CHAPTER 86

FORMERLY

HOUSE BILL NO. 116

AN ACT TO AMEND CHAPTER 27, TITLE 21 OF THE DELAWARE CODE RELATING TO ADMISSIBILITY IN EVIDENCE OF RESULTS OF CHEMICAL TEST.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 27, of Title 21 of the Delaware Code by adding a new Section 2750 to read as follows:

"Section 2750. Admissibility in Evidence of Results of Chemical Test.

Upon the trial of any action or proceeding arising out of acts alleged to have been committed by any person while driving a motor vehicle in the State while under the influence of intoxicating liquor the court shall admit the results of a chemical test of the person's breath, blood or urine for the purpose of determining the alcoholic content of his blood according to the following standards:

(1) In a prosecution for violation of §4177 of this title the admissibility of said evidence shall be determined according to normal rules of search and seizure law unless the person was originally arrested for violation of 54177 in which case the provisions of this chapter concerning the administration of such tests, including the informing of the accused concerning the Implied Consent Law, shall apply.

(2) In a prosecution for any offense other than violation of §4177 of this title, the admissibility of said evidence shall be determined according to normal rules of search and seizure law. The determination of the admissibility of said evidence shall be made by the court based upon a determination as to the existence of probable cause, at the time of the test, to believe that the results of said test would constitute evidence of the person's commission of an offense. The fact that the defendant was initially arrested for a violation of §4177 of this title shall not render compliance with the provisions of this Chapter concerning the administration of such tests relevant to any question of admissibility when the prosecution is for an offense other than §4177. The admissibility of the results of any chemical test of blood, breath or urine will still be subject to any rules of evidence or procedures which effect the accuracy of the test results.

(3) The provisions of Title 24, Delaware Code §1703(g) shall not apply to the disclosure to law enforcement personnel nor the admissibility into evidence in any criminal proceeding of the results of a chemical test of a person's blood, breath or urine for the purpose of determining the alcohol content of his blood irrespective of whether such test was done at the request of a treating physician, other medical personnel or a peace officer.

Approved July 7, 1981.