HF 788 (LSB 1104HV (3) 91)

HOUSE FILE 788

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO HF 162)

(As Amended and Passed by the House 2026-03-05)

A BILL FOR

An Act requiring state employees to provide a specimen for alcohol and drug analysis following certain motor vehicle accidents or collisions resulting in serious injury or death under certain circumstances, 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 state employees operating state-owned motor vehicles.
   1.  A state employee who was involved in an accident or collision resulting in serious injury or death while operating a motor vehicle owned by the state 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, if there is probable cause that the person was operating a motor vehicle in violation of section 321J.2 or 321J.2A. 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.
   5.  For purposes of this section, “serious injury” means the same as defined in section 702.18.