This bill sets up a formal process for law enforcement to request retention of blood samples collected during medical care when those samples may be relevant to a criminal or noncriminal investigation.
Key Provisions
Retention Requirement:
Health-care facilities licensed under Title 25 must retain blood draws or admission blood samples when served with a retention form by law enforcement.
Applies to samples collected in connection with an incident or injury, such as those drawn upon admission or prehospital emergency care.
Retention Form Details:
Law enforcement must create and complete a blood sample retention form including:
Date/time of submission
Name of facility
Officer’s name, signature, badge number
Subject’s name/DOB (if known)
Date/location of incident
Reason for the sample retention
Timing of Service:
The form must be served within 24 hours of the person arriving at the hospital or emergency facility.
Retention Duration:
The facility must retain the sample for 14 days from the date of the retention form's submission.
Sample Types Covered:
Applies to labeled blood tubes suitable for forensic testing that are not needed for patient care.
Limitations
This law does not expand the authority of police to obtain blood samples.
It does not create new search or warrant powers; it only applies to samples already drawn as part of medical care.
Effective Date
Takes effect 90 days after the 2025 legislative session ends, unless referred to voters.
If challenged via referendum, it takes effect only if approved in the November 2026 election.
Summary This bill creates a standard procedure for law enforcement to request temporary preservation of existing medical blood samples that could be useful in investigations, without changing the legal rules about when or how samples can be collected.
Summary
Current law does not require hospitals to hold on to blood draws
for any specific amount of time. The bill requires hospitals or other health-care facilities to retain blood draws or admission blood samples for 14 days if a peace officer submits a blood draw retention form. The bill also lists the requirements for a blood draw retention form.
