Senate
File
2237
-
Introduced
SENATE
FILE
2237
BY
JOHNSON
A
BILL
FOR
An
Act
relating
to
the
testing
for
intoxication
of
motorboat
or
1
sailboat
operators
involved
in
accidents
causing
death
or
2
injury
reasonably
likely
to
cause
death.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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S.F.
2237
Section
1.
NEW
SECTION
.
462A.14G
Blood,
breath,
or
urine
1
specimen
withdrawal
without
a
warrant.
2
1.
Notwithstanding
sections
462A.14D
and
808.3,
if
a
person
3
is
under
arrest
for
an
offense
arising
out
of
acts
alleged
to
4
have
been
committed
while
the
person
was
operating
a
motorboat
5
or
sailboat
in
violation
of
section
462A.14,
and
that
arrest
6
results
from
an
accident
that
causes
a
death
or
personal
injury
7
reasonably
likely
to
cause
death,
a
chemical
test
of
blood
may
8
be
administered
without
the
consent
of
the
person
arrested
9
to
determine
the
amount
of
alcohol
or
a
controlled
substance
10
in
that
person’s
blood
if
all
of
the
following
circumstances
11
exist:
12
a.
The
peace
officer
reasonably
believes
the
blood
drawn
13
will
produce
evidence
of
intoxication.
14
b.
The
method
used
to
take
the
blood
sample
is
reasonable
15
and
performed
in
a
reasonable
manner
by
medical
personnel
under
16
section
462A.14A.
17
c.
The
peace
officer
reasonably
believes
the
officer
is
18
confronted
with
an
emergency
situation
in
which
the
delay
19
necessary
to
obtain
a
warrant
under
section
462A.14D
or
808.3
20
threatens
the
destruction
of
the
evidence.
21
2.
If
the
person
from
whom
a
specimen
of
blood
is
to
be
22
withdrawn
objects
to
the
withdrawal,
a
breath
or
urine
sample
23
may
be
taken
under
the
following
circumstances:
24
a.
If
the
person
is
capable
of
giving
a
specimen
of
breath,
25
and
a
direct
breath
testing
instrument
is
readily
available,
26
the
withdrawal
of
a
specimen
of
the
person’s
breath
may
be
27
taken
for
chemical
testing,
unless
the
peace
officer
has
28
reasonable
grounds
to
believe
that
the
person
was
under
the
29
influence
of
a
controlled
substance,
a
drug
other
than
alcohol,
30
or
a
combination
of
alcohol
and
another
drug.
31
b.
If
the
peace
officer
has
reasonable
grounds
to
believe
32
that
the
person
was
under
the
influence
of
a
controlled
33
substance,
a
drug
other
than
alcohol,
or
a
combination
of
34
alcohol
and
another
drug,
a
urine
sample
shall
be
collected
in
35
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S.F.
2237
lieu
of
a
blood
sample,
if
the
person
is
capable
of
giving
a
1
urine
sample
and
the
sample
can
be
collected.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
relates
to
the
testing
for
intoxication
of
6
motorboat
or
sailboat
operators
involved
in
accidents
causing
7
death
or
injury
reasonably
likely
to
cause
death.
8
In
such
a
case
the
bill
allows
chemical
testing
of
the
9
arrested
motorboat
or
sailboat
operator’s
blood,
without
a
10
warrant
and
without
the
consent
of
the
operator,
if
a
peace
11
officer
reasonably
believes
the
blood
drawn
will
produce
12
evidence
of
intoxication,
the
method
used
to
take
the
blood
13
sample
is
reasonable
and
performed
by
medical
personnel,
and
14
the
peace
officer
reasonably
believes
that
the
delay
necessary
15
to
obtain
a
warrant
threatens
the
destruction
of
the
evidence.
16
The
bill
allows
in
some
circumstances
where
the
operator
17
objects
to
the
withdrawal
of
a
blood
specimen,
the
withdrawal
18
of
a
specimen
of
the
operator’s
breath
or
the
collection
of
a
19
urine
sample
for
testing.
20
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