View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0402........................................................by MR. SPEAKER
Requested by: Idaho State Police
ACCIDENTS - FATAL - Amends existing law to provide that coroners shall
obtain blood samples from certain persons who have died as a result of
motor vehicle or vessel accidents; and to provide that the results of blood
testing shall be delivered to the director of the Idaho State Police or his
designee.
01/07 House intro - 1st rdg - to printing
Rpt prt - to Jud
01/16 Rpt out - rec d/p - to 2nd rdg
01/17 2nd rdg - to 3rd rdg
01/23 3rd rdg - PASSED - 67-0-3
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge,
Field(13), Field(20), Gagner, Gould, Hadley, Harwood, Henbest,
Higgins, Hornbeck, Jaquet, Jones, Kendell, Kunz, Lake, Langford,
Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts,
Robison, Sali, Schaefer, Shepherd, Smith(33), Smith(23), Smylie,
Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Hammond, Kellogg, Sellman
Floor Sponsor - Hornbeck
Title apvd - to Senate
01/24 Senate intro - 1st rdg - to Jud
02/11 Rpt out - rec d/p - to 2nd rdg
02/12 2nd rdg - to 3rd rdg
02/13 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little,
Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims,
Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- Cameron
Floor Sponsor - Stegner
Title apvd - to House
02/14 To enrol
02/15 Rpt enrol - Sp signed
02/18 Pres signed
02/19 To Governor
02/20 Governor signed
Session Law Chapter 44
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 402 BY MR. SPEAKER Requested by: Idaho State Police 1 AN ACT 2 RELATING TO THE TESTING OF BLOOD OF PERSONS KILLED IN ACCIDENTS; AMENDING SEC- 3 TION 49-1314, IDAHO CODE, TO PROVIDE THAT CORONERS SHALL OBTAIN BLOOD SAM- 4 PLES FROM CERTAIN PERSONS WHO HAVE DIED AS A RESULT OF MOTOR VEHICLE ACCI- 5 DENTS AND TO PROVIDE THAT THE RESULT OF THE BLOOD TESTING SHALL BE DELIV- 6 ERED TO THE DIRECTOR OF THE IDAHO STATE POLICE OR HIS DESIGNEE; AND AMEND- 7 ING SECTION 67-7036, IDAHO CODE, TO PROVIDE THAT CORONERS SHALL OBTAIN 8 BLOOD SAMPLES FROM CERTAIN PERSONS WHO HAVE DIED AS A RESULT OF ACCIDENTS 9 INVOLVING VESSELS AND TO PROVIDE THAT THE RESULTS OF BLOOD TESTING SHALL 10 BE DELIVERED TO THE DIRECTOR OF THE IDAHO STATE POLICE OR HIS DESIGNEE. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 49-1314, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 49-1314. TESTING BLOOD OF PERSONS KILLED IN ACCIDENTS. (1) The director 15 of the Idaho state police, jointly with the various county coroners, shall 16 provide a system and procedure whereby allmorticianscoroners in Idaho shall 17 obtain blood samples from all pedestrians and motor vehicle operators who have 18 died as a result of and contemporaneously with an accident involving a motor 19 vehicle. 20 (2) All investigating peace officers shall report traffic fatalities to 21 the county coroner or follow the procedure established by the joint action of 22 the director of the Idaho state police and the various coroners. 23 (3) The blood sample, or result of blood testing, with any information as 24 may be required, shall be delivered to the director of the Idaho state police 25 or his designee. Upon receipt of the sample the director will cause all tests 26 as may be required to determine the amount of alcohol, narcotics and dangerous 27 drugs that may be contained in the sample. 28 (4) The results of such tests shall be used for statistical purposes and 29 shall be subject to disclosure according to chapter 3, title 9, Idaho Code. 30 SECTION 2. That Section 67-7036, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 67-7036. TESTING BLOOD OF PERSONS KILLED IN VESSEL ACCIDENTS. The direc- 33 tor of the Idaho state police, jointly with the various county coroners, shall 34 provide a system and procedure whereby allmorticianscoroners in the state of 35 Idaho shall obtain blood samples from all vessel operators who have died as a 36 result of and contemporaneously with an accident involving a vessel. 37 All investigating sheriffs, deputy sheriffs, or police officers shall 38 report such fatalities to the county coroner or follow the procedure estab- 39 lished by the joint action of the director of the Idaho state police and the 40 various coroners. 41 The blood sample, or result of blood testing, with such information as may 2 1 be required, will be delivered to the director of the Idaho state police or 2 his designee. Upon receipt of such sample the director will cause such tests 3 as may be required to determine the amount of alcohol, narcotics and danger- 4 ous drugs contained in such sample. 5 The results of such tests shall be used exclusively for statistical pur- 6 poses and the sample shall never be identified with the name of the deceased. 7 Any person releasing or making public such information other than as herein 8 prescribed, shall be guilty of a misdemeanor.
STATEMENT OF PURPOSE
RS 11440
Idaho Codes 49-1314 and 67-7036 require a procedure whereby blood
samples will be taken from pedestrians, motor vehicle operators and
vessel operators who have died in an accident involving motor vehicles
or vessels. Currently the statutes required morticians to obtain the
blood samples. Due to legal issues and other concerns, real practice
is that coroners are more commonly the collectors of the required
blood sample. This proposal places the responsibility for the blood
draws on the coroners rather than the morticians. It updates Idaho
Code to reflect current practice.
Additionally, Code requires that the blood sample, with any
information as may be required, shall be delivered to the director of
the Idaho state police or his designee, to ensure that testing for
alcohol, narcotics and dangerous drugs is performed. There are
occasions when the testing can more readily be performed elsewhere
than the ISP laboratory. This proposal allows for the blood sample
or result of blood testing to be forwarded to the Director of the ISP.
FISCAL NOTE
No fiscal impact to the general fund or to any other state fund
or expenditures is anticipated, as this proposal only changes
statute to reflect current practice.
Contact: Ann Thompson
Agency: Idaho State Police
Phone: 884-7000
STATEMENT OF PURPOSE/FISCAL NOTE H0402