SB 132

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, Pelton B., Pelton R., 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:
        SECTION 1. Short title. The short title of this act is "Magnus'
Law".
       SECTION 2. Legislative declaration. ( 1) The general assembly
finds and declares that:
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and 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 of the USA Cycling National Team, was struck by a car and killed
while training on a Boulder roadway. The investigation uncovered evidence
that the car's driver consumed alcohol and drugs prior to the crash.
However, because no preliminary screening test was administered on the
scene, the driver was not charged with driving under the influence.
       (b) Allowing a law enforcement officer discretion to decide whether
to offer a voluntary preliminary screening test can result in inconsistent
investigation practices, particularly at scenes of serious collisions involving
multiple responding agencies where responsibility for specific investigative
steps may be unclear;
      (c) A preliminary screening test takes moments to administer.
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. As a result, the causes of some collisions may never be known.
       ( d) Requiring a law enforcement officer to offer a voluntary
preliminary screening test to a driver involved in a collision involving a
serious injury or fatality creates a clear protocol that removes ambiguity,
ensures that all drivers are treated equally, and gives victims' families
confidence that impairment will be investigated in every case;
       (e) "Magnus' Law" preserves the right of drivers to refuse a
voluntary preliminary screening test, imposes no penalty for refusal, and
does not alter existing evidentiary standards; 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 injury or fatality and that the opportunity to investigate
is never lost at the scene of the most serious collisions on Colorado's
roadways.
        SECTION 3. In Colorado Revised Statutes, 42-4-1301, add
(6)(i)(I.3), (6)(i)(l.4), (6)(i)(l.5), (6)(i)(l.6), and (9) as follows:
PAGE 2-SENATE BILL 26-132
       42-4-1301. Driving under the influence - driving while impaired
- driving with excessive alcoholic content - penalties - definitions.
      (6) (i) (1.3) FOLLOWING LA WFULCONTACTWITHAN INDIVIDUAL WHO
HAS BEEN DRIVING A MOTOR VEHICLE OR VEHICLE INVOLVED IN A COLLISION
RESULTING IN DEATH OR SUSPECTED SERIOUS BODILY INJURY, A LAW
ENFORCEMENT OFFICER SHALL OFFER THE DRIVER THE OPPORTUNITY TO
VOLUNTARILY SUBMIT A SAMPLE OF THE DRIVER'S BREATH FOR A
PRELIMINARY SCREENING TEST FOR ALCOHOL USING A DEVICE APPROVED BY
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT, AFTER FIRST ADVISING THE DRIVER THAT THE DRIVER MAY
REFUSE OR AGREE TO THE PRELIMINARY TEST, WHEN:
      (A) THE LAW ENFORCEMENT OFFICER HAS REASONABLE SUSPICION
THAT THE INDIVIDUAL IS THE DRIVER AND IS AT FAULT IN THE COLLISION;
      (8)   THE 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) THE LAW ENFORCEMENT OFFICER DOES NOT HA VE PROBABLE
CAUSE NECESSARY FOR THE EXPRESSED CONSENT REQUIREMENTS DESCRIBED
PURSUANT TO SECTION 42-4-1301.1.
      (1.4) NOTWITHSTANDING SUBSECTION ( 6)(i)(l.3) OF THIS SECTION, A
LAW ENFORCEMENT OFFICER IS NOT REQUIRED TO OFFER THE DRIVER THE
OPPORTUNITY TO VOLUNTARILY SUBMIT A SAMPLE OF THE DRIVER'S BREATH
FOR A PRELIMINARY SCREENING TEST FOR ALCOHOL PURSUANT TO
SUBSECTION (6)(i)(l.3) OF THIS SECTION IF THE LAW ENFORCEMENT
OFFICER'S INITIAL CONTACT WITH THE DRIVER:
      (A) OCCURS MORE THAN TWO HOURS FOLLOWING THE COLLISION; OR
      (8) ENDED,ANDTHEDRIVERHASLEFTTHESCENEOFTHECOLLISION
OR THE AREA WHERE LAW ENFORCEMENT MADE INITIAL CONTACT WITH THE
DRIVER AND THE DRIVER IS NOT IN LAW ENFORCEMENT'S PRESENCE BUT LAW
ENFORCEMENT SUBSEQUENTLY LEARNS THAT THE COLLISION INVOLVED
DEATH OR SERIOUS BODILY INJURY WHEN THAT WAS NOT INITIALLY
SUSPECTED OR KNOWN.
PAGE 3-SENATE BILL 26-132
        (I.5) WHEN, PURSUANT TO SUBSECTION (6)(i)(I.3) OF THIS SECTION,
A LAW ENFORCEMENT OFFICER ADVISES A DRIVER THAT THE DRIVER MAY
EITHER REFUSE OR AGREE TO VOLUNTARILY PROVIDE A SAMPLE OF THE
DRIVER'S BREATH FOR A PRELIMINARY SCREENING TEST, THE LAW
ENFORCEMENT OFFICER SHALL ADVISE THE DRIVER IN PLAIN LANGUAGE
THAT:
        (A) THE INDIVIDUAL IS BEING ASKED TO PROVIDE A SAMPLE OF THEIR
BREATH FOR A PRELIMINARY SCREENING TEST REGARDING WHETHER THEY
ARE INTOXICATED BECAUSE THEY WERE DRIVING A MOTOR VEHICLE OR
VEHICLE INVOLVED IN A SERIOUS COLLISION;
        (8) IF THE INDIVIDUAL TAKES THE PRELIMINARY SCREENING TEST,
THE RESULTS OR THE INDIVIDUAL'S REFUSAL TO TAKE THE TEST ARE NOT
ADMISSIBLE IN COURT;
        (C) IF THE INDIVIDUAL TAKES THE PRELIMINARY SCREENING TEST,
EVIDENCE OF INTOXICATION MAY BE USED AS EVIDENCE TO REQUEST
FURTHER TESTING THAT IS ADMISSIBLE IN COURT OR TO MAKE AN ARREST;
        (D) THE PRELIMINARY SCREENING TEST IS VOLUNTARY; AND
        (E)    IF THE INDIVIDUAL REFUSES TO TAKE THE PRELIMINARY
SCREENING TEST, THE REFUSAL DOES NOT AFFECT THE STATUS OF THEIR
DRIVER'S LICENSE.
        (l.6) IF A LAW ENFORCEMENT OFFICER IS UNABLE TO ADMINISTER A
PRELIMINARY SCREENING TEST FOR ALCOHOL BECAUSE THE DEVICE
MALFUNCTIONS OR IS UNABLE TO PRODUCE AV ALID 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
OFFICER SHALL DOCUMENT ON ANY REQUIRED INCIDENT REPORT RELATED TO
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.
PAGE 4-SENATE BILL 26-132
       SECTION 4. Appropriation. (I) For the 2026-27 state fiscal year,
$120,000 is appropriated to the department of natural resources for use by
the division of Colorado parks and wildlife. This appropriation consists of
$90,000 from the parks and outdoor recreation 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 implement this act, the division may use
this appropriation as follows:
        (a) $90,000 from the parks and outdoor recreation cash fund for
state parks operations; and
       (b) $30,000 from the wildlife cash fund for wildlife operations.
        SECTION 5. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
general assembly (August 12, 2026, if adjournment sine die is on May 13,
2026); except that, if a referendum petition is filed pursuant to section I (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 such case, will take effect on the date of the
official declaration of the vote thereon by the governor.
PAGE 5-SENATE BILL 26-132
       (2) This act applies to incidents occurring on or after the applicable
effective date of this act.
James Rashad Coleman, Sr.
PRESIDENT OF
                                             ~SPEAKER OF THE HOUSE
                                                                           .
THE SENATE  OF REPRESENTATIVES
~~~
Esther van Mourik  VaessaReilly
SECRETARY OF  CHIEF CLERK OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
       APPROVED en        Tu  ;J 'j-"~ ~fv\ ..-7J24 et\,+ \ 0:3d11M
                                        t and Time)
                  Jared S.
                  GOVE
PAGE 6-SENATE BILL 26-132