SF 2082 (LSB 5785XS (4) 91)

SENATE FILE 2082

BY  GREEN

A BILL FOR

An Act relating to implied consent to test specimens of a person’s blood, breath, or urine following a motor vehicle accident resulting in death, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321J.5, subsection 1, paragraph b, Code 2026, is amended to read as follows:
   b.  The operator has been involved in a motor vehicle collision resulting in injury or death.
    Sec. 2.  Section 321J.6, subsection 1, paragraph b, Code 2026, is amended to read as follows:
   b.  The person has been involved in a motor vehicle accident or collision resulting in personal injury or death.
    Sec. 3.  Section 321J.6, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  A person who operates a motor vehicle in this state and who was involved in a motor vehicle accident or collision resulting in death 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 drugs, subject to this section.
    Sec. 4.  Section 321J.9, subsection 1, unnumbered paragraph 1, Code 2026, is amended to read as follows:
   If a person refuses to submit to the chemical testing, a test shall not be given, but the department, upon the receipt of the peace officer’s certification, subject to penalty for perjury, that the officer had reasonable grounds to believe the person to have been operating a motor vehicle in violation of section 321J.2 or 321J.2A, if applicable, that specified conditions existed for chemical testing pursuant to section 321J.6, and that the person refused to submit to the chemical testing, shall revoke the person’s driver’s license and any nonresident operating privilege for the following periods of time:
    Sec. 5.  Section 321J.12, subsection 1, unnumbered paragraph 1, Code 2026, is amended to read as follows:
   Upon certification, subject to penalty for perjury, by the peace officer that there existed reasonable grounds to believe that the person had been operating a motor vehicle in violation of section 321J.2, if applicable, that there existed one or more of the necessary conditions for chemical testing described in section 321J.6, subsection 1 or 1A, and that the person submitted to chemical testing and the test results indicated the presence of a controlled substance or other drug, or an alcohol concentration equal to or in excess of the level prohibited by section 321J.2, or a combination of alcohol and another drug in violation of section 321J.2, the department shall revoke the person’s driver’s license or nonresident operating privilege for the following periods of time:
    Sec. 6.  Section 321J.12, subsection 5, Code 2026, is amended to read as follows:
   5.  Upon certification, subject to penalty of perjury, by the peace officer that there existed reasonable grounds to believe that the person had been operating a motor vehicle in violation of section 321J.2A, if applicable, that there existed one or more of the necessary conditions for chemical testing described in section 321J.6, subsection 1 or 1A, and that the person submitted to chemical testing and the test results indicated an alcohol concentration of .02 or more but less than .08, the department shall revoke the person’s driver’s license or operating privilege for a period of sixty days if the person has had no previous revocation under this chapter, and for a period of ninety days if the person has had a previous revocation under this chapter.
    Sec. 7.  Section 321J.13, subsection 2, unnumbered paragraph 1, Code 2026, is amended to read as follows:
   The department shall grant the person an opportunity to be heard within forty-five days of receipt of a request for a hearing if the request is made not later than ten days after receipt of notice of revocation served pursuant to section 321J.9 or 321J.12. The hearing shall be before the department in the county where the alleged events occurred, unless the director and the person agree that the hearing may be held in some other county, or the hearing may be held by telephone conference at the discretion of the agency conducting the hearing. The hearing may be recorded and its scope shall be limited to the issues of whether a peace officer had reasonable grounds to believe that the person was operating a motor vehicle in violation of section 321J.2 or 321J.2A, if required, and one or more of the following:
    Sec. 8.  Section 321J.13, subsection 6, paragraph b, subparagraph (1), Code 2026, is amended to read as follows:
   (1)  That the peace officer did not have reasonable grounds to believe that a violation of section 321J.2 or 321J.2A had occurred to support a request for or to administer a chemical test, if required under the circumstances.
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 (implied consent). 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 (operating while intoxicated), 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. A refusal to submit to chemical testing when required under implied consent subjects a person to administrative penalties, including but not limited to a driver’s license revocation for at least one year for a first revocation and two years for a subsequent revocation.
   This bill implements implied consent to test persons who were operating a motor vehicle and were involved in a motor vehicle accident or collision resulting in death without the requirement that a peace officer have reasonable grounds to believe that the person was operating a motor vehicle in violation of Code section 321J.2 or 321J.2A, and makes conforming changes. Therefore, under the bill, such persons are subject to the existing administrative penalties under law for submitting or refusing to submit to a test when required under implied consent.
   The bill does not amend the authorizations under current law to test persons involved in a motor vehicle accident or collision resulting in death despite a refusal to submit to a test under implied consent, including Code section 321J.10 (tests pursuant to warrants), which requires reasonable grounds to believe the person was operating while intoxicated at the time of the accident, and Code section 321J.10A (blood, breath, or urine specimen withdrawal without a warrant), which requires the person to be under arrest for an offense arising out of acts alleged to have been committed while the person was operating while intoxicated, in addition to other circumstances.