SB50 (2019) Detail

Relative to testing to determine alcohol concentration.


CHAPTER 119

SB 50 - FINAL VERSION

 

 

2019 SESSION

19-0949

11/03

 

SENATE BILL 50

 

AN ACT relative to testing to determine alcohol concentration.

 

SPONSORS: Sen. Chandley, Dist 11; Sen. Carson, Dist 14; Rep. Fields, Belk. 4; Rep. Murphy, Hills. 21; Rep. Pantelakos, Rock. 25; Rep. Welch, Rock. 13

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill clarifies when phlebotomy tests are given to determine alcohol concentration.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0949

11/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to testing to determine alcohol concentration.

 

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

 

119:1  Driving or Operating Under the Influence of Drugs or Liquor; Additional Tests.  Amend RSA 265-A:7, III to read as follows:

III.  A sample of breath taken pursuant to paragraph I shall be analyzed in accordance with rules adopted by the commissioner of the department of safety pursuant to RSA 265-A:5, V.  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 sample drawn and 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.  The person 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.  After the person submits to the infrared molecular absorption test and the test is completed, [At that same time] the person shall also be provided contact information for individuals and the nearest facilities that make themselves available to draw and test blood.  The individuals listed, by virtue of their residence or work location, should have a reasonable probability of performing the blood draw within 2 hours of the initial breath sample having been taken by the police.  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, however, an arrested person who remains in custody shall be permitted to have his or her blood drawn by a person who has been determined to be competent by the commissioner of the department of safety under RSA 265-A:5.

119:2  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: June 21, 2019

Effective Date: August 20, 2019

Links

SB50 at GenCourtMobile
SB50 Discussion

Action Dates

Date Body Type
Jan. 22, 2019 Senate Hearing
Feb. 7, 2019 Senate Floor Vote
Feb. 14, 2019 Senate Floor Vote
Feb. 14, 2019 Senate Floor Vote
April 2, 2019 House Hearing
April 18, 2019 House Exec Session
House Floor Vote
May 2, 2019 House Floor Vote

Bill Text Revisions

SB50 Revision: 6411 Date: Dec. 3, 2019, 10:07 a.m.
SB50 Revision: 5858 Date: May 6, 2019, 8:51 a.m.
SB50 Revision: 4993 Date: Jan. 17, 2019, 3:03 p.m.

Docket


June 21, 2019: Signed by the Governor on 06/21/2019; Chapter 0119; Effective 08/20/2019


May 15, 2019: Enrolled (In recess 05/15/2019); SJ 17


May 8, 2019: Enrolled 05/08/2019 HJ 15 P. 101


May 2, 2019: Ought to Pass: MA VV 05/02/2019 HJ 14 P. 3


: Committee Report: Ought to Pass (Vote 19-0; CC)


May 2, 2019: Committee Report: Ought to Pass for 05/02/2019 (Vote 19-0; CC) HC 22 P. 3


April 18, 2019: Executive Session: 04/18/2019 01:00 pm LOB 204


April 2, 2019: Public Hearing: 04/02/2019 01:15 pm LOB 204


March 20, 2019: Introduced 03/20/2019 and referred to Criminal Justice and Public Safety HJ 11 P. 69


Feb. 14, 2019: Ought to Pass: MA, VV; OT3rdg; 02/14/2019; SJ 5


Feb. 14, 2019: Special Order to the Present Time, Without Objection, MA; 02/14/2019; SJ 5


Feb. 14, 2019: Committee Report: Ought to Pass, 02/14/2019; SC 10


Feb. 7, 2019: Committee Report: Ought to Pass, 02/07/2019; SC 9


Jan. 22, 2019: Hearing: 01/22/2019, Room 100, SH, 09:15 am; SC 7


Jan. 3, 2019: Introduced 01/03/2019 and Referred to Judiciary; SJ 4