresident
operating
privilege
for
two
years.
This
subsection
33
shall
apply
regardless
of
whether
a
test
was
compelled
pursuant
34
to
section
321J.10.
35
-3-
LSB
5120SC
(3)
85
rh/nh
3/
12
S.F.
_____
Sec.
6.
Section
321J.9,
subsection
2,
paragraph
a,
Code
1
2014,
is
amended
to
read
as
follows:
2
a.
A
person
whose
driver’s
license
or
nonresident
operating
3
privileges
are
revoked
under
subsection
1
shall
not
be
eligible
4
for
a
temporary
restricted
license
for
at
least
ninety
days
5
after
the
effective
date
of
the
revocation.
A
temporary
6
restricted
license
issued
to
a
person
whose
driver’s
license
or
7
nonresident
driving
privilege
has
been
revoked
under
subsection
8
1
,
paragraph
“b”
1A
,
shall
be
issued
in
accordance
with
section
9
321J.20,
subsection
2
.
10
Sec.
7.
Section
321J.10,
subsections
1,
4,
7,
and
9,
Code
11
2014,
are
amended
to
read
as
follows:
12
1.
Refusal
to
consent
to
a
test
under
section
321J.6
does
13
not
prohibit
the
withdrawal
of
a
specimen
for
chemical
testing
14
pursuant
to
a
search
warrant
issued
in
the
investigation
of
a
15
suspected
violation
of
section
321J.2,
subsection
2,
paragraph
16
“b”
or
“c”
or
section
707.5
or
707.6A
if
all
of
the
following
17
grounds
exist:
18
a.
A
traffic
accident
has
resulted
in
a
death
or
personal
19
injury
reasonably
likely
to
cause
death.
20
b.
There
are
reasonable
grounds
to
believe
that
one
or
more
21
of
the
persons
whose
driving
may
have
been
the
proximate
cause
22
of
the
accident
was
violating
section
321J.2
at
the
time
of
the
23
accident
.
24
4.
a.
Search
warrants
issued
under
this
section
shall
25
authorize
and
direct
peace
officers
to
secure
the
withdrawal
26
of
blood
or
urine
specimens
by
medical
personnel
under
section
27
321J.11
.
Reasonable
care
shall
be
exercised
to
ensure
the
28
health
and
safety
of
the
persons
from
whom
specimens
are
29
withdrawn
in
execution
of
the
warrants.
30
b.
If
a
person
from
whom
a
specimen
is
to
be
withdrawn
31
objects
to
the
withdrawal
of
blood,
the
warrant
may
be
executed
32
as
follows:
33
(1)
If
but
the
person
is
capable
of
giving
a
specimen
of
34
breath,
and
a
direct
breath
testing
instrument
is
readily
35
-4-
LSB
5120SC
(3)
85
rh/nh
4/
12
S.F.
_____
available,
the
warrant
may
be
executed
by
the
withdrawal
of
1
a
specimen
of
breath
for
chemical
testing,
unless
the
peace
2
officer
has
reasonable
grounds
to
believe
that
the
person
was
3
under
the
influence
of
a
controlled
substance,
a
drug
other
4
than
alcohol,
or
a
combination
of
alcohol
and
another
drug.
5
(2)
c.
If
the
testimony
in
support
of
the
warrant
sets
6
forth
facts
and
information
that
the
peace
officer
has
7
reasonable
grounds
to
believe
that
the
person
was
under
the
8
influence
of
a
controlled
substance,
a
drug
other
than
alcohol,
9
or
a
combination
of
alcohol
and
another
drug,
a
urine
sample
10
shall
may
be
collected
in
lieu
of
or
in
addition
to
a
blood
11
sample
,
if
the
person
is
capable
of
giving
a
urine
sample
and
12
the
sample
can
be
collected
without
the
need
to
physically
13
compel
the
execution
of
the
warrant
.
If
the
person
from
whom
a
14
specimen
of
urine
is
to
be
collected
objects
to
the
withdrawal
15
of
a
urine
sample,
a
urine
sample
may
be
taken
if
the
person
16
is
capable
of
giving
a
urine
sample
and
the
sample
can
be
17
collected
without
the
need
to
physically
compel
withdrawal
of
18
the
sample.
19
7.
Specimens
obtained
pursuant
to
warrants
issued
under
20
this
section
or
under
chapter
808
in
the
investigation
of
a
21
suspected
violation
of
section
321J.2,
subsection
2,
paragraph
22
“b”
or
“c”
,
or
section
707.5
or
707.6A
are
not
subject
to
23
disposition
under
section
808.9
or
chapter
809
or
809A
.
24
9.
Medical
personnel
who
use
reasonable
care
and
accepted
25
medical
practices
in
withdrawing
blood
or
urine
specimens
are
26
immune
from
liability
for
their
actions
in
complying
with
27
requests
made
of
them
pursuant
to
search
warrants
or
pursuant
28
to
section
321J.11
.
29
Sec.
8.
Section
321J.10,
subsection
3,
paragraph
c,
Code
30
2014,
is
amended
to
read
as
follows:
31
c.
The
oral
application
testimony
shall
set
forth
facts
and
32
information
tending
to
establish
the
existence
of
the
grounds
33
for
the
warrant
and
shall
describe
with
a
reasonable
degree
of
34
specificity
the
person
or
persons
whose
driving
is
believed
35
-5-
LSB
5120SC
(3)
85
rh/nh
5/
12
S.F.
_____
to
have
been
the
proximate
cause
of
the
accident
and
from
1
whom
a
specimen
is
to
be
withdrawn
and
the
location
where
the
2
withdrawal
of
the
specimen
or
specimens
is
to
take
place.
3
Sec.
9.
Section
321J.10,
Code
2014,
is
amended
by
adding
the
4
following
new
subsection:
5
NEW
SUBSECTION
.
10.
A
constitutionally
valid
search
6
warrant
issued
under
subsection
3
or
chapter
808
shall
not
7
be
held
invalid
solely
because
of
an
error
of
fact
made
in
8
good
faith
as
to
whether
the
grounds
specified
in
subsection
1
9
exist.
10
Sec.
10.
Section
321J.10A,
Code
2014,
is
amended
to
read
as
11
follows:
12
321J.10A
Blood,
breath,
or
urine
specimen
withdrawal
without
13
a
warrant.
14
1.
Notwithstanding
section
321J.10
,
if
a
person
is
under
15
arrest
for
an
offense
arising
out
of
acts
alleged
to
have
16
been
committed
while
the
person
was
operating
a
motor
vehicle
17
in
violation
of
section
321J.2
or
321J.2A
,
and
that
arrest
18
results
from
an
accident
that
causes
a
death
or
personal
injury
19
reasonably
likely
to
cause
death,
a
chemical
test
of
blood
or
20
urine
may
be
administered
without
the
consent
of
the
person
21
arrested
to
determine
the
amount
of
alcohol
or
a
controlled
22
substance
in
that
person’s
blood
or
urine
if
all
of
the
23
following
circumstances
exist:
24
a.
The
peace
officer
reasonably
believes
the
blood
drawn
or
25
urine
sample
will
produce
evidence
of
intoxication.
26
b.
The
method
used
to
take
the
blood
or
urine
sample
is
27
reasonable
and
performed
in
a
reasonable
manner
by
medical
28
personnel
under
section
321J.11
.
29
c.
The
peace
officer
reasonably
believes
the
officer
is
30
confronted
with
an
emergency
situation
in
which
the
delay
31
necessary
to
obtain
a
warrant
under
section
321J.10
threatens
32
the
destruction
of
the
evidence.
33
2.
If
the
person
from
whom
a
specimen
of
blood
is
to
be
34
withdrawn
objects
to
the
withdrawal,
a
breath
or
urine
sample
35
-6-
LSB
5120SC
(3)
85
rh/nh
6/
12
S.F.
_____
may
be
taken
under
the
following
circumstances:
1
a.
If
the
person
is
capable
of
giving
a
specimen
of
breath,
2
and
a
direct
breath
testing
instrument
is
readily
available,
3
the
withdrawal
of
a
specimen
of
the
person’s
breath
may
be
4
taken
for
chemical
testing,
unless
the
peace
officer
has
5
reasonable
grounds
to
believe
that
the
person
was
under
the
6
influence
of
a
controlled
substance,
a
drug
other
than
alcohol,
7
or
a
combination
of
alcohol
and
another
drug
if
the
peace
8
officer
has
reasonable
grounds
to
believe
that
the
person’s
9
intoxication
or
impairment
is
due
to
alcohol
only,
the
person
10
is
capable
of
giving
a
breath
specimen,
and
an
evidential
11
breath
testing
device
is
readily
available
.
12
b.
3.
If
the
peace
officer
has
reasonable
grounds
to
13
believe
that
the
person
was
under
the
influence
of
a
controlled
14
substance,
a
drug
other
than
alcohol,
or
a
combination
of
15
alcohol
and
another
drug,
and
the
person
from
whom
the
specimen
16
of
urine
is
to
be
collected
objects
to
the
withdrawal
of
a
17
urine
sample
shall
be
collected
in
lieu
of
a
blood
sample
,
a
18
sample
may
be
taken
if
the
person
is
capable
of
giving
a
urine
19
sample
and
the
sample
can
be
collected
without
the
need
to
20
physically
compel
withdrawal
of
the
sample
.
21
Sec.
11.
Section
321J.11,
unnumbered
paragraph
1,
Code
22
2014,
is
amended
to
read
as
follows:
23
Only
a
licensed
physician,
licensed
physician
assistant
as
24
defined
in
section
148C.1
,
phlebotomist,
medical
technologist,
25
or
registered
nurse,
acting
at
the
request
of
a
peace
officer,
26
may
withdraw
a
specimen
of
blood
or
urine
for
the
purpose
27
of
determining
the
alcohol
concentration
or
the
presence
of
28
a
controlled
substance
or
other
drugs.
However,
any
peace
29
officer,
using
devices
and
methods
approved
by
the
commissioner
30
of
public
safety,
may
take
a
specimen
of
a
person’s
breath
31
or
collect
a
specimen
of
a
person’s
urine
for
the
purpose
of
32
determining
the
alcohol
concentration,
or
may
take
collect
a
33
specimen
of
a
person’s
urine
for
the
purpose
of
determining
the
34
presence
of
a
controlled
substance
or
other
drugs.
Only
new
35
-7-
LSB
5120SC
(3)
85
rh/nh
7/
12
S.F.
_____
equipment
kept
under
strictly
sanitary
and
sterile
conditions
1
shall
be
used
for
drawing
blood
or
for
withdrawing
urine.
If
2
the
officer
determines
that
urine
should
be
collected
from
a
3
person
receiving
medical
attention
and
the
urine
is
collected
4
through
the
use
of
a
catheter,
a
peace
officer
may
collect
a
5
sample
of
the
person’s
urine
from
the
catheter
bag
and
the
6
test
results
from
such
a
sample
are
admissible
notwithstanding
7
any
claim
of
privilege
under
section
622.10,
any
privilege
8
under
federal
privacy
laws,
or
any
nondisclosure
requirements
9
asserted
by
the
person
or
on
the
person’s
behalf
.
10
Sec.
12.
Section
321J.16,
Code
2014,
is
amended
to
read
as
11
follows:
12
321J.16
Proof
of
refusal
admissible.
13
If
a
person
refuses
to
submit
to
a
chemical
test,
proof
14
of
refusal
is
admissible
in
any
civil
or
criminal
action
or
15
proceeding
arising
out
of
acts
alleged
to
have
been
committed
16
while
the
person
was
operating
a
motor
vehicle
in
violation
17
of
section
321J.2
or
321J.2A
.
If,
following
a
refusal,
a
18
specimen
is
collected
for
testing
pursuant
to
section
321J.10
19
or
321J.10A
or
chapter
808,
the
results
of
the
testing
are
also
20
admissible.
21
Sec.
13.
Section
321J.20,
subsection
1,
paragraph
b,
Code
22
2014,
is
amended
to
read
as
follows:
23
b.
A
temporary
restricted
license
may
be
issued
under
this
24
subsection
if
the
person’s
noncommercial
driver’s
license
is
25
revoked
for
two
years
under
section
321J.4,
subsection
2
,
or
26
section
321J.9,
subsection
1
,
paragraph
“b”
1A
,
and
the
first
27
three
hundred
sixty-five
days
of
the
revocation
have
expired.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
relates
to
operating-while-intoxicated
cases.
32
Under
current
law,
a
person’s
use
of
a
valid
drug
33
prescription
taken
in
accordance
with
the
directions
of
34
a
medical
practitioner
or
pharmacist
is
a
defense
to
an
35
-8-
LSB
5120SC
(3)
85
rh/nh
8/
12
S.F.
_____
operating-while-intoxicated
(OWI)
charge
under
Code
section
1
321J.2
if
there
is
no
evidence
of
alcohol
consumption
and
the
2
medical
practitioner
or
pharmacist
did
not
direct
the
person
3
to
refrain
from
operating
a
motor
vehicle.
The
bill
amends
4
this
law
to
provide
that
a
person
who
is
charged
with
an
OWI
5
violation
while
under
the
influence
of
an
alcoholic
beverage
6
or
other
drug
or
a
combination
of
both
who
has
consented
7
to
testing
in
accordance
with
Code
section
321J.6
(implied
8
consent)
may
assert,
as
an
affirmative
defense,
that
the
drug
9
that
caused
the
intoxication
was
prescribed
or
dispensed
for
10
the
person
and
was
taken
in
accordance
with
the
directions
of
11
a
practitioner
or
that
the
drug
was
dispensed
by
a
pharmacist
12
without
a
prescription,
if
there
is
no
evidence
of
alcohol
13
consumption
and
the
pharmacy
information
fails
to
caution
the
14
person
about
the
adverse
effects
of
the
drug
on
driving.
15
Current
law
also
provides
that
a
person
charged
with
an
16
OWI
offense
based
upon
the
presence
of
a
controlled
substance
17
in
the
person’s
blood
or
urine
may
assert,
as
an
affirmative
18
defense,
that
the
controlled
substance
was
prescribed
or
19
dispensed
for
the
person
and
was
taken
in
accordance
with
the
20
directions
of
a
practitioner
and
the
labeling
directions
of
the
21
pharmacy.
22
The
bill
provides
that
a
person
asserting
an
affirmative
23
prescription
drug
defense
is
required
to
provide
notice
to
24
the
state
not
later
than
40
days
after
arraignment.
At
the
25
time
notice
is
provided,
the
person
is
required
to
provide
a
26
list
of
witnesses
and
shall
allow
the
state
to
inspect
and
27
copy
any
records
or
statements
upon
which
the
witnesses
will
28
rely
in
testifying.
Failure
to
comply
with
these
requirements
29
bars
introduction
of
any
evidence
of
impairment
caused
by
30
a
prescription
drug
or
any
evidence
of
the
presence
of
a
31
controlled
substance
in
a
prescribed
drug,
except
the
testimony
32
of
the
person,
without
leave
of
the
court
for
good
cause
shown.
33
The
bill
provides
that
a
person
asserting
an
affirmative
34
defense
directly
relating
to
the
person’s
prescription
or
35
-9-
LSB
5120SC
(3)
85
rh/nh
9/
12
S.F.
_____
prescriptions
waives
the
confidentiality
privilege
pursuant
to
1
Code
section
622.10
(confidential
professional
communications)
2
and
any
privilege
or
nondisclosure
requirement
under
state
or
3
federal
privacy
laws.
4
CODE
SECTION
321J.10
(TESTS
PURSUANT
TO
WARRANTS).
Under
5
current
law,
refusal
to
consent
to
a
test
under
Code
section
6
321J.6
(implied
consent)
does
not
prohibit
the
withdrawal
7
of
a
specimen
of
blood
for
chemical
testing
pursuant
to
a
8
search
warrant
issued
in
the
investigation
of
a
suspected
9
involuntary
manslaughter
(Code
section
707.5)
or
homicide
or
10
serious
injury
by
vehicle
(Code
section
707.6A)
if
a
traffic
11
accident
has
resulted
in
a
death
or
personal
injury
reasonably
12
likely
to
cause
death
and
there
are
reasonable
grounds
to
13
believe
that
one
or
more
of
the
persons
whose
driving
may
have
14
been
the
proximate
cause
of
the
accident
was
violating
Code
15
section
321J.2
at
the
time
of
the
accident.
A
urine
sample
16
may
be
collected
in
lieu
of
a
blood
sample
under
certain
17
circumstances.
18
The
bill
provides
that
all
second
and
subsequent
Code
19
chapter
321J
offenders
can
be
forced
to
submit
to
blood
or
20
urine
testing
pursuant
to
a
search
warrant
and
eliminates
the
21
requirement
that
there
must
be
reasonable
grounds
to
believe
22
the
person
was
violating
Code
section
321J.2
and
an
accident
23
occurred
resulting
in
death
or
personal
injury
reasonably
24
likely
to
cause
death,
in
addition
to
cases
involving
25
involuntary
manslaughter
or
homicide
or
serious
injury
by
26
vehicle.
An
officer
may
take
a
urine
sample
in
lieu
of
or
in
27
addition
to
a
blood
sample
if
the
person
is
capable
of
giving
a
28
urine
sample
and
the
sample
can
be
collected
without
the
need
29
to
physically
withdraw
the
sample.
If
the
person
from
whom
a
30
specimen
of
urine
is
to
be
collected
objects
to
the
withdrawal,
31
the
person
may
voluntarily
provide
a
urine
sample
if
the
person
32
is
capable
of
giving
a
urine
sample
and
the
sample
can
be
33
collected
without
the
need
to
physically
compel
withdrawal
of
34
the
sample.
35
-10-
LSB
5120SC
(3)
85
rh/nh
10/
12
S.F.
_____
The
bill
provides
that
a
constitutionally
valid
search
1
warrant
shall
not
be
held
invalid
solely
because
of
an
error
2
of
fact
made
in
good
faith
as
to
whether
the
grounds
specified
3
in
the
bill
exist.
4
CODE
SECTION
321J.10A
(BLOOD
WITHDRAWAL
WITHOUT
A
WARRANT
5
IN
EMERGENCY).
Current
law
provides
that
if
a
person
is
under
6
arrest
and
the
arrest
resulted
from
an
accident
that
caused
7
a
death
or
personal
injury
reasonably
likely
to
cause
death,
8
a
peace
officer
may
compel
a
blood
test
without
the
consent
9
of
the
suspect
and
without
a
warrant
if
the
peace
officer
10
reasonably
believes
the
officer
is
confronted
with
an
emergency
11
situation
in
which
a
delay
necessary
to
obtain
a
warrant
12
threatens
the
destruction
of
evidence.
A
breath
or
urine
13
sample
may
be
collected
under
certain
circumstances.
14
The
bill
provides
that
if
the
person
from
whom
a
specimen
is
15
to
be
withdrawn
objects
to
the
withdrawal,
a
breath
sample
may
16
be
taken
if
the
peace
officer
has
reasonable
grounds
to
believe
17
that
the
person’s
intoxication
or
impairment
is
due
to
alcohol
18
only,
the
person
is
capable
of
giving
a
breath
specimen,
and
an
19
evidential
breath
testing
device
is
readily
available.
If
the
20
peace
officer
has
reasonable
grounds
to
believe
that
the
person
21
was
under
the
influence
of
a
controlled
substance,
a
drug
other
22
than
alcohol,
or
a
combination
of
alcohol
and
another
drug,
and
23
the
person
from
whom
the
specimen
of
urine
is
to
be
withdrawn
24
objects
to
the
withdrawal
of
a
urine
sample,
a
urine
sample
25
may
be
taken
if
the
person
is
capable
of
giving
a
urine
sample
26
and
the
sample
can
be
collected
without
the
need
to
physically
27
withdraw
the
sample.
28
CODE
SECTION
321J.11
(TAKING
SAMPLE
FOR
TEST).
The
bill
29
provides
that
a
urine
sample
as
an
alternate
to
a
blood
30
sample
may
be
taken
for
the
purpose
of
determining
the
alcohol
31
concentration
or
the
presence
of
a
controlled
substance
or
32
other
drugs.
A
phlebotomist
may
take
a
sample
in
addition
33
to
other
specified
medical
personnel
for
the
purpose
of
34
determining
the
alcohol
concentration
or
the
presence
of
a
35
-11-
LSB
5120SC
(3)
85
rh/nh
11/
12
S.F.
_____
controlled
substance
or
other
drugs.
In
addition,
if
the
1
peace
officer
determines
that
urine
should
be
collected
from
a
2
person
receiving
medical
attention
and
the
urine
is
collected
3
through
the
use
of
a
catheter,
a
peace
officer
may
collect
a
4
sample
of
the
person’s
urine
from
the
catheter
bag,
and
the
5
test
results
from
such
a
sample
are
admissible
notwithstanding
6
any
claim
of
privilege
under
Code
section
622.10,
any
privilege
7
under
federal
privacy
laws,
or
any
nondisclosure
requirements
8
asserted
by
the
person
or
on
the
person’s
behalf.
9
CODE
SECTION
321J.16
(ADMISSIBILITY
OF
PROOF
OF
REFUSAL).
10
Current
law
provides
that
if
a
person
refuses
to
submit
11
to
a
chemical
test,
proof
of
that
refusal
is
admissible
in
12
any
operating-while-intoxicated
civil
or
criminal
action
or
13
proceeding.
The
bill
provides
that
if,
following
a
refusal,
14
a
specimen
is
collected
for
testing,
regardless
of
whether
15
a
warrant
was
issued,
the
results
of
the
testing
are
also
16
admissible.
17
CONFORMING
CODE
CHANGES.
The
bill
makes
conforming
Code
18
changes
to
Code
section
321J.8
(peace
officer
implied
consent
19
advisory
given
to
a
person
who
has
refused
to
submit
to
a
20
chemical
test),
Code
section
321J.9
(license
revocations
due
21
to
refusal
to
submit
to
testing),
and
Code
section
321J.20
22
(temporary
restricted
licenses
and
ignition
interlock
devices).
23
-12-
LSB
5120SC
(3)
85
rh/nh
12/
12