§ 42-8-45 and that the violation occurred prior to or immediately following the accident.
Section 3. That § 42-8-45.3 be amended to read as follows:
42-8-45.3. The fact that any person charged with a violation of § 42-8-45 is or has been
prescribed a drug under the laws of this state is not a defense against any charge of violating § 42-8-45.
Section 4. That § 42-8-45.4 be amended to read as follows:
42-8-45.4. In any criminal prosecution for a violation of § 42-8-45, the amount of alcohol in the
defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood, breath,
or other bodily substance gives rise to the following presumptions:
evidence bearing upon the question whether or not the defendant was under the influence of an
alcoholic beverage.
Section 6. That § 42-8-45.6 be amended to read as follows:
42-8-45.6. Any person who operates a boat while underway on the public waters of the state 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 operating a boat.
The arresting law enforcement officer may, subsequent to the arrest of any operator for a violation
of § 42-8-45, require the operator to submit to the withdrawal of blood or other bodily substances
as evidence.
Section 7. That § 42-8-45.9 be amended to read as follows:
42-8-45.9. Any person tested pursuant to this chapter may 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 8. That § 42-8-45.10 be amended to read as follows:
42-8-45.10. Upon the request of any person who was tested pursuant to this chapter 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 9. That § 42-8-45.7 be amended to read as follows:
42-8-45.7. 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 of the blood. 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 § 42-8-45.6, 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 provided in this chapter, unless required pursuant to a written agreement.
|
I certify that the attached Act originated in the
SENATE as Bill No. 10
____________________________
Secretary of the Senate ____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
____________________________
Attest:
____________________________
Chief Clerk
Senate Bill No. 10 File No. ____ Chapter No. ______ |
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___
____________________________ Secretary of State
By _________________________ |