NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

CHAPTER 1089

HOUSE BILL 1191

AN ACT TO CLARIFY THE LAW CONCERNING THE WITHDRAWAL OF BLOOD FOR CHEMICAL TESTING FOR ALCOHOL UNDER THE IMPLIED-CONSENT STATUTE.

The General Assembly of North Carolina enacts:

Section 1.  The second sentence of G.S. 20-139.1(c) is deleted and the following sentences are inserted in lieu thereof:]

"If the person withdrawing the blood indicates his desire for written confirmation of the law enforcement officer's request for the withdrawal of blood, the officer shall furnish it prior to the withdrawal of blood. When blood is withdrawn pursuant to an officer's request, neither the person withdrawing the blood nor any hospital, laboratory, or other institution, person, firm, or corporation employing him, or contracting for the service of withdrawing blood, shall be held criminally or civilly liable by reason of withdrawing blood from another; provided that there shall be no immunity from liability for negligent acts or omissions in withdrawing blood from another pursuant to this section."

Sec. 2.  This act shall become effective October 1, 1980.

In the General Assembly read three times and ratified, this the 16th day of June, 1980.