CHEM. ANALYSIS OF DRIVER'S SAMPLES                                                            S.B. 80:

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

 

 

 

 

 

 

 

 

 

Senate Bill 80 (as reported without amendment)

Sponsor:  Senator Wayne Schmidt

Committee:  Judiciary

 

CONTENT

 

The bill would amend the Michigan Vehicle Code to do the following:

 

 --    Specify that, if a driver's urine were obtained for medical treatment after a motor vehicle accident, the results of a chemical analysis of the sample would be admissible in any civil or criminal proceeding to show the amount of alcohol or presence of a controlled substance or other intoxicating substance in the urine.

 --    Provide that a person would be considered to have given consent to chemical tests of his or her blood, breath, or urine if a peace office had reasonable cause to believe that the person was the operator of a vehicle that caused a fatal accident.

 --    Provide that the results of a chemical test in a fatal accident would be admissible in a criminal prosecution if the court determined that reasonable cause existed, independent of the test results, to believe that the person was impaired or under the influence of alcohol, a controlled substance, and/or other intoxicating substance.

 --    Require a sample of blood taken from a deceased driver of a vehicle involved in an accident to be withdrawn in a manner directed by a law enforcement officer, rather than as directed by the medical examiner.

 

MCL 257.625a & 257.625c                                         Legislative Analyst:  Patrick Affholter

 

FISCAL IMPACT

 

The bill would have no fiscal impact on State or local government.

 

Date Completed:  2-15-17                                                     Fiscal Analyst:  Bruce Baker

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.