Senate Bill sb0140

    Florida Senate - 2007                                   SB 140

    By Senator Wise





    5-131-07

  1                      A bill to be entitled

  2         An act relating to blood tests for alcohol or

  3         drug impairment; amending s. 316.1933, F.S.;

  4         requiring a law enforcement officer who has

  5         reasonable suspicion to believe that a motor

  6         vehicle driven by or in the actual physical

  7         control of a person has caused the death of a

  8         human being to require that person to submit to

  9         a blood test; authorizing the law enforcement

10         officer to use reasonable force if necessary;

11         requiring that the blood test be performed in a

12         reasonable manner; providing that the test need

13         not be incidental to a lawful arrest of the

14         person; providing an effective date.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Paragraph (c) is added to subsection (1) of

19  section 316.1933, Florida Statutes, to read:

20         316.1933  Blood test for impairment or intoxication in

21  cases of death or serious bodily injury; right to use

22  reasonable force.--

23         (1)

24         (c)  Notwithstanding paragraph (a), if a law

25  enforcement officer has reasonable suspicion to believe that a

26  motor vehicle driven by or in the actual physical control of a

27  person has caused the death of a human being, a law

28  enforcement officer shall require the person driving or in

29  actual physical control of the motor vehicle to submit to a

30  test of the person's blood for the purpose of determining the

31  alcoholic content thereof or the presence of chemical

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                   SB 140
    5-131-07




 1  substances as set forth in s. 877.111 or any substance

 2  controlled under chapter 893. The law enforcement officer may

 3  use reasonable force if necessary to require such person to

 4  submit to the administration of the blood test. The blood test

 5  shall be performed in a reasonable manner. Notwithstanding s.

 6  316.1932, the testing required by this paragraph need not be

 7  incidental to a lawful arrest of the person.

 8         Section 2.  This act shall take effect July 1, 2007.

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11                          SENATE SUMMARY

12    Provides that if a law enforcement officer has reasonable
      suspicion to believe that a motor vehicle driven by or in
13    the actual physical control of a person has caused the
      death of a human being, the law enforcement officer shall
14    require the person driving or in actual physical control
      of the motor vehicle to submit to a blood test.
15    Authorizes the law enforcement officer to use reasonable
      force if necessary. Requires that the blood test be
16    performed in a reasonable manner. Provides that the test
      need not be incidental to a lawful arrest of the person.
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CODING: Words stricken are deletions; words underlined are additions.