SF 2142 (LSB 5025SS (4) 85)

SENATE FILE 2142

BY  SCHOENJAHN

A BILL FOR

An Act relating to the withdrawal of a specimen of blood or urine for chemical testing pursuant to a search warrant issued in an operating-while-intoxicated case.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321J.10, subsections 1, 4, 7, and 9, Code 2014, are amended to read as follows:
   1.  Refusal to consent to a test under section 321J.6 does not prohibit the withdrawal of a specimen for chemical testing pursuant to a search warrant issued in the investigation of a suspected violation of section 321J.2, subsection 2, paragraph “b” or “c” or section 707.5 or 707.6A if all of the following grounds exist:
   a.  A traffic accident has resulted in a death or personal injury reasonably likely to cause death.
   b.  There are reasonable grounds to believe that one or more of the persons whose driving may have been the proximate cause of the accident was violating section 321J.2 at the time of the accident.
   4.  a.  Search warrants issued under this section shall authorize and direct peace officers to secure the withdrawal of blood or urine specimens by medical personnel under section 321J.11. Reasonable care shall be exercised to ensure the health and safety of the persons from whom specimens are withdrawn in execution of the warrants.
   b.  If a person from whom a specimen is to be withdrawn objects to the withdrawal of blood, the warrant may be executed as follows:
   (1)  If but the person is capable of giving a specimen of breath, and a direct breath testing instrument is readily available, the warrant may be executed by the withdrawal of a specimen of breath for chemical testing, unless the peace officer has reasonable grounds to believe that the person was under the influence of a controlled substance, a drug other than alcohol, or a combination of alcohol and another drug.
   (2)  c.  If the testimony in support of the warrant sets forth facts and information that the peace officer has reasonable grounds to believe that the person was under the influence of a controlled substance, a drug other than alcohol, or a combination of alcohol and another drug, a urine sample shall may be collected in lieu of or in addition to a blood sample, if the person is capable of giving a urine sample and the sample can be collected without the need to physically compel the execution of the warrant.  If the person from whom a specimen of urine is to be collected objects to the withdrawal of a urine sample, a urine sample may be taken if the person is capable of giving a urine sample and the sample can be collected without the need to physically compel withdrawal of the sample.
   7.  Specimens obtained pursuant to warrants issued under this section or under chapter 808 in the investigation of a suspected violation of section 321J.2, subsection 2, paragraph “b” or “c”, or section 707.5 or 707.6A are not subject to disposition under section 808.9 or chapter 809 or 809A.
   9.  Medical personnel who use reasonable care and accepted medical practices in withdrawing blood or urine specimens are immune from liability for their actions in complying with requests made of them pursuant to search warrants or pursuant to section 321J.11.
    Sec. 2.  Section 321J.10, subsection 3, paragraph c, Code 2014, is amended to read as follows:
   c.  The oral application testimony shall set forth facts and information tending to establish the existence of the grounds for the warrant and shall describe with a reasonable degree of specificity the person or persons whose driving is believed to have been the proximate cause of the accident and from whom a specimen is to be withdrawn and the location where the withdrawal of the specimen or specimens is to take place.
    Sec. 3.  Section 321J.10, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  10.  A constitutionally valid search warrant issued under subsection 3 or chapter 808 shall not be held invalid solely because of an error of fact made in good faith as to whether the grounds specified in subsection 1 exist.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the withdrawal of a specimen of blood or urine for chemical testing pursuant or a search warrant issued in an operating-while-intoxicated case.
   Under current law, refusal to consent to a test under Code section 321J.6 (implied consent) does not prohibit the withdrawal of a specimen of blood for chemical testing pursuant to a search warrant issued in the investigation of a suspected involuntary manslaughter (Code section 707.5) or homicide or serious injury by vehicle (Code section 707.6A) if a traffic accident has resulted in a death or personal injury reasonably likely to cause death and there are reasonable grounds to believe that one or more of the persons whose driving may have been the proximate cause of the accident were violating Code section 321J.2 at the time of the accident. A urine sample may be collected in lieu of a blood sample under certain circumstances.
   The bill provides that all second and subsequent Code chapter 321J offenders can be forced to submit to blood or urine testing pursuant to a search warrant and eliminates the requirement that there must be reasonable grounds to believe the person was violating Code section 321J.2 and an accident occurred resulting in death or personal injury reasonably likely to cause death, in addition to cases involving involuntary manslaughter or homicide or serious injury by vehicle. An officer may take a urine sample in lieu of or in addition to a blood sample if the person is capable of giving a urine sample and the sample can be collected without the need to physically withdraw the sample. If the person from whom a specimen of urine is to be collected objects to the withdrawal, the person may voluntarily provide a urine sample if the person is capable of giving a urine sample and the sample can be collected without the need to physically withdraw the sample.
   The bill provides that a constitutionally valid search warrant shall not be held invalid solely because of an error of fact made in good faith as to whether the grounds specified in the bill exist.