Revision: March 8, 2016, midnight
\t \t\tSB 379 - AS INTRODUCED
2016 SESSION
\t16-2754
\t03/09
SENATE BILL\t379
AN ACT\trelative to additional tests to determine alcohol concentration.
SPONSORS:\tSen. Stiles, Dist 24; Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Sen. Boutin, Dist 16; Rep. Fields, Belk. 4; Rep. Eaton, Ches. 3; Rep. Welch, Rock. 13; Rep. Cushing, Rock. 21; Rep. Parker, Carr. 6
COMMITTEE:\tJudiciary
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ANALYSIS
\tThis modifies provisions allowing a driver who permits a test to determine his or her blood alcohol concentration to obtain an additional test or tests.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2754
\t03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to additional tests to determine alcohol concentration.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Additional Tests to Determine Alcohol Concentration. Amend RSA 265-A:7 to read as follows:
\t265-A:7 Additional Tests.
\t\tI. Any person to whom RSA 265-A:4 is applicable shall have the right at his or her own expense to have [similar] additional 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:]
\t\t[I.] II. [The] A 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.
\t\t[II.] III. [The] A sample [or samples] of breath taken pursuant to [RSA 265-A:4] paragraph I 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]. A subject who submits to an infrared molecular absorption test at the request of a law enforcement officer shall have the right at his or her own expense to have a blood test 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 in this paragraph shall require the release from custody of the arrested person for the purpose of having such additional test taken.
\t2 Prerequisites to Tests. Amend RSA 265-A:8, I(a) to read as follows:
\t\t\t(a) Inform the arrested person of his or her right to have [a similar] an additional test or tests of his or her blood made by a person of his or her own choosing;
\t3 Effective Date. This act shall take effect January 1, 2017.