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 persons 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 persons 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 explanations 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 persons 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 persons 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