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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