Bill Text: IN SB0431 | 2011 | Regular Session | Engrossed
Bill Title: Department of toxicology.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2011-05-18 - SECTION 5 effective 07/01/2011 [SB0431 Detail]
Download: Indiana-2011-SB0431-Engrossed.html
Citations Affected: IC 9-27; IC 9-30; IC 10-20; IC 10-20.1; IC 21-45.
Synopsis: Department of toxicology. Creates the department of
toxicology as a state agency. (Currently, the department of toxicology
is part of Indiana University.) Makes conforming changes. Creates the
toxicology department advisory council. Repeals the law pertaining to
the department of toxicology that is part of Indiana University.
Effective: Upon passage; July 1, 2011.
(HOUSE SPONSORS _ FOLEY, LAWSON L)
January 12, 2011, read first time and referred to Committee on Appointments and Claims.
February 10, 2011, amended, reported favorably _ Do Pass.
February 14, 2011, read second time, ordered engrossed.
March 28, 2011, read first time and referred to Committee on Judiciary.
April 4, 2011, amended, reported _ Do Pass.
April 7, 2011, read second time, amended, ordered engrossed.
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A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
(b) In recognition of the need for the information described in subsection (a), the director of the state department of toxicology,
accidents involving a fatality.
(1) Standards and regulations for the:
(A) selection;
(B) training; and
(C) certification;
of breath test operators.
(2) Standards and regulations for the:
(A) selection; and
(B) certification;
of breath test equipment and chemicals.
(3) The certification of the proper technique for administering a breath test.
(b) Certificates issued in accordance with rules adopted under subsection (a) shall be sent to the clerk of the circuit court in each county where the breath test operator, equipment, or chemicals are used to administer breath tests. However, failure to send a certificate does not invalidate any test.
(c) Certified copies of certificates issued in accordance with rules adopted under subsection (a):
(1) are admissible in a proceeding under this chapter, IC 9-30-5, IC 9-30-9, or IC 9-30-15;
(2) constitute prima facie evidence that the equipment or chemical:
(A) was inspected and approved by the state department of toxicology on the date specified on the certificate copy; and
(B) was in proper working condition on the date the breath test was administered if the date of approval is not more than one hundred eighty (180) days before the date of the breath test;
(3) constitute prima facie evidence of the approved technique for administering a breath test; and
(4) constitute prima facie evidence that the breath test operator was certified by the state department of toxicology on the date specified on the certificate.
(d) Results of chemical tests that involve an analysis of a person's breath are not admissible in a proceeding under this chapter, IC 9-30-5, IC 9-30-9, or IC 9-30-15 if:
(1) the test operator;
(2) the test equipment;
(3) the chemicals used in the test, if any; or
(4) the techniques used in the test;
have not been approved in accordance with the rules adopted under subsection (a).
ARTICLE 20. STATE DEPARTMENT OF TOXICOLOGY
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this article.
Sec. 2. "Department" refers to the state department of toxicology established by IC 10-20-2-1.
Sec. 3. "Director" refers to the director of the state department of toxicology appointed under IC 10-20-2-2.
Chapter 2. State Department of Toxicology
Sec. 1. The state department of toxicology is established as a department of state government.
Sec. 2. The governor shall appoint a director of the department. The director has the authority to carry out the responsibilities of the department. The director:
(1) serves at the governor's pleasure;
(2) is entitled to receive compensation in an amount set by the governor;
(3) is qualified by education and experience to administer the affairs of the state department; and
(4) shall take an oath of office.
Sec. 3. The director may appoint employees in the manner provided by IC 4-15-2 and fix their compensation, subject to the approval of the budget agency under IC 4-12-1-13.
Sec. 4. (a) The department shall do the following:
(1) Conduct analyses for poisons, drugs, and alcohols upon human tissues and fluids submitted by:
(A) Indiana coroners, prosecuting attorneys, and sheriffs;
(B) authorized officials of the Indiana state police and Indiana city police departments; and
(C) officials of hospitals;
in cases of suspected poisoning or intoxication of human beings.
(2) Report the analytical findings of the department to the official requesting the analyses.
(3) Consult with Indiana coroners and coroner's physicians
regarding the interpretation of the analytical findings.
(b) The personnel of the department shall furnish expert
testimony regarding the department's analytical findings in all
legal hearings, including criminal prosecutions related to the
findings.
Sec. 5. The department has the following duties:
(1) Provide instruction in toxicology to law enforcement
officers and certify law enforcement officers as required by
the statutes for the administration of breath and other
chemical tests.
(2) Provide instruction and technical assistance as needed to
prosecutors and defense counsel for the proper administration
or exclusion of test results into evidence.
(3) Provide instruction to judges concerning toxicology and
the science of alcohol and drug testing as needed to improve
the administration of justice.
(4) Provide information to the public concerning chemical
testing and the science of toxicology to advance a better
understanding of the system of justice in the state.
Sec. 6. The department shall conduct research on the following:
(1) The detection of toxic compounds that may be components
of drugs or medicines or may be present in pesticides used for
agricultural or other purposes.
(2) The treatment of poisoning from toxic substances.
Sec. 7. (a) After June 30, 2011, a reference in any law, rule,
contract, or other document or record to the state department of
toxicology established under IC 21-45-3 shall be treated as a
reference to the department.
(b) On July 1, 2011, the property and obligations of the state
department of toxicology established under IC 21-45-3 are
transferred to the department.
(c) Money that is in any fund or account administered by the
state department of toxicology established under IC 21-45-3 on
June 30, 2011, shall be transferred to the department.
(d) This section expires July 1, 2012.
ARTICLE 20.1. TOXICOLOGY DEPARTMENT ADVISORY COUNCIL
Chapter 1. Toxicology Department Advisory Council
Sec. 1. (a) The toxicology department advisory council is
established to provide oversight and guidance for the development
of the toxicology department.
(b) The council consists of the following members:
(1) The governor, or the governor's designee, who must be the
same person as the person who serves as the governor's
designee as a member of the trustees of the criminal justice
institute under IC 5-2-6-4. The governor or the governor's
designee shall be the chairperson of the council.
(2) The executive director of the Indiana judicial center, or
the executive director's designee, who must be the same
person as the person who serves as the executive director's
designee as a member of the trustees of the criminal justice
institute under IC 5-2-6-4(a)(6).
(3) The executive director of the Indiana prosecuting
attorneys council, or the executive director's designee, who
must be the same person as the person who serves as the
executive director's designee as a member of the trustees of
the criminal justice institute under IC 5-2-6-4(a)(5).
(4) The executive director of the public defender council, or
the executive director's designee, who must be the same
person as the person who serves as the executive director's
designee as a member of the trustees of the criminal justice
institute under IC 5-2-6-4(a)(7).
(5) The superintendent of state police, or the superintendent's
designee, who must be the same person as the person who
serves as the superintendent's designee as a member of the
trustees of the criminal justice institute under
IC 5-2-6-4(a)(3).
(6) A member of the Indiana state senate who shall be
appointed by the president pro tempore of the senate, and
who must be the same person as the advisory member to the
trustees of the criminal justice institute appointed under
IC 5-2-6-4(b).
(7) A member of the Indiana house of representatives who
shall be appointed by the speaker of the house of
representatives, and who must be the same person as the
advisory member to the trustees of the criminal justice
institute appointed under IC 5-2-6-4(b).
(8) The following two (2) persons appointed by the governor:
(A) One (1) sheriff, who shall be the same person as the
member of the board of trustees of the criminal justice
institute appointed under IC 5-2-6-4(a)(9)(A).
(B) One (1) chief of police, who shall be the same person as the member of the board of trustees of the criminal justice institute appointed under IC 5-2-6-4(a)(9)(B).
(9) One (1) member appointed by the governor who has training and experience as a forensic scientist.
(10) One (1) member appointed by the governor who has experience, through volunteer activities or advocacy, in the issue of impaired driving.
(c) Service on the council does not constitute holding a public office.
(d) Each member of the council who is not a member of the general assembly is not entitled to the minium salary per diem provided by IC 4-10-11-2.1(b). A member who is not a member of the general assembly is also not entitled to reimbursement for traveling expanses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the department of administration and approved by the budget agency.
(e) Each member of the council who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to legislative members of interim study committees established by the legislative council. Per diem, mileage, and travel allowances paid under this subsection shall be paid from appropriations made to the legislative council or the legislative services agency.
(f) The affirmative votes of a majority of the members appointed to the council are required for the council to take action on any measure, including final reports.
