H-8144

   Amend Senate File 2299, as amended, passed, and reprinted by the Senate, as follows:
   1.  Page 4, after line 20 by inserting: 
   <Sec. ___.  NEW SECTION.  321J.6A  Mandatory blood test —— accident involving death.
   1.  Notwithstanding any other provision of this chapter to the contrary, a person who operates a motor vehicle who is involved in a motor vehicle accident or collision resulting in death shall submit to a chemical test of the person’s blood to determine the alcohol concentration or the presence of a controlled substance or other drugs. The investigating peace officer shall cause a test to be administered as soon as practicable following the accident in the same manner as prescribed in section 321J.11.
   2.  The result of the test is admissible at trial if the court, after reviewing all the evidence, whether gathered prior to, during, or after the test, is satisfied that probable cause exists, independent of the test result, to believe that the driver of the motor vehicle was under the influence of an alcoholic beverage or other drug or a combination of such substances at the time of the accident.
   3.  If a person fails to submit to a test under this section the department shall revoke the person’s driver’s license or any nonresident operating privilege as required by and for the applicable period specified under section 321J.9.>
   2.  Title page, line 2, by striking <and>
   3.  Title page, line 3, after <devices,> by inserting <and mandatory blood testing>
   4.  By renumbering as necessary.

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HALL of Woodbury