SB 226 — Fatal Motor Vehicle Accident Amendments

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Fatal Motor Vehicle Accident Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:

Ann Millner House Sponsor:Steve Eliason 3 LONG TITLE General Description:

This bill {directs law enforcement to seek a warrant to administer } addresses requirements for a {drug and alcohol } chemical test {to a driver when the driver is } of an individual involved in a {fatal } motor vehicle accident.

▸ {directs } requires a peace officer investigating a fatal motor vehicle accident to {pursue } review the facts of the accident with a senior officer before declining to seek a warrant for a {drug test for a surviving driver} chemical test;

and S ▸ makes technical changes.

B Money Appropriated in this Bill:

2 None SB0226 compared with SB0226S02 Other Special Clauses:

41-6a-52041-6a-520, , as last amended by Laws of Utah 2023, Chapter 415 Be it enacted by the Legislature of the state of Utah:

41-6a-520.41-6a-520 .

(1)(1)(a) (a) [A person ] An individual operating a motor vehicle in this state [is considered to haveS.B. given the person's consent] consents to a chemical test or tests of the [person's ] individual's breath, blood, urine, or oral fluids [for the purpose of determining ] to determine whether the [person ] individual was operating or in actual physical control of a motor vehicle[ while]:

226 Enrolled Copy have given the person's consent] consents to a chemical test or tests of the [person's ] individual's breath, blood, urine, or oral fluids [for the purpose of determining ] to determine whether the [person ] individual was operating or in actual physical control of a motor vehicle[ while]:

or (iii) {[havinghaving any{]}any the individual had a} measurable controlled substance or metabolite of a controlled substance in the [person's ] individual's body in violation of Section 41-6a-517.

[(b) A test or tests authorized under this Subsection (1) must be administered at the direction of a peace officer having grounds to believe that person to have been operating or in actual physical control of a motor vehicle while in violation of any provision under Subsections (1)(a)(i) through (iii).] (b) A peace officer having reasonable suspicion to believe that an individual was operating or was in actual physical control of a motor vehicle in violation of an offense described in Subsections (1)(a)(1)(a)(i) (i) through (iii) shall direct that a test be administered as authorized in Subsection (1).

(c)(c)(i) (i) [The ] A peace officer determines which of the tests are administered and how many [of them] tests are administered.

- 2 - SB0226 compared with SB0226S02 [(ii) If a peace officer requests more than one test, refusal by a person to take one or more requested tests, even though the person does submit to any other requested test or tests, is a refusal under this section.] (ii) If a peace officer requests more than one test, refusal by an individual to take one or more requested tests, even if the individual submits to another requested test or tests, is a refusal under this section.

(d)(d)(i) (i) [A person ] An individual who has been requested under this section to submit to a chemical test or tests of the [person's ] individual's breath, blood, or urine, or oral fluids may not select the test or tests to be administered.

(2)(2)(a) (a) A peace officer requesting a test or tests shall warn [a person ] an individual that refusal- to2 submit- toEnrolled theCopy testS.B. or tests may result in criminal prosecution, revocation of the [person's ] individual's license to operate a motor vehicle, a [five or 10 year] five-year or 10-year prohibition of driving with [any] a measurable or detectable amount of alcohol in the [person's ] individual's body depending on the [person's prior] individual's driving history, and a [three-year] two-year prohibition of driving without an ignition interlock device if the [person] individual:

226 refusal to submit to the test or tests may result in criminal prosecution, revocation of the [person's ] individual's license to operate a motor vehicle, a [five or 10 year] five-year or 10-year prohibition of driving with [any] a measurable or detectable amount of alcohol in the [person's ] individual's body depending on the [person's prior] individual's driving history, and a [three-year] two-year prohibition of driving without an ignition interlock device if the [person] individual:

(b)(b)(i) (i) [Following the warning under Subsection (2)(a), if the person does not immediately request that the chemical test or tests as offered by a peace officer be administered, a ] A peace officer shall, on behalf of the Driver License Division and within 24 hours of the arrest, give notice of the Driver License Division's intention to revoke the [person's ] individual's privilege or license to operate a motor vehicle if, following the warning described in Subsection (2)(a), the individual does not immediately request that a chemical test or tests be administered as offered by a peace officer.

- 3 - SB0226 compared with SB0226S02 (ii) When a peace officer gives the notice on behalf of the Driver License Division, the peace officer shall supply to the operator, in a manner specified by the Driver License Division, basic information regarding how to obtain a hearing before the Driver License Division.

(c) { Ŝ→ {} {[} {[} {]} As a matter of procedure, [the{][the ] a {[{]} {A} peace officer shall submit a signed report, within 10 calendar days after the day on which notice is provided under Subsection (2)(b), that:]}that: (i) { ←Ŝ } { Ŝ→ {} {a }{} ←Ŝ } the peace officer {shall submit a signed report, within 10 calendar days after the day on which notice is provided under Subsection (2)(b), that:} had grounds to believe the arrested {(i)} [{the peace officer had grounds to believe the arrested } person ] individual {[{person } was in violation of {]} individual }[{was in violation of } any] a{[{any} provision under Subsections (1) (a)(i) through (iii);

and{]}(i) a}the (ii)peace {officer had grounds to believe the arrested [person ] individual was in violation of [any] a provision under Subsections (1)(a)(i) through (iii);

and}and (ii) the {(ii)}[person [{the } person ] individual {[{person } had refused to submit to a chemical test or tests under Subsection (1).{]}(1). individual } (3) [{had refused to submit to a chemical test or tests under Subsection (1).} Upon the request of the person {(3)} ] If an individual {[{Upon the request of the person } who was tested]} {If an individual } requests so{who was tested} , the results of the test or tests shall be made available to the { requests so}[{, the results of the test or tests shall be made available to the } person] individual{[{person} .{]} individual} (4) (a) {.} The {(4)} {(a)} [{The } person] individual{[{person} to be tested may, at the {]} individual}[{ to be tested may, at the } person's ] individual's {[{person's } own expense, have a physician or a physician assistant of the {]} individual's }[{own expense, have a physician or a physician assistant of the } person's ] individual's {[{person's } own choice administer a chemical test in addition to the test or tests administered at the direction of a peace officer.{]} individual's } (b) {own choice administer } The failure or inability to obtain the additional test does not affect admissibility of the results of the test or tests taken at the direction of a {chemical test in addition to - 4 - SB0226 compared with SB0226S02 } peace officer, or preclude or delay the test or tests {administered } to be taken at the direction of a peace officer.

{(b)}(3) (c)[Upon Thethe failurerequest orof inability to obtain the additionalperson test] {shallIf bean }individual doeswho notwas affecttested admissibilityrequests ofso, the results of the test or tests takenshall atbe themade directionavailable of a peace officer, or preclude or delay the test or tests to be taken at the direction[person] ofindividual. a peace officer.

{(c)}(4)(a) [{TheThe additional[person] testindividual shallto be }tested subsequentmay, at the [person's ] individual's own expense, have a physician or a physician assistant of the [person's ] individual's own choice administer a chemical test in addition to {thethe test or tests administered at the direction of a peace officer.

{(5)}- ]3 after{[{For- theS.B. purpose of determining whether to submit to a chemical } the test or tests{, } administered at the {person to be tested} direction of a peace officer.{]} An individual being asked to submit to a chemical test or tests} (5) [{ does not have } For the {right } purpose of determining whether to {consult an attorney } submit to a chemical test or {have an attorney} tests, {physician, or other } the person to be tested] An individual being asked to submit to a chemical test or tests{[{person } does not have the right to consult an attorney or have an attorney, physician, or other {]} individual }[{present } person ] individual {[{as a condition for the taking of any test} present {]} for the purpose of determining whether to submit to a chemical test or tests}[{.} as a condition for the taking of any test {(6)} ] for the purpose of determining whether to submit to a chemical test or tests{Notwithstanding the provisions in this section, a blood test taken under this section is subject to Section 77-23-213} .

{(7)}226 {(a)Enrolled ACopy peace(b) officerThe investigatingfailure aor motorinability vehicleto accidentobtain resulting in the deathadditional of an individual shall seek a search warrant authorizing a chemical test describeddoes innot Subsectionaffect (1)(a)admissibility of eachthe driverresults involvedof in the accident.}test {(b)or Thetests searchtaken warrantat requirementthe describeddirection inof Subsectiona (7)(a)peace appliesofficer, toor anpreclude accident involving one or moredelay of the following:}test {(i)or atests vehicleto andbe ataken pedestrian;}at {(ii)the adirection vehicleof anda anpeace object;officer.

or}(c) {(iii)The multipleadditional vehicles.}test {(c)shall Abe peace[subsequent officerto] mayafter administerthe a chemical test describedor intests Subsectionadministered (7)(a)at if:}the {(i)direction aof court issues a searchpeace warrantofficer. authorizing the chemical test;

or}(5) {(ii)[For the individualpurpose theof peacedetermining officerwhether wishesto submit to a chemical test givesor voluntarytests, consent.}the {(d)person Ato peacebe officertested] shallAn ensureindividual being asked to submit to a chemical test administeredor undertests thisdoes Subsectionnot (7):}have -the 5right -to SB0226consult comparedan withattorney SB0226S02or {(i)have isan attorney, physician, or other [person ] individual present [as a bloodcondition test;for the taking of any test] for the purpose of determining whether to submit to a chemical test or tests.

and} {(ii) if possible, is administered within 24 hours of an accident described in Subsection (7)(b).} {(e) The implied consent described in Subsection (1) alone does not authorize a chemical test described in Subsection (7)(a).} (6) Notwithstanding the provisions in this section, a blood test taken under this section is subject to Section 77-23-213.

Effective date.

3-1-26 7:18 PM - 64 -