SENATE BILL 3

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Carroll H. Leavell

AN ACT

RELATING TO DRIVING OR OPERATING A MOTORBOAT UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; PROVIDING THAT CERTAIN MEDICAL PROFESSIONALS ARE AUTHORIZED TO WITHDRAW BLOOD IN THE PERFORMANCE OF A CHEMICAL BLOOD TEST; CLARIFYING THAT THE BLOOD TEST MAY BE FOR DRUGS OR ALCOHOL.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 66-8-103 NMSA 1978 (being Laws 1967, Chapter 160, Section 1) is amended to read:

     "66-8-103. CHEMICAL BLOOD TESTS--PERSONS QUALIFIED TO PERFORM TESTS--RELIEF FROM LIABILITY.--Only a physician, licensed professional or practical nurse, [or laboratory technician] emergency medical technician, certified phlebotomist or a technologist employed by a hospital or physician shall withdraw blood from [any] a person in the performance of a [blood-alcohol] chemical blood test. No such physician, nurse, technician, phlebotomist or technologist who withdraws blood from any person in the performance of a [blood-alcohol] chemical blood test that has been directed by [any] a police officer or by [any] a judicial or probation officer shall be held liable in any civil or criminal action for assault, battery, false imprisonment or any conduct of [any] a police officer except for negligence, nor shall [any] a person assisting in the performance of [such a] the test or [any] a hospital wherein blood is withdrawn in the performance of [such a] the test be subject to civil or criminal liability for assault, battery, false imprisonment or any conduct of [any] a police officer except for negligence."

     SECTION 2. Section 66-8-104 NMSA 1978 (being Laws 1978, Chapter 35, Section 512) is amended to read:

     "66-8-104. [BLOOD-ALCOHOL] CHEMICAL BLOOD TESTS--[POLICE, JUDICIAL OR PROBATION] OFFICER UNAUTHORIZED TO MAKE ARREST OR DIRECT TEST EXCEPT IN PERFORMANCE OF OFFICIAL DUTIES [AUTHORIZED BY LAW].--Nothing in [Sections 64-8-103 or 64-8-104 NMSA 1953] Section 66-8-103 NMSA 1978 or this section is intended to authorize [any] a police officer or [any] a judicial or probation officer to make [any] an arrest or to direct the performance of a [blood-alcohol] chemical blood test except in the performance of [his] that person's official duties and as otherwise authorized by law."

     SECTION 3. Section 66-13-1 NMSA 1978 (being Laws 2003, Chapter 241, Section 1) is amended to read:

     "66-13-1. SHORT TITLE.--[Sections 1 through 13 of this act] Chapter 66, Article 13 NMSA 1978 may be cited as the "Boating While Intoxicated Act"."

     SECTION 4. Section 66-13-6 NMSA 1978 (being Laws 2003, Chapter 241, Section 6) is amended to read:

     "66-13-6. [BLOOD-ALCOHOL] CHEMICAL BLOOD TESTS--PERSONS QUALIFIED TO PERFORM TESTS--RELIEF FROM CIVIL AND CRIMINAL LIABILITY.--Only a physician, licensed professional or practical nurse, [or laboratory technician] emergency medical technician, certified phlebotomist or a technologist employed by a hospital or physician shall withdraw blood from a person in the performance of a [blood-alcohol or drug] chemical blood test. A physician, nurse, technician, phlebotomist or technologist who withdraws blood from a person in the performance of a [blood-alcohol or drug] chemical blood test that has been directed by a law enforcement officer, or by a judicial or probation officer, shall not be held liable in a civil or criminal action for assault, battery, false imprisonment or any conduct of a law enforcement officer, except for negligence, nor shall a person assisting in the performance of the test, or a hospital wherein blood is withdrawn in the performance of the test, be subject to civil or criminal liability for assault, battery, false imprisonment or any conduct of a law enforcement officer, except for negligence."

     SECTION 5. Section 66-13-7 NMSA 1978 (being Laws 2003, Chapter 241, Section 7) is amended to read:

     "66-13-7. [BLOOD-ALCOHOL] CHEMICAL BLOOD TEST--[LAW ENFORCEMENT, JUDICIAL OR PROBATION] OFFICER UNAUTHORIZED TO MAKE ARREST OR DIRECT TEST EXCEPT IN PERFORMANCE OF OFFICIAL DUTIES [AUTHORIZED BY LAW].--Nothing in the Boating While Intoxicated Act is intended to authorize a law enforcement officer, or a judicial or probation officer, to make an arrest or direct the performance of a [blood-alcohol or drug] chemical blood test, except in the performance of [his] that person's official duties or as otherwise authorized by law."

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