Bill Summary – FastDemocracy

Senate File 556 - Introduced
                                  SENATE FILE 556
                                  BY COMMITTEE ON JUDICIARY
                                  (SUCCESSOR TO SF 505)
                            A BILL FOR
An Act relating to the admissibility of the results of an
  analysis of a person’s blood, breath, or urine in criminal
  and administrative proceedings.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. NEW SECTION. 321J.15A Evidence in any action ——
 medical treatment.
    1. Notwithstanding section 622.10 or any other provision
 of law to the contrary, the results of an analysis of a
 specimen of a person’s blood, breath, or urine collected for
 the purpose of rendering medical treatment by a licensed
 physician, licensed physician assistant as defined in section
 148C.1, medical technologist, or registered nurse from a person
 who operated a motor vehicle, motorboat, or sailboat and was
 involved in an accident or collision and who was transported
 to a medical facility within or outside this state for such
 medical treatment shall be admissible in a criminal proceeding
 for a violation of section 321J.2, 462A.14, 707.6A, or 707.8,
 subsection 4 or 9, to prove the alcohol concentration, or
 the presence of a controlled substance or other drugs, or a
 combination of such substances, in the person’s blood, breath,
 or urine at the time of the accident or collision. The results
 of the analysis of the specimen shall be admissible regardless
 of whether a peace officer requested the person to submit to
 a test as provided in section 321J.6 or the person refused a
 chemical test, provided that all of the following apply:
    a. Probable cause existed that the blood, breath, or urine
 collected and analyzed would produce evidence of intoxication.
    b. The method used to collect the specimen was reasonable.
    2. A licensed physician, licensed physician assistant as
 defined in section 148C.1, medical technologist, or registered
 nurse who performs a chemical test to analyze the alcohol
 concentration of, or the presence of a controlled substance or
 other drugs in, a person’s blood, breath, or urine to provide
 medical treatment for the person who operated a motor vehicle,
 motorboat, or sailboat and was involved in an accident or
 collision shall disclose the results of the analysis to all of
 the following:
    a. A prosecuting attorney who requests the results of the
 analysis of a specimen of the person’s blood, breath, or urine
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 for use in a criminal proceeding.
    b. A prosecuting attorney in another state who requests the
 results of the analysis of a specimen of the person’s blood,
 breath, or urine for use in a criminal proceeding for operating
 while intoxicated, or a law of the other state similar to this
 chapter or section 462A.14, or motor vehicle homicide under the
 laws of the other state. This paragraph shall only apply if
 the other state requires a similar disclosure by a person in
 the other state to a prosecuting attorney in Iowa who requests
 the results of an analysis of a specimen of a person’s blood,
 breath, or urine for use in a criminal proceeding.
    3. The results of an analysis of a specimen of a person’s
 blood, breath, or urine are admissible as evidence regardless
 of the time when the related medical records were prepared or
 the specimen was collected.
    4. a. Provisions of law pertaining to the confidentiality
 of medical records and medical treatment do not apply to the
 results of an analysis of a person’s blood, breath, or urine
 under the provisions of this section for criminal proceedings
 as specified in subsection 1.
    b. A person shall not be liable for civil damages for
 disclosing or using the results of an analysis of a specimen
 of a person’s blood, breath, or urine as evidence under this
 section or as a result of a person’s testimony made available
 under this section.
    5. a. An employee of a medical laboratory located within
 or outside this state is presumed to be qualified to analyze
 and identify a person’s blood, breath, or urine when done by
 the employee in the normal course of employment at the medical
 laboratory, provided that the laboratory is accredited at the
 time of the analysis with the agency of the state in which the
 laboratory is located.
    b. A report, including a copy of a report or other
 findings, of an employee of a medical laboratory shall be
 received as evidence, subject to a relevancy determination,
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 in any proceeding in the same manner and with the same force
 and effect as if the employee of the medical laboratory who
 completed the requested analysis, comparison, or identification
 of a person’s blood, breath, or urine was present to testify.
    (1) A person may request that an employee of a medical
 facility be present to testify as a witness for the state,
 including a state agency or department, at a criminal trial,
 administrative hearing, or related proceeding, by notifying
 the county attorney, or in the case of an administrative
 proceeding, the agency or department, at least ten days before
 the date of the criminal trial, administrative hearing, or
 related proceeding.
    (2) A person in any other civil proceeding may request an
 employee to testify in person by subpoena.
    Sec. 2. Section 462A.14, subsection 8, unnumbered paragraph
 1, Code 2021, is amended to read as follows:
    In any prosecution under this section, evidence of the
 results of analysis of a specimen of the defendant’s blood,
 breath, or urine is admissible upon proof of a proper
 foundation. The results of an analysis of the defendant’s
 blood, breath, or urine are admissible for prosecutions under
 this section if collected and analyzed pursuant to section
 321J.15A.
                           EXPLANATION
         The inclusion of this explanation does not constitute agreement with
          the explanation’s substance by the members of the general assembly.
    This bill authorizes the results of an analysis of a person’s
 blood, breath, or urine (specimen) to be used as evidence in a
 criminal proceeding for operating a motor vehicle, motorboat,
 or sailboat while intoxicated (OWI), homicide or serious injury
 by vehicle involving OWI, and unintentional termination of a
 human pregnancy as a result of injury by vehicle involving OWI.
 The specimen must be collected for the purpose of rendering
 medical treatment. The specimen must be collected by a
 licensed physician, licensed physician assistant, medical
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                                S.F. 556
 technologist, or registered nurse (medical professional).
    The test results are admissible in a criminal proceeding
 when a specimen is collected from a person who operated a
 motor vehicle, motorboat, or sailboat and was involved in an
 accident or collision and who is transported to a medical
 facility within or outside Iowa. Regardless of whether a peace
 officer requested the person to submit to a test as provided in
 Code section 321J.6 or the person refused a chemical test, the
 bill authorizes the admissibility of the evidence if probable
 cause existed that the specimen would produce evidence of
 intoxication and the method used to collect the specimen sample
 was reasonable.
    The bill requires a medical professional to disclose
 the results of an analysis of a specimen to a prosecuting
 attorney in Iowa who requests the results for use in a criminal
 proceeding and to a prosecuting attorney in another state under
 certain circumstances set forth in the bill.
    The bill authorizes the use of the results as evidence
 regardless of the time when the related medical records were
 prepared or the specimen was collected.
    The bill makes inapplicable any confidentiality provisions
 pertaining to medical records and medical treatment related to
 the analysis of chemical tests performed. The bill limits the
 liability of a person for civil damages who discloses or uses
 the results of analysis of a specimen as evidence.
    The bill specifies that for the purpose of providing
 foundation for evidence, an employee of a medical laboratory
 is presumed to be qualified to analyze and identify a specimen
 when done by the employee in the normal course of employment at
 the medical laboratory, if the laboratory is accredited at the
 time of the analysis.
    The bill authorizes a report or other findings of an employee
 of a medical laboratory to be received as evidence in any
 proceeding in place of in-person testimony. However, a person
 may request that an employee of a medical facility be present
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 to testify by notifying the county attorney, or in the case
 of an administrative proceeding, the agency or department, at
 least 10 days prior to the proceeding. A person in any other
 civil proceeding may request an employee to testify in person
 by subpoena.
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Statutes affected: 
Introduced: 622.10