House File 371 - Introduced HOUSE FILE 371 BY HALL and STANERSON A BILL FOR An Act relating to the mandatory submission of a chemical test 1 by a driver of a motor vehicle involved in an accident 2 involving death and making civil remedies applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2021YH (3) 85 jm/nh

H.F. 371 Section 1. NEW SECTION . 321J.6A Mandatory blood test —— 1 accident involving death. 2 1. Notwithstanding any other provision of this chapter to 3 the contrary, a person who operates a motor vehicle who is 4 involved in a motor vehicle accident or collision resulting 5 in death shall submit to a chemical test of the person’s 6 blood to determine the alcohol concentration or the presence 7 of a controlled substance or other drugs. The investigating 8 peace officer shall cause a test to be administered as soon 9 as practicable following the accident in the same manner as 10 prescribed in section 321J.11. 11 2. The result of the test is admissible at trial if the 12 court, after reviewing all the evidence, whether gathered prior 13 to, during, or after the test, is satisfied that probable 14 cause exists, independent of the test result, to believe that 15 the driver of the motor vehicle was under the influence of 16 an alcoholic beverage or other drug or a combination of such 17 substances at the time of the accident. 18 3. If a person fails to submit to a test under this section 19 the department shall revoke the person’s driver’s license or 20 any nonresident operating privilege as required by and for the 21 applicable period specified under section 321J.9. 22 EXPLANATION 23 This bill relates to the mandatory submission to a chemical 24 test by a driver of a motor vehicle involved in an accident 25 involving death and making civil remedies applicable. 26 The bill provides that, notwithstanding any other provision 27 of Code chapter 321J (Iowa’s operating a motor vehicle while 28 intoxicated law) to the contrary, a person who operates a 29 motor vehicle who is involved in a motor vehicle accident or 30 collision resulting in death shall submit to a chemical test 31 of the person’s blood to determine the alcohol concentration 32 or the presence of a controlled substance or other drugs as 33 soon as practicable following the accident in the same manner 34 as prescribed in Code section 321J.11. The result of the test 35 -1- LSB 2021YH (3) 85 jm/nh 1/ 2

H.F. 371 is admissible at trial if the court, after reviewing all the 1 evidence, whether gathered prior to, during, or after the test, 2 is satisfied that probable cause exists, independent of the 3 test result, to believe that the driver of the motor vehicle 4 was under the influence of an alcoholic beverage or other 5 drug or a combination of such substances at the time of the 6 accident. 7 The bill provides that if a person fails to submit to a 8 test under the bill the department shall revoke the person’s 9 driver’s license or any nonresident operating privilege as 10 required by and for the applicable period specified under Code 11 section 321J.9. A person who fails to submit to chemical 12 testing is subject to license revocation for up to two years 13 and shall not be eligible for a temporary restricted license 14 for up to one year after the date of the revocation depending 15 on whether the person has had a previous revocation under Code 16 chapter 321J. 17 Under current law, Iowa’s implied consent law provides that 18 a person who operates a motor vehicle in this state under 19 circumstances which give reasonable grounds to believe that 20 the person has been operating a motor vehicle in violation 21 of Iowa’s operating-while-intoxicated law is deemed to have 22 given consent to the withdrawal of specimens of the person’s 23 blood, breath, or urine and to a chemical test or tests of 24 the specimens for the purpose of determining the alcohol 25 concentration or presence of a controlled substance or other 26 drugs. The withdrawal of the body substances and the test or 27 tests is contingent upon a written request of a peace officer 28 who, prior to the request, has reasonable grounds to believe 29 that the person was operating a motor vehicle in violation 30 of Code chapter 321J, under any of a number of conditions, 31 including but not limited to whether the person has been 32 involved in a motor vehicle accident or collision resulting in 33 personal injury or death. 34 -2- LSB 2021YH (3) 85 jm/nh 2/ 2