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REFERENCE TITLE: DUI; oral fluid swab test |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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HB 2556 |
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Introduced by Representative Cobb
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AN ACT
amending sections 28‑1322 and 36‑2817, Arizona Revised Statutes; relating to oral fluid swab testing.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-1322, Arizona Revised Statutes, is amended to read:
28-1322. Preliminary breath tests and oral fluid swab tests; testing rules on approval of devices
A. A law enforcement officer who has reasonable suspicion to believe that a person has committed a violation of section 28‑1381 or 28‑1382 may request that the person submit to a preliminary breath test or tests before an arrest.
B. In addition to a breath test or tests, the officer may require that the person submit to further testing pursuant to section 28‑1321.
C. An officer of the department of public safety who has reasonable suspicion to believe that a person has committed a violation of section 28‑1381 that involves any drug defined in section 13‑3401 or its metabolite in the person's body may request that the person submit to a preliminary oral fluid swab test.
C. D. The director of the department of public safety shall adopt rules prescribing the approval of quantitative preliminary breath testing devices and preliminary oral fluid swab tests.
Sec. 2. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 36-2817, Arizona Revised Statutes, is amended to read:
36-2817. Medical marijuana fund; private donations
A. The medical marijuana fund is established consisting of fees collected, civil penalties imposed and private donations received under this chapter. The department shall administer the fund. Monies in the fund are continuously appropriated.
B. The director of the department may accept and spend private grants, gifts, donations, contributions and devises to assist in carrying out the provisions of this chapter.
C. Monies in the medical marijuana fund do not revert to the state general fund at the end of a fiscal year.
D. The director shall use monies in the fund to pay for preliminary oral fluid swab testing conducted by officers of the department of public safety pursuant to section 28‑1322, subsection C.
Sec. 3. Requirements for enactment; three-fourths vote
Pursuant to article IV, part 1, section 1, Constitution of Arizona, section 36-2817, Arizona Revised Statutes, as amended by this act, is effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature.