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Senate File 556 - IntroducedA Bill ForAn Act 1relating to the admissibility of the results of an
2analysis of a person’s blood, breath, or urine in criminal
3and administrative proceedings.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 321J.15A Evidence in any action —
2medical treatment.
31. Notwithstanding section 622.10 or any other provision
4of law to the contrary, the results of an analysis of a
5specimen of a person’s blood, breath, or urine collected for
6the purpose of rendering medical treatment by a licensed
7physician, licensed physician assistant as defined in section
8148C.1, medical technologist, or registered nurse from a person
9who operated a motor vehicle, motorboat, or sailboat and was
10involved in an accident or collision and who was transported
11to a medical facility within or outside this state for such
12medical treatment shall be admissible in a criminal proceeding
13for a violation of section 321J.2, 462A.14, 707.6A, or 707.8,
14subsection 4 or 9, to prove the alcohol concentration, or
15the presence of a controlled substance or other drugs, or a
16combination of such substances, in the person’s blood, breath,
17or urine at the time of the accident or collision. The results
18of the analysis of the specimen shall be admissible regardless
19of whether a peace officer requested the person to submit to
20a test as provided in section 321J.6 or the person refused a
21chemical test, provided that all of the following apply:
22a. Probable cause existed that the blood, breath, or urine
23collected and analyzed would produce evidence of intoxication.
24b. The method used to collect the specimen was reasonable.
252. A licensed physician, licensed physician assistant as
26defined in section 148C.1, medical technologist, or registered
27nurse who performs a chemical test to analyze the alcohol
28concentration of, or the presence of a controlled substance or
29other drugs in, a person’s blood, breath, or urine to provide
30medical treatment for the person who operated a motor vehicle,
31motorboat, or sailboat and was involved in an accident or
32collision shall disclose the results of the analysis to all of
33the following:
34a. A prosecuting attorney who requests the results of the
35analysis of a specimen of the person’s blood, breath, or urine
-1-1for use in a criminal proceeding.
2b. A prosecuting attorney in another state who requests the
3results of the analysis of a specimen of the person’s blood,
4breath, or urine for use in a criminal proceeding for operating
5while intoxicated, or a law of the other state similar to this
6chapter or section 462A.14, or motor vehicle homicide under the
7laws of the other state. This paragraph shall only apply if
8the other state requires a similar disclosure by a person in
9the other state to a prosecuting attorney in Iowa who requests
10the results of an analysis of a specimen of a person’s blood,
11breath, or urine for use in a criminal proceeding.
123. The results of an analysis of a specimen of a person’s
13blood, breath, or urine are admissible as evidence regardless
14of the time when the related medical records were prepared or
15the specimen was collected.
164. a. Provisions of law pertaining to the confidentiality
17of medical records and medical treatment do not apply to the
18results of an analysis of a person’s blood, breath, or urine
19under the provisions of this section for criminal proceedings
20as specified in subsection 1.
21b. A person shall not be liable for civil damages for
22disclosing or using the results of an analysis of a specimen
23of a person’s blood, breath, or urine as evidence under this
24section or as a result of a person’s testimony made available
25under this section.
265. a. An employee of a medical laboratory located within
27or outside this state is presumed to be qualified to analyze
28and identify a person’s blood, breath, or urine when done by
29the employee in the normal course of employment at the medical
30laboratory, provided that the laboratory is accredited at the
31time of the analysis with the agency of the state in which the
32laboratory is located.
33b. A report, including a copy of a report or other
34findings, of an employee of a medical laboratory shall be
35received as evidence, subject to a relevancy determination,
-2-1in any proceeding in the same manner and with the same force
2and effect as if the employee of the medical laboratory who
3completed the requested analysis, comparison, or identification
4of a person’s blood, breath, or urine was present to testify.
5(1) A person may request that an employee of a medical
6facility be present to testify as a witness for the state,
7including a state agency or department, at a criminal trial,
8administrative hearing, or related proceeding, by notifying
9the county attorney, or in the case of an administrative
10proceeding, the agency or department, at least ten days before
11the date of the criminal trial, administrative hearing, or
12related proceeding.
13(2) A person in any other civil proceeding may request an
14employee to testify in person by subpoena.
15 Sec. 2. Section 462A.14, subsection 8, unnumbered paragraph
161, Code 2021, is amended to read as follows:
17In any prosecution under this section, evidence of the
18results of analysis of a specimen of the defendant’s blood,
19breath, or urine is admissible upon proof of a proper
20foundation. The results of an analysis of the defendant’s
21blood, breath, or urine are admissible for prosecutions under
22this section if collected and analyzed pursuant to section
23321J.15A.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill authorizes the results of an analysis of a person’s
28blood, breath, or urine (specimen) to be used as evidence in a
29criminal proceeding for operating a motor vehicle, motorboat,
30or sailboat while intoxicated (OWI), homicide or serious injury
31by vehicle involving OWI, and unintentional termination of a
32human pregnancy as a result of injury by vehicle involving OWI.
33The specimen must be collected for the purpose of rendering
34medical treatment. The specimen must be collected by a
35licensed physician, licensed physician assistant, medical
-3-1technologist, or registered nurse (medical professional).
2The test results are admissible in a criminal proceeding
3when a specimen is collected from a person who operated a
4motor vehicle, motorboat, or sailboat and was involved in an
5accident or collision and who is transported to a medical
6facility within or outside Iowa. Regardless of whether a peace
7officer requested the person to submit to a test as provided in
8Code section 321J.6 or the person refused a chemical test, the
9bill authorizes the admissibility of the evidence if probable
10cause existed that the specimen would produce evidence of
11intoxication and the method used to collect the specimen sample
12was reasonable.
13The bill requires a medical professional to disclose
14the results of an analysis of a specimen to a prosecuting
15attorney in Iowa who requests the results for use in a criminal
16proceeding and to a prosecuting attorney in another state under
17certain circumstances set forth in the bill.
18The bill authorizes the use of the results as evidence
19regardless of the time when the related medical records were
20prepared or the specimen was collected.
21The bill makes inapplicable any confidentiality provisions
22pertaining to medical records and medical treatment related to
23the analysis of chemical tests performed. The bill limits the
24liability of a person for civil damages who discloses or uses
25the results of analysis of a specimen as evidence.
26The bill specifies that for the purpose of providing
27foundation for evidence, an employee of a medical laboratory
28is presumed to be qualified to analyze and identify a specimen
29when done by the employee in the normal course of employment at
30the medical laboratory, if the laboratory is accredited at the
31time of the analysis.
32The bill authorizes a report or other findings of an employee
33of a medical laboratory to be received as evidence in any
34proceeding in place of in-person testimony. However, a person
35may request that an employee of a medical facility be present
-4-1to testify by notifying the county attorney, or in the case
2of an administrative proceeding, the agency or department, at
3least 10 days prior to the proceeding. A person in any other
4civil proceeding may request an employee to testify in person
5by subpoena.
-5-th/ns
2analysis of a person’s blood, breath, or urine in criminal
3and administrative proceedings.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 321J.15A Evidence in any action —
2medical treatment.
31. Notwithstanding section 622.10 or any other provision
4of law to the contrary, the results of an analysis of a
5specimen of a person’s blood, breath, or urine collected for
6the purpose of rendering medical treatment by a licensed
7physician, licensed physician assistant as defined in section
8148C.1, medical technologist, or registered nurse from a person
9who operated a motor vehicle, motorboat, or sailboat and was
10involved in an accident or collision and who was transported
11to a medical facility within or outside this state for such
12medical treatment shall be admissible in a criminal proceeding
13for a violation of section 321J.2, 462A.14, 707.6A, or 707.8,
14subsection 4 or 9, to prove the alcohol concentration, or
15the presence of a controlled substance or other drugs, or a
16combination of such substances, in the person’s blood, breath,
17or urine at the time of the accident or collision. The results
18of the analysis of the specimen shall be admissible regardless
19of whether a peace officer requested the person to submit to
20a test as provided in section 321J.6 or the person refused a
21chemical test, provided that all of the following apply:
22a. Probable cause existed that the blood, breath, or urine
23collected and analyzed would produce evidence of intoxication.
24b. The method used to collect the specimen was reasonable.
252. A licensed physician, licensed physician assistant as
26defined in section 148C.1, medical technologist, or registered
27nurse who performs a chemical test to analyze the alcohol
28concentration of, or the presence of a controlled substance or
29other drugs in, a person’s blood, breath, or urine to provide
30medical treatment for the person who operated a motor vehicle,
31motorboat, or sailboat and was involved in an accident or
32collision shall disclose the results of the analysis to all of
33the following:
34a. A prosecuting attorney who requests the results of the
35analysis of a specimen of the person’s blood, breath, or urine
-1-1for use in a criminal proceeding.
2b. A prosecuting attorney in another state who requests the
3results of the analysis of a specimen of the person’s blood,
4breath, or urine for use in a criminal proceeding for operating
5while intoxicated, or a law of the other state similar to this
6chapter or section 462A.14, or motor vehicle homicide under the
7laws of the other state. This paragraph shall only apply if
8the other state requires a similar disclosure by a person in
9the other state to a prosecuting attorney in Iowa who requests
10the results of an analysis of a specimen of a person’s blood,
11breath, or urine for use in a criminal proceeding.
123. The results of an analysis of a specimen of a person’s
13blood, breath, or urine are admissible as evidence regardless
14of the time when the related medical records were prepared or
15the specimen was collected.
164. a. Provisions of law pertaining to the confidentiality
17of medical records and medical treatment do not apply to the
18results of an analysis of a person’s blood, breath, or urine
19under the provisions of this section for criminal proceedings
20as specified in subsection 1.
21b. A person shall not be liable for civil damages for
22disclosing or using the results of an analysis of a specimen
23of a person’s blood, breath, or urine as evidence under this
24section or as a result of a person’s testimony made available
25under this section.
265. a. An employee of a medical laboratory located within
27or outside this state is presumed to be qualified to analyze
28and identify a person’s blood, breath, or urine when done by
29the employee in the normal course of employment at the medical
30laboratory, provided that the laboratory is accredited at the
31time of the analysis with the agency of the state in which the
32laboratory is located.
33b. A report, including a copy of a report or other
34findings, of an employee of a medical laboratory shall be
35received as evidence, subject to a relevancy determination,
-2-1in any proceeding in the same manner and with the same force
2and effect as if the employee of the medical laboratory who
3completed the requested analysis, comparison, or identification
4of a person’s blood, breath, or urine was present to testify.
5(1) A person may request that an employee of a medical
6facility be present to testify as a witness for the state,
7including a state agency or department, at a criminal trial,
8administrative hearing, or related proceeding, by notifying
9the county attorney, or in the case of an administrative
10proceeding, the agency or department, at least ten days before
11the date of the criminal trial, administrative hearing, or
12related proceeding.
13(2) A person in any other civil proceeding may request an
14employee to testify in person by subpoena.
15 Sec. 2. Section 462A.14, subsection 8, unnumbered paragraph
161, Code 2021, is amended to read as follows:
17In any prosecution under this section, evidence of the
18results of analysis of a specimen of the defendant’s blood,
19breath, or urine is admissible upon proof of a proper
20foundation. The results of an analysis of the defendant’s
21blood, breath, or urine are admissible for prosecutions under
22this section if collected and analyzed pursuant to section
23321J.15A.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill authorizes the results of an analysis of a person’s
28blood, breath, or urine (specimen) to be used as evidence in a
29criminal proceeding for operating a motor vehicle, motorboat,
30or sailboat while intoxicated (OWI), homicide or serious injury
31by vehicle involving OWI, and unintentional termination of a
32human pregnancy as a result of injury by vehicle involving OWI.
33The specimen must be collected for the purpose of rendering
34medical treatment. The specimen must be collected by a
35licensed physician, licensed physician assistant, medical
-3-1technologist, or registered nurse (medical professional).
2The test results are admissible in a criminal proceeding
3when a specimen is collected from a person who operated a
4motor vehicle, motorboat, or sailboat and was involved in an
5accident or collision and who is transported to a medical
6facility within or outside Iowa. Regardless of whether a peace
7officer requested the person to submit to a test as provided in
8Code section 321J.6 or the person refused a chemical test, the
9bill authorizes the admissibility of the evidence if probable
10cause existed that the specimen would produce evidence of
11intoxication and the method used to collect the specimen sample
12was reasonable.
13The bill requires a medical professional to disclose
14the results of an analysis of a specimen to a prosecuting
15attorney in Iowa who requests the results for use in a criminal
16proceeding and to a prosecuting attorney in another state under
17certain circumstances set forth in the bill.
18The bill authorizes the use of the results as evidence
19regardless of the time when the related medical records were
20prepared or the specimen was collected.
21The bill makes inapplicable any confidentiality provisions
22pertaining to medical records and medical treatment related to
23the analysis of chemical tests performed. The bill limits the
24liability of a person for civil damages who discloses or uses
25the results of analysis of a specimen as evidence.
26The bill specifies that for the purpose of providing
27foundation for evidence, an employee of a medical laboratory
28is presumed to be qualified to analyze and identify a specimen
29when done by the employee in the normal course of employment at
30the medical laboratory, if the laboratory is accredited at the
31time of the analysis.
32The bill authorizes a report or other findings of an employee
33of a medical laboratory to be received as evidence in any
34proceeding in place of in-person testimony. However, a person
35may request that an employee of a medical facility be present
-4-1to testify by notifying the county attorney, or in the case
2of an administrative proceeding, the agency or department, at
3least 10 days prior to the proceeding. A person in any other
4civil proceeding may request an employee to testify in person
5by subpoena.
-5-th/ns