HB1146 (2010) Detail

Eliminating requirements for additional breath tests for blood alcohol content.


HB 1146 – AS INTRODUCED

2010 SESSION

10-2167

03/04

HOUSE BILL 1146

AN ACT eliminating requirements for additional breath tests for blood alcohol content.

SPONSORS: Rep. Burridge, Ches 3; Rep. Shurtleff, Merr 10

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill eliminates requirements for additional breath tests for blood alcohol content.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2167

03/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT eliminating requirements for additional breath tests for blood alcohol content.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Additional Tests. Amend RSA 265-A:7 to read as follows:

265-A:7 Additional Tests. Any person to whom RSA 265-A:4 is applicable shall have the right at his or her own expense to have [similar] additional blood or urine tests made by a person of his or her own choosing who is competent to conduct the tests, as determined by the commissioner of the department of safety under RSA 265-A:5, and shall be so informed by the law enforcement officer at the same time as the person is requested to permit a test under the provisions of RSA 265-A:4. The failure or inability of an arrested person to obtain an additional test shall not preclude the admission of any test taken at the direction of a law enforcement officer, authorized agent, or peace officer. Nothing herein shall require the release from custody of the arrested person for the purpose of having such additional test made. For the purpose of this section:

I. The sample of blood taken pursuant to RSA 265-A:4 shall be of sufficient quantity to allow 2 tests; and the testing laboratory shall retain for a period of 30 days subsequent to the test conducted pursuant to RSA 265-A:4 a quantity of said sample sufficient for another test, which quantity shall be made available to the respondent or his or her counsel upon request.

II. The [sample or] samples of breath taken pursuant to RSA 265-A:4 shall be [captured in an appropriate medium approved] analyzed in accordance with rules adopted by the commissioner of the department of safety [pursuant to RSA 265-A:5, V, and shall be sufficient to allow an equivalent additional test for each breath sample taken pursuant to 265-A:4. The captured sample or samples shall be given to the respondent in a manner determined by the commissioner of the department of safety] and the person tested shall be given a reasonable opportunity to arrange for an alternative chemical test. A second sample of the person’s breath shall not be required to be collected or preserved.

2 Prerequisites to Tests. Amend RSA 265-A:8, I(a) to read as follows:

(a) Inform the arrested person of his or her right to have [a similar] an additional test or tests of his or her blood or urine made by a person of his or her own choosing;

3 Effective Date. This act shall take effect 60 days after its passage.

Links

HB1146 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB1146 Revision: 14937 Date: Dec. 10, 2009, midnight

Docket