House
File
788
-
Introduced
HOUSE
FILE
788
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
HF
162)
A
BILL
FOR
An
Act
requiring
employees
of
the
department
of
transportation
1
to
provide
a
specimen
for
alcohol
and
drug
analysis
2
following
a
commercial
motor
vehicle
accident
or
collision
3
resulting
in
injury
or
death,
and
making
penalties
4
applicable.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
TLSB
1104HV
(2)
91
th/ns
H.F.
788
Section
1.
NEW
SECTION
.
321.270
Required
alcohol
and
drug
1
analysis
for
department
employees
operating
commercial
motor
2
vehicles.
3
1.
A
person
employed
by
the
department
who
was
involved
in
4
an
accident
or
collision
resulting
in
injury
or
death
while
5
operating
a
commercial
motor
vehicle
owned
by
the
department
6
or
other
state
entity
shall
provide
a
specimen
of
the
person’s
7
urine
for
analysis
of
the
specimen
to
determine
the
alcohol
8
concentration
or
presence
of
a
controlled
substance
or
other
9
drugs.
The
person
shall
provide
the
specimen
to
a
peace
10
officer
as
soon
as
practicable
within
two
hours
after
the
11
person
is
involved
in
the
accident
or
collision.
12
2.
A
specimen
provided
under
this
section
shall
be
analyzed
13
in
a
manner
in
accordance
with
chapter
321J
to
determine
the
14
alcohol
concentration
or
presence
of
a
controlled
substance
or
15
other
drugs.
16
3.
The
person
may
have
an
independent
analysis
performed
17
on
the
provided
specimen,
administered
at
the
person’s
own
18
expense.
The
failure
or
inability
of
the
person
to
obtain
19
an
independent
analysis
does
not
preclude
the
admission
of
20
evidence
of
the
results
of
the
analysis
administered
pursuant
21
to
this
section.
Upon
the
request
of
the
person
who
provided
a
22
specimen,
the
results
of
the
analysis
administered
pursuant
to
23
this
section
shall
be
made
available
to
the
person.
24
4.
This
section
does
not
apply
if
a
blood,
breath,
or
urine
25
specimen
is
taken
pursuant
to
chapter
321J.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
Under
current
law,
a
person
who
operates
a
motor
vehicle
30
under
circumstances
which
give
reasonable
grounds
to
believe
31
that
the
person
was
operating
the
motor
vehicle
while
under
the
32
influence
of
alcohol
or
a
drug
is
deemed
to
have
given
consent
33
to
the
withdrawal
of
a
specimen
of
the
person’s
blood,
breath,
34
or
urine
and
to
chemical
tests
of
the
specimen
for
the
purpose
35
-1-
LSB
1104HV
(2)
91
th/ns
1/
2
H.F.
788
of
determining
the
alcohol
concentration
or
presence
of
drugs.
1
The
withdrawal
of
a
specimen
and
the
tests
must
be
administered
2
at
the
written
request
of
a
peace
officer
having
reasonable
3
grounds
to
believe
that
the
person
was
operating
a
motor
4
vehicle
in
violation
of
Code
section
321J.2
or
321J.2A,
and
if
5
certain
conditions
exist,
including
when
the
person
has
been
6
involved
in
a
motor
vehicle
accident
or
collision
resulting
in
7
personal
injury
or
death.
8
This
bill
requires
a
person
employed
by
the
department
of
9
transportation
(DOT)
to
provide
a
specimen
of
the
person’s
10
urine
if
the
person
was
involved
in
an
accident
or
collision
11
that
resulted
in
injury
or
death
while
operating
a
commercial
12
motor
vehicle
owned
by
the
DOT
or
other
state
entity.
The
13
person
must
provide
the
specimen
to
a
peace
officer
as
soon
14
as
practicable
after
the
accident
or
collision,
but
within
at
15
least
two
hours.
16
A
specimen
provided
must
be
analyzed
in
a
manner
in
17
accordance
with
Code
chapter
321J
(operating
while
intoxicated)
18
to
determine
the
alcohol
concentration
or
presence
of
a
19
controlled
substance
or
other
drugs.
The
person
may
pay
for
an
20
independent
analysis
of
the
provided
specimen,
but
the
failure
21
or
inability
of
the
person
to
obtain
an
independent
analysis
22
does
not
preclude
the
admission
of
evidence
of
the
results
23
of
the
analysis.
The
person
is
entitled
to
be
provided
the
24
results
of
the
analysis
upon
request.
25
The
bill
does
not
apply
if
a
blood,
breath,
or
urine
specimen
26
is
taken
pursuant
to
Code
chapter
321J.
27
By
operation
of
law,
a
violation
of
the
bill
is
a
simple
28
misdemeanor.
A
simple
misdemeanor
is
punishable
by
confinement
29
for
no
more
than
30
days
and
a
fine
of
at
least
$105
but
not
30
more
than
$855.
31
-2-
LSB
1104HV
(2)
91
th/ns
2/
2