Bill > SB2662

This bill, known as the "Oral-Fluid DUI Testing and Evidence-Based Enforcement Safeguards Act," establishes new regulations for using oral-fluid testing in DUI investigations in Tennessee. It defines key terms such as "accredited laboratory" (a lab meeting international standards), "approved device list" (a list of acceptable testing equipment maintained by the department of safety), "articulable facts" (specific, observable reasons for suspicion, not just general feelings), and "confirmatory test" (a lab test to verify screening results). The bill outlines strict conditions for administering oral-fluid screening tests, requiring officers to be trained, use approved devices, and have documented "articulable facts" indicating impairment, not just a general impression. It mandates detailed record-keeping for each test, including device information, calibration status, and quality control checks. Crucially, if the state wants to use an oral-fluid screening result as evidence in court or to suspend a driver's license, a confirmatory test from an accredited laboratory is required, either from a second oral-fluid sample or a blood sample. If confirmatory testing isn't done, the screening result can only be used as an initial investigative lead and cannot support an arrest, detention, or license suspension on its own. The bill also ensures defendants have the right to have preserved samples retested by an independent lab and requires the state to disclose various records related to the testing process. Failure to follow these procedures can make the screening results inadmissible as evidence or insufficient to support administrative actions, with specific penalties for non-compliance. The department of safety is authorized to create rules for implementation, with different effective dates for rulemaking and enforcement.

Justice

https://wapp.capitol.tn.gov/apps/Billinfo/Default?BillNumber=SB2662&ga=114