SSB 3040 (LSB 5375DP (5) 88)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF PUBLIC SAFETY BILL)

A BILL FOR

An Act relating to a death affecting the public interest and reporting requirements of county medical examiners.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 22.7, subsection 41, Code 2020, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  Information obtained pursuant to section 331.802, subsection 4, paragraph “b”, may only be released for statistical purposes provided individual identities are not ascertainable.
    Sec. 2.  Section 331.802, subsection 3, Code 2020, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  l.  Death of a driver involved in a motor vehicle accident.
    Sec. 3.  Section 331.802, subsection 4, Code 2020, is amended to read as follows:
   4.  The county medical examiner shall conduct the investigation in the manner required by the state medical examiner and shall determine whether the public interest requires an autopsy or other special investigation. However, if Notwithstanding this paragraph: 
   a.  If the death occurred in the manner specified in subsection 3, paragraph “j”, the county medical examiner shall order an autopsy, claims for the payment of which shall be filed with the state appeal board and, if authorized by the board, shall be paid out of moneys in the general fund of the state not otherwise appropriated. In determining the need for an autopsy, the county medical examiner may consider the request for an autopsy from a public official or private person, but the state medical examiner or the county attorney of the county where the death occurred may require an autopsy.
   b.  If the death occurred in the manner specified in subsection 3, paragraph “l”, the county medical examiner shall withdraw a sample of the decedent’s blood and provide the sample to the Iowa division of criminal investigation criminalistics laboratory. The Iowa division of criminal investigation criminalistics laboratory shall test the sample for the purpose of determining the alcohol concentration or presence of a controlled substance or other drugs, or any combination thereof, in the decedent’s blood. The Iowa division of criminal investigation criminalistics laboratory shall retain this information for statistical purposes. 
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill classifies the death of a driver involved in a motor vehicle accident as a death affecting the public interest. The bill requires a county medical examiner to withdraw a sample of blood from a deceased driver involved in a motor vehicle accident and provide the sample to the Iowa division of criminal investigation criminalistics laboratory. The bill requires the Iowa division of criminal investigation criminalistics laboratory to test the sample for the purpose of determining the alcohol concentration or presence of a controlled substance or other drugs, or any combination thereof, in the decedent’s blood. The bill directs the Iowa division of criminal investigation criminalistics laboratory to retain the results of the testing for statistical purposes. Information obtained under the bill shall only be released as a public record for statistical purposes if individual identities are not ascertainable.