55-10-419 - Blood alcohol or drug concentration test (BADT) fee Creation of TBI toxicology unit intoxicant testing fund. - Tennessee Statutes

55-10-419. Blood alcohol or drug concentration test (BADT) fee Creation of TBI toxicology unit intoxicant testing fund.

(a)  (1)  In addition to all other fines, fees, costs and punishments now prescribed by law, including the fee imposed pursuant to § 55-10-403(h), a blood alcohol or drug concentration test (BADT) fee in the amount of one hundred dollars ($100) shall be assessed upon conviction for a violation of § 39-13-106, § 39-13-213(a)(2), § 39-13-218 or § 55-10-401, for each offender who has taken a breath-alcohol test on an evidential breath testing unit provided, maintained and administered by a law enforcement agency for the purpose of determining the alcohol or drug content of the blood.

     (2)  In addition to all other fines, fees, costs and punishments now prescribed by law, including the fee imposed pursuant to § 55-10-403(h), a blood alcohol or drug concentration test (BADT) fee in the amount of one hundred dollars ($100) shall be assessed upon conviction for a violation of § 39-13-106, § 39-13-213(a)(2), § 39-13-218 or § 55-10-401, if the blood or urine of the convicted person was analyzed by a publicly funded forensic laboratory or other forensic laboratory operated by and located in counties having a population of not less than eighty-seven thousand nine hundred (87,900) nor more than eighty-eight thousand (88,000), according to the 2000 federal census or any subsequent federal census, for the purpose of determining the alcohol or drug content of the blood.

(b)  (1)  The fee authorized in subdivision (a)(1) shall be collected by the clerks of the various courts of the counties and forwarded to the state treasurer on a monthly basis for deposit in the Tennessee bureau of investigation (TBI) toxicology unit intoxicant testing fund created as provided in subsection (c), and designated for exclusive use by the TBI for the purposes set out in subsection (c).

     (2)  The fee authorized in subdivision (a)(2) shall be collected by the clerks of the various courts of the counties and shall be forwarded to the county trustees of those counties on a monthly basis and designated for the exclusive use of the publicly funded forensic laboratory in those counties.

(c)  There is created a fund within the treasury of the state, to be known as the TBI toxicology unit intoxicant testing fund.

     (1)  Moneys shall be deposited to the fund pursuant to subsection (b), and as may be otherwise provided by law, and shall be invested pursuant to § 9-4-603. Moneys in the fund shall not revert to the general fund of the state, but shall remain available for appropriation to the Tennessee bureau of investigation, as determined by the general assembly.

     (2)  Moneys in the TBI toxicology unit intoxicant testing fund and available federal funds, to the extent permitted by federal law and regulation, shall be used to fund a forensic scientist position in each of the three (3) bureau crime laboratories, to employ forensic scientists to fill these positions, and to purchase, maintain and upgrade the equipment and supplies necessary to examine and analyze, in a timely manner, the increased number of requests for determinations of alcohol concentration, the presence of narcotic or other drugs, or for both alcohol or drugs, in submitted blood samples resulting from permitting the testing for both alcohol and drugs of drivers of motor vehicles suspected to be operating in violation of § 55-10-401. To the extent that additional funds are available, these funds shall be used to employ or purchase such other personnel and equipment as may further allow the bureau to analyze and return the results of testing done on submitted blood samples in a more efficient and expeditious manner.

[Acts 2005, ch. 483, § 7; 2006, ch. 998, § 2; 2007, ch. 374, § 2.]