ENTITLED, An Act to
provide for the mandatory withdrawal of blood or other bodily substances
subsequent to arrest for driving while under influence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
32-23-10
be amended to read as follows:
32-23-10.
Any person who operates any vehicle in this state is considered to have given consent
to the withdrawal of blood or other bodily substance and chemical analysis of the person's blood,
breath, or other bodily substance to determine the amount of alcohol in the person's blood and to
determine the presence of marijuana or any controlled drug or substance or any substance ingested,
inhaled, or otherwise taken into the body as prohibited by
§
22-42-15 or any other substance that may
render a person incapable of safely driving. The arresting law enforcement officer may, subsequent
to the arrest of any operator for a violation of
§
32-23-1, require the operator to submit to the
withdrawal of blood or other bodily substances as evidence.
Section
2.
That
§
32-23-15
be amended to read as follows:
32-23-15.
Any person tested pursuant to §§ 32-23-10 and 32-23-14 shall be permitted to have
a physician, laboratory technician, registered nurse, physician's assistant, or medical technologist of
the person's own choosing administer the chemical analysis in addition to the one administered at
the direction of the law enforcement officer.
Section
3.
That
§
32-23-16
be amended to read as follows:
32-23-16.
Upon the request of any person who was tested pursuant to §§ 32-23-10 and 32-23-14,
or upon the request of the person's attorney, the results of such analysis shall be made available to
the person or to the person's attorney.
Section
4.
That
§
32-23-14
be amended to read as follows:
32-23-14.
Only a physician, laboratory technician, registered nurse, physician's assistant,
phlebotomist, expanded role licensed practical nurse, medical technician, or medical technologist
may withdraw blood for the purpose of determining the alcoholic content therein. This limitation
does not apply to the taking of a breath or other bodily substance specimen. Such authorized persons,
acting on the presumption of consent in
§
32-23-10, and any hospital or facility employing such
persons, are not liable and may not be held to pay damages to the party from whom the blood sample
is withdrawn, if the withdrawal is administered with usual and ordinary care. No person authorized
to withdraw blood under this section may be required or forced to withdraw blood for the purposes
outlined in this chapter, unless required pursuant to a written agreement.
An Act to provide for the mandatory withdrawal of blood or other bodily substances subsequent to
arrest for driving while under influence.
=========================
I certify that the attached
Act
originated in the
SENATE as
Bill
No.
1
____________________________
Secretary of the Senate
=========================
____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate
Bill
No.
1
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
=========================
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
=========================
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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