Oklahoma 2026 Regular Session Status: In Committee 2 R cosponsors

SB 882 — Driving under the influence; modifying bail provisions related to charges of driving under the influence. Effective date.

Last action — Coauthored by Representative Gise (principal House author)

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the Senate. Introduced February 03, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Prognosis

Advancing 38% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

657 added · 886 removed

Plain-language change summary

The recent changes to Senate Bill 882 include requiring individuals arrested for driving under the influence to post bail before being released. Additionally, the bill removes the mandatory drug and alcohol testing requirement in certain scenarios and updates the language to be gender neutral. This matters because it aims to clarify the bail process and reduce unnecessary testing, making it more equitable and efficient for those accused of DUI offenses.

→
Previous
Latest
STATE OF OKLAHOMA 2 1st Session of the 60th Legislature (2025) 3 SENATE BILL 882 By:
SENATE FLOOR VERSION February 25, 2025 3 SENATE BILL NO.
Weaver 4 5 AS INTRODUCED 7 An Act relating to driving under the influence;
882 By:
Weaver 5 An Act relating to driving under the influence;
Except as otherwise provided by this section, upon the allowance of bail and the execution of the requisite Req.
Except as otherwise provided by this section, upon the allowance of bail and the execution of the requisite recognizance, bond, or undertaking to the state, the magistrate, judge, or court shall, if the defendant is in custody, make and sign SENATE FLOOR VERSION - SB882 SFLR Page 1 (Bold face denotes Committee Amendments) an order for discharge.
No.
The court, in its discretion, may prescribe by court rule the conditions under which the court clerk or deputy court clerk, or the sheriff or deputy sheriff, may prepare and execute an order of release on behalf of the court.
474 Page 1 recognizance, bond, or undertaking to the state, the magistrate, 2 judge, or court shall, if the defendant is in custody, make and sign 3 an order for discharge.
B.
The court, in its discretion, may prescribe by court rule the conditions under which the court clerk or deputy 5 court clerk, or the sheriff or deputy sheriff, may prepare and 6 execute an order of release on behalf of the court.
No police officer or sheriff may release a person arrested for a violation of an ex parte or final protective order as provided in Sections 60.2 and 60.3 of this title, or arrested for an act constituting domestic abuse as specified in Section 644 of Title 21 of the Oklahoma Statutes, or arrested for any act constituting domestic abuse, stalking or harassment as defined by Section 60.1 of this title, or arrested for an act constituting domestic assault and battery or domestic assault and battery with a deadly weapon pursuant to Section 644 of Title 21 of the Oklahoma Statutes, without the violator appearing before a magistrate, judge or court.
7 B.
No police officer or sheriff may release a person arrested for a violation of an ex parte or final protective order as provided 9 in Sections 60.2 and 60.3 of this title, or arrested for an act constituting domestic abuse as specified in Section 644 of Title 21 of the Oklahoma Statutes, or arrested for any act constituting domestic abuse, stalking or harassment as defined by Section 60.1 of this title, or arrested for an act constituting domestic assault and battery or domestic assault and battery with a deadly weapon pursuant to Section 644 of Title 21 of the Oklahoma Statutes, without the violator appearing before a magistrate, judge or court.
Req.
3.
No.
Whether the person has a history of violating the orders of any court or governmental entity;
474 Page 2 3.
SENATE FLOOR VERSION - SB882 SFLR Page 2 (Bold face denotes Committee Amendments) 4.
Whether the person has a history of violating the orders of 2 any court or governmental entity;
3 4.
5 5.
5.
Whether the person has a history of abusing alcohol or any 6 controlled substance;
Whether the person has a history of abusing alcohol or any controlled substance;
7 6.
6.
9 7.
7.
Req.
8.
No.
Whether a separation of the person from the alleged victim or a termination of the relationship between the person and the alleged victim has recently occurred or is pending;
474 Page 3 8.
SENATE FLOOR VERSION - SB882 SFLR Page 3 (Bold face denotes Committee Amendments) 9.
Whether a separation of the person from the alleged victim 2 or a termination of the relationship between the person and the 3 alleged victim has recently occurred or is pending;
Whether the person has exhibited obsessive or controlling behaviors toward the alleged victim including, but not limited to, stalking, surveillance, or isolation of the alleged victim;
9.
10.
Whether the person has exhibited obsessive or controlling 5 behaviors toward the alleged victim including, but not limited to, 6 stalking, surveillance, or isolation of the alleged victim;
7 10.
and 9 11.
and 11.
In determining bond and other Req.
In determining bond and other conditions of release, the magistrate, judge, or court shall consider any evidence that the person is in any manner dependent upon a controlled dangerous substance or has a pattern of regular, SENATE FLOOR VERSION - SB882 SFLR Page 4 (Bold face denotes Committee Amendments) illegal use of any controlled dangerous substance.
No.
A rebuttable presumption that no conditions of release on bond would assure the safety of the community or any person therein shall arise if the state shows by clear and convincing evidence:
474 Page 4 conditions of release, the magistrate, judge, or court shall 2 consider any evidence that the person is in any manner dependent 3 upon a controlled dangerous substance or has a pattern of regular, illegal use of any controlled dangerous substance.
A rebuttable 5 presumption that no conditions of release on bond would assure the 6 safety of the community or any person therein shall arise if the 7 state shows by clear and convincing evidence:
The person was arrested for a violation of subsection G of 9 Section 2-401 of Title 63 of the Oklahoma Statutes, relating to manufacturing or attempting to manufacture a controlled dangerous substance, or possessing any of the substances listed in subsection G of Section 2-401 of Title 63 of the Oklahoma Statutes with the intent to manufacture a controlled dangerous substance;
The person was arrested for a violation of subsection G of Section 2-401 of Title 63 of the Oklahoma Statutes, relating to manufacturing or attempting to manufacture a controlled dangerous substance, or possessing any of the substances listed in subsection G of Section 2-401 of Title 63 of the Oklahoma Statutes with the intent to manufacture a controlled dangerous substance;
In determining bond and other conditions of release, the Req.
In determining bond and other conditions of release, the magistrate, judge, on-call judge or court shall consider any evidence that the person is in any manner dependent upon alcohol or a controlled dangerous substance or has a pattern of regular abuse SENATE FLOOR VERSION - SB882 SFLR Page 5 (Bold face denotes Committee Amendments) of alcohol or the illegal use of any controlled dangerous substance.
No.
If the person was arrested for any crime provided for in Section 11- 902 of Title 47 of the Oklahoma Statutes, the court shall consider the threat the person poses to the public safety and shall present written findings on the bail amount.
474 Page 5 magistrate, judge, on-call judge or court shall consider any 2 evidence that the person is in any manner dependent upon alcohol or 3 a controlled dangerous substance or has a pattern of regular abuse of alcohol or the illegal use of any controlled dangerous substance.
SECTION 2.
5 If the person was arrested for any crime provided for in Section 11- 6 902 of Title 47 of the Oklahoma Statutes, the court shall consider 7 the threat the person poses to the public safety and shall present written findings on the bail amount.
9 SECTION 2.
Any driver who provides information required by Req.
Any driver who provides information required by this section which is intentionally inaccurate shall be subject to the provisions of Section 10-103 of this title.
No.
SENATE FLOOR VERSION - SB882 SFLR Page 6 (Bold face denotes Committee Amendments) B.
474 Page 6 this section which is intentionally inaccurate shall be subject to 2 the provisions of Section 10-103 of this title.
Any driver of any vehicle involved in an accident who could be cited for any traffic offense where said accident resulted in the immediate death or great bodily injury, as defined in subsection B of Section 646 of Title 21 of the Oklahoma Statutes, of any person shall submit to drug and alcohol testing as soon as practicable after such accident occurs.
3 B.
The traffic offense violation shall constitute probable cause for purposes of Section 752 of this title and the procedures found in Section 752 of this title shall be followed to determine the presence of alcohol or controlled dangerous substances within the driver’s blood system.
Show all 158 changed rows (118 more)
Previous
Latest
Any driver of any vehicle involved in an accident who could be cited for any traffic offense where said accident resulted in the 5 immediate death or great bodily injury, as defined in subsection B 6 of Section 646 of Title 21 of the Oklahoma Statutes, of any person 7 shall submit to drug and alcohol testing as soon as practicable after such accident occurs.
The traffic offense violation shall 9 constitute probable cause for purposes of Section 752 of this title and the procedures found in Section 752 of this title shall be followed to determine the presence of alcohol or controlled dangerous substances within the driver’s blood system.
Req.
2.
No.
474 Page 7 2.
2 3.
SENATE FLOOR VERSION - SB882 SFLR Page 7 (Bold face denotes Committee Amendments) 3.
Has any amount of a Schedule I chemical or controlled 3 substance, as defined in Section 2-204 of Title 63 of the Oklahoma Statutes, or one of its metabolites or analogs in the person’s 5 blood, saliva, urine or any other bodily fluid at the time of a test 6 of such person’s blood, saliva, urine or any other bodily fluid 7 administered within two (2) hours after the arrest of such person;
Has any amount of a Schedule I chemical or controlled substance, as defined in Section 2-204 of Title 63 of the Oklahoma Statutes, or one of its metabolites or analogs in the person’s blood, saliva, urine or any other bodily fluid at the time of a test of such person’s blood, saliva, urine or any other bodily fluid administered within two (2) hours after the arrest of such person;
Is under the influence of any intoxicating substance other 9 than alcohol which may render such person incapable of safely driving or operating a motor vehicle.
Is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle.
Req.
C.
No.
474 Page 8 C.
Any person who is convicted of a violation of the 2 provisions of this section shall be guilty of a misdemeanor for the 3 first offense and shall:
Any person who is convicted of a violation of the provisions of this section shall be guilty of a misdemeanor for the first offense and shall:
a.
SENATE FLOOR VERSION - SB882 SFLR Page 8 (Bold face denotes Committee Amendments) a.
participate in an assessment and evaluation pursuant 5 to subsection G of this section and shall follow all 6 recommendations made in the assessment and evaluation, 7 b.
participate in an assessment and evaluation pursuant to subsection G of this section and shall follow all recommendations made in the assessment and evaluation, b.
be punished by imprisonment in jail for not less than ten (10) days nor more than one (1) year, and 9 c.
be punished by imprisonment in jail for not less than ten (10) days nor more than one (1) year, and c.
Req.
a.
No.
follow all recommendations made in the assessment and evaluation for treatment at the defendant’s expense, or SENATE FLOOR VERSION - SB882 SFLR Page 9 (Bold face denotes Committee Amendments) b.
474 Page 9 a.
placement in the custody of the Department of Corrections for not less than one (1) year and not to exceed five (5) years and a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00), or c.
follow all recommendations made in the assessment and 2 evaluation for treatment at the defendant’s expense, 3 or b.
treatment, imprisonment and a fine within the limitations prescribed in subparagraphs a and b of this paragraph.
placement in the custody of the Department of 5 Corrections for not less than one (1) year and not to 6 exceed five (5) years and a fine of not more than Two 7 Thousand Five Hundred Dollars ($2,500.00), or c.
treatment, imprisonment and a fine within the 9 limitations prescribed in subparagraphs a and b of this paragraph.
Req.
a.
No.
follow all recommendations made in the assessment and evaluation for treatment at the defendant’s expense, two hundred forty (240) hours of community service and use of an ignition interlock device, as provided by SENATE FLOOR VERSION - SB882 SFLR Page 10 (Bold face denotes Committee Amendments) subparagraph n of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes, or b.
474 Page 10 a.
placement in the custody of the Department of Corrections for not less than one (1) year and not to exceed ten (10) years and a fine of not more than Five Thousand Dollars ($5,000.00), or c.
follow all recommendations made in the assessment and 2 evaluation for treatment at the defendant’s expense, 3 two hundred forty (240) hours of community service and use of an ignition interlock device, as provided by 5 subparagraph n of paragraph 1 of subsection A of 6 Section 991a of Title 22 of the Oklahoma Statutes, or 7 b.
placement in the custody of the Department of Corrections for not less than one (1) year and not to 9 exceed ten (10) years and a fine of not more than Five Thousand Dollars ($5,000.00), or c.
Any person who commits a violation of this section after having been twice convicted of a felony offense pursuant to the provisions of this section or a violation pursuant to the provisions of any law of this state or another state prohibiting the offenses provided for in this section, Section 11-904 of this title or paragraph 4 of subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes shall be guilty of a felony and participate in an Req.
Any person who commits a violation of this section after having been twice convicted of a felony offense pursuant to the provisions of this section or a violation pursuant to the provisions of any law of this state or another state prohibiting the offenses provided for in this section, Section 11-904 of this title or paragraph 4 of subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes shall be guilty of a felony and participate in an assessment and evaluation pursuant to subsection G of this section and shall be sentenced to:
No.
a.
474 Page 11 assessment and evaluation pursuant to subsection G of this section 2 and shall be sentenced to:
follow all recommendations made in the assessment and evaluation for treatment at the defendant’s expense, SENATE FLOOR VERSION - SB882 SFLR Page 11 (Bold face denotes Committee Amendments) followed by not less than one (1) year of supervision and periodic testing at the defendant’s expense, four hundred eighty (480) hours of community service, and use of an ignition interlock device, as provided by subparagraph n of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes, for a minimum of thirty (30) days, or b.
3 a.
follow all recommendations made in the assessment and evaluation for treatment at the defendant’s expense, 5 followed by not less than one (1) year of supervision 6 and periodic testing at the defendant’s expense, four 7 hundred eighty (480) hours of community service, and use of an ignition interlock device, as provided by 9 subparagraph n of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes, for a minimum of thirty (30) days, or b.
Any person who, after a previous conviction of a violation of murder in the second degree or manslaughter in the first degree in which the death was caused as a result of driving under the Req.
Any person who, after a previous conviction of a violation of murder in the second degree or manslaughter in the first degree in which the death was caused as a result of driving under the influence of alcohol or other intoxicating substance, is convicted of a violation of this section shall be guilty of a felony and shall be punished by imprisonment in the custody of the Department of Corrections for not less than five (5) years and not to exceed SENATE FLOOR VERSION - SB882 SFLR Page 12 (Bold face denotes Committee Amendments) twenty (20) years, and a fine of not more than Ten Thousand Dollars ($10,000.00).
No.
6.
474 Page 12 influence of alcohol or other intoxicating substance, is convicted 2 of a violation of this section shall be guilty of a felony and shall 3 be punished by imprisonment in the custody of the Department of Corrections for not less than five (5) years and not to exceed 5 twenty (20) years, and a fine of not more than Ten Thousand Dollars 6 ($10,000.00).
Provided, however, a conviction from another state shall not be used to enhance punishment pursuant to the provisions of this subsection if that conviction is based on a blood or breath alcohol concentration of less than eight-hundredths (0.08).
7 6.
Provided, however, a conviction from another state shall not be used to enhance punishment pursuant to the provisions of this 9 subsection if that conviction is based on a blood or breath alcohol concentration of less than eight-hundredths (0.08).
A person convicted of aggravated driving under the influence shall participate in an assessment and evaluation pursuant to subsection G of this section and shall comply with all recommendations for Req.
A person convicted of aggravated driving under the influence shall participate in an assessment and evaluation pursuant to subsection G of this section and shall comply with all recommendations for treatment.
No.
Such person shall be sentenced as provided in paragraph 1, 2, 3, 4 or 5 of subsection C of this section and to:
474 Page 13 treatment.
1.
Such person shall be sentenced as provided in paragraph 2 1, 2, 3, 4 or 5 of subsection C of this section and to:
3 1.
and 5 2.
and SENATE FLOOR VERSION - SB882 SFLR Page 13 (Bold face denotes Committee Amendments) 2.
An ignition interlock device or devices, as provided by 6 subparagraph n of paragraph 1 of subsection A of Section 991a of 7 Title 22 of the Oklahoma Statutes, for a minimum of ninety (90) days.
An ignition interlock device or devices, as provided by subparagraph n of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes, for a minimum of ninety (90) days.
9 E.
E.
Successful completion of an Req.
Successful completion of an approved Department of Corrections substance abuse treatment program may precede or follow the required assessment.
No.
F.
474 Page 14 approved Department of Corrections substance abuse treatment program 2 may precede or follow the required assessment.
The Department of Public Safety is hereby authorized to reinstate any suspended or revoked driving privilege when the person SENATE FLOOR VERSION - SB882 SFLR Page 14 (Bold face denotes Committee Amendments) meets the statutory requirements which affect the existing driving privilege.
3 F.
G.
The Department of Public Safety is hereby authorized to reinstate any suspended or revoked driving privilege when the person 5 meets the statutory requirements which affect the existing driving 6 privilege.
Any person who is found guilty of a violation of the provisions of this section shall be ordered to participate in an alcohol and drug substance abuse evaluation and assessment program offered by a certified assessment agency or certified assessor for the purpose of evaluating and assessing the receptivity to treatment and prognosis of the person and shall follow all recommendations made in the assessment and evaluation for treatment.
7 G.
Any person who is found guilty of a violation of the provisions of this section shall be ordered to participate in an 9 alcohol and drug substance abuse evaluation and assessment program offered by a certified assessment agency or certified assessor for the purpose of evaluating and assessing the receptivity to treatment and prognosis of the person and shall follow all recommendations made in the assessment and evaluation for treatment.
The agency or assessor shall, within seventy-two (72) hours from the time the person is evaluated and assessed, submit a written report to the court for the purpose Req.
The agency or assessor shall, within seventy-two (72) hours from the time the person is evaluated and assessed, submit a written report to the court for the purpose of assisting the court in its sentencing determination.
No.
The court shall, as a condition of any sentence imposed, including deferred and suspended sentences, require the person to participate in and successfully complete all recommendations from the evaluation, such SENATE FLOOR VERSION - SB882 SFLR Page 15 (Bold face denotes Committee Amendments) as an alcohol and substance abuse treatment program pursuant to Section 3-452 of Title 43A of the Oklahoma Statutes.
474 Page 15 of assisting the court in its sentencing determination.
If such report indicates that the evaluation and assessment shows that the defendant would benefit from a ten-hour or twenty-four-hour alcohol and drug substance abuse course or a treatment program or both, the court shall, as a condition of any sentence imposed, including deferred and suspended sentences, require the person to follow all recommendations identified by the evaluation and assessment and ordered by the court.
The court 2 shall, as a condition of any sentence imposed, including deferred 3 and suspended sentences, require the person to participate in and successfully complete all recommendations from the evaluation, such 5 as an alcohol and substance abuse treatment program pursuant to 6 Section 3-452 of Title 43A of the Oklahoma Statutes.
If such report 7 indicates that the evaluation and assessment shows that the defendant would benefit from a ten-hour or twenty-four-hour alcohol 9 and drug substance abuse course or a treatment program or both, the court shall, as a condition of any sentence imposed, including deferred and suspended sentences, require the person to follow all recommendations identified by the evaluation and assessment and ordered by the court.
If a person is sentenced to imprisonment in the custody of the Department of Corrections and the court has received a written evaluation report pursuant to the provisions of this Req.
If a person is sentenced to imprisonment in the custody of the Department of Corrections and the court has received a written evaluation report pursuant to the provisions of this subsection, the report shall be furnished to the Department of Corrections with the judgment and sentence.
No.
Any evaluation and assessment report submitted to the court pursuant to the provisions of this subsection shall be handled in a manner which will keep such SENATE FLOOR VERSION - SB882 SFLR Page 16 (Bold face denotes Committee Amendments) report confidential from the general public’s review.
474 Page 16 subsection, the report shall be furnished to the Department of 2 Corrections with the judgment and sentence.
Nothing contained in this subsection shall be construed to prohibit the court from ordering judgment and sentence in the event the defendant fails or refuses to comply with an order of the court to obtain the evaluation and assessment required by this subsection.
Any evaluation and 3 assessment report submitted to the court pursuant to the provisions of this subsection shall be handled in a manner which will keep such 5 report confidential from the general public’s review.
Nothing 6 contained in this subsection shall be construed to prohibit the 7 court from ordering judgment and sentence in the event the defendant fails or refuses to comply with an order of the court to obtain the 9 evaluation and assessment required by this subsection.
Any person who is found guilty of a violation of the provisions of this section shall be required by the court to attend a victims impact panel program, as defined in subsection H of Section 991a of Title 22 of the Oklahoma Statutes, if such a program is offered in the county where the judgment is rendered, and to pay a fee of Seventy-five Dollars ($75.00), as set by the governing authority of the program and approved by the court, to the program Req.
Any person who is found guilty of a violation of the provisions of this section shall be required by the court to attend a victims impact panel program, as defined in subsection H of Section 991a of Title 22 of the Oklahoma Statutes, if such a program is offered in the county where the judgment is rendered, and to pay a fee of Seventy-five Dollars ($75.00), as set by the governing authority of the program and approved by the court, to the program to offset the cost of participation by the defendant, if in the opinion of the court the defendant has the ability to pay such fee.
No.
I.
474 Page 17 to offset the cost of participation by the defendant, if in the 2 opinion of the court the defendant has the ability to pay such fee.
Any person who is found guilty of a felony violation of the provisions of this section shall be required to submit to electronic SENATE FLOOR VERSION - SB882 SFLR Page 17 (Bold face denotes Committee Amendments) monitoring as authorized and defined by Section 991a of Title 22 of the Oklahoma Statutes.
3 I.
J.
Any person who is found guilty of a felony violation of the provisions of this section shall be required to submit to electronic 5 monitoring as authorized and defined by Section 991a of Title 22 of 6 the Oklahoma Statutes.
Any person who is found guilty of a violation of the provisions of this section who has been sentenced by the court to perform any type of community service shall not be permitted to pay a fine in lieu of performing the community service.
7 J.
Any person who is found guilty of a violation of the provisions of this section who has been sentenced by the court to 9 perform any type of community service shall not be permitted to pay a fine in lieu of performing the community service.
Req.
2.
No.
Nothing in this subsection shall prohibit the prosecution of a person pursuant to Section 852.1 of Title 21 of the Oklahoma Statutes who is in violation of any provision of this section or Section 11-904 of this title.
474 Page 18 2.
SENATE FLOOR VERSION - SB882 SFLR Page 18 (Bold face denotes Committee Amendments) M.
Nothing in this subsection shall prohibit the prosecution of 2 a person pursuant to Section 852.1 of Title 21 of the Oklahoma 3 Statutes who is in violation of any provision of this section or Section 11-904 of this title.
Any plea of guilty, nolo contendere or finding of guilt for a violation of this section or a violation pursuant to the provisions of any law of this state or another state prohibiting the offenses provided for in this section, Section 11-904 of this title, or paragraph 4 of subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes, shall constitute a conviction of the offense for the purpose of this section;
5 M.
Any plea of guilty, nolo contendere or finding of guilt for 6 a violation of this section or a violation pursuant to the 7 provisions of any law of this state or another state prohibiting the offenses provided for in this section, Section 11-904 of this title, 9 or paragraph 4 of subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes, shall constitute a conviction of the offense for the purpose of this section;
or Req.
or 2.
No.
Whether a person was under the influence of one or more impairing substances and the category of such impairing substance or substances.
474 Page 19 2.
A witness who has received training and holds a current certification as a drug recognition expert shall be qualified to SENATE FLOOR VERSION - SB882 SFLR Page 19 (Bold face denotes Committee Amendments) give the testimony in any case in which such testimony may be relevant.
Whether a person was under the influence of one or more 2 impairing substances and the category of such impairing substance or 3 substances.
SECTION 4.
A witness who has received training and holds a current certification as a drug recognition expert shall be qualified to 5 give the testimony in any case in which such testimony may be 6 relevant.
7 SECTION 4.
2024, 9 Section 752), is amended to read as follows:
2024, Section 752), is amended to read as follows:
Only qualified persons authorized by the Board may Req.
Only qualified persons authorized by the Board may collect breath, saliva or urine, or administer tests of breath under the provisions of this title.
No.
B.
474 Page 20 collect breath, saliva or urine, or administer tests of breath under 2 the provisions of this title.
3 B.
5 1.
SENATE FLOOR VERSION - SB882 SFLR Page 20 (Bold face denotes Committee Amendments) 1.
Authorizing blood withdrawal signed by the person whose 6 blood is to be withdrawn;
Authorizing blood withdrawal signed by the person whose blood is to be withdrawn;
7 2.
2.
Signed by a duly authorized peace officer that the person whose blood is to be withdrawn has agreed to the withdrawal of 9 blood;
Signed by a duly authorized peace officer that the person whose blood is to be withdrawn has agreed to the withdrawal of blood;
In the form of an order from a district court that blood be withdrawn, the person authorized to withdraw the blood and the Req.
In the form of an order from a district court that blood be withdrawn, the person authorized to withdraw the blood and the hospital or other health care facility where the withdrawal occurs may rely on such a statement or order as evidence that the person has consented to or has been required to submit to the clinical procedure and shall not require the person to sign any additional SENATE FLOOR VERSION - SB882 SFLR Page 21 (Bold face denotes Committee Amendments) consent or waiver form.
No.
In such a case, the person authorized to perform the procedure, the employer of such person and the hospital or other health care facility shall not be liable in any action alleging lack of consent or lack of informed consent.
474 Page 21 hospital or other health care facility where the withdrawal occurs 2 may rely on such a statement or order as evidence that the person 3 has consented to or has been required to submit to the clinical procedure and shall not require the person to sign any additional 5 consent or waiver form.
C.
In such a case, the person authorized to 6 perform the procedure, the employer of such person and the hospital 7 or other health care facility shall not be liable in any action alleging lack of consent or lack of informed consent.
9 C.
The blood, breath, saliva or urine specimens obtained shall be tested by the appropriate test as determined by the Board, or Req.
The blood, breath, saliva or urine specimens obtained shall be tested by the appropriate test as determined by the Board, or tested by a laboratory that is exempt from the Board rules pursuant to Section 759 of this title, to determine the alcohol concentration thereof, or the presence or concentration of any other intoxicating SENATE FLOOR VERSION - SB882 SFLR Page 22 (Bold face denotes Committee Amendments) substance which might have affected the ability of the person tested to operate a motor vehicle safely.
No.
E.
474 Page 22 tested by a laboratory that is exempt from the Board rules pursuant 2 to Section 759 of this title, to determine the alcohol concentration 3 thereof, or the presence or concentration of any other intoxicating substance which might have affected the ability of the person tested 5 to operate a motor vehicle safely.
When blood is withdrawn for testing of its alcohol concentration or other intoxicating substance presence or concentration, at the request of a law enforcement officer, a sufficient quantity of the same specimen shall be obtained to enable the tested person, at his or her own option and expense, to have an independent analysis made of such specimen.
6 E.
When blood is withdrawn for testing of its alcohol 7 concentration or other intoxicating substance presence or concentration, at the request of a law enforcement officer, a 9 sufficient quantity of the same specimen shall be obtained to enable the tested person, at his or her own option and expense, to have an independent analysis made of such specimen.
Req.
F.
No.
The costs of collecting blood specimens for the purpose of determining the alcohol or other intoxicating substance thereof, by or at the direction of a law enforcement officer, shall be borne by the law enforcement agency employing such officer;
474 Page 23 F.
provided, if the SENATE FLOOR VERSION - SB882 SFLR Page 23 (Bold face denotes Committee Amendments) person is convicted for any offense involving the operation of a motor vehicle while under the influence of or while impaired by alcohol or an intoxicating substance, or both, as a direct result of the incident which caused the collection of blood specimens, an amount equal to the costs shall become a part of the court costs of the person and shall be collected by the court and remitted to the law enforcement agency bearing the costs.
The costs of collecting blood specimens for the purpose of 2 determining the alcohol or other intoxicating substance thereof, by 3 or at the direction of a law enforcement officer, shall be borne by the law enforcement agency employing such officer;
provided, if the 5 person is convicted for any offense involving the operation of a 6 motor vehicle while under the influence of or while impaired by 7 alcohol or an intoxicating substance, or both, as a direct result of the incident which caused the collection of blood specimens, an 9 amount equal to the costs shall become a part of the court costs of the person and shall be collected by the court and remitted to the law enforcement agency bearing the costs.
Tests of blood or breath for the purpose of determining the alcohol concentration thereof, and tests of blood for the purpose of determining the presence or concentration of any other intoxicating substance therein, under the provisions of this title, whether Req.
Tests of blood or breath for the purpose of determining the alcohol concentration thereof, and tests of blood for the purpose of determining the presence or concentration of any other intoxicating substance therein, under the provisions of this title, whether administered by or at the direction of a law enforcement officer or administered independently, at the option of the tested person, on the excess specimen of such person’s blood to be considered valid SENATE FLOOR VERSION - SB882 SFLR Page 24 (Bold face denotes Committee Amendments) and admissible in evidence under the provisions of this title, shall have been administered in accordance with Section 759 of this title.
No.
H.
474 Page 24 administered by or at the direction of a law enforcement officer or 2 administered independently, at the option of the tested person, on 3 the excess specimen of such person’s blood to be considered valid and admissible in evidence under the provisions of this title, shall 5 have been administered in accordance with Section 759 of this title.
Any person who has been arrested for any offense arising out of acts alleged to have been committed while the person was operating or in actual physical control of a motor vehicle while under the influence of alcohol, any other intoxicating substance or the combined influence of alcohol and any other intoxicating substance who is not requested by a law enforcement officer to submit to a test shall be entitled to have an independent test of his or her blood for the purpose of determining its alcohol concentration or the presence or concentration of any other intoxicating substance therein, performed by a person of his or her own choosing who is qualified as stipulated in this section.
6 H.
Any person who has been arrested for any offense arising out 7 of acts alleged to have been committed while the person was operating or in actual physical control of a motor vehicle while 9 under the influence of alcohol, any other intoxicating substance or the combined influence of alcohol and any other intoxicating substance who is not requested by a law enforcement officer to submit to a test shall be entitled to have an independent test of his or her blood for the purpose of determining its alcohol concentration or the presence or concentration of any other intoxicating substance therein, performed by a person of his or her own choosing who is qualified as stipulated in this section.
The failure or inability of the arrested person to obtain an independent test shall not preclude the admission of other competent evidence bearing upon the question of whether such person was under the influence of alcohol, or any other Req.
The failure or inability of the arrested person to obtain an independent test shall not preclude the admission of other competent evidence bearing upon the question of whether such person was under the influence of alcohol, or any other intoxicating substance or the combined influence of alcohol and any other intoxicating substance.
No.
I.
474 Page 25 intoxicating substance or the combined influence of alcohol and any 2 other intoxicating substance.
Any agency or laboratory certified by the Board or any agency or laboratory that is exempt from the Board rules pursuant to SENATE FLOOR VERSION - SB882 SFLR Page 25 (Bold face denotes Committee Amendments) Section 759 of this title, which analyses blood shall make available a written report of the results of the test administered by or at the direction of the law enforcement officer to:
3 I.
Any agency or laboratory certified by the Board or any agency or laboratory that is exempt from the Board rules pursuant to 5 Section 759 of this title, which analyses blood shall make available 6 a written report of the results of the test administered by or at 7 the direction of the law enforcement officer to:
9 2.
2.
60-1-474 CN 1/19/2025 5:45:12 AM Req.
COMMITTEE REPORT BY:
No.
COMMITTEE ON PUBLIC SAFETY February 25, 2025 - DO PASS SENATE FLOOR VERSION - SB882 SFLR Page 26 (Bold face denotes Committee Amendments)
474 Page 26
⬇ Download PDF
View plain text versions (2)

Action History

  1. Coauthored by Representative Gise (principal House author)

  2. Placed on General Order

  3. Reported Do Pass Public Safety committee; CR filed

  4. Second Reading referred to Public Safety

  5. Authored by Senator Weaver

  6. First Reading

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

2 sponsors · 0 co-sponsors · 149 not signed on · 1 voted No

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (149)

149 members have not signed on to this bill.

Show all 149 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

public-safety transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 882?
SB 882 is sponsored by District 24 (Republican) and Emily Gise (Republican).
What is the current status of SB 882?
This bill is in committee in the Senate. Introduced February 03, 2025. It must pass committee before a floor vote.
Where can I track SB 882?
Track SB 882 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 882

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 882

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →