HF 1730

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; eliminating DWI offender's right 
  1.3             to independent alcohol concentration test while in 
  1.4             custody; amending Minnesota Statutes 1998, section 
  1.5             169.123, subdivision 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 169.123, 
  1.8   subdivision 3, is amended to read: 
  1.9      Subd. 3.  [MANNER OF MAKING TEST; ADDITIONAL TESTS.] (a) 
  1.10  Only a physician, medical technician, physician's trained mobile 
  1.11  intensive care paramedic, registered nurse, medical technologist 
  1.12  or laboratory assistant acting at the request of a peace officer 
  1.13  may withdraw blood for the purpose of determining the presence 
  1.14  of alcohol, controlled substances, or hazardous substances.  
  1.15  This limitation does not apply to the taking of a breath or 
  1.16  urine sample.  The person tested has the right to have someone 
  1.17  of the person's own choosing administer a chemical test or tests 
  1.18  in addition to any administered at the direction of a peace 
  1.19  officer; provided, that the additional test sample on behalf of 
  1.20  the person is obtained at the place where the person is in 
  1.21  custody, after the test administered at the direction of a peace 
  1.22  officer, and at no expense to the state. 
  1.23     (b) The failure or inability to obtain an additional test 
  1.24  or tests by a person shall not preclude the admission in 
  1.25  evidence of the test taken at the direction of a peace officer 
  2.1   unless the additional test was prevented or denied by the peace 
  2.2   officer. 
  2.3      (c) (b) The physician, medical technician, physician's 
  2.4   trained mobile intensive care paramedic, medical technologist, 
  2.5   laboratory assistant or registered nurse drawing blood at the 
  2.6   request of a peace officer for the purpose of determining the 
  2.7   concentration of alcohol, controlled substances, or hazardous 
  2.8   substances shall in no manner be liable in any civil or criminal 
  2.9   action except for negligence in drawing the blood.  The person 
  2.10  administering a breath test shall be fully trained in the 
  2.11  administration of breath tests pursuant to training given by the 
  2.12  commissioner of public safety.