Senate File 2142 - Introduced SENATE FILE 2142 BY SCHOENJAHN A BILL FOR An Act relating to the withdrawal of a specimen of blood or 1 urine for chemical testing pursuant to a search warrant 2 issued in an operating-while-intoxicated case. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5025SS (4) 85 rh/nh

S.F. 2142 Section 1. Section 321J.10, subsections 1, 4, 7, and 9, Code 1 2014, are amended to read as follows: 2 1. Refusal to consent to a test under section 321J.6 does 3 not prohibit the withdrawal of a specimen for chemical testing 4 pursuant to a search warrant issued in the investigation of a 5 suspected violation of section 321J.2, subsection 2, paragraph 6 “b” or “c” or section 707.5 or 707.6A if all of the following 7 grounds exist: 8 a. A traffic accident has resulted in a death or personal 9 injury reasonably likely to cause death. 10 b. There are reasonable grounds to believe that one or more 11 of the persons whose driving may have been the proximate cause 12 of the accident was violating section 321J.2 at the time of the 13 accident . 14 4. a. Search warrants issued under this section shall 15 authorize and direct peace officers to secure the withdrawal 16 of blood or urine specimens by medical personnel under section 17 321J.11 . Reasonable care shall be exercised to ensure the 18 health and safety of the persons from whom specimens are 19 withdrawn in execution of the warrants. 20 b. If a person from whom a specimen is to be withdrawn 21 objects to the withdrawal of blood, the warrant may be executed 22 as follows: 23 (1) If but the person is capable of giving a specimen of 24 breath, and a direct breath testing instrument is readily 25 available, the warrant may be executed by the withdrawal of 26 a specimen of breath for chemical testing, unless the peace 27 officer has reasonable grounds to believe that the person was 28 under the influence of a controlled substance, a drug other 29 than alcohol, or a combination of alcohol and another drug. 30 (2) c. If the testimony in support of the warrant sets 31 forth facts and information that the peace officer has 32 reasonable grounds to believe that the person was under the 33 influence of a controlled substance, a drug other than alcohol, 34 or a combination of alcohol and another drug, a urine sample 35 -1- LSB 5025SS (4) 85 rh/nh 1/ 4

S.F. 2142 shall may be collected in lieu of or in addition to a blood 1 sample , if the person is capable of giving a urine sample and 2 the sample can be collected without the need to physically 3 compel the execution of the warrant . If the person from whom a 4 specimen of urine is to be collected objects to the withdrawal 5 of a urine sample, a urine sample may be taken if the person 6 is capable of giving a urine sample and the sample can be 7 collected without the need to physically compel withdrawal of 8 the sample. 9 7. Specimens obtained pursuant to warrants issued under 10 this section or under chapter 808 in the investigation of a 11 suspected violation of section 321J.2, subsection 2, paragraph 12 “b” or “c” , or section 707.5 or 707.6A are not subject to 13 disposition under section 808.9 or chapter 809 or 809A . 14 9. Medical personnel who use reasonable care and accepted 15 medical practices in withdrawing blood or urine specimens are 16 immune from liability for their actions in complying with 17 requests made of them pursuant to search warrants or pursuant 18 to section 321J.11 . 19 Sec. 2. Section 321J.10, subsection 3, paragraph c, Code 20 2014, is amended to read as follows: 21 c. The oral application testimony shall set forth facts and 22 information tending to establish the existence of the grounds 23 for the warrant and shall describe with a reasonable degree of 24 specificity the person or persons whose driving is believed 25 to have been the proximate cause of the accident and from 26 whom a specimen is to be withdrawn and the location where the 27 withdrawal of the specimen or specimens is to take place. 28 Sec. 3. Section 321J.10, Code 2014, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 10. A constitutionally valid search 31 warrant issued under subsection 3 or chapter 808 shall not 32 be held invalid solely because of an error of fact made in 33 good faith as to whether the grounds specified in subsection 1 34 exist. 35 -2- LSB 5025SS (4) 85 rh/nh 2/ 4

S.F. 2142 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill relates to the withdrawal of a specimen of blood or 4 urine for chemical testing pursuant or a search warrant issued 5 in an operating-while-intoxicated case. 6 Under current law, refusal to consent to a test under 7 Code section 321J.6 (implied consent) does not prohibit the 8 withdrawal of a specimen of blood for chemical testing pursuant 9 to a search warrant issued in the investigation of a suspected 10 involuntary manslaughter (Code section 707.5) or homicide or 11 serious injury by vehicle (Code section 707.6A) if a traffic 12 accident has resulted in a death or personal injury reasonably 13 likely to cause death and there are reasonable grounds to 14 believe that one or more of the persons whose driving may have 15 been the proximate cause of the accident were violating Code 16 section 321J.2 at the time of the accident. A urine sample 17 may be collected in lieu of a blood sample under certain 18 circumstances. 19 The bill provides that all second and subsequent Code 20 chapter 321J offenders can be forced to submit to blood or 21 urine testing pursuant to a search warrant and eliminates the 22 requirement that there must be reasonable grounds to believe 23 the person was violating Code section 321J.2 and an accident 24 occurred resulting in death or personal injury reasonably 25 likely to cause death, in addition to cases involving 26 involuntary manslaughter or homicide or serious injury by 27 vehicle. An officer may take a urine sample in lieu of or in 28 addition to a blood sample if the person is capable of giving a 29 urine sample and the sample can be collected without the need 30 to physically withdraw the sample. If the person from whom a 31 specimen of urine is to be collected objects to the withdrawal, 32 the person may voluntarily provide a urine sample if the person 33 is capable of giving a urine sample and the sample can be 34 collected without the need to physically withdraw the sample. 35 -3- LSB 5025SS (4) 85 rh/nh 3/ 4

S.F. 2142 The bill provides that a constitutionally valid search 1 warrant shall not be held invalid solely because of an error 2 of fact made in good faith as to whether the grounds specified 3 in the bill exist. 4 -4- LSB 5025SS (4) 85 rh/nh 4/ 4