Chapter 211
2009 -- H 5039 SUBSTITUTE A
Enacted 11/09/09
A N A C T
RELATING TO
CRIMINAL PROCEDURE -- SEARCH WARRANTS -- MOTOR VEHICLE OFFENSES
Introduced By: Representatives Gablinske, and Brien
Date Introduced: January 08, 2009
It is enacted by the
General Assembly as follows:
SECTION 1. Section 12-5-2 of the General Laws in Chapter
12-5 entitled "Search
Warrants" is hereby
amended to read as follows:
12-5-2. Grounds
for issuance. -- A warrant may be issued under this chapter to search
for and seize any of the following:
(1) Property stolen or
embezzled, or obtained by any false pretense, or pretenses, with
intent to cheat or defraud within this state, or elsewhere;
(2) Property kept, suffered
to be kept, concealed, deposited, or possessed in violation of
law, or for the purpose of violating the law;
(3) Property designed
or intended for use, or which is or has been used, in violation of
law, or as a means of committing a violation of law;
(4) Property which is
evidence of the commission of a crime; or
(5) Samples of blood,
saliva, hair, bodily tissues, bodily fluids, or dental impressions
from the body of a person, that may yield evidence of the
identity of the perpetrator of a crime
when subjected to scientific or other forensic analysis.
The foregoing samples, and the results of
any scientific or other forensic analysis, shall be
admissible in all criminal proceedings, subject to
application of the rules of evidence and criminal procedure. When
any of the foregoing samples
are seized for scientific or forensic analysis, the
seizure shall be conducted in accordance with the
regulations, guidelines, or protocols of the department of health
or the state crime laboratory, as
may be appropriate under the circumstances.; or
(6) Samples of blood
or breath that may yield evidence of the presence of alcohol or a
controlled substance when subjected to a chemical test, as
contemplated in section 31-27-2. When
any of the foregoing samples are seized for purposes of
performing the aforementioned chemical
test, the seizure shall be conducted in accordance with
the regulations of the department of health
that apply to the consensual collection of such a sample
for purposes of the chemical test
contemplated by
SECTION 2. Chapter 31-27 of the General Laws entitled
"Motor Vehicle Offenses" is
hereby amended by adding thereto the following section:
31-27-2.9.
Administration of chemical test. – (a) Notwithstanding any provision of
section 31-27-2.1, if an individual refuses to consent to a
chemical test as provided in section 31-
27-2.1, and a peace officer, as defined in section
12-7-21, has probable cause to believe that the
individual has violated one or more of the following sections:
31-27-1, 31-27-1.1, 31-27-2.2, or
31-27-2.6 and that the individual was operating a
motor vehicle under the influence of any
intoxicating liquor, toluene or any controlled substance as
defined in chapter 21-28, or any
combination thereof, a chemical test may be administered without
the consent of that individual
provided that the peace officer first obtains a search warrant
authorizing administration of the
chemical test. The chemical test shall determine the amount of
the alcohol or the presence of a
controlled substance in that person's blood or breath.
(b) The chemical test
shall be administered in accordance with the methods approved by
the director of the department of health as provided for
in subdivision 31-27-2(c)(4). The
individual shall be afforded the opportunity to have an
additional chemical test as established in
subdivision 31-27-2(c)(6).
(c) Notwithstanding
any other law to the contrary, including, but not limited to, chapter
5-37.3, any health care provider who, as authorized by
the search warrant in subsection (a):
(i)
Takes a blood or breath sample from an individual; or
(ii) Performs the
chemical test; or
(iii) Provides
information to a peace officer pursuant to subsection (a) above and who
uses reasonable care and accepted medical practices shall
not be liable in any civil or criminal
proceeding arising from the taking of the sample, from the
performance of the chemical test or
from the disclosure or release of the test results.
(d) The results of a
chemical test performed pursuant to this section shall be admissible as
competent evidence in any civil or criminal prosecution
provided that evidence is presented in
compliance with the conditions set forth in subdivisions
31-27-2(c)(3), 31-27-2(c)(4) and 31-27-
2(c)(6).
(e) All chemical
tests administered pursuant to this section shall be audio and video
recorded by the law enforcement agency which applied for and
was granted the search warrant
authorizing the administration of the chemical test
SECTION 3. This act shall take effect upon passage.
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LC00030/SUB A/4
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