Loading chat...
IN SB0037
Bill
AI Summary
-
Director of the state department of toxicology shall adopt rules concerning standards and regulations for selection, training, and certification of breath test operators.
-
Director shall adopt rules concerning standards and regulations for selection and certification of breath test equipment and chemicals, and certification of proper breath test administration techniques.
-
Certifications may be sent in writing to county circuit court clerks or published on the department's Internet website, with failure to do so not invalidating any test.
-
Certifications published on the department's Internet website as electronic records bearing electronic signatures are admissible in proceedings under Indiana Code chapters 9-30-5, 9-30-9, or 9-30-15 and constitute prima facie evidence that equipment was inspected and approved within 180 days of the breath test and that operators and techniques were properly certified.
-
Breath analysis test results are inadmissible if the test operator, equipment, chemicals, or techniques have not been approved in accordance with department rules.
Legislative Description
Certifications concerning breath tests. Authorizes the department of toxicology (department) to publish certifications of breath test operators, breath test equipment and chemicals, and proper breath test administration techniques on its Internet web site. Provides that a certification published on the department's Internet web site and obtained from the department as an electronic record bearing an electronic signature: (1) is admissible in a proceeding involving the offense of operating a vehicle while intoxicated; and (2) constitutes prima facie evidence concerning the equipment used in administering a breath test, the technique used in administering the breath test, or the certification of the
Last Action
Public Law 38
4/13/2017