HB 55 ORAL FLUID DRUG DETECTION PILOT PROJECT

Rep Jimmy G Mason

Actions: HPREF [2] not prntd-HRC

Scheduled: Not Scheduled

 House Bill 55 (HB 55) relates to motor vehicles and creates the Oral Fluid Roadside Detection Pilot Project to test for drugs when a driver is stopped for driving under the influence, and appropriates $650,000 from the Cannabis Regulation Fund to the Department of Public Safety to conduct this project. 

 House Bill 55 (HB 55) Creates the Oral Fluid Roadside Detention Pilot Project (Project), a four-year project administered by the Department of Public Safety (DPS) and conducted by state police, sheriffs, and police department in Bernalillo, Dona Ana, San Juan, Lea and San Miguel counties.  The Project is intended to investigate the effectiveness of using a handheld roadside detection device (Device) that tests a driver’s saliva for the presence of drugs when an officer has reasonable suspicion that the driver is under the influence of intoxicating liquor or drugs. The Project is also intended to determine if the Device could replace the need for a drug recognition expert, and whether the Device is an efficient and cost effective aid to law enforcement.  

DPS is required to convene an expert panel to assist in designing the Project and create rules for the conduct of the Project. DPS must purchase these Devices (agencies that already possess such Devices may use their own), provide the Devices to participating officers, and train officers in their use.  

The bill provides that participation in the roadside oral fluid testing is voluntary for the driver and can only be used to determine probable cause – detection of a drug must be confirmed by a blood test. 

Each law enforcement agencies participating in the Project must collect monthly data to determine the efficacy of using the Device for testing and arrest and conviction rates. DPS must use this data to evaluate the accuracy of the Device, its ease of use, and whether law enforcement found the Devices effective.  DPS must provide reports to the legislative and executive branches.  

DPS must have this Project operational by January 1, 2025.  The bill appropriates $650,000 from the Cannabis Regulation Fund to DPS for use in Fiscal Years 2025 through 2028 to conduct the Project and purchase Devices and other related expenses.