HF 2015 (LSB 5153YH (2) 87)

HOUSE FILE 2015

BY  SALMON

A BILL FOR

An Act relating to the administration of portable breath tests in operating-while-intoxicated cases, including the use of test results in court actions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321J.5, subsection 2, Code 2018, is amended to read as follows:
   2.  The results of this preliminary screening test may be used for the purpose of deciding whether an arrest should be made or whether to request a chemical test authorized in this chapter, but shall not be used in any court action except to prove that a chemical test was properly requested of a person pursuant to this chapter.  This subsection shall not be construed to prohibit the results of a portable breath test administered after a preliminary screening test pursuant to section 321J.6, subsection 2, from being used as evidence in any court action.
    Sec. 2.  Section 321J.6, subsection 2, Code 2018, is amended to read as follows:
   2.  The peace officer shall determine which of the three substances, breath, blood, or urine, shall be tested.  If the peace officer determines the person’s breath shall be tested following the administration of a preliminary screening test, a portable breath testing instrument designed to determine alcohol concentration may be used if the test is administered by a certified operator of the instrument using methods approved by the commissioner of public safety. Refusal to submit to a chemical test of urine or breath is deemed a refusal to submit, and section 321J.9 applies. A refusal to submit to a chemical test of blood is not deemed a refusal to submit, but in that case, the peace officer shall then determine which one of the other two substances shall be tested and shall offer the test. If the peace officer fails to offer a test within two hours after the preliminary screening test is administered or refused or the arrest is made, whichever occurs first, a test is not required, and there shall be no revocation under section 321J.9.
    Sec. 3.  Section 321J.15, Code 2018, is amended to read as follows:
   321J.15  Evidence in any action.
   Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while operating a motor vehicle in violation of section 321J.2 or 321J.2A, evidence of the alcohol concentration or the presence of a controlled substance or other drugs in the person’s body at the time of the act alleged as shown by a chemical analysis of the person’s blood, breath, or urine is admissible. If it is established at trial that an analysis of a breath specimen was performed by a certified operator using a device intended to determine alcohol concentration, including but not limited to a portable breath testing instrument, and methods approved by the commissioner of public safety, no further foundation is necessary for introduction of the evidence.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides that when a peace officer determines a person’s breath shall be tested for purposes of an operating-while-intoxicated violation following the administration of a preliminary screening test, a portable breath testing instrument designed to determine alcohol concentration may be used if the test is administered by a certified operator of the instrument using methods approved by the commissioner of public safety. The bill also allows results from portable breath testing instruments to be used in court actions.