Measure is toned-down version of earlier draft that could conflict with state statutes, which require officers to use “all lawful means” to enforce drunken driving laws.

By Tony Plohetski (AMERICAN-STATESMAN STAFF)

Friday, October 23, 2009

Backing down from a more stringent measure, Austin City Council members Thursday approved a resolution saying it is their “clear will” that police officers not personally collect blood from people suspected of driving while intoxicated.

Council members had been set to vote on a proposal that would have directed City Manager Marc Ott to block officers from gathering such samples, but the council backed off that plan at the urging of city lawyers who said the measure could run afoul of state law.

The original proposal had been sponsored by Council Members Bill Spelman and Laura Morrison and Mayor Lee Leffingwell.

During Thursday’s meeting, police leaders told the council that they have abandoned plans to train a group of officers to act as phlebotomists.

“We have not trained anybody, nor are we currently training anyone” to collect blood, said Assistant Police Chief David Carter, who is the department’s chief of staff. “We do not expect to train anybody.”

Police Chief Art Acevedo had previously said he was interested in teaching officers to collect blood evidence, setting off a public debate that went on for months.

Assistant City Attorney David Douglas told council members before their vote that barring Austin officers from collecting such evidence could conflict with state statutes, which require officers to use “all lawful means” to enforce the law.

Civil libertarians oppose police officers taking blood, saying it could put the city at risk of lawsuits if a suspect is injured. They also said they thought city officials should instead focus their efforts on programs that would prevent drunken driving, such as offering free taxi rides for intoxicated motorists.

Spelman had said he thought police officers collecting blood also could lead to more complaints against officers.

Carter said the idea of having officers collect blood was first mentioned last year after police officials reviewed practices in other Texas cities. He said the department is now exploring other options and told council members Thursday that police officials have been, and will continue to, have blood drawn at Austin hospitals.

Austin police administrators also are in talks with Travis County Sheriff Greg Hamilton about creating a partnership in which blood would be drawn by phlebotomists at the county’s central booking facility, Carter said.

The resolution approved Thursday directs Ott to develop clear guidelines for the collection of blood specimens and bring them to the council by Feb. 19.

“The guidelines must explain who will collect the specimens and under what circumstances,” the resolution said.

Ott also must prepare a cost study for the new blood specimen program.

Officials from several groups, including representatives from the American Civil Liberties Union of Central Texas and Texans for Accountable Government, had initially asked for the resolution to ban police officers from drawing blood.

They also had sought a measure to prohibit police from conducting so-called “no refusal” operations, in which officers seek search warrants for the blood of drunken-driving suspects who refuse to provide breath tests. Such operations usually are conducted on holiday weekends.

The resolution did not address that issue.

Spelman said he learned from the city manager’s office and city attorneys last Friday that the original resolution might be in conflict with state laws.

“I think they were concerned about the City Council directing the police chief, through the city manager, to adopt a police procedure,” he said.

Spelman said he was pleased with the version that won approval Thursday, even though he said it is “clearly watered down from the original version.”

Debbie Russell, director of the Central Texas ACLU, said she also was pleased.

“There is simply no reason for officer-phlebotomists,” Russell said.

tplohetski@statesman.com;

445-3605

http://www.statesman.com/news/content/news/stories/local/2009/10/23/1023blooddraw.html

Posted in Uncategorized