SB 132 — Voluntary Alcohol Breath Test

NOTE:SENATE BILL 26-132 BY SENATOR(S)Roberts and Carson,Amabile, Baisley, Ball,Benavidez, Bridges, Bright, Catlin, Cutter, Daugherty, Exum, Frizell, Gonzales J., Hinrichsen, Jodeh, Kipp, Kirkmeyer, Kolker, Lindstedt,Liston,Marchman, Mullica, PeltonB., PeltonR., Rich, Rodriguez, Simpson, Snyder, Sullivan, Wallace, Weissman, Zamora Wilson, Coleman;

Thisalso billREPRESENTATIVE(S) hasJoseph beenand preparedSoper, forBarron, theBoesenecker, signaturesBradley, ofBrown, theCaldwell, appropriateCamacho, legislativeClifford, officersDuran, andFroelich, theGoldstein, Governor.Gonzalez R., Hamrick, Jackson, Keltie, Lieder, Nguyen, Paschal, Phillips, Ricks, Rutinel, Smith, Taggart, McCluskie.

ToCONCERNING determineA whetherREQUIREMENT theTHAT GovernorA hasLAW signedENFORCEMENT theOFFICER billOFFER orA takenVOLUNTARY otherPRELIMINARY actionSCREENING onTEST it,FOR pleaseALCOHOL consultTO theA legislativeDRIVER, statusAND, sheet,IN theCONNECTION legislativeTHEREWITH, history,MAKING orAN theAPPROPRIATION. Session Laws.

SENATEBe BILLit 26-132enacted BYSENATOR(S)RobertsandCarson,Amabile,Baisley,Ball,Benavidez,by Bridges,the Bright,GeneralAssembly Catlin,ofthe Cutter,State Daugherty,ofColorado: Exum, Frizell, Gonzales J., Hinrichsen,Jodeh,Kipp,Kirkmeyer,Kolker,Lindstedt,Liston,Marchman, Mullica,PeltonB.,PeltonR.,Rich,Rodriguez,Simpson,Snyder,Sullivan, Wallace, Weissman, Zamora Wilson, Coleman;

also REPRESENTATIVE(S) Joseph and Soper, Barron, Boesenecker, Bradley,Brown,Caldwell,Camacho,Clifford,Duran,Froelich,Goldstein, Gonzalez R., Hamrick, Jackson, Keltie, Lieder, Nguyen, Paschal, Phillips, Ricks, Rutinel, Smith, Taggart, McCluskie.

CONCERNING A REQUIREMENT THAT A LAW ENFORCEMENT OFFICER OFFER A VOLUNTARY PRELIMINARY SCREENING TEST FOR ALCOHOL TO A DRIVER , AND , IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .

Be it enacted by the General Assembly of the State of Colorado:

(1)( 1) The general assembly finds and declares that:

________ Capital letters oro& bold & italic numbers indicate new material added to existing law;

dashes through words or numbers indicate deletionsdeletionsfrom from existing law andandsuch such material is not part of the act.

(a) On July 29, 2023, at 12:28 p.m., Magnus White, a 17-year-old member ofofthe the USA CyclingCyclingNational National Team, was struck byaby a car and killed whiletrainingonaBoulderroadway.TheinvestigationuncoveredevidencewhiletrainingonaBoulderroadway. that the car's driver consumed alcohol and drugs prior to the crash.

Theinvestigationuncoveredevidence that the car's driver consumed alcohol and drugs prior to the crash.

(b) AllowingalawenforcementofficerdiscretiontodecidewhetherAllowingalawenforcementofficerdiscretionto decidewhether to offer a voluntary preliminary screening test can result in inconsistent investigationpractices,particularlyatscenesofseriouscollisionsinvolvinginvestigationpractices,particularlyatscenes multiplerespondingagencieswhereresponsibilityforspecificinvestigativeofserious collisions involving multiplerespondingagencieswhereresponsibility forspecific investigative steps may be unclear;

Without it, evidence suggesting a driver's sobriety or impairment may be permanently lost and the state must investigate a driver's sobriety or impairment through other means, at significant cost and with prolonged proceedings.Asaresult,thecausesofsomecollisionsmayneverbeknown.proceedings.

As aresult, the causes ofsome collisionsmayneverbeknown.

and (f) The purpose of "Magnus' Law" is to honor the memory of Magnus White by ensuring that a law enforcement officer always offers a voluntary preliminary screening test to a driver involved in a collision involving a serious injuryorinjury fatalityandor fatality and that the opportunitytoopportunity to investigate is never lost at the scene of the most serious collisions on Colorado's roadways.

In Colorado Revised Statutes, 42-4-1301, add (6)(i)(I.3), (6)(i)(I.4),(6)(i)(l.4), (6)(i)(I.5),(6)(i)(l.5), (6)(i)(I.6),(6)(i)(l.6), and (9) as follows:

Drivingundertheinfluence-drivingwhileimpairedDriving underthe influence -drivingwhile impaired - driving with excessive alcoholic content - penalties - definitions.

(6)(i)(I.3)OLLOWINGLAWFULCONTACTWITHANINDIVIDUALWHO(6) HASBEENDRIVINGAMOTORVEHICLEORVEHICLEINVOLVEDINACOLLISION(i) (1.3) FOLLOWINGLAWFULCONTACTWITHAN INDIVIDUAL WHO HAS BEEN DRIVINGA MOTOR VEHICLEOR VEHICLE INVOLVED IN ACOLLISION RESULTING IN DEATH OR SUSPECTED SERIOUS BODILY INJURYINJURY, , A LAW ENFORCEMENT OFFICER SHALL OFFER THE DRIVER THE OPPORTUNITY TO VOLUNTARILY SUBMIT A SAMPLE OF THE DRIVERDRIVER'S 'S BREATH FOR A PRELIMINARYSCREENINGTESTFORALCOHOLUSINGADEVICEAPPROVEDBYPRELIMINARY SCREENINGTEST FORALCOHOL USINGA DEVICEAPPROVED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENTENVIRONMENT, ,AFTERAFTER FIRST ADVISING THE DRIVER THAT THE DRIVER MAY REFUSE OR AGREE TO THE PRELIMINARY TESTWHENTEST, :WHEN:

(A) THE LAW ENFORCEMENT OFFICER HAS REASONABLE SUSPICION THAT THE INDIVIDUAL IS THE DRIVER AND IS AT FAULT IN THE COLLISIONCOLLISION; (B) T HE INDIVIDUAL WHO THE LAW ENFORCEMENT OFFICER REASONABLY SUSPECTS TO BE THE DRIVER AT FAULT IN THE COLLISION IS NOT SIGNIFICANTLY INJURED OR IN NEED OF IMMEDIATE MEDICAL ATTENTION ;AND (C) T HE LAW ENFORCEMENT OFFICER DOES NOT HAVE PROBABLE CAUSENECESSARYFORTHEEXPRESSEDCONSENTREQUIREMENTSDESCRIBED PURSUANT TO SECTION 42-4-1301.1.

(I.4)(8) NTWITHSTANDINGSUBSECTIONTHE (6)(i)(IOFTHISSECTIONINDIVIDUAL ,AWHO THE LAW ENFORCEMENT OFFICER ISREASONABLY NOTSUSPECTS REQUIRED TO OFFERBE THE DRIVER THEAT OPPORTUNITYTOVOLUNTARILYSUBMITASAMPLEOFTHEDRIVERFAULT SBREATHIN FORTHE ACOLLISION PRELIMINARYIS SCREENINGNOT TESTSIGNIFICANTLY FORINJURED ALCOHOLOR PURSUANTIN TONEED SUBSECTIONOF (6)(i)(I.OFIMMEDIATE THISMEDICAL SECTIONATTENTION; IF THE LAW ENFORCEMENT OFFICERS INITIAL CONTACT WITH THE DRIVE:

(A)AND OCCURSMORETHANTWOHOURSFOLLOWINGTHECOLLISION(C) ;ORTHE (B)LAW ENDED ANDTHEDRIVERHASLEFTTHESCENEOFTHECOLLISION ORTHEAREAWHERELAWENFORCEMENTMADE INITIALCONTACT WITHTHE DRIVERANDTHEDRIVERISNOTINLAWENFORCEMENT SPRESENCEBUTLAW ENFORCEMENT SUBSEQUENTLYOFFICER LEARNSDOES THATNOT THEHAVE COLLISIONPROBABLE INVOLVEDCAUSENECESSARY DEATHFORTHE OREXPRESSEDCONSENTREQUIREMENTS SERIOUSDESCRIBED BODILYPURSUANT INJURYTO WHENSECTION THAT42-4-1301.1. WAS NOT INITIALLY SUSPECTED OR KNOWN .

PAGE(1.4)NOTWITHSTANDING 3-SENATE BILL 26-132 (I.5) WHEN ,PURSUANT TO SUBSECTION (6)(i)(I.OFTHIS(6)(i)(l.3) SECTIONOFTHIS ,SECTION, A LAW ENFORCEMENT OFFICER ADVISESIS ANOT DRIVERREQUIRED THATTO OFFER THE DRIVER MAYTHE EITHEROPPORTUNITYTO REFUSE OR AGREE TO VOLUNTARILY PROVIDESUBMITASAMPLEOFTHE ADRIVER'S SAMPLE OF THE DRIVER S BREATH FOR A PRELIMINARY SCREENING TEST ,FOR THEALCOHOL LAWPURSUANT ENFORCEMENTTO OFFICERSUBSECTION SHALL(6)(i)(l.3) ADVISEOF THIS SECTION IF THE DRIVERLAW INENFORCEMENT PLAINOFFICER'S LANGUAGEINITIAL THATCONTACT :WITH THE DRIVER:

(A) TOCCURS HEINDIVIDUALISBEINGASKEDTOPROVIDEASAMPLEOFTHEIRMORETHANTWO BREATHHOURS FORFOLLOWINGTHECOLLISION; A PRELIMINARY SCREENING TEST REGARDING WHETHER THEY ARE INTOXICATED BECAUSE THEY WERE DRIVING A MOTOR VEHICLE OR VEHICLE INVOLVED IN A SERIOUS COLLISION;

(B)OR IF(8) THEENDED,ANDTHEDRIVERHASLEFTTHESCENEOFTHECOLLISION INDIVIDUALORTHE TAKESAREA THEWHERE PRELIMINARYLAW SCREENINGENFORCEMENT TESTMADE ,INITIAL THECONTACT RESULTSWITH ORTHE DRIVERAND THE INDIVIDUALDRIVER 'SISNOT REFUSALIN TOLAW TAKEENFORCEMENT'S PRESENCEBUTLAW ENFORCEMENT SUBSEQUENTLY LEARNS THAT THE TESTCOLLISION AREINVOLVED DEATH OR SERIOUS BODILY INJURY WHEN THAT WAS NOT ADMISSIBLEINITIALLY INSUSPECTED COURT;OR KNOWN.

(C)PA IFG THEE INDIVIDUAL3-SEN TAKESA THETEBILL PRELIMINARY26-132 SCREENING(I.5)WHEN, TESTPURSUANT ,TO EVIDENCESUBSECTION OF(6)(i)(I.OF INTOXICATIONTHIS MAYSECTION, BEA USEDLAW ASENFORCEMENT EVIDENCEOFFICER TOADVISES REQUESTA FURTHERDRIVER TESTING THAT ISTHE ADMISSIBLEDRIVER INMAY COURTEITHER REFUSE OR AGREE TO MAKEVOLUNTARILY ANPROVIDE ARRESTA ;SAMPLE OF THE DRIVER'S BREATH FOR A PRELIMINARY SCREENING TEST, THE LAW ENFORCEMENT OFFICER SHALL ADVISE THE DRIVER IN PLAIN LANGUAGE THAT:

(D)(A) TTHE HEINDIVIDUAL PRELIMINARYIS SCREENINGBEINGASKEDTO TESTPROVIDE ISASAMPLEOFTHEIR VOLUNTARYBREATH ;ANDFOR (E)A FPRELIMINARY THESCREENING INDIVIDUALTEST REFUSESREGARDING TOWHETHER TAKETHEY THEARE PRELIMINARYINTOXICATED SCREENINGBECAUSE TESTTHEY ,THEWERE REFUSALDRIVING DOESA NOTMOTOR AFFECTVEHICLE THEOR STATUSVEHICLE OFINVOLVED THEIRIN DRIVERA SSERIOUS LICENSE.COLLISION;

(I.6)(8) IIF ATHE LAWINDIVIDUAL ENFORCEMENTTAKES OFFICERTHE IS UNABLE TO ADMINISTER A PRELIMINARY SCREENING TESTTEST, FOR ALCOHOL BECAUSE THE DEVICERESULTS MALFUNCTIONS OR ISTHE UNABLEINDIVIDUAL'S TOREFUSAL PRODUCE A VALID RESULT ,OR IFTHE LAW ENFORCEMENT OFFICER IS UNABLE TO OFFERTAKE A PRELIMINARY SCREENING TEST FOR ALCOHOL BECAUSE A DEVICE IS UNAVAILABLE DUE TO EXTENUATING CIRCUMSTANCES OR CIRCUMSTANCES BEYOND THE LAW ENFORCEMENT OFFICER S REASONABLE CONTROL ,THE LAW ENFORCEMENT OFFICERSHALLDOCUMENTONANYREQUIREDINCIDENTREPORTRELATEDTO THE COLLISION THAT THE PRELIMINARY SCREENING TEST COULDARE NOT BEADMISSIBLE ADMINISTEREDIN ANDCOURT; THE REASON WHY IT COULD NOT BE ADMINISTERED .

(9)(C) AIF STHE USEDINDIVIDUAL INTAKES THISTHE SECTION,UNLESSPRELIMINARY THESCREENING CONTEXTTEST, OTHERWISEEVIDENCE REQUIRESOF ,INTOXICATION SERIOUSMAY BODILYBE INJURYUSED "AS HASEVIDENCE THETO MEANINGREQUEST SETFURTHER FORTHTESTING THAT IS ADMISSIBLE IN SECTIONCOURT 18-1-901.OR TO MAKE AN ARREST;

PAGE(D) 4-SENATETHE BILLPRELIMINARY 26-132SCREENING SECTION4.TEST IS VOLUNTARY;

Appropriation.(1)AND Forthe2026-27statefiscalyear,(E) $120,000IF isTHE appropriatedINDIVIDUAL toREFUSES theTO departmentTAKE ofTHE naturalPRELIMINARY resourcesSCREENING forTEST, useTHE byREFUSAL theDOES divisionNOT ofAFFECT ColoradoTHE parksSTATUS andOF wildlife.THEIR DRIVER'S LICENSE.

This(l.6)IF appropriationA consistsLAW ofENFORCEMENT $90,000OFFICER fromtheparksandoutdoorrecreationcashfundIS createdUNABLE inTO sectionADMINISTER 33-10-111A (1),PRELIMINARY C.R.S.,SCREENING andTEST $30,000FOR fromALCOHOL theBECAUSE wildlifeTHE cashDEVICE fundMALFUNCTIONS createdOR inIS section33-1-112(1)(a),C.R.S.Toimplementthisact,thedivisionmayuseUNABLE thisTO appropriationPRODUCE asAVALID follows:RESULT, OR IF THE LAW ENFORCEMENT OFFICER IS UNABLE TO OFFER A PRELIMINARY SCREENING TEST FOR ALCOHOL BECAUSE A DEVICE IS UNAVAILABLE DUE TO EXTENUATING CIRCUMSTANCES OR CIRCUMSTANCES BEYOND THE LAW ENFORCEMENT OFFICER'S REASONABLE CONTROL, THE LAW ENFORCEMENT OFFICERSHALLDOCUMENTON ANY REQUIRED INCIDENTREPORTRELATEDTO THE COLLISION THAT THE PRELIMINARY SCREENING TEST COULD NOT BE ADMINISTERED AND THE REASON WHY IT COULD NOT BE ADMINISTERED.

(9) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES, "SERIOUS BODILY INJURY" HAS THE MEANING SET FORTH IN SECTION 18-1-901.

PA G E 4-SEN A TE B IL 26-132 SECTION 4.

Appropriation.

(I) Forthe2026-27 state fiscal year, $120,000 is appropriated to the department ofnatural resources for use by the division ofColorado parks and wildlife.

This appropriation consists of $90,000 from the parks and outdoorrecreation cash fund created in section 33-10-111 (1), C.R.S., and $30,000 from the wildlife cash fund created in section 33-1-112 (l)(a), C.R.S.

To implementthis act, the division may use this appropriation as follows:

on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, ififadjournment adjournment sine die is on May 13, 2026);exceptthat,if2026); areferendumpetitionisfiledpursuanttosection1(3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in suchcase,willtakeeffectonthedateof the official declaration of the vote thereon by the governor.

PAGEexceptthat, 5-SENATEifa BILLreferendum 26-132petition (2)is Thisfiled pursuantto section I (3) of article V ofthe state constitution against this act appliesor toan incidentsitem, occurringsection, onor part ofthis act within such period, then the act, item, section, or afterpart will not take effect unless approved by the applicablepeople effectiveat the general election to be held in November 2026 and, in such case, will take effect on the date ofofthe thisofficial act.declaration ofthe vote thereon by the governor.