2002 Legislation
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HOUSE BILL NO. 402 – Accident, fatal, blood test

HOUSE BILL NO. 402

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Daily Data Tracking History



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

Bill Text


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN 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 all morticians coroners 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 all morticians coroners 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 / Fiscal Impact


                       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