SF 556 (LSB 2532SV (1) 89)

SENATE FILE 556

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 505)

A BILL FOR

An Act relating to the admissibility of the results of an analysis of a person’s blood, breath, or urine in criminal and administrative proceedings.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  321J.15A  Evidence in any action —— medical treatment.
   1.  Notwithstanding section 622.10 or any other provision of law to the contrary, the results of an analysis of a specimen of a person’s blood, breath, or urine collected for the purpose of rendering medical treatment by a licensed physician, licensed physician assistant as defined in section 148C.1, medical technologist, or registered nurse from a person who operated a motor vehicle, motorboat, or sailboat and was involved in an accident or collision and who was transported to a medical facility within or outside this state for such medical treatment shall be admissible in a criminal proceeding for a violation of section 321J.2, 462A.14, 707.6A, or 707.8, subsection 4 or 9, to prove the alcohol concentration, or the presence of a controlled substance or other drugs, or a combination of such substances, in the person’s blood, breath, or urine at the time of the accident or collision. The results of the analysis of the specimen shall be admissible regardless of whether a peace officer requested the person to submit to a test as provided in section 321J.6 or the person refused a chemical test, provided that all of the following apply:
   a.  Probable cause existed that the blood, breath, or urine collected and analyzed would produce evidence of intoxication.
   b.  The method used to collect the specimen was reasonable.
   2.  A licensed physician, licensed physician assistant as defined in section 148C.1, medical technologist, or registered nurse who performs a chemical test to analyze the alcohol concentration of, or the presence of a controlled substance or other drugs in, a person’s blood, breath, or urine to provide medical treatment for the person who operated a motor vehicle, motorboat, or sailboat and was involved in an accident or collision shall disclose the results of the analysis to all of the following:
   a.  A prosecuting attorney who requests the results of the analysis of a specimen of the person’s blood, breath, or urine for use in a criminal proceeding. 
   b.  A prosecuting attorney in another state who requests the results of the analysis of a specimen of the person’s blood, breath, or urine for use in a criminal proceeding for operating while intoxicated, or a law of the other state similar to this chapter or section 462A.14, or motor vehicle homicide under the laws of the other state. This paragraph shall only apply if the other state requires a similar disclosure by a person in the other state to a prosecuting attorney in Iowa who requests the results of an analysis of a specimen of a person’s blood, breath, or urine for use in a criminal proceeding.
   3.  The results of an analysis of a specimen of a person’s blood, breath, or urine are admissible as evidence regardless of the time when the related medical records were prepared or the specimen was collected.
   4.  a.  Provisions of law pertaining to the confidentiality of medical records and medical treatment do not apply to the results of an analysis of a person’s blood, breath, or urine under the provisions of this section for criminal proceedings as specified in subsection 1. 
   b.  A person shall not be liable for civil damages for disclosing or using the results of an analysis of a specimen of a person’s blood, breath, or urine as evidence under this section or as a result of a person’s testimony made available under this section.
   5.  a.  An employee of a medical laboratory located within or outside this state is presumed to be qualified to analyze and identify a person’s blood, breath, or urine when done by the employee in the normal course of employment at the medical laboratory, provided that the laboratory is accredited at the time of the analysis with the agency of the state in which the laboratory is located. 
   b.  A report, including a copy of a report or other findings, of an employee of a medical laboratory shall be received as evidence, subject to a relevancy determination, in any proceeding in the same manner and with the same force and effect as if the employee of the medical laboratory who completed the requested analysis, comparison, or identification of a person’s blood, breath, or urine was present to testify. 
   (1)  A person may request that an employee of a medical facility be present to testify as a witness for the state, including a state agency or department, at a criminal trial, administrative hearing, or related proceeding, by notifying the county attorney, or in the case of an administrative proceeding, the agency or department, at least ten days before the date of the criminal trial, administrative hearing, or related proceeding. 
   (2)  A person in any other civil proceeding may request an employee to testify in person by subpoena.
    Sec. 2.  Section 462A.14, subsection 8, unnumbered paragraph 1, Code 2021, is amended to read as follows:
   In any prosecution under this section, evidence of the results of analysis of a specimen of the defendant’s blood, breath, or urine is admissible upon proof of a proper foundation.  The results of an analysis of the defendant’s blood, breath, or urine are admissible for prosecutions under this section if collected and analyzed pursuant to section 321J.15A.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill authorizes the results of an analysis of a person’s blood, breath, or urine (specimen) to be used as evidence in a criminal proceeding for operating a motor vehicle, motorboat, or sailboat while intoxicated (OWI), homicide or serious injury by vehicle involving OWI, and unintentional termination of a human pregnancy as a result of injury by vehicle involving OWI. The specimen must be collected for the purpose of rendering medical treatment. The specimen must be collected by a licensed physician, licensed physician assistant, medical technologist, or registered nurse (medical professional).
   The test results are admissible in a criminal proceeding when a specimen is collected from a person who operated a motor vehicle, motorboat, or sailboat and was involved in an accident or collision and who is transported to a medical facility within or outside Iowa. Regardless of whether a peace officer requested the person to submit to a test as provided in Code section 321J.6 or the person refused a chemical test, the bill authorizes the admissibility of the evidence if probable cause existed that the specimen would produce evidence of intoxication and the method used to collect the specimen sample was reasonable. 
   The bill requires a medical professional to disclose the results of an analysis of a specimen to a prosecuting attorney in Iowa who requests the results for use in a criminal proceeding and to a prosecuting attorney in another state under certain circumstances set forth in the bill.
   The bill authorizes the use of the results as evidence regardless of the time when the related medical records were prepared or the specimen was collected.
   The bill makes inapplicable any confidentiality provisions pertaining to medical records and medical treatment related to the analysis of chemical tests performed. The bill limits the liability of a person for civil damages who discloses or uses the results of analysis of a specimen as evidence.
   The bill specifies that for the purpose of providing foundation for evidence, an employee of a medical laboratory is presumed to be qualified to analyze and identify a specimen when done by the employee in the normal course of employment at the medical laboratory, if the laboratory is accredited at the time of the analysis. 
   The bill authorizes a report or other findings of an employee of a medical laboratory to be received as evidence in any proceeding in place of in-person testimony. However, a person may request that an employee of a medical facility be present to testify by notifying the county attorney, or in the case of an administrative proceeding, the agency or department, at least 10 days prior to the proceeding. A person in any other civil proceeding may request an employee to testify in person by subpoena.