SB 168-2_ Filed 04/26/2013, 19:56
Adopted 4/27/2013

CONFERENCE COMMITTEE REPORT

DIGEST FOR ESB 168



Citations Affected: IC 9-30-6-6.

Synopsis: Chemical tests for intoxication. Conference committee report for Engrossed Senate Bill 168. Provides that a bodily substance sample may be obtained by any person qualified through training, experience, or education to obtain a bodily substance sample. Provides that a law enforcement officer may not obtain a blood sample if the blood sample is to be obtained from another law enforcement officer as a result of the other law enforcement officer's involvement in an accident or alleged crime. Permits a law enforcement officer who is otherwise qualified to obtain a bodily substance sample under this section to obtain a bodily substance sample from a person who is not a law enforcement officer only if: (1) before January 1, 2013, the officer obtained a bodily substance sample from an individual as part of the officer's official duties as a law enforcement officer; and (2) the person consents to the officer obtaining a bodily substance sample, or taking the bodily substance sample from the individual is authorized by a search warrant. (This conference committee report: (1) Provides that a law enforcement officer may not obtain a blood sample if the blood sample is to be obtained from another law enforcement officer as a result of the other law enforcement officer's involvement in an accident or alleged crime; and (2) permits a law enforcement officer who is otherwise qualified to obtain a bodily substance sample under this section to obtain a bodily substance sample from a person who is not a law enforcement officer only if: (1) before January 1, 2013, the officer obtained a bodily substance sample from an individual as part of the officer's official duties as a law enforcement officer; and (2) the person consents to the officer obtaining a bodily substance sample, or taking the bodily substance sample from the person is authorized by a search warrant.)

Effective: July 1, 2013.



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Adopted Rejected


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CONFERENCE COMMITTEE REPORT

MR. SPEAKER:
    Your Conference Committee appointed to confer with a like committee from the Senate upon Engrossed House Amendments to Engrossed Senate Bill No. 168 respectfully reports that said two committees have conferred and agreed as follows to wit:

    that the Senate recede from its dissent from all House amendments and that the Senate now concur in all House amendments to the bill and that the bill be further amended as follows:

    Delete everything after the enacting clause and insert the following:

SOURCE: IC 9-30-6-6; (13)CC016802.1. -->     SECTION 1. IC 9-30-6-6, AS AMENDED BY P.L.77-2012, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) A physician or a person trained in obtaining bodily substance samples and acting under the direction of or under a protocol prepared by a physician, who:
        (1) obtains a blood, urine, or other bodily substance sample from a person, regardless of whether the sample is taken for diagnostic purposes or at the request of a law enforcement officer under this section; or
        (2) performs a chemical test on blood, urine, or other bodily substance obtained from a person;
shall deliver the sample or disclose the results of the test to a law enforcement officer who requests the sample or results as a part of a criminal investigation. Samples and test results shall be provided to a law enforcement officer even if the person has not consented to or otherwise authorized their release.
    (b) A physician, a hospital, or an agent of a physician or hospital is not civilly or criminally liable for any of the following:
        (1) Disclosing test results in accordance with this section.
        (2) Delivering a blood, urine, or other bodily substance sample in accordance with this section.
        (3) Obtaining a blood, urine, or other bodily substance sample in

accordance with this section.
        (4) Disclosing to the prosecuting attorney or the deputy prosecuting attorney for use at or testifying at the criminal trial of the person as to facts observed or opinions formed.
        (5) Failing to treat a person from whom a blood, urine, or other bodily substance sample is obtained at the request of a law enforcement officer if the person declines treatment.
        (6) Injury to a person arising from the performance of duties in good faith under this section.
    (c) For the purposes of this chapter, IC 9-30-5, or IC 9-30-9:
        (1) the privileges arising from a patient-physician relationship do not apply to the samples, test results, or testimony described in this section; and
        (2) samples, test results, and testimony may be admitted in a proceeding in accordance with the applicable rules of evidence.
    (d) The exceptions to the patient-physician relationship specified in subsection (c) do not affect those relationships in a proceeding not covered by this chapter, IC 9-30-5, or IC 9-30-9.
    (e) The test results and samples obtained by a law enforcement officer under subsection (a) may be disclosed only to a prosecuting attorney or a deputy prosecuting attorney for use as evidence in a criminal proceeding under this chapter, IC 9-30-5, or IC 9-30-9.
    (f) This section does not require a physician or a person under the direction of a physician to perform a chemical test.
    (g) A physician or a person trained in obtaining bodily substance samples and acting under the direction of or under a protocol prepared by a physician shall obtain a blood, urine, or other bodily substance sample if the following exist:
        (1) A law enforcement officer requests that the sample be obtained.
        (2) The law enforcement officer has certified in writing the following:
            (A) That the officer has probable cause to believe the person from whom the sample is to be obtained has violated IC 9-30-5.
            (B) That the person from whom the sample is to be obtained has been involved in a motor vehicle accident that resulted in the serious bodily injury or death of another.
            (C) That the accident that caused the serious bodily injury or death of another occurred not more than three (3) hours before the time the sample is requested.
        (3) Not more than the use of reasonable force is necessary to obtain the sample.
    (h) If the person:
        (1) from whom the bodily substance sample is to be obtained under this section does not consent; and
        (2) resists the taking of a sample;
the law enforcement officer may use reasonable force to assist an individual, who must be authorized under this section to obtain a sample, in the taking of the sample.
    (i) The person authorized under this section to obtain a bodily

substance sample shall take the sample in a medically accepted manner.
    (j) This subsection does not apply to a bodily substance sample taken at a licensed hospital (as defined in IC 16-18-2-179(a) and IC 16-18-2-179(b)). A law enforcement officer may transport the person to a place where the sample may be obtained by any of the following persons who are trained in obtaining bodily substance samples and who have been engaged to obtain samples under this section:
        (1) A physician holding an unlimited license to practice medicine or osteopathy.
        (2) A registered nurse.
        (3) A licensed practical nurse.
        (4) An advanced emergency medical technician (as defined in IC 16-18-2-6.5).
        (5) A paramedic (as defined in IC 16-18-2-266).
         (6) Except as provided in subsections (k) through (l), any other person qualified through training, experience, or education to obtain a bodily substance sample.
    (k) A law enforcement officer may not obtain a bodily substance sample under this section if the sample is to be obtained from another law enforcement officer as a result of the other law enforcement officer's involvement in an accident or alleged crime.
    (l) A law enforcement officer who is otherwise qualified to obtain a bodily substance sample under this section may obtain a bodily substance sample from a person involved in an accident or alleged crime who is not a law enforcement officer only if:
        (1) before January 1, 2013, the officer obtained a bodily substance sample from an individual as part of the officer's official duties as a law enforcement officer; and
        (2) the:
            (A) person consents to the officer obtaining a bodily substance sample; or
            (B) obtaining of the bodily substance sample is authorized by a search warrant.

    (Reference is to ESB 168 as reprinted March 19, 2013.)




Conference Committee Report

on

Engrossed Senate Bill 168


S
igned by:

    ____________________________    ____________________________
    Senator HeadRepresentative McMillin
    Chairperson

    ____________________________    ____________________________
    Senator TallianRepresentative Pierce

    Senate Conferees    House Conferees


CC016802/DI 106
2013