PART XVI. POSTACCIDENT DRUG TESTING

§681. Postaccident drug testing; accidents involving fatalities, required

            A. The operator of any motor vehicle or watercraft which is involved in a collision or crash on the public highways, including waterways, shall be deemed to have given consent to, and shall be administered, a chemical test or tests of his blood, urine, or other bodily substances for the purpose of determining the presence of any abused substance or controlled dangerous substance as set forth in R.S. 40:964 or other applicable provision of law or any other impairing substance, under any of the following circumstances:

            (1) A fatality occurs.

            (2) It is foreseeable that a citation for a traffic violation or an arrest is imminent and the investigating officer finds that a bodily injury occurred that is rated as "suspected serious injury" on the Uniform Motor Vehicle Traffic Crash Report.

            (3) The operator voluntarily agrees to submit to a chemical test.

            (4) A search warrant is issued, ordering the collection and testing of any bodily substance for purposes of this Section.

            B. The test or tests required pursuant to Subsection A of this Section shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been operating or in actual physical control of a motor vehicle upon the public highways of this state which is involved in a collision or crash or to have been operating or in physical control of a watercraft on the waterways of this state involved in a collision, crash, or other casualty in which a suspected serious injury or a fatality occurs, in order to determine the presence of any abused substance or controlled dangerous substance as set forth in R.S. 40:964 or any other applicable provision of law, or any other impairing substance. The law enforcement agency by which such officer is employed shall designate in writing under what conditions the test or tests shall be administered.

            C. In the case of all traffic or boating fatalities, the coroner, or his designee, shall perform or cause to be performed a toxicology screen on the deceased victim or victims for determining evidence of the presence of any abused substance or controlled dangerous substance as set forth in R.S. 40:964 or other applicable provision of law, or any other impairing substance which shall include the extracting of all bodily substance samples necessary for such toxicology screen. The coroner, or his designee, shall be responsible for ensuring the body is not removed from his custody until such time as the bodily substance samples are extracted. The coroner's report shall be made available to the investigating law enforcement agency and may be admissible in any court of competent jurisdiction as evidence of the presence of any abused substance or controlled dangerous substance as set forth in R.S. 40:964 or other applicable provision of law, or any other impairing substance at the time of the fatality. Nothing herein shall be construed to limit the authority of the investigating law enforcement agency from conducting an investigation of the accident scene concurrently with the coroner or his designee.

            D. Any chemical test or tests of a person's blood, urine, or other bodily substance for the purpose of determining the presence of any abused substance or controlled dangerous substance as set forth in R.S. 40:964 or other applicable provision of law, or any other impairing substance shall be administered in the same manner and subject to the provisions of Part XIV of this Chapter.

            E. For the purposes of this Section, "suspected serious injury", as provided for in the Fourth Edition of the Model Minimum Uniform Crash Criteria Guideline, means any injury other than fatal which results in any of the following:

            (1) Severe laceration resulting in exposure of underlying tissues, muscle, or organs, or resulting in a significant loss of blood.

            (2) Broken or distorted extremity.

            (3) Crush injuries.

            (4) Suspected skull, chest, or abdominal injury other than bruises or minor lacerations.

            (5) Significant burns.

            (6) Unconsciousness when taken from the crash scene.

            (7) Paralysis.

            F. Neither the law enforcement officer nor the law enforcement agency employing the law enforcement officer shall be liable, civilly or criminally, for any action or omission taken in response to this Section.

            G. This Section shall be known and may be cited as "Katie Bug's Law".

            Acts 2006, No. 523, §1; Acts 2009, No. 5, §1; Acts 2019, No. 408, §1, eff. June 20, 2019.