HF 788 (LSB 1104HV (2) 91)

HOUSE FILE 788

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO HF 162)

A BILL FOR

An Act requiring employees of the department of transportation to provide a specimen for alcohol and drug analysis following a commercial motor vehicle accident or collision resulting in injury or death, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  321.270  Required alcohol and drug analysis for department employees operating commercial motor vehicles.
   1.  A person employed by the department who was involved in an accident or collision resulting in injury or death while operating a commercial motor vehicle owned by the department or other state entity shall provide a specimen of the person’s urine for analysis of the specimen to determine the alcohol concentration or presence of a controlled substance or other drugs. The person shall provide the specimen to a peace officer as soon as practicable within two hours after the person is involved in the accident or collision.
   2.  A specimen provided under this section shall be analyzed in a manner in accordance with chapter 321J to determine the alcohol concentration or presence of a controlled substance or other drugs.
   3.  The person may have an independent analysis performed on the provided specimen, administered at the person’s own expense. The failure or inability of the person to obtain an independent analysis does not preclude the admission of evidence of the results of the analysis administered pursuant to this section. Upon the request of the person who provided a specimen, the results of the analysis administered pursuant to this section shall be made available to the person.
   4.  This section does not apply if a blood, breath, or urine specimen is taken pursuant to chapter 321J.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, a person who operates a motor vehicle under circumstances which give reasonable grounds to believe that the person was operating the motor vehicle while under the influence of alcohol or a drug is deemed to have given consent to the withdrawal of a specimen of the person’s blood, breath, or urine and to chemical tests of the specimen for the purpose of determining the alcohol concentration or presence of drugs. The withdrawal of a specimen and the tests must be administered at the written request of a peace officer having reasonable grounds to believe that the person was operating a motor vehicle in violation of Code section 321J.2 or 321J.2A, and if certain conditions exist, including when the person has been involved in a motor vehicle accident or collision resulting in personal injury or death.
   This bill requires a person employed by the department of transportation (DOT) to provide a specimen of the person’s urine if the person was involved in an accident or collision that resulted in injury or death while operating a commercial motor vehicle owned by the DOT or other state entity. The person must provide the specimen to a peace officer as soon as practicable after the accident or collision, but within at least two hours.
   A specimen provided must be analyzed in a manner in accordance with Code chapter 321J (operating while intoxicated) to determine the alcohol concentration or presence of a controlled substance or other drugs. The person may pay for an independent analysis of the provided specimen, but the failure or inability of the person to obtain an independent analysis does not preclude the admission of evidence of the results of the analysis. The person is entitled to be provided the results of the analysis upon request.
   The bill does not apply if a blood, breath, or urine specimen is taken pursuant to Code chapter 321J.
   By operation of law, a violation of the bill is a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855.