Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 SENATE BILL 525
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5 By: Senator J. Petty
6 By: Representative Pearce
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8 For An Act To Be Entitled
9 AN ACT CONCERNING VENOUS BLOOD DRAWS IN CONNECTION
10 WITH A CRIMINAL OFFENSE; TO ESTABLISH REQUIREMENTS
11 AND RESTRICTIONS FOR WHO CAN PERFORM VENOUS BLOOD
12 DRAWS AT THE REQUEST OF A LAW ENFORCEMENT OFFICER
13 UNDER CERTAIN CIRCUMSTANCES; TO CLARIFY THE
14 CIRCUMSTANCES FOR SUBJECTS TO REQUEST A SECOND TEST
15 UNDER CERTAIN CONDITIONS; AND FOR OTHER PURPOSES.
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18 Subtitle
19 CONCERNING VENOUS BLOOD DRAWS IN
20 CONNECTION WITH A CRIMINAL OFFENSE; TO
21 ESTABLISH REQUIREMENTS AND RESTRICTIONS
22 FOR WHO CAN PERFORM VENOUS BLOOD DRAWS;
23 AND TO CLARIFY CIRCUMSTANCES FOR A SECOND
24 TEST UNDER CERTAIN CONDITIONS.
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27 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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29 SECTION 1. Arkansas Code § 5-65-204(c), concerning requests for venous
30 blood draws in connection with a criminal offense, is amended to read as
31 follows:
32 (c)(1) Blood may be drawn by a person who is licensed, certified, or
33 otherwise authorized by law to perform venous blood draws when a:
34 (A) person Person consents to the procedure;
35 (B) Blood sample is taken at the request of a law
36 enforcement officer based on exigent circumstances; or
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1 (C) when a warrant Warrant or court order has been issued
2 to take a sample of the person's blood.
3 (2) When a blood sample is taken at the request of a law
4 enforcement officer based on exigent circumstances, the blood may only be
5 drawn by a physician or a licensed nurse.
6 (3) The limitations under subdivisions (c)(1) and (2)
7 subdivision (c)(1) of this section do not apply to the taking of a breath,
8 saliva, or urine specimen.
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10 SECTION 2. Arkansas Code § 5-65-204(d), concerning the rights of an
11 individual concerning venous blood draws in connection with a criminal
12 offense, is amended to add an additional subdivision to read as follows:
13 (4) An additional test that is requested under subdivision
14 (d)(1) of this section is not subject to the limitations stated under
15 subdivision (b)(1)(A) of this section if the additional test is performed at
16 a medical facility licensed by the department.
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Statutes affected:
SB 525: 5-65-204(c), 5-65-204(d)