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Bill > HF162

IA HF162

IA HF162
A bill for an act requiring employees of the department of transportation to provide a specimen for alcohol and drug analysis following a motor vehicle accident or collision resulting in injury or death, and making penalties applicable.(See HF 788.)

summary

Introduced
01/30/2025
In Committee
01/30/2025
Crossed Over
Passed
Dead

Introduced Session

91st General Assembly

Bill Summary

Under current law, a person who operates a motor vehicle under circumstances which give reasonable grounds to believe that the person was operating the motor vehicle while under the influence of alcohol or a drug is deemed to have given consent to the withdrawal of a specimen of the person’s blood, breath, or urine and to chemical tests of the specimen for the purpose of determining the alcohol concentration or presence of drugs. The withdrawal of a specimen and the tests must be administered at the written request of a peace officer having reasonable grounds to believe that the person was operating a motor vehicle in violation of Code section 321J.2 or 321J.2A, and if certain conditions exist, including when the person has been involved in a motor vehicle accident or collision resulting in personal injury or death. This bill requires a person employed by the department of transportation (DOT) to provide a specimen of the person’s urine if the person was involved in an accident or collision that resulted in injury or death while operating a motor vehicle owned by the DOT or other state entity. The person must provide the specimen to a peace officer as soon as practicable after the accident or collision, but within at least two hours. A specimen provided must be analyzed in a manner in accordance with Code chapter 321J (operating while intoxicated) to determine the alcohol concentration or presence of a controlled substance or other drugs. The person may pay for an independent analysis of the provided specimen, but the failure or inability of the person to obtain an independent analysis does not preclude the admission of evidence of the results of the analysis. The person is entitled to be provided the results of the analysis upon request. The bill does not apply if a blood, breath, or urine specimen is taken pursuant to Code chapter 321J. By operation of law, a violation of the bill is a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855.

AI Summary

This bill requires employees of the Iowa Department of Transportation (DOT) to provide a urine specimen for alcohol and drug testing if they are involved in a motor vehicle accident or collision that results in injury or death while operating a state-owned vehicle. The employee must provide the specimen to a peace officer within two hours of the incident, and the sample will be analyzed according to existing operating while intoxicated (OWI) regulations to determine alcohol concentration or the presence of controlled substances. The employee has the option to pay for an independent analysis of the specimen, though the inability to do so will not prevent the original test results from being used. The results of the analysis must be made available to the employee upon request. If a specimen is already being collected under existing OWI laws (Chapter 321J), this new requirement does not apply. Violation of this requirement would be considered a simple misdemeanor, which carries potential penalties of up to 30 days in confinement and a fine between $105 and $855. The bill aims to ensure accountability and safety for DOT employees operating state vehicles by mandating immediate testing after accidents involving injury or death.

Committee Categories

Transportation and Infrastructure

Sponsors (1)

Last Action

Committee report approving bill, renumbered as HF 788. (on 03/05/2025)
(1 Companion Bills)

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