Text: HF00264 Text: HF00266 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 265
1 2
1 3 AN ACT
1 4 RELATING TO THE WITHDRAWAL OF BLOOD WITHOUT A WARRANT FROM A
1 5 PERSON UNDER ARREST FOR AN OPERATING-WHILE-INTOXICATED OFFENSE
1 6 WHEN THE ARREST RESULTS FROM A TRAFFIC ACCIDENT RESULTING IN
1 7 DEATH OR PERSONAL INJURY REASONABLY LIKELY TO CAUSE DEATH.
1 8
1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 10
1 11 Section 1. NEW SECTION. 321J.10A BLOOD WITHDRAWAL
1 12 WITHOUT A WARRANT.
1 13 1. Notwithstanding section 321J.10, if a person is under
1 14 arrest for an offense arising out of acts alleged to have been
1 15 committed while the person was operating a motor vehicle in
1 16 violation of section 321J.2 or 321J.2A, and that arrest
1 17 results from an accident that causes a death or personal
1 18 injury reasonably likely to cause death, a chemical test of
1 19 blood may be administered without the consent of the person
1 20 arrested to determine the amount of alcohol or a controlled
1 21 substance in that person's blood if all of the following
1 22 circumstances exist:
1 23 a. The peace officer reasonably believes the blood drawn
1 24 will produce evidence of intoxication.
1 25 b. The method used to take the blood sample is reasonable
1 26 and performed in a reasonable manner by medical personnel
1 27 under section 321J.11.
1 28 c. The peace officer reasonably believes the officer is
1 29 confronted with an emergency situation in which the delay
1 30 necessary to obtain a warrant under section 321J.10 threatens
1 31 the destruction of the evidence.
1 32 2. If the person from whom a specimen of blood is to be
1 33 withdrawn objects to the withdrawal, a breath or urine sample
1 34 may be taken under the following circumstances:
1 35 a. If the person is capable of giving a specimen of
2 1 breath, and a direct breath testing instrument is readily
2 2 available, the withdrawal of a specimen of the person's breath
2 3 may be taken for chemical testing, unless the peace officer
2 4 has reasonable grounds to believe that the person was under
2 5 the influence of a controlled substance, a drug other than
2 6 alcohol, or a combination of alcohol and another drug.
2 7 b. If the peace officer has reasonable grounds to believe
2 8 that the person was under the influence of a controlled
2 9 substance, a drug other than alcohol, or a combination of
2 10 alcohol and another drug, a urine sample shall be collected in
2 11 lieu of a blood sample, if the person is capable of giving a
2 12 urine sample and the sample can be collected.
2 13
2 14
2 15
2 16 CHRISTOPHER C. RANTS
2 17 Speaker of the House
2 18
2 19
2 20
2 21 JEFFREY M. LAMBERTI
2 22 President of the Senate
2 23
2 24 I hereby certify that this bill originated in the House and
2 25 is known as House File 265, Eightieth General Assembly.
2 26
2 27
2 28
2 29 MARGARET THOMSON
2 30 Chief Clerk of the House
2 31 Approved , 2004
2 32
2 33
2 34
2 35 THOMAS J. VILSACK
3 1 Governor
Text: HF00264 Text: HF00266 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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