Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 990 of the Regular Session
 State of Arkansas
 93rd General Assembly                        A Bill
 Regular Session, 2021                                                             HOUSE BILL 1897
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 By: Representative Bryant
 By: Senator B. Ballinger
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                                   For An Act To Be Entitled
                 AN ACT CONCERNING VENOUS BLOOD DRAWS IN CONNECTION
                 WITH A CRIMINAL OFFENSE; TO AMEND  5-65-204; AND FOR
                 OTHER PURPOSES.
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                                               Subtitle
                         CONCERNING VENOUS BLOOD DRAWS IN
                         CONNECTION WITH A CRIMINAL OFFENSE; AND
                         TO AMEND  5-65-204.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1.        Arkansas Code  5-65-204 is amended to read as follows:
        5-65-204.        Validity  Approved methods.
        (a)(1)       As used in this chapter,  5-10-105,  5-75-101 et seq., and 
 5-76-101 et seq. [repealed], alcohol concentration means either:
                         (A)   Grams of alcohol per one hundred milliliters (100 ml)
 or one hundred cubic centimeters (100 cc) of blood; or
                         (B)   Grams of alcohol per two hundred ten liters (210 l) of
 breath.
                 (2)     The alcohol concentration of urine, saliva, or other bodily
 substance is based upon grams of alcohol per one hundred milliliters (100 ml)
 or one hundred cubic centimeters (100 cc) of blood, the same being percent
 weight per volume or percent alcohol concentration.
        (b)(1)(A)        A chemical test made to determine the presence and amount of
 alcohol in a person's blood, urine, saliva, or breath to be considered valid
 under this chapter shall be performed according to a method approved by the
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 Department of Health and State Board of Health or by an individual possessing
 a valid certificate issued by the department for this purpose.
                        (B)   The department may:
                                 (i)     Approve satisfactory techniques or methods for
 the chemical test;
                                 (ii)    Ascertain the qualifications and competence of
 an individual to conduct the chemical test; and
                                 (iii)    Issue a certificate that is subject to
 termination or revocation at the discretion of the department.
                        (C)(i)     An auxiliary law enforcement officer appointed as a
 reserve law enforcement officer and certified by the department in the
 operation of an instrument used to determine the alcohol content of the
 breath may operate an instrument used to determine the alcohol content of the
 breath under this chapter.
                                 (ii)    The department shall promulgate rules to
 implement subdivision (b)(1)(C)(i) of this section.
               (2)   However, a method of chemical analysis of a person's blood,
 urine, saliva, or other bodily substance made by the State Crime Laboratory
 for determining the presence of one (1) or more controlled substances or any
 intoxicant is exempt from approval by the department or the board.
      (c)(1)     When a person submits to a blood test at the request of a law
 enforcement officer under a provision of this section or because a warrant
 has been issued to take a sample of the person's blood, blood may be drawn by
 a physician or a person acting under the direction and supervision of a
 physician Blood may be drawn by a person who is licensed, certified, or
 otherwise authorized by law to perform venous blood draws when a person
 consents to the procedure or when a warrant or court order has been issued to
 take a sample of the persons blood.
               (2)   When a blood sample is taken at the request of a law
 enforcement officer based on exigent circumstances, the blood may only be
 drawn by a physician or a licensed nurse.
               (2)(3)     The limitation in subdivision limitations under
 subdivisions (c)(1) and (2) of this section does do not apply to the taking
 of a breath, saliva, or urine specimen.
               (3)(A)     No person, institution, or office in this state that
 withdraws blood for the purpose of determining alcohol or controlled
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 substance content of the blood at the request of a law enforcement officer
 under a provision of this chapter shall be held liable for violating any
 criminal law of this state in connection with the withdrawing of the blood.
                     (B)   No physician, institution, or person acting under the
 direction or supervision of a physician shall be held liable in tort for the
 withdrawal of the blood unless the person is negligent in connection with the
 withdrawal of the blood or the blood is taken over the objections of the
 subject.
      (d)(1)     The person tested may have a physician or a qualified
 technician, registered nurse, or other qualified person of his or her own
 choice administer a complete chemical test in addition to any chemical test
 administered at the direction of a law enforcement officer.
               (2)   The law enforcement officer shall advise the person in
 writing of the right provided in subdivision (d)(1) of this section and that
 if the person chooses to have an additional chemical test and the person is
 found not guilty, the arresting law enforcement agency shall reimburse the
 person for the cost of the additional chemical test.
               (3)   The refusal or failure of a law enforcement officer to
 advise a person of the right provided in subdivision (d)(1) of this section
 and to permit and assist the person to obtain a chemical test under
 subdivision (d)(1) of this section precludes the admission of evidence
 relating to a chemical test taken at the direction of a law enforcement
 officer.
      (e)    Upon the request of the person who submits to a chemical test at
 the request of a law enforcement officer or because a warrant has been issued
 to take a sample of the person's blood, full information concerning the
 chemical test shall be made available to the person or to his or her
 attorney.
      (f)(1)     A person who is licensed, certified, or otherwise authorized by
 law to perform a venous blood draw and any institution or entity employing or
 using the services of the person is not liable for violating a criminal law
 of this state in connection with withdrawing blood at the request of a law
 enforcement officer under this chapter.
               (2)   A person who is licensed, certified, or otherwise authorized
 by law to perform a venous blood draw, and any institution or entity
 employing or using the services of the person is immune from civil and
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 regulatory liability in connection with withdrawing blood at the request of a
 law enforcement officer under this chapter, unless the person is negligent in
 connection with the withdrawal of the blood.
            (3)   The immunity granted under this subsection is not
 conditioned upon the existence of express consent, probable cause, a search
 warrant, or a court order.
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                               APPROVED: 4/28/21
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