Read the full stored bill text
House
File
162
-
Introduced
HOUSE
FILE
162
BY
BAGNIEWSKI
A
BILL
FOR
An
Act
requiring
employees
of
the
department
of
transportation
1
to
provide
a
specimen
for
alcohol
and
drug
analysis
2
following
a
motor
vehicle
accident
or
collision
resulting
in
3
injury
or
death,
and
making
penalties
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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162
Section
1.
NEW
SECTION
.
321.270
Required
alcohol
and
drug
1
analysis
for
department
employees.
2
1.
A
person
employed
by
the
department
who
was
involved
in
3
an
accident
or
collision
resulting
in
injury
or
death
while
4
operating
a
motor
vehicle
owned
by
the
department
or
other
5
state
entity
shall
provide
a
specimen
of
the
person’s
urine
for
6
analysis
of
the
specimen
to
determine
the
alcohol
concentration
7
or
presence
of
a
controlled
substance
or
other
drugs.
The
8
person
shall
provide
the
specimen
to
a
peace
officer
as
soon
9
as
practicable
within
two
hours
after
the
person
is
involved
10
in
the
accident
or
collision.
11
2.
A
specimen
provided
under
this
section
shall
be
analyzed
12
in
a
manner
in
accordance
with
chapter
321J
to
determine
the
13
alcohol
concentration
or
presence
of
a
controlled
substance
or
14
other
drugs.
15
3.
The
person
may
have
an
independent
analysis
performed
16
on
the
provided
specimen,
administered
at
the
person’s
own
17
expense.
The
failure
or
inability
of
the
person
to
obtain
18
an
independent
analysis
does
not
preclude
the
admission
of
19
evidence
of
the
results
of
the
analysis
administered
pursuant
20
to
this
section.
Upon
the
request
of
the
person
who
provided
a
21
specimen,
the
results
of
the
analysis
administered
pursuant
to
22
this
section
shall
be
made
available
to
the
person.
23
4.
This
section
does
not
apply
if
a
blood,
breath,
or
urine
24
specimen
is
taken
pursuant
to
chapter
321J.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
Under
current
law,
a
person
who
operates
a
motor
vehicle
29
under
circumstances
which
give
reasonable
grounds
to
believe
30
that
the
person
was
operating
the
motor
vehicle
while
under
the
31
influence
of
alcohol
or
a
drug
is
deemed
to
have
given
consent
32
to
the
withdrawal
of
a
specimen
of
the
person’s
blood,
breath,
33
or
urine
and
to
chemical
tests
of
the
specimen
for
the
purpose
34
of
determining
the
alcohol
concentration
or
presence
of
drugs.
35
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The
withdrawal
of
a
specimen
and
the
tests
must
be
administered
1
at
the
written
request
of
a
peace
officer
having
reasonable
2
grounds
to
believe
that
the
person
was
operating
a
motor
3
vehicle
in
violation
of
Code
section
321J.2
or
321J.2A,
and
if
4
certain
conditions
exist,
including
when
the
person
has
been
5
involved
in
a
motor
vehicle
accident
or
collision
resulting
in
6
personal
injury
or
death.
7
This
bill
requires
a
person
employed
by
the
department
of
8
transportation
(DOT)
to
provide
a
specimen
of
the
person’s
9
urine
if
the
person
was
involved
in
an
accident
or
collision
10
that
resulted
in
injury
or
death
while
operating
a
motor
11
vehicle
owned
by
the
DOT
or
other
state
entity.
The
person
12
must
provide
the
specimen
to
a
peace
officer
as
soon
as
13
practicable
after
the
accident
or
collision,
but
within
at
14
least
two
hours.
15
A
specimen
provided
must
be
analyzed
in
a
manner
in
16
accordance
with
Code
chapter
321J
(operating
while
intoxicated)
17
to
determine
the
alcohol
concentration
or
presence
of
a
18
controlled
substance
or
other
drugs.
The
person
may
pay
for
an
19
independent
analysis
of
the
provided
specimen,
but
the
failure
20
or
inability
of
the
person
to
obtain
an
independent
analysis
21
does
not
preclude
the
admission
of
evidence
of
the
results
22
of
the
analysis.
The
person
is
entitled
to
be
provided
the
23
results
of
the
analysis
upon
request.
24
The
bill
does
not
apply
if
a
blood,
breath,
or
urine
specimen
25
is
taken
pursuant
to
Code
chapter
321J.
26
By
operation
of
law,
a
violation
of
the
bill
is
a
simple
27
misdemeanor.
A
simple
misdemeanor
is
punishable
by
confinement
28
for
no
more
than
30
days
and
a
fine
of
at
least
$105
but
not
29
more
than
$855.
30
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