Utah 2023 Regular Session

Utah House Bill HB0236 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 236
	1	+	H.B. 236
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: K.P. Gasser 6
	4	+	6 01-18-23 3:43 PM 6
	5	+	H.B. 236
2	6		1 DRIVING UNDER THE INFLUENCE TESTING
3	7		2 AMENDMENTS
4	8		3 2023 GENERAL SESSION
5	9		4 STATE OF UTAH
6	10		5 Chief Sponsor: Jefferson S. Burton
7	11		6 Senate Sponsor: Derrin R. Owens
8	12		7
9	13		8LONG TITLE
10	14		9General Description:
11	15		10 This bill amends provisions related to immunity from civil or criminal liability arising
12	16		11from drawing a blood sample from a person whom a peace officer has reason to believe
13	17		12is driving under the influence.
14	18		13Highlighted Provisions:
15	19		14 This bill:
16	20		15 <extends to a law enforcement agency immunity to civil and criminal liability arising
17	21		16from drawing a blood sample from a person whom a peace officer has reason to
18	22		17believe is driving under the influence if the blood draw is performed in a secure area
19	23		18within a law enforcement facility and in accordance with standard medical practice.
20	24		19Money Appropriated in this Bill:
21	25		20 None
22	26		21Other Special Clauses:
23	27		22 None
24	28		23Utah Code Sections Affected:
25	29		24AMENDS:
26	30		25 41-6a-523, as last amended by Laws of Utah 2019, Chapter 349
27	31		26
28	32		27Be it enacted by the Legislature of the state of Utah:
	33	+	HB0236 H.B. 236 01-18-23 3:43 PM
	34	+	- 2 - House Floor Amendments 1-31-2023 pf/kpg
29	35		28 Section 1. Section 41-6a-523 is amended to read:
30		-	29 41-6a-523. Persons authorized to draw blood -- Immunity from liability. H.B. 236 Enrolled Copy
31		-	- 2 -
	36	+	29 41-6a-523. Persons authorized to draw blood -- Immunity from liability.
32	37		30 (1) (a) Only the following, acting at the request of a peace officer, may draw blood to
33	38		31determine its alcohol or drug content:
34	39		32 (i) a physician;
35	40		33 (ii) a physician assistant;
36	41		34 (iii) a registered nurse;
37	42		35 (iv) a licensed practical nurse;
38	43		36 (v) a paramedic;
39	44		37 (vi) as provided in Subsection (1)(b), emergency medical service personnel other than
40	45		38paramedics; or
41	46		39 (vii) a person with a valid permit issued by the Department of Health and Human
42	47		40Services under Section 26-1-30.
43	48		41 (b) The Department of Health and Human Services may designate by rule, in
44	49		42accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency
45	50		43medical service personnel, as defined in Section 26-8a-102, are authorized to draw blood under
46	51		44Subsection (1)(a)(vi), based on the type of license under Section 26-8a-302.
47	52		45 (c) Subsection (1)(a) does not apply to taking a urine, breath, or oral fluid specimen.
48	53		46 (2) The following are immune from civil or criminal liability arising from drawing a
49	54		47blood sample from a person whom a peace officer has reason to believe is driving in violation
50		-	48of this chapter, if the sample is drawn in accordance with standard medical practice, and
51		-	~~49pursuant~~ to a warrant or with the consent of the individual:
52		-	50 (a) a person authorized to draw blood under Subsection (1)(a); [and]
53		-	51 (b) if the blood is drawn at a hospital or other medical facility, the medical facility[.];
54		-	~~52or~~
55		-	53 (c) if the blood is drawn at a law enforcement facility in a secure area not accessible by
56		-	~~54the~~ public, the law enforcement agency.
	55	+	48of this chapter, if the sample is drawn in accordance with standard medical practice º , and
	56	+	48apursuant to a warrant or with the consent of the individual » :
	57	+	49 (a) a person authorized to draw blood under Subsection (1)(a); [and]
	58	+	50 (b) if the blood is drawn at a hospital or other medical facility, the medical facility[.];
	59	+	51 º [and] or »
	60	+	52 (c) if the blood is drawn at a law enforcement facility in a secure area not accessible by
	61	+	53the public, the law enforcement agency.