HF 2613 (LSB 6247YH (2) 88)

HOUSE FILE 2613

BY  HALL

A BILL FOR

An Act relating to the mandatory submission to a chemical test by a driver of a motor vehicle involved in an accident involving death, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  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 drug. 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 of 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, controlled substance, 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 required under this section, the department shall revoke the person’s driver’s license or nonresident operating privilege as required by and for the applicable period specified under section 321J.9.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the mandatory submission to a chemical test by a driver of a motor vehicle involved in an accident involving death.
   The bill provides that, notwithstanding any other provision of Code chapter 321J (Iowa’s operating a motor vehicle while intoxicated law) 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 drug as soon as practicable following the accident in the same manner as prescribed in Code section 321J.11. The result of the test is admissible at trial if the court, after reviewing all of 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, controlled substance, or other drug or a combination of such substances at the time of the accident.
   The bill provides that if a person fails to submit to a test required under the bill, the department of transportation shall revoke the person’s driver’s license or nonresident operating privilege as required by and for the applicable period specified under Code section 321J.9. A person who fails to submit to chemical testing is subject to license revocation for up to two years depending on whether the person has had a previous revocation under Code chapter 321J.
   Under current law, Iowa’s implied consent law provides that a person who operates a motor vehicle in this state under circumstances which give reasonable grounds to believe that the person has been operating a motor vehicle in violation of Iowa’s operating-while-intoxicated law is deemed to have given consent to the withdrawal of specimens of the person’s blood, breath, or urine and to a chemical test or tests of the specimens for the purpose of determining the alcohol concentration or presence of a controlled substance or other drug. The withdrawal of the body substances and the test or tests is contingent upon a written request of a peace officer who, prior to the request, has reasonable grounds to believe that the person was operating a motor vehicle in violation of Code chapter 321J, under any of a number of conditions, including but not limited to whether the person has been involved in a motor vehicle accident or collision resulting in personal injury or death.