Today's Law As Amended

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SB-283 Fatal vehicular accidents: chemical test results.(2019-2020)



SECTION 1.

 Section 27491.25 of the Government Code is amended to read:

27491.25.
 (a)  The coroner, or the coroner’s  coroner or medical examiner, or their  appointed deputy, on being notified of a death occurring while the deceased was driving or riding in a motor vehicle, or as a result of the deceased being struck by a motor vehicle, shall take blood and urine samples  other biological samples, when appropriate,  from the body of the deceased before it has been prepared for burial and make appropriate related chemical tests to determine the alcoholic contents, if any, of the body. The coroner may perform other chemical tests  or medical examiner shall perform other drug screening and confirmatory tests,  including, but not limited to, barbituric acid and amphetamine derivative as deemed appropriate. cannabinoids including delta-9-tetrahydrocannabinol (THC), opioids including fentanyl, benzodiazepines, methamphetamine and related amphetamines, and cocaine. 
(b)  The detailed medical findings, resulting from those examinations that are conducted, shall either be reduced to writing or permanently preserved on recording discs or other similar recording media and shall include all positive and negative findings pertinent to the presence or absence of any alcoholic or other substance content. Blood alcohol content and blood drug concentrations shall be provided when available. 
(c)  This section shall does  not apply to the testing of a  deceased persons person  under the age of 15 years,  15 years of age  unless the surrounding circumstances indicate the possibility of alcoholic, barbituric acid, and amphetamine derivative  alcohol or drug  consumption, nor shall it apply when the death has occurred more than 24 48  hours after the accident.
(d) For purposes of this section, hospital antemortem samples, if available, shall be used in place of postmortem samples if the decedent was hospitalized prior to death.

SEC. 2.

 Section 20011 of the Vehicle Code is amended to read:

20011.
 Every coroner  A coroner or medical examiner  shall on or before the tenth 10th  day of each month report in writing to the Department of the California Highway Patrol the death of any person during the preceding calendar month as the result of an accident involving a motor vehicle and the circumstances of the accident. Chemical test results, including blood alcohol content and blood drug concentrations, shall be reported in writing when available. 
SEC. 3.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.