SB 642 — Analysis of breath to determine alcoholic content of blood; failure to advise person of rights.

SESSION INTRODUCEDENGROSSED 22103755D ISENATE Offered January 17, 2022 N A BILL toNO. amend and reenact § 18.2-267 of the Code of Virginia, relating to preliminary analysis of breath to determine alcoholic content of blood;

failure642 Senate Amendments in [ ] - February 11, 2022 A Bbreath to advisedetermine personalcoholic content of rights.blood;

Tfailure to advise person of rights.y analysis of –––––––––– RPatron Patron––MorrisseyPrior Oto Engrossment––Senator Morrissey –––––––––– Referred to Committee on the Judiciary DE –––––––––– Be it enacted by the General Assembly of Virginia:

UN 1.

That § 18.2-267 of the Code of Virginia is amended and reenacted as follows:

CG A.

Any person who is suspected of a violation of § 18.2-266, 18.2-266.1, subsection B of § 1E.2-272,1R.2-272, or a similar ordinance shall be entitled, if such equipment is available, to have his breath analyzed to determine the probable alcoholic content of his blood.

The person shall also be entitled, upon request, to observe the process of analysis and to see the blood-alcohol reading on the equipment used to pSrform the breath test.

His breath may be analyzed by any police officer of the Commonwealth, or of anyrformany county, city or town, or by any member of a sheriff's department in the normal discharge of hishisSduties. duties.

B.in analyzing breath samples taken pursuant to this section and shall advise the respective police and sheriff's departments of the same.

The Department of Forensic Science shall determine the proper method and equipment to be used in analyzing breath samples taken pursuant to this section and shall advise the respective police and sheriff's departments of the same.

Any person who has been stopped by a police officer of the Commonwealth, or of any county, city or town, or by any member of a sheriff's department and is suspected by such officer to be guilty of an offense listed in subsection A, shall have the right to refuse to permit his breath to be so analyzed, and his failure to permit such analysis shall not be evidence in any prosecution for an offense listed in subsection A.

2officer D.may charge the person with a violation of an offense listed in subsection A.

WheneverThe theperson breathso samplethe analysischarged indicatesshall thatthen alcoholbe issubject presentto in the person'sprovisions blood,of the§§ officer18.2-268.1 maythrough charge18.2-268.12, theor personof with a violationsSmilar ofordinance. an offense listed in subsection A.

TheB personE. so charged shall then be subject to the provisions of §§ 18.2-268.1 through 18.2-268.12, or of a similar ordE.

The results of the breath analysis shall not be admitted into evidence in any prosecutionprosecution4for for an offense listed in subsection A, the purpose of this section being to permit a preliminary analysisanalyEis of the alcoholic content of the blood of a person suspected of having committed an offense listed in subsection A.

F.35 of having committed an offense listed in subsection A, [ adequately ] advise the person of his rightsd 36 under the provisions of this section.

PoliceIf officersa police officer or membersa member of any sheriff's department shall,fails uponto stopping[ any/ person37 suspectedadequately 35] of having committed an offense listed in subsection A, advise thea person of his rights under the 37 person of his rights under the provisions of this section, any breath sample / 38 obtained pursuant to thisethis a 38 section shall not be admissible for the purpose of determining probable cause 39 [ or used in evidence at 39 any hearing or trial.trial ] .