Bill Text: IA HF371 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to the mandatory submission of a chemical test by a driver of a motor vehicle involved in an accident involving death and making civil remedies applicable.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [HF371 Detail]
Download: Iowa-2013-HF371-Introduced.html
House
File
371
-
Introduced
HOUSE
FILE
371
BY
HALL
and
STANERSON
A
BILL
FOR
An
Act
relating
to
the
mandatory
submission
of
a
chemical
test
1
by
a
driver
of
a
motor
vehicle
involved
in
an
accident
2
involving
death
and
making
civil
remedies
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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371
Section
1.
NEW
SECTION
.
321J.6A
Mandatory
blood
test
——
1
accident
involving
death.
2
1.
Notwithstanding
any
other
provision
of
this
chapter
to
3
the
contrary,
a
person
who
operates
a
motor
vehicle
who
is
4
involved
in
a
motor
vehicle
accident
or
collision
resulting
5
in
death
shall
submit
to
a
chemical
test
of
the
person’s
6
blood
to
determine
the
alcohol
concentration
or
the
presence
7
of
a
controlled
substance
or
other
drugs.
The
investigating
8
peace
officer
shall
cause
a
test
to
be
administered
as
soon
9
as
practicable
following
the
accident
in
the
same
manner
as
10
prescribed
in
section
321J.11.
11
2.
The
result
of
the
test
is
admissible
at
trial
if
the
12
court,
after
reviewing
all
the
evidence,
whether
gathered
prior
13
to,
during,
or
after
the
test,
is
satisfied
that
probable
14
cause
exists,
independent
of
the
test
result,
to
believe
that
15
the
driver
of
the
motor
vehicle
was
under
the
influence
of
16
an
alcoholic
beverage
or
other
drug
or
a
combination
of
such
17
substances
at
the
time
of
the
accident.
18
3.
If
a
person
fails
to
submit
to
a
test
under
this
section
19
the
department
shall
revoke
the
person’s
driver’s
license
or
20
any
nonresident
operating
privilege
as
required
by
and
for
the
21
applicable
period
specified
under
section
321J.9.
22
EXPLANATION
23
This
bill
relates
to
the
mandatory
submission
to
a
chemical
24
test
by
a
driver
of
a
motor
vehicle
involved
in
an
accident
25
involving
death
and
making
civil
remedies
applicable.
26
The
bill
provides
that,
notwithstanding
any
other
provision
27
of
Code
chapter
321J
(Iowa’s
operating
a
motor
vehicle
while
28
intoxicated
law)
to
the
contrary,
a
person
who
operates
a
29
motor
vehicle
who
is
involved
in
a
motor
vehicle
accident
or
30
collision
resulting
in
death
shall
submit
to
a
chemical
test
31
of
the
person’s
blood
to
determine
the
alcohol
concentration
32
or
the
presence
of
a
controlled
substance
or
other
drugs
as
33
soon
as
practicable
following
the
accident
in
the
same
manner
34
as
prescribed
in
Code
section
321J.11.
The
result
of
the
test
35
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371
is
admissible
at
trial
if
the
court,
after
reviewing
all
the
1
evidence,
whether
gathered
prior
to,
during,
or
after
the
test,
2
is
satisfied
that
probable
cause
exists,
independent
of
the
3
test
result,
to
believe
that
the
driver
of
the
motor
vehicle
4
was
under
the
influence
of
an
alcoholic
beverage
or
other
5
drug
or
a
combination
of
such
substances
at
the
time
of
the
6
accident.
7
The
bill
provides
that
if
a
person
fails
to
submit
to
a
8
test
under
the
bill
the
department
shall
revoke
the
person’s
9
driver’s
license
or
any
nonresident
operating
privilege
as
10
required
by
and
for
the
applicable
period
specified
under
Code
11
section
321J.9.
A
person
who
fails
to
submit
to
chemical
12
testing
is
subject
to
license
revocation
for
up
to
two
years
13
and
shall
not
be
eligible
for
a
temporary
restricted
license
14
for
up
to
one
year
after
the
date
of
the
revocation
depending
15
on
whether
the
person
has
had
a
previous
revocation
under
Code
16
chapter
321J.
17
Under
current
law,
Iowa’s
implied
consent
law
provides
that
18
a
person
who
operates
a
motor
vehicle
in
this
state
under
19
circumstances
which
give
reasonable
grounds
to
believe
that
20
the
person
has
been
operating
a
motor
vehicle
in
violation
21
of
Iowa’s
operating-while-intoxicated
law
is
deemed
to
have
22
given
consent
to
the
withdrawal
of
specimens
of
the
person’s
23
blood,
breath,
or
urine
and
to
a
chemical
test
or
tests
of
24
the
specimens
for
the
purpose
of
determining
the
alcohol
25
concentration
or
presence
of
a
controlled
substance
or
other
26
drugs.
The
withdrawal
of
the
body
substances
and
the
test
or
27
tests
is
contingent
upon
a
written
request
of
a
peace
officer
28
who,
prior
to
the
request,
has
reasonable
grounds
to
believe
29
that
the
person
was
operating
a
motor
vehicle
in
violation
30
of
Code
chapter
321J,
under
any
of
a
number
of
conditions,
31
including
but
not
limited
to
whether
the
person
has
been
32
involved
in
a
motor
vehicle
accident
or
collision
resulting
in
33
personal
injury
or
death.
34
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