VETOES

(iii) Advise the individual of the
administrative penalties that shall be imposed for refusal to
take the test; and

(iv) If the individual refuses to take the
test, send a sworn report to the Administration within 72 hours
after detention, that states:

1.  The officer had reasonable grounds to
believe that the individual had been driving or attempting to
drive a motor vehicle on a highway or on any private property
that is used by the public in general in this State while
intoxicated, while under the influence of alcohol, [or] in
violation of an alcohol restriction, IN VIOLATION OF 49 CFR §
392.5, OR IN VIOLATION OF § 16-813 OF THIS ARTICLE TITLE; and

2.  The individual refused to take the
chemical test for alcohol when requested by the police officer
and after being informed of the administrative penalties that
shall be imposed for refusal.

(c)  If a person is involved in a motor vehicle accident
that results in the death of another person and the person is
detained by a police officer who has reasonable grounds to
believe that the person has been driving or attempting to drive
while intoxicated [or], while under the influence of alcohol, IN
VIOLATION OF 49 CFR § 392.5, OR IN VIOLATION OF § 16-813 OF THIS
TITLE, the person shall be required to submit to a chemical test,
as directed by the officer, of the person's blood or breath to
determine the alcohol [content] CONCENTRATION of the person's
blood. If a police officer directs that a person's blood or
breath be tested for alcohol, then the provisions of § 10-304 of
the Courts and Judicial Proceedings Article shall apply. Any
medical personnel who perform any test required by this section
are not liable for any civil damages as the result of any act or
omission related to such test, not amounting to gross negligence.

(d)  (1) If a police officer has reasonable grounds to
believe an individual has been driving or attempting to drive a
motor vehicle while intoxicated [or] while under the influence of
alcohol, IN VIOLATION OF 49 CFR § 392.5, OR IN VIOLATION OF §
16-813 OF THIS TITLE, and if the police officer determines the
individual II unconscious or otherwise incapable of refusing to
take a chemical test for alcohol, the police officer shall:

(i) Obtain prompt medical attention for the
individual;

(ii) If necessary, arrange for removal of the
individual to a nearby medical facility; and

(iii) If a chemical test for alcohol would not
jeopardize the health or well-being of the individual, direct a

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