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Wednesday, November 10, 2010
Ind. Law - "Interviews indicated that no one involved in the Bisard investigation, sworn or civilian, knew about the March 12, 2010 law amendment"
The full 47-page internal investigation report on David Bisard crash is available online, via the Indianapolis Star.
Starting on p. 26, the Report has "A brief history of SEA 342 and the amended law -- IC 9-30-6-6." Here, from p. 26-28:
I.C. 9-30-6-6, the Indiana law which defines the acceptable personnel to conduct post-crash blood draws and the suitable location for them, was altered by the Indiana General Assembly and signed into (amended) law by Governor Mitch Daniels on March 12, 2010. This alteration came as a result of the 2009 Indiana Court of Appeals case, Brown v. State (911 N.E. 2d 668). * * *The boldface type was added by the ILB. To the contrary, both the Brown case and SEA 342 received considerable coverage. Here are a few examples collected by the ILB, in reverse chronological order:When word of this August 21, 2009 decision reached the Indiana General Assembly, discussions of an amendment to 9-30-6-6 started quickly. It was known as Senate Enrolled Act 342.
After months of debate as to how the new law would read, the General Assembly decided to remove “a certified phlebotomist” from the list of acceptable persons who can draw blood. However, the General Assembly also specifically said, “The list of persons qualified to take a bodily substance sample is not a limitation to ‘ONLY THOSE PERSONS’ when the sample is taken in a licensed hospital.”.
SEA 342 was signed into law with little, if any publicity or media attention.
This law amendment was communicated to all law enforcement officers in the State of Indiana, in the monthly publication released in the April 2010, (Issue #221) “Police Prosecutor Update (PPU).” Each paragraph of this particular PPU addresses various Indiana Codes, Senate Enrolled Acts, House Enrolled Acts, all pertaining to new laws. SEA 342 was listed near the bottom, with a brief, incomplete, one-sentence explanation of the new law amendment. No officers on the scene of the Bisard incident received any additional training/education about the law change, nor its applicability to their assigned duties. It remains unclear whether any of them even saw this issue of the PPU (see PPU on page 29).
Interviews indicated that no one involved in the Bisard investigation, sworn or civilian, knew about the March 12, 2010 law amendment. Therefore they believed that Methodist Occupational Health Center (MOHC) was an approved facility and Medical Assistant Michelle Maga was a person authorized by law to draw Bisard’s blood.
Ind. Decisions - Transfer in certified phlebotomist "loophole" case ruled "improvidently granted"
Supreme Court oral argument in the case of Roger Brown v. State was held Jan. 14, 2010. The posted description:At trial on charges of operating a vehicle while intoxicated, the Clinton Superior Court admitted the results of a blood alcohol...
Posted in The Indiana Law Blog on May 28, 2010 08:03 AM
Ind. Law - More on "New drunken driving law quickens blood sample process"
Updating this March 16, 2010 ILB entry on SEA 342, Rebecca S. Green reports today in the Fort Wayne Journal Gazette:This month, Gov. Mitch Daniels signed a bill into law changing part of the state’s drunken-driving law. That change removed... [Excellent report by Rebecca S. Green in the Fort Wayne Journal Gazette]
Posted in The Indiana Law Blog on March 21, 2010 12:22 PM
Ind. Law - "New drunken driving law quickens blood sample process"
HEA 342, signed by the Governor March 12, 2010, is the focus of a story in the Bloomington Herald-Times. Some quotes:New legislation closes what Monroe County Prosecutor Chris Gaal referred to as a “loophole” in drunken driving law. Back in...
Posted in The Indiana Law Blog on March 16, 2010 10:49 AM
Posted by Marcia Oddi on November 10, 2010 04:32 PM
Posted to Indiana Law