Oklahoma 2024 Regular Session

Oklahoma House Bill HB3220 Compare Versions

Version 1 (Old)

Version 2 (New)

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	3	+	HB3220 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 3220 By: West (Kevin) and Hardin of
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 59th Legislature (2024)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 3220 By: West (Kevin) and Hardin of
30	38		the House
31	39
32	40		and
33	41
34	42		Weaver of the Senate
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36	44
	45	+
	46	+
	47	+	COMMITTEE SUBSTITUTE
37	48
38	49		An Act relating to driving under the influence;
39	50		amending 22 O.S. 2021, Section 1105, which relates to
40	51		defendant discharge on giving bail; requiring certain
41	52		arrested person make bail before release; requiring
42	53		certain evidence be considered; requiring court make
43	54		certain consideration regarding b ail amount; amending
44	55		47 O.S. 2021, Section 10 -104, which relates to duty
45	56		to give information and render aid; removing drug and
46	57		alcohol testing requirement; amending 47 O.S. 2021,
47	58		Section 11-902, which relates to per sons under the
48	59		influence of alcohol or othe r intoxicating substance
49	60		or combination thereof; stating certain timing
50	61		requirements for administration of tests do not
51	62		apply; amending 47 O.S. 2021, Section 752, as a mended
52	63		by Section 22, Chapter 310, O.S.L. 2023 (47 O.S.
53	64		Supp. 2023, Section 752), which relates to
54	65		administration of tests; modifying list of written
55	66		statements authorizing the certain withdrawal of
56	67		blood; and providing an effective date.
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	72	+
60	73		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOM A:
61		-	SECTION 1. AMENDATORY 22 O.S. 2021, Section 1105, is
62		-	amended to read as follows:
63		-	Section 1105. A. Except as otherw ise provided by this section,
64		-	upon the allowance of bail and t he execution of the requisite
65		-	recognizance, bond, or undertaking to the sta te, the magistrate,
66		-	judge, or court shall, if the defendant is in custod y, make and sign
67		-	an order for discharge. The c ourt, in its discretion, may prescribe
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69		-	ENGR. H. B. NO. 3220 Page 2 1
	75	+	HB3220 HFLR Page 2
	76	+	BOLD FACE denotes Committee Amendments. 1
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	101	+	SECTION 1. AMENDATORY 22 O.S. 2021, Section 1105, is
	102	+	amended to read as follows:
	103	+	Section 1105. A. Except as otherwise provided by this section,
	104	+	upon the allowance of bail and t he execution of the requisite
	105	+	recognizance, bond, or undertaking to the sta te, the magistrate,
	106	+	judge, or court shall, if the defendant is in custod y, make and sign
	107	+	an order for discharge. The cour t, in its discretion, may prescribe
94	108		by court rule the condi tions under which the court clerk or deputy
95	109		court clerk, or the sheriff or deputy sheriff, may prepare and
96	110		execute an order of release on behalf of the court.
97	111		B. No police officer or sheriff may r elease a person arrested
98	112		for a violation of an ex parte or final protective order as provided
99	113		in Sections 60.2 and 60.3 of this title, or arrested for an act
100	114		constituting domestic abuse as specified in Sect ion 644 of Title 21
101	115		of the Oklahoma Statutes, or a rrested for any act constituting
102	116		domestic abuse, stalking o r harassment as defined by Section 60.1 of
103	117		this title, or arrested for an a ct constituting domestic assault and
104	118		battery or domestic assault and bat tery with a deadly weapon
105	119		pursuant to Section 644 of Title 21 of the Oklahoma Statutes,
106	120		without the violator appearing before a magistrate, judge or court.
107	121		To the extent that any of t he following information is available to
108	122		the court, the magistrate, judg e or court shall consider, in
109	123		addition to any othe r circumstances, before determining bond and
110		-	other conditions of release as necessary for the protection of the
111		-	alleged victim, the fo llowing:
112		-	1. Whether the person has a history of domestic violence or a
113		-	history of other violent acts;
114		-	2. The mental health of the person;
115		-	3. Whether the person has a history of v iolating the orders of
116		-	any court or governmental entity;
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118		-	ENGR. H. B. NO. 3220 Page 3 1
	125	+	HB3220 HFLR Page 3
	126	+	BOLD FACE denotes Committee Amendments. 1
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	151	+	other conditions of release as necessary for the protection of the
	152	+	alleged victim, the fo llowing:
	153	+	1. Whether the person has a history of domestic violence or a
	154	+	history of other violent acts;
	155	+	2. The mental health of the person;
	156	+	3. Whether the person has a history of v iolating the orders of
	157	+	any court or governmental entity;
143	158		4. Whether the person is potentially a threat to any o ther
144	159		person;
145	160		5. Whether the person has a history of abusing alcohol or any
146	161		controlled substance;
147	162		6. Whether the person has access to deadly we apons or a history
148	163		of using deadly weapons;
149	164		7. The severity of the alleged violence that is the basis of
150	165		the alleged offense including, but not li mited to:
151	166		a. the duration of the alleged violent i ncident,
152	167		b. whether the alleged violent incident involved s erious
153	168		physical injury,
154	169		c. whether the alleged vi olent incident involved se xual
155	170		assault,
156	171		d. whether the alleged violent incident involved
157	172		strangulation,
158	173		e. whether the alleged violent incident invo lved abuse
159	174		during the pregnancy of the alleged victim,
160		-	f. whether the alleged violent incident involved the
161		-	abuse of pets, or
162		-	g. whether the alleged violent incident invol ved forcible
163		-	entry to gain access t o the alleged victim;
164		-	8. Whether a separation of the person from the alleged victim
165		-	or a termination of the relationship between the person and the
166		-	alleged victim has recently occurre d or is pending;
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168		-	ENGR. H. B. NO. 3220 Page 4 1
	176	+	HB3220 HFLR Page 4
	177	+	BOLD FACE denotes Committee Amendments. 1
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	202	+	f. whether the alleged violent incident involved the
	203	+	abuse of pets, or
	204	+	g. whether the alleged violent incident invol ved forcible
	205	+	entry to gain access t o the alleged victim;
	206	+	8. Whether a separation of the person from the alleged victim
	207	+	or a termination of the relationship between the person and the
	208	+	alleged victim has recently occurre d or is pending;
193	209		9. Whether the pers on has exhibited obsessive or contr olling
194	210		behaviors toward the alleged victim includi ng, but not limited to,
195	211		stalking, surveillance, or isolatio n of the alleged victim;
196	212		10. Whether the person has expressed suicidal or homicidal
197	213		ideations; and
198	214		11. Any information contained in the complaint and any police
199	215		reports, affidavits, or other docu ments accompanying the complaint.
200	216		C. A person arrested for :
201	217		1. A violation of an ex parte or final protect ive order as
202	218		provided in Sections 60.2 and 60.3 of this title;
203	219		2. An act constituting domestic ab use, domestic assault and
204	220		battery or domestic assa ult and battery with a deadly weapon as
205	221		specified in Section 644 of Title 21 of the Oklahoma Statutes; or
206	222		3. An act constituting dome stic abuse, stalking or harassment
207	223		as defined by Section 60.1 of this ti tle,
208	224		shall not be eligible for a personal recogniz ance bond pursuant to
209	225		Section 1108.1 of this title.
210		-	D. No police officer or sheriff may release a person ar rested
211		-	for any violation of subsection G of Section 2 -401 of Title 63 of
212		-	the Oklahoma Statutes, wi thout the violator appearing before a
213		-	magistrate, judge, or court. In determining bond and other
214		-	conditions of release, the magistrate, judge, or court shall
215		-	consider any evidence tha t the person is in any manner depende nt
216		-	upon a controlled dangerous subs tance or has a pattern of regular,
217	226
218		-	ENGR. H. B. NO. 3220 Page 5 1
	227	+	HB3220 HFLR Page 5
	228	+	BOLD FACE denotes Committee Amendments. 1
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	253	+	D. No police officer or sheriff may release a person ar rested
	254	+	for any violation of subsection G of Section 2 -401 of Title 63 of
	255	+	the Oklahoma Statutes, wi thout the violator appearing before a
	256	+	magistrate, judge, or court. In determining bond and other
	257	+	conditions of release, the magistrate, judge, or court shall
	258	+	consider any evidence tha t the person is in any manner depende nt
	259	+	upon a controlled dangerous subs tance or has a pattern of regular,
243	260		illegal use of any controlled dangerous substance. A rebuttable
244	261		presumption that no conditions of release on bond would as sure the
245	262		safety of the community or any person therein shall ar ise if the
246	263		state shows by clear and convincing evidence:
247	264		1. The person was arrested for a violation of subsection G of
248	265		Section 2-401 of Title 63 of the Oklahoma Statutes, relating to
249	266		manufacturing or attempting to manu facture a controlled dangerous
250	267		substance, or possessing any of the subst ances listed in subsection
251	268		G of Section 2-401 of Title 63 of the Oklahoma Statutes with the
252	269		intent to manufacture a controlled dangerous substance; and
253	270		2. The person is in any manner dependent upon a controlled
254	271		dangerous substance or has a pattern of regu lar illegal use of a
255	272		controlled dangerous substanc e, and the violation referred to in
256	273		paragraph 1 of this sub section was committed or attempted in order
257	274		to maintain or facilitate the d ependence or pattern of illegal use
258	275		in any manner.
259		-	E. No police officer or sheriff may release a person arrested
260		-	for a second or subsequent violation of Section 11-902 of Title 47
261		-	of the Oklahoma Statutes, without the granting of bail by a
262		-	magistrate, court, judge, or on -call judge, whether by telephone or
263		-	in person. In determining bond and other conditions of release, t he
264		-	magistrate, judge, on-call judge or court shall consider any
265		-	evidence that the person is in any manner dependent upon alcohol or
266		-	a controlled dangerous substance or has a pattern of regular abuse
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268		-	ENGR. H. B. NO. 3220 Page 6 1
	277	+	HB3220 HFLR Page 6
	278	+	BOLD FACE denotes Committee Amendments. 1
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	303	+	E. No police officer or sheriff may release a person arrested
	304	+	for a second or subsequent violation of Section 11-902 of Title 47
	305	+	of the Oklahoma Statutes, without the granting of bail by a
	306	+	magistrate, court, judge, or on -call judge, whether by telephone or
	307	+	in person. In determining bond and other conditions of release, the
	308	+	magistrate, judge, on-call judge or court shall consider any
	309	+	evidence that the person is in any manner dependent upon alcohol or
	310	+	a controlled dangerous substance or has a pattern of regular abuse
293	311		of alcohol or the illegal use of any controlled dangerous substance.
294	312		If the person was arrested for any crime provided for in Section 11-
295	313		902 of Title 47 of the Oklahoma Statutes, the court shall consider
296	314		the threat the person poses to the public safety and shall pr esent
297	315		written findings on the bail amount.
298	316		SECTION 2. AMENDATORY 47 O.S. 2021, Secti on 10-104, is
299	317		amended to read as follows:
300	318		Section 10-104. A. The driver of any vehicle involved in an
301	319		accident resulting in injury to or death o f any person or damage to
302	320		any vehicle which is driven or attende d by any person shall give his
303	321		or her correct name, address and registration number of the vehicle
304	322		he or she is driving, and shall upon request exhibit his or her
305	323		driver license and his or her security verification form, as defined
306	324		in Section 7-600 of this title, to the person struck o r the driver
307	325		or occupant of or person att ending any vehicle coll ided with, and
308	326		shall render to any person injured in such accident reasonable
309		-	assistance, includin g the carrying, or the making of arrange ments
310		-	for the carrying, of such person to a physician, surgeon or hospital
311		-	for medical or surgi cal treatment if it is apparent that such
312		-	treatment is necessary or if such carrying is requested by the
313		-	injured person. Any driver who provides information req uired by
314		-	this section which is intentionally inaccurat e shall be subject to
315		-	the provisions of Section 10-103 of this title.
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317		-	ENGR. H. B. NO. 3220 Page 7 1
	328	+	HB3220 HFLR Page 7
	329	+	BOLD FACE denotes Committee Amendments. 1
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	354	+	assistance, includin g the carrying, or the making of arrange ments
	355	+	for the carrying, of such person to a physician, surgeon or hospital
	356	+	for medical or surgi cal treatment if it is apparent that such
	357	+	treatment is necessary or if such carrying is requested by the
	358	+	injured person. Any driver who provides information req uired by
	359	+	this section which is intentionally inaccurat e shall be subject to
	360	+	the provisions of Section 10-103 of this title.
342	361		B. Any driver of any vehicle involved in an accident who could
343	362		be cited for any traffic off ense where said accident resulted in the
344	363		immediate death or great bodily injury, as defined in subsection B
345	364		of Section 646 of Title 21 of the Oklahoma Statute s, of any person
346	365		shall submit to drug and alcohol testing as soon as practicable
347	366		after such accident occurs. The traffic offense violatio n shall
348	367		constitute probable cause for purposes of Section 752 of this title
349	368		and the procedures found in Section 752 of this title shall be
350	369		followed to determine the presence of alcohol or controlled
351	370		dangerous substances within the driver 's blood system.
352	371		SECTION 3. AMENDATORY 47 O.S. 2021, Section 11-902, is
353	372		amended to read as follows:
354	373		Section 11-902. A. It is unlawful and punishable as prov ided
355	374		in this section for any person to drive, opera te, or be in actual
356	375		physical control of a motor vehicle within t his state, whether upon
357	376		public roads, highways, streets, turnpikes, oth er public places or
358		-	upon any private road, street, alley or lane which provides access
359		-	to one or more single or multi -family dwellings, who:
360		-	1. Has a blood or breath alcohol concentration, as defined in
361		-	Section 756 of this title, of eight-hundredths (0.08) or more at the
362		-	time of a test of such person 's blood or breath admin istered within
363		-	two (2) hours after the arrest of su ch person;
364		-	2. Is under the influence of alcohol;
365	377
366		-	ENGR. H. B. NO. 3220 Page 8 1
	378	+	HB3220 HFLR Page 8
	379	+	BOLD FACE denotes Committee Amendments. 1
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	404	+	upon any private road, street, alley or lane which provides access
	405	+	to one or more single or multi -family dwellings, who:
	406	+	1. Has a blood or breath alcohol concentrat ion, as defined in
	407	+	Section 756 of this title, of eight-hundredths (0.08) or more at the
	408	+	time of a test of such person 's blood or breath admin istered within
	409	+	two (2) hours after the arrest of su ch person;
	410	+	2. Is under the influence of alcohol;
391	411		3. Has any amount of a Schedule I chemical or contro lled
392	412		substance, as defined in Se ction 2-204 of Title 63 of the Oklahoma
393	413		Statutes, or one of its metabo lites or analogs in the person 's
394	414		blood, saliva, urine or any other bodily fluid at the time of a test
395	415		of such person's blood, saliva, urine or any other b odily fluid
396	416		administered within two (2) hours after the arrest of such person;
397	417		4. Is under the influe nce of any intoxicating substance other
398	418		than alcohol which may render suc h person incapable of safely
399	419		driving or operating a motor vehicle . The timing requirement for
400	420		the administration of tests pursuant to S ection 756 of this title
401	421		shall not apply to this paragraph; or
402	422		5. Is under the combined influence of alcohol and any oth er
403	423		intoxicating substance which may rende r such person incapable of
404	424		safely driving or operating a motor vehicle. The timing requirement
405	425		for the administration of tests pursuant to Sec tion 756 of this
406	426		title shall not apply to this pa ragraph.
407		-	B. The fact that any person charged with a violation of this
408		-	section is or has been lawfully entitled to use alcohol or a
409		-	controlled dangerous subst ance or any other intoxicating substance
410		-	shall not constitute a defense against any charge of viol ating this
411		-	section.
412		-	C. 1. Any person who is convicted of a violation of the
413		-	provisions of this sectio n shall be guilty of a misdemean or for the
414		-	first offense and shall:
415	427
416		-	ENGR. H. B. NO. 3220 Page 9 1
	428	+	HB3220 HFLR Page 9
	429	+	BOLD FACE denotes Committee Amendments. 1
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	454	+	B. The fact that any person charged with a violation o f this
	455	+	section is or has been lawfully entitled to use alcohol or a
	456	+	controlled dangerous subst ance or any other intoxicating substance
	457	+	shall not constitute a defense against any charge of viol ating this
	458	+	section.
	459	+	C. 1. Any person who is convicted of a vio lation of the
	460	+	provisions of this sectio n shall be guilty of a misdemean or for the
	461	+	first offense and shall:
441	462		a. participate in an assessment and evaluation pursuant
442	463		to subsection G of this secti on and shall follow all
443	464		recommendations made in the assessment a nd evaluation,
444	465		b. be punished by impris onment in jail for not less than
445	466		ten (10) days nor more than one (1) year, and
446	467		c. be fined not more than One Thousand Dollars
447	468		($1,000.00).
448	469		2. Any person who, having been convic ted of or having received
449	470		deferred judgment for a violation of this section or a violation
450	471		pursuant to the prov isions of any law of th is state or another state
451	472		prohibiting the offense s provided in this section, Section 11 -904 of
452	473		this title or paragraph 4 o f subsection A of Section 852.1 of Title
453	474		21 of the Oklahoma Statutes, or having a prior conviction in a
454	475		municipal criminal court of re cord for the violation of a municipal
455	476		ordinance prohibiting the offense provided for in this secti on
456	477		commits a subsequent violation of this section within ten (10 ) years
457		-	of the date following the compl etion of the execution of said
458		-	sentence or deferred jud gment shall, upon conviction, be guilty of a
459		-	felony and shall participate in an assessment and eva luation
460		-	pursuant to subsection G of this section and shall be sentenced to:
461		-	a. follow all recommendatio ns made in the assessment and
462		-	evaluation for treatment at the defendant's expense,
463		-	or
464	478
465		-	ENGR. H. B. NO. 3220 Page 10 1
	479	+	HB3220 HFLR Page 10
	480	+	BOLD FACE denotes Committee Amendments. 1
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	505	+	of the date following the compl etion of the execution of said
	506	+	sentence or deferred jud gment shall, upon conviction, be guilty of a
	507	+	felony and shall participate in an assessment and eva luation
	508	+	pursuant to subsection G of this section and shall be se ntenced to:
	509	+	a. follow all recommendatio ns made in the assessment and
	510	+	evaluation for treatment at the defendant's expense,
	511	+	or
490	512		b. placement in the custody of the Department of
491	513		Corrections for not less than one (1) year and not to
492	514		exceed five (5) years and a fine of not more than Two
493	515		Thousand Five Hundred Dollars ($2,500.00), or
494	516		c. treatment, imprisonment and a fine within the
495	517		limitations prescribed in subparagraphs a and b of
496	518		this paragraph.
497	519		However, if the treatment in subsection G of this section does
498	520		not include residential or inpatient treatme nt for a period of not
499	521		less than five (5) days, the per son shall serve a term of
500	522		imprisonment of at leas t five (5) days.
501	523		3. Any person who commits a vio lation of this section a fter
502	524		having been convicted of a felony o ffense pursuant to the provisions
503	525		of this section or a violation pursua nt to the provisions of any law
504	526		of this state or another state prohibiti ng the offenses provided for
505	527		in this section, Sec tion 11-904 of this title or paragraph 4 of
506	528		subsection A of Sect ion 852.1 of Title 21 of the Oklahoma S tatutes
507		-	shall be guilty of a fel ony and participate in an assessment and
508		-	evaluation pursuant to subsecti on G of this section and shall be
509		-	sentenced to:
510		-	a. follow all recommendat ions made in the assessment and
511		-	evaluation for treatment at the defendant 's expense,
512		-	two hundred forty (240) ho urs of community servic e and
513		-	use of an ignition interlock device, as pro vided by
514	529
515		-	ENGR. H. B. NO. 3220 Page 11 1
	530	+	HB3220 HFLR Page 11
	531	+	BOLD FACE denotes Committee Amendments. 1
516	532		2
517	533		3
518	534		4
519	535		5
520	536		6
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523	539		9
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530	546		16
531	547		17
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533	549		19
534	550		20
535	551		21
536	552		22
537	553		23
538	554		24
539	555
	556	+	shall be guilty of a fel ony and participate in an assessment and
	557	+	evaluation pursuant to subsecti on G of this section and shall be
	558	+	sentenced to:
	559	+	a. follow all recommendat ions made in the assessment and
	560	+	evaluation for treatment at the defendant 's expense,
	561	+	two hundred forty (240) ho urs of community servic e and
	562	+	use of an ignition interlock device, as pro vided by
540	563		subparagraph n of paragraph 1 of subsect ion A of
541	564		Section 991a of Title 22 of the Oklahoma Statutes, or
542	565		b. placement in the custody of the Depar tment of
543	566		Corrections for not les s than one (1) year and not to
544	567		exceed ten (10) years and a fine of not m ore than Five
545	568		Thousand Dollars ($5,000.00), or
546	569		c. treatment, imprisonment and a fine within the
547	570		limitations prescribed in subparagraphs a and b of
548	571		this paragraph.
549	572		However, if the treat ment in subsection G of this section does
550	573		not include residential or inp atient treatment for a period of not
551	574		less than ten (10) days, the person shall serve a term of
552	575		imprisonment of at least ten (10) days.
553	576		4. Any person who commits a violation of this se ction after
554	577		having been twice convicted of a felony offense pursuant to the
555	578		provisions of this section or a violation pur suant to the provisions
556	579		of any law of this state or another stat e prohibiting the offenses
557		-	provided for in this section, Section 11-904 of this title or
558		-	paragraph 4 of subsection A of Section 852.1 of Title 21 of the
559		-	Oklahoma Statutes shall be guilty of a felony and participate i n an
560		-	assessment and evaluation pursuant to subsection G of this section
561		-	and shall be sentenced to:
562		-	a. follow all recommendations made in the assessment and
563		-	evaluation for treatment at the defendant's expense,
564	580
565		-	ENGR. H. B. NO. 3220 Page 12 1
	581	+	HB3220 HFLR Page 12
	582	+	BOLD FACE denotes Committee Amendments. 1
566	583		2
567	584		3
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583	600		19
584	601		20
585	602		21
586	603		22
587	604		23
588	605		24
589	606
	607	+	provided for in this section, Section 11-904 of this title or
	608	+	paragraph 4 of subsection A of Section 852.1 of Title 21 of the
	609	+	Oklahoma Statutes shall be guilty of a felony and participate i n an
	610	+	assessment and evaluation pursuant to subsection G of this section
	611	+	and shall be sentenced to:
	612	+	a. follow all recommendations made in the assessment and
	613	+	evaluation for treatment at the defendant's expense,
590	614		followed by not less th an one (1) year of super vision
591	615		and periodic testing at the defen dant's expense, four
592	616		hundred eighty (480) hours of community service, a nd
593	617		use of an ignition i nterlock device, as provided by
594	618		subparagraph n of paragraph 1 of subsection A of
595	619		Section 991a of Title 22 of the Oklahoma Statutes, for
596	620		a minimum of thirty (30) d ays, or
597	621		b. placement in the custody of the Department of
598	622		Corrections for not less than one (1) year and not to
599	623		exceed twenty (20) years and a f ine of not more than
600	624		Five Thousand Dollars ($5,00 0.00), or
601	625		c. treatment, imprisonment and a fine within the
602	626		limitations prescribed in subparagraphs a an d b of
603	627		this paragraph.
604	628		However, if the person does not undergo residential or inpatient
605	629		treatment pursuant to subsection G of this section the person sha ll
606	630		serve a term of impri sonment of at least ten (10) days.
607		-	5. Any person who, after a previous convict ion of a violation
608		-	of murder in the second degree or ma nslaughter in the first degree
609		-	in which the death was caused as a result of driving under the
610		-	influence of alcohol or othe r intoxicating substance, is convicted
611		-	of a violation of this section shall be guilty of a felony and shall
612		-	be punished by imprisonmen t in the custody of the Department of
613		-	Corrections for not less than five (5) years and not to exce ed
614	631
615		-	ENGR. H. B. NO. 3220 Page 13 1
	632	+	HB3220 HFLR Page 13
	633	+	BOLD FACE denotes Committee Amendments. 1
616	634		2
617	635		3
618	636		4
619	637		5
620	638		6
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622	640		8
623	641		9
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633	651		19
634	652		20
635	653		21
636	654		22
637	655		23
638	656		24
639	657
	658	+	5. Any person who, after a previous convict ion of a violation
	659	+	of murder in the second degree or ma nslaughter in the first degree
	660	+	in which the death was caused as a result of driving under the
	661	+	influence of alcohol or othe r intoxicating substance, is convicted
	662	+	of a violation of this section shall be guilty of a felony and shall
	663	+	be punished by imprisonmen t in the custody of the Department of
	664	+	Corrections for not less than five (5) years and not to exce ed
640	665		twenty (20) years, an d a fine of not more than Ten Thousand D ollars
641	666		($10,000.00).
642	667		6. Provided, however, a conviction from another s tate shall not
643	668		be used to enhance punishment pursuant to the provisions of this
644	669		subsection if that conviction is based on a blood or breath alcoh ol
645	670		concentration of less than eight-hundredths (0.08).
646	671		7. In any case in which a defendant is charged with driving
647	672		under the influence of alcohol or other intoxicating substance
648	673		offense within any municipality with a municipal cour t other than a
649	674		court of record, the charge shall be presented to the county's
650	675		district attorney and fil ed with the district court of th e county
651	676		within which the municipality is located.
652	677		D. Any person who is convicted of a violation of driving under
653	678		the influence with a blood or breath alcohol concentration of
654	679		fifteen-hundredths (0.15) or more pursuant to t his section shall be
655	680		deemed guilty of aggravated drivin g under the influence. A person
656	681		convicted of aggravated driving under the influence shall
657		-	participate in an assessment an d evaluation pursuant to subsection G
658		-	of this section and shall comply with all recommendations for
659		-	treatment. Such person shall be s entenced as provided in paragraph
660		-	1, 2, 3, 4 or 5 of subsection C of this section and to:
661		-	1. Not less than one (1) year o f supervision and periodic
662		-	testing at the defendant's expense; and
663	682
664		-	ENGR. H. B. NO. 3220 Page 14 1
	683	+	HB3220 HFLR Page 14
	684	+	BOLD FACE denotes Committee Amendments. 1
665	685		2
666	686		3
667	687		4
668	688		5
669	689		6
670	690		7
671	691		8
672	692		9
673	693		10
674	694		11
675	695		12
676	696		13
677	697		14
678	698		15
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680	700		17
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682	702		19
683	703		20
684	704		21
685	705		22
686	706		23
687	707		24
688	708
	709	+	participate in an assessment an d evaluation pursuant to subsection G
	710	+	of this section and shall comply with all recommendations for
	711	+	treatment. Such person shall be s entenced as provided in paragraph
	712	+	1, 2, 3, 4 or 5 of subsection C of this section and to:
	713	+	1. Not less than one (1) year o f supervision and periodic
	714	+	testing at the defendant's expense; and
689	715		2. An ignition interlock device or devices, as provided by
690	716		subparagraph n of paragraph 1 of subsection A of Section 991a of
691	717		Title 22 of the Oklahoma Statutes, for a minimum of ninety (90)
692	718		days.
693	719		E. When a person is sentenced to imprisonment in the custody of
694	720		the Department of Corrections, the perso n shall be processed th rough
695	721		the Lexington Assessment and Reception Cent er or at a place
696	722		determined by the Director of th e Department of Correcti ons. The
697	723		Department of Corrections shal l classify and assign the person to
698	724		one or more of the following:
699	725		1. The Department of Mental Health and Substance Abuse Services
700	726		pursuant to paragraph 1 of subsection A of Section 612 of Tit le 57
701	727		of the Oklahoma Statutes; or
702	728		2. A correctional facility o perated by the Department of
703	729		Corrections with assignment to substance a buse treatment.
704	730		Successful completion of a Department -of-Corrections-approved
705	731		substance abuse treatment program shall sa tisfy the recommendation
706	732		for a ten-hour or twenty-four-hour alcohol and drug substance abuse
707		-	course or treatment program or both. Succ essful completion of an
708		-	approved Department of Corrections substance abu se treatment program
709		-	may precede or follow the re quired assessment.
710		-	F. The Department of Public Safety is hereby authorized to
711		-	reinstate any suspended or revoked driving privilege whe n the person
712	733
713		-	ENGR. H. B. NO. 3220 Page 15 1
	734	+	HB3220 HFLR Page 15
	735	+	BOLD FACE denotes Committee Amendments. 1
714	736		2
715	737		3
716	738		4
717	739		5
718	740		6
719	741		7
720	742		8
721	743		9
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729	751		17
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733	755		21
734	756		22
735	757		23
736	758		24
737	759
	760	+	course or treatment program or both. Succ essful completion of an
	761	+	approved Department of Corrections substance abu se treatment program
	762	+	may precede or follow the re quired assessment.
	763	+	F. The Department of Public Safety is hereby authorized to
	764	+	reinstate any suspended or revoked driving privilege whe n the person
738	765		meets the statutory requirements which affect the existing driving
739	766		privilege.
740	767		G. Any person who is found gu ilty of a violation of t he
741	768		provisions of this section shall be o rdered to participate in an
742	769		alcohol and drug substance abuse evaluation and assessment program
743	770		offered by a certified assessment agency or cert ified assessor for
744	771		the purpose of evaluating and assessing the receptivit y to treatment
745	772		and prognosis of the pers on and shall follow all recommendations
746	773		made in the assessment and evaluation for treatment. The court
747	774		shall order the person to reimburse the agency or assessor for the
748	775		evaluation and assess ment. Payment shall be remitted by the
749	776		defendant or on behalf o f the defendant by any third party;
750	777		provided, no state-appropriated funds are utilized. The f ee for an
751	778		evaluation and assessment shall be the amount provided in subsection
752	779		C of Section 3-460 of Title 43A of the Okla homa Statutes. The
753	780		evaluation and asses sment shall be conducted at a certified
754	781		assessment agency, the office o f a certified assessor or at another
755	782		location as ordered by the court. The agency or assessor shall,
756	783		within seventy-two (72) hours from the time the person is evaluated
757		-	and assessed, submit a written report to the court for the purpose
758		-	of assisting the court in its sentencing d etermination. The court
759		-	shall, as a condition of any sentence imposed, including deferred
760		-	and suspended sentences, requir e the person to participate in and
761		-	successfully complete all recommendations fr om the evaluation, such
762	784
763		-	ENGR. H. B. NO. 3220 Page 16 1
	785	+	HB3220 HFLR Page 16
	786	+	BOLD FACE denotes Committee Amendments. 1
764	787		2
765	788		3
766	789		4
767	790		5
768	791		6
769	792		7
770	793		8
771	794		9
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773	796		11
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775	798		13
776	799		14
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785	808		23
786	809		24
787	810
	811	+	and assessed, submit a written report to the court for the purpose
	812	+	of assisting the court in its sentencing d etermination. The court
	813	+	shall, as a condition of any sentence imposed, including deferred
	814	+	and suspended sentences, requir e the person to participate in and
	815	+	successfully complete all recommendations fr om the evaluation, such
788	816		as an alcohol and substance abu se treatment program pursuant to
789	817		Section 3-452 of Title 43A of the Oklahoma Statutes. If such rep ort
790	818		indicates that the e valuation and assessment shows that the
791	819		defendant would benefit from a ten -hour or twenty-four-hour alcohol
792	820		and drug substance abuse c ourse or a treatment program or both, the
793	821		court shall, as a condition of any sentence imposed, inc luding
794	822		deferred and suspended sentences, require the person to f ollow all
795	823		recommendations identified by the evaluation and assessment a nd
796	824		ordered by the court . No person, agency or facility operating an
797	825		evaluation and assessment program certified by the D epartment of
798	826		Mental Health and Substance Abuse Services shall so licit or refer
799	827		any person evaluated and assessed pursuant to this secti on for any
800	828		treatment program or substance abuse service in which such pe rson,
801	829		agency or facility has a vested interest; h owever, this provision
802	830		shall not be construed to prohibit the co urt from ordering
803	831		participation in or a ny person from voluntarily utili zing a
804	832		treatment program or substance abuse service offered by such pers on,
805	833		agency or facility. If a person is sentenced to imprisonment in the
806	834		custody of the Department of Corrections and the court has received
807		-	a written evaluation report pursuant to the provisions of this
808		-	subsection, the report shall be furnished to the Dep artment of
809		-	Corrections with the judgment and sent ence. Any evaluation an d
810		-	assessment report submitted to the court pursuant to the provisions
811		-	of this subsection shall be handled in a manner which will keep such
812	835
813		-	ENGR. H. B. NO. 3220 Page 17 1
	836	+	HB3220 HFLR Page 17
	837	+	BOLD FACE denotes Committee Amendments. 1
814	838		2
815	839		3
816	840		4
817	841		5
818	842		6
819	843		7
820	844		8
821	845		9
822	846		10
823	847		11
824	848		12
825	849		13
826	850		14
827	851		15
828	852		16
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833	857		21
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835	859		23
836	860		24
837	861
	862	+	a written evaluation report pursuant to the provisions of this
	863	+	subsection, the report shall be furnished to the Dep artment of
	864	+	Corrections with the judgment and sent ence. Any evaluation an d
	865	+	assessment report submitted to the cou rt pursuant to the provisions
	866	+	of this subsection shall be handled in a manner which will keep such
838	867		report confidential from the general public 's review. Nothing
839	868		contained in this subsection s hall be construed to pro hibit the
840	869		court from ordering judgment a nd sentence in the event the defendant
841	870		fails or refuses to comply with an order of the court t o obtain the
842	871		evaluation and assessment required b y this subsection. If the
843	872		defendant fails or ref uses to comply with an o rder of the court to
844	873		obtain the evaluation and assessment, the Department of Pu blic
845	874		Safety shall not reinstate driving privileges unti l the defendant
846	875		has complied in full with such or der. Nothing contained in this
847	876		subsection shall be construed to prohibit the court from ordering
848	877		judgment and sentence and any other sanction authorize d by law for
849	878		failure or refusal to comply with an order of the court.
850	879		H. Any person who is found guilty of a violation of the
851	880		provisions of this section shall be required by th e court to attend
852	881		a victims impact panel program, as defined in subsection H of
853	882		Section 991a of Title 22 of the Oklahoma Statutes, if such a program
854	883		is offered in the county where the judgment is rendered, and to pay
855	884		a fee of Seventy-five Dollars ($75.00), as set by the governing
856	885		authority of the program and approved by the court, to the program
857		-	to offset the cost of participation by the defendant, if in the
858		-	opinion of the court the de fendant has the ability to pay such fee.
859		-	I. Any person who is found guil ty of a felony violation of the
860		-	provisions of this section shall be required to submit to electronic
861	886
862		-	ENGR. H. B. NO. 3220 Page 18 1
	887	+	HB3220 HFLR Page 18
	888	+	BOLD FACE denotes Committee Amendments. 1
863	889		2
864	890		3
865	891		4
866	892		5
867	893		6
868	894		7
869	895		8
870	896		9
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872	898		11
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875	901		14
876	902		15
877	903		16
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882	908		21
883	909		22
884	910		23
885	911		24
886	912
	913	+	to offset the cost of participation by the defendant, if in the
	914	+	opinion of the court the de fendant has the ability to pay such fee.
	915	+	I. Any person who is found guil ty of a felony violation of the
	916	+	provisions of this section shall be required to submit to electronic
887	917		monitoring as authorized and defi ned by Section 991a of Title 22 of
888	918		the Oklahoma Statutes.
889	919		J. Any person who is found guilty of a violation of the
890	920		provisions of this section who has been sentenc ed by the court to
891	921		perform any type of community service shall not be p ermitted to pay
892	922		a fine in lieu of performing the community service.
893	923		K. When a person is found guilty of a violation of t he
894	924		provisions of this se ction, the court shall order, in additio n to
895	925		any other penalty, the defendant t o pay a one-hundred-dollar
896	926		assessment to be deposited i n the Drug Abuse Education and Treatment
897	927		Revolving Fund created in Section 2 -503.2 of Title 63 of the
898	928		Oklahoma Statutes, u pon collection.
899	929		L. 1. When a person is eighteen (18) years of age or older,
900	930		and is the driver, operator, or p erson in physical contr ol of a
901	931		vehicle, and is convicted of violating an y provision of this section
902	932		while transporting or having in the motor veh icle any child less
903	933		than eighteen (18) y ears of age, the fine shall be enhanced to
904	934		double the amount of the fin e imposed for the under lying driving
905	935		under the influence (DUI) violation which shall be in addition to
906	936		any other penalties allowed by this sectio n.
907		-	2. Nothing in this subsection shall prohibit the prosecution of
908		-	a person pursuant to Section 852.1 of Title 21 of the Oklahoma
909		-	Statutes who is in violation of any provision of thi s section or
910		-	Section 11-904 of this title.
911	937
912		-	ENGR. H. B. NO. 3220 Page 19 1
	938	+	HB3220 HFLR Page 19
	939	+	BOLD FACE denotes Committee Amendments. 1
913	940		2
914	941		3
915	942		4
916	943		5
917	944		6
918	945		7
919	946		8
920	947		9
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924	951		13
925	952		14
926	953		15
927	954		16
928	955		17
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932	959		21
933	960		22
934	961		23
935	962		24
936	963
	964	+	2. Nothing in this subsection shall prohibit the prosecution of
	965	+	a person pursuant to Section 852.1 of Title 21 of the Oklahoma
	966	+	Statutes who is in violation of any provision of thi s section or
	967	+	Section 11-904 of this title.
937	968		M. Any plea of guilty, nolo c ontendere or finding of guilt for
938	969		a violation of this section or a violation pu rsuant to the
939	970		provisions of any law of this state or an other state prohibiting the
940	971		offenses provided for in this section, Section 11 -904 of this title,
941	972		or paragraph 4 of subsect ion A of Section 852.1 of Title 21 of th e
942	973		Oklahoma Statutes, shall constitute a conviction of the offense for
943	974		the purpose of this sect ion; provided, any deferred judgment shall
944	975		only be considered to constitute a conviction for a per iod of ten
945	976		(10) years following the completion of any court-imposed
946	977		probationary term.
947	978		N. If qualified by knowledge, skill, experience , training or
948	979		education, a witness shall be allowed to testify in the fo rm of an
949	980		opinion or otherwise solely on the issue of impairment, but not on
950	981		the issue of specific alcohol concent ration level, relating to the
951	982		following:
952	983		1. The results of any standar dized field sobriety te st
953	984		including, but not limited to, the horizontal gaze nystagmus (HGN)
954	985		test administered by a perso n who has completed trai ning in
955	986		standardized field sobriety test ing; or
956		-	2. Whether a person was under the influence of one or more
957		-	impairing substances and t he category of such impairing substance or
958		-	substances. A witness who has received training and ho lds a current
959		-	certification as a drug recognition expert shall be qualified to
960	987
961		-	ENGR. H. B. NO. 3220 Page 20 1
	988	+	HB3220 HFLR Page 20
	989	+	BOLD FACE denotes Committee Amendments. 1
962	990		2
963	991		3
964	992		4
965	993		5
966	994		6
967	995		7
968	996		8
969	997		9
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972	1000		12
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975	1003		15
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977	1005		17
978	1006		18
979	1007		19
980	1008		20
981	1009		21
982	1010		22
983	1011		23
984	1012		24
985	1013
	1014	+	2. Whether a person was under the influence of one or more
	1015	+	impairing substances and t he category of such impairing substance or
	1016	+	substances. A witness who has received training and ho lds a current
	1017	+	certification as a drug recognition expert shall b e qualified to
986	1018		give the testimony in an y case in which such testimony m ay be
987	1019		relevant.
988	1020		SECTION 4. AMENDATORY 47 O.S. 2021, Section 752, as
989	1021		amended by Section 22, Chap ter 310, O.S.L. 2023 (47 O.S. Supp. 2023,
990	1022		Section 752), is amend ed to read as follow s:
991	1023		Section 752. A. Only a licensed medical doctor , licensed
992	1024		osteopathic physician, licensed chiropractic physician, reg istered
993	1025		nurse, licensed practical nurse, physician's assistant, certified by
994	1026		any state's appropriate licensing authority, an employee of a
995	1027		hospital or other health care facility authoriz ed by the hospital or
996	1028		health care facility to withdraw blood, or indiv iduals licensed in
997	1029		accordance with Section 1-2505 of Title 63 of the Oklahoma Statutes
998	1030		as an Intermediate Emergency Medical Technician, an Advanced
999	1031		Emergency Medical Technician or a Para medic, acting within the scope
1000	1032		of practice prescribed by their medical director, acting at the
1001	1033		request of a law enforcement officer may withdraw blood for the
1002	1034		purpose of having a determination made of its concentration of
1003	1035		alcohol or the presence or concentration of other intoxicating
1004	1036		substance. Only qualified persons author ized by the Board may
1005		-	collect breath, saliva or urine, or administer tests of breath under
1006		-	the provisions of this title.
1007		-	B. If the person authorized to withdraw blood as specified in
1008		-	subsection A of this section is presented with a written statement:
1009	1037
1010		-	ENGR. H. B. NO. 3220 Page 21 1
	1038	+	HB3220 HFLR Page 21
	1039	+	BOLD FACE denotes Committee Amendments. 1
1011	1040		2
1012	1041		3
1013	1042		4
1014	1043		5
1015	1044		6
1016	1045		7
1017	1046		8
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1024	1053		15
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1032	1061		23
1033	1062		24
1034	1063
	1064	+	collect breath, saliva or urine, or administer tests of breath under
	1065	+	the provisions of this title.
	1066	+	B. If the person authorized to withdraw blood as specified in
	1067	+	subsection A of this section is presented with a written statement:
1035	1068		1. Authorizing blood withdraw al signed by the person whose
1036	1069		blood is to be withdrawn;
1037	1070		2. Signed by a duly authorized peace officer that the person
1038	1071		whose blood is to be withdrawn has agreed to the withdrawal of
1039	1072		blood;
1040	1073		3. Signed by a duly authorized peace offi cer that the person
1041	1074		whose blood is to be withdrawn has been placed under arrest and that
1042	1075		the officer has probable cause to believe that the person, while
1043	1076		intoxicated, has operated a motor vehicle in such manner as to have
1044	1077		caused the death or serious physic al injury of another pe rson, or
1045	1078		the person has been involved in a traffic accident and has been
1046	1079		removed from the scene of the accident that resulted in the death or
1047	1080		great bodily injury, as defined in subsection B of Section 646 of
1048	1081		Title 21 of the Oklahoma Statutes, of any person to a hospital or
1049	1082		other health care facility outside the Sta te of Oklahoma before the
1050	1083		law enforcement officer was able to effect an arrest for such
1051	1084		offense there are exigent circumstance s which necessitate the
1052	1085		withdrawal of blood; or
1053	1086		4. In the form of an order from a district court that blood be
1054	1087		withdrawn, the person authorized to withdraw the blood and the
1055		-	hospital or other health care facility where the withdrawal occurs
1056		-	may rely on such a statement or order as evidence that the person
1057		-	has consented to or has been required to submit to the clinical
1058		-	procedure and shall not requ ire the person to sign any additional
1059	1088
1060		-	ENGR. H. B. NO. 3220 Page 22 1
	1089	+	HB3220 HFLR Page 22
	1090	+	BOLD FACE denotes Committee Amendments. 1
1061	1091		2
1062	1092		3
1063	1093		4
1064	1094		5
1065	1095		6
1066	1096		7
1067	1097		8
1068	1098		9
1069	1099		10
1070	1100		11
1071	1101		12
1072	1102		13
1073	1103		14
1074	1104		15
1075	1105		16
1076	1106		17
1077	1107		18
1078	1108		19
1079	1109		20
1080	1110		21
1081	1111		22
1082	1112		23
1083	1113		24
1084	1114
	1115	+	hospital or other health care facility where the withdrawal occurs
	1116	+	may rely on such a statement or order as evidence that the person
	1117	+	has consented to or has been required to submit to the clinical
	1118	+	procedure and shall not requ ire the person to sign any additional
1085	1119		consent or waiver form . In such a case, the person authorized to
1086	1120		perform the procedure, the employer of such person and the hospital
1087	1121		or other health care facility shall not be liable in any acti on
1088	1122		alleging lack of con sent or lack of informed consent.
1089	1123		C. No person specified in subsection A of this section, no
1090	1124		employer of such person and no hospital or other health care
1091	1125		facility where blood is withdrawn shall incur any civil or criminal
1092	1126		liability as a result of the prop er withdrawal of blood when acting
1093	1127		at the request of a law e nforcement officer by the provisions of
1094	1128		Section 751 or 753 of this title, or when acting in reliance upon a
1095	1129		signed statement or court order as provided in this section, if t he
1096	1130		act is performed in a reasonable manner according to generally
1097	1131		accepted clinical practice. No person specified in subsection A of
1098	1132		this section shall incur any civil or criminal liability as a result
1099	1133		of the proper collection of breath, saliva or urine w hen acting at
1100	1134		the request of a law enforcement officer under the provisions of
1101	1135		Section 751 or 753 of this title or when acting pursuant to a court
1102	1136		order.
1103	1137		D. The blood, breath, saliva or urine specimens obtained shall
1104	1138		be tested by the appropriate test as d etermined by the Board, or
1105		-	tested by a laboratory that is exempt from the Board rul es pursuant
1106		-	to Section 759 of this title, to determine the alcohol concentration
1107		-	thereof, or the presence or c oncentration of any other intoxicating
1108	1139
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	1140	+	HB3220 HFLR Page 23
	1141	+	BOLD FACE denotes Committee Amendments. 1
1110	1142		2
1111	1143		3
1112	1144		4
1113	1145		5
1114	1146		6
1115	1147		7
1116	1148		8
1117	1149		9
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1120	1152		12
1121	1153		13
1122	1154		14
1123	1155		15
1124	1156		16
1125	1157		17
1126	1158		18
1127	1159		19
1128	1160		20
1129	1161		21
1130	1162		22
1131	1163		23
1132	1164		24
1133	1165
	1166	+	tested by a laboratory that is exempt from the Board rul es pursuant
	1167	+	to Section 759 of this title, to determine the alcohol concentration
	1168	+	thereof, or the presence or c oncentration of any other intoxicating
1134	1169		substance which might ha ve affected the ability of the person tested
1135	1170		to operate a motor vehicle safely.
1136	1171		E. When blood is withdrawn for testing of its alcohol
1137	1172		concentration or other intoxicating substance presence or
1138	1173		concentration, at the request of a law enforcement officer, a
1139	1174		sufficient quantity of t he same specimen shall be obtained to enable
1140	1175		the tested person, at his or her own option and expense, to have an
1141	1176		independent analysis made of such specimen. The excess blood
1142	1177		specimen shall be retained by a laboratory approved by the Board in
1143	1178		accordance with the rules and regulations of the Board or by a
1144	1179		laboratory that is exempt from the Board rules pursuant to Section
1145	1180		759 of this title, for sixty (60) days from the date of collection.
1146	1181		At any time within that period, the tested pers on or his or her
1147	1182		attorney may direct that such blood specimen be sent or delivered to
1148	1183		a laboratory of his or her own choosing and approved by the Board
1149	1184		for an independent analysis. Neither th e tested person, nor any
1150	1185		agent of such person, shall have access to the additional bloo d
1151	1186		specimen prior to the completion of the independent analys is, except
1152	1187		the analyst performing the independent analysis and agents of the
1153	1188		analyst.
1154		-	F. The costs of colle cting blood specimens for the purpose of
1155		-	determining the alcohol or other intoxicating s ubstance thereof, by
1156		-	or at the direction of a law enforcemen t officer, shall be borne by
1157		-	the law enforcement agency employing such officer; provided, if the
1158	1189
1159		-	ENGR. H. B. NO. 3220 Page 24 1
	1190	+	HB3220 HFLR Page 24
	1191	+	BOLD FACE denotes Committee Amendments. 1
1160	1192		2
1161	1193		3
1162	1194		4
1163	1195		5
1164	1196		6
1165	1197		7
1166	1198		8
1167	1199		9
1168	1200		10
1169	1201		11
1170	1202		12
1171	1203		13
1172	1204		14
1173	1205		15
1174	1206		16
1175	1207		17
1176	1208		18
1177	1209		19
1178	1210		20
1179	1211		21
1180	1212		22
1181	1213		23
1182	1214		24
1183	1215
	1216	+	F. The costs of colle cting blood specimens for the purpose of
	1217	+	determining the alcohol or other intoxicating s ubstance thereof, by
	1218	+	or at the direction of a law enforcemen t officer, shall be borne by
	1219	+	the law enforcement agency employing such officer; provided, if the
1184	1220		person is convicted for any offense involving the operation of a
1185	1221		motor vehicle while under the infl uence of or while impaired by
1186	1222		alcohol or an intoxicating sub stance, or both, as a direct result of
1187	1223		the incident which caused the collection of blood specimens, an
1188	1224		amount equal to the costs shall become a part of the court costs of
1189	1225		the person and shall be c ollected by the court and remitted to the
1190	1226		law enforcement agency bearing the costs. The cost of collecting,
1191	1227		retaining and sending or delivering to an independent labor atory the
1192	1228		excess specimens of blood for independent analysis at t he option of
1193	1229		the tested person shall also be borne by such law enforcement
1194	1230		agency. The cost of the independent analysis of such specimen of
1195	1231		blood shall be borne by the tested person at whose option such
1196	1232		analysis is performed. The tested person, or his or her agent,
1197	1233		shall make all necessary arrangements for the performance of such
1198	1234		independent analysis other than the forwarding or delivery of such
1199	1235		specimen.
1200	1236		G. Tests of blood or breath for th e purpose of determining the
1201	1237		alcohol concentration thereof, and te sts of blood for the pu rpose of
1202	1238		determining the presence or concentration of any ot her intoxicating
1203	1239		substance therein, under the provisions of this title, whether
1204		-	administered by or at the d irection of a law enforcement officer or
1205		-	administered independentl y, at the option of the tested person, on
1206		-	the excess specimen of such person 's blood to be considered valid
1207	1240
1208		-	ENGR. H. B. NO. 3220 Page 25 1
	1241	+	HB3220 HFLR Page 25
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1209	1243		2
1210	1244		3
1211	1245		4
1212	1246		5
1213	1247		6
1214	1248		7
1215	1249		8
1216	1250		9
1217	1251		10
1218	1252		11
1219	1253		12
1220	1254		13
1221	1255		14
1222	1256		15
1223	1257		16
1224	1258		17
1225	1259		18
1226	1260		19
1227	1261		20
1228	1262		21
1229	1263		22
1230	1264		23
1231	1265		24
1232	1266
	1267	+	administered by or at the d irection of a law enforcement officer or
	1268	+	administered independentl y, at the option of the tested person, on
	1269	+	the excess specimen of such person 's blood to be considered valid
1233	1270		and admissible in evidence under the provisions of this title, shall
1234	1271		have been administered in accordance with Section 759 of this title.
1235	1272		H. Any person who has been arres ted for any offense arising out
1236	1273		of acts alleged to have been committed while the person was
1237	1274		operating or in actual physical control of a motor vehicle while
1238	1275		under the influence of alcohol, any other int oxicating substance or
1239	1276		the combined influence of alcoh ol and any other intoxicating
1240	1277		substance who is not requested by a law enforcement officer to
1241	1278		submit to a test shall be entitled to have an independent test of
1242	1279		his or her blood for the purpose of determi ning its alcohol
1243	1280		concentration or the presence or conc entration of any other
1244	1281		intoxicating substance therein, perfo rmed by a person of his or her
1245	1282		own choosing who is qualified as stipulated in this section. The
1246	1283		arrested person shall bear the responsibility for making all
1247	1284		necessary arrangements for the adminis tration of such independent
1248	1285		test and for the independent ana lysis of any specimens obtained, and
1249	1286		bear all costs thereof. The failure or inability of the arrested
1250	1287		person to obtain an independent test shall not preclude the
1251	1288		admission of other competent evid ence bearing upon the question of
1252	1289		whether such person was un der the influence of alcohol, or any other
1253		-	intoxicating substance or the combined influence of alcohol and any
1254		-	other intoxicating substance.
1255		-	I. Any agency or laboratory cer tified by the Board or any
1256		-	agency or laboratory that is exempt from the Board rules pursuant to
1257	1290
1258		-	ENGR. H. B. NO. 3220 Page 26 1
	1291	+	HB3220 HFLR Page 26
	1292	+	BOLD FACE denotes Committee Amendments. 1
1259	1293		2
1260	1294		3
1261	1295		4
1262	1296		5
1263	1297		6
1264	1298		7
1265	1299		8
1266	1300		9
1267	1301		10
1268	1302		11
1269	1303		12
1270	1304		13
1271	1305		14
1272	1306		15
1273	1307		16
1274	1308		17
1275	1309		18
1276	1310		19
1277	1311		20
1278	1312		21
1279	1313		22
1280	1314		23
1281	1315		24
1282	1316
	1317	+	intoxicating substance or the combined influence of alcohol and any
	1318	+	other intoxicating substance.
	1319	+	I. Any agency or laboratory cer tified by the Board or any
	1320	+	agency or laboratory that is exempt from the Board rules pursuant to
1283	1321		Section 759 of this title, which analyses blood shall make available
1284	1322		a written report of the results of the test administered by or at
1285	1323		the direction of the law enforcement officer to:
1286	1324		1. The tested person, or his or her attorney;
1287	1325		2. The Commissioner of Public Safety;
1288	1326		3. The Director of Service Oklahoma; and
1289	1327		4. The Fatality Analysis Re porting System (FARS) analyst of the
1290	1328		state, upon request.
1291	1329		The results of the tests provided for in this title shall be
1292	1330		admissible in all civil actions, includi ng administrative hearings
1293	1331		regarding driving privileges.
1294	1332		SECTION 5. This act shall become effective November 1, 2024.
1295		-	Passed the House of Representatives the 6th day of March, 2024.
1296	1333
1297		-
1298		-
1299		-
1300		-	Presiding Officer of the House
1301		-	of Representatives
1302		-
1303		-
1304		-
1305		-	Passed the Senate the ___ day of __________, 2024.
1306		-
1307		-
1308		-
1309		-
1310		-	Presiding Officer of the Senate
	1334	+	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 02/27/2024 -
	1335	+	DO PASS, As Amended and Coauthored.