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Committee recommends SB 226 after amendment to require consistent toxicology testing in fatal crashes
Summary
SB 226, a bill to establish a more consistent process for toxicology testing in fatal motor‑vehicle crashes, received public support from a grieving spouse and cautious technical input from the Department of Public Safety; committee adopted an amendment after DPS raised warrant and probable-cause concerns and issued a unanimous favorable recommendation.
Senator Milner presented Senate Bill 226, which would set a consistent process for toxicology testing in fatal motor-vehicle crashes and allow chemical testing within 24 hours when appropriate. A family account was central to testimony: a witness said toxicology was not performed in her husband’s fatal crash, a gap that changed the level of charging in her case and left questions unanswered. “I was very alarmed to learn that toxicology testing was not conducted,” she said.
The Department of Public Safety (DPS) and the attorney general’s office reviewed the proposal and raised concerns about warrant requirements and probable cause for chemical testing. Beau Mason, commissioner of the Utah Department of Public Safety, told the committee the department would work with sponsors but emphasized that officers must have probable cause to obtain a warrant; he said DPS had produced draft language to address those concerns.
Sponsor and supporters said the intent is to ensure families and courts have the information necessary for appropriate charging and prosecution, and that testing could also exonerate drivers. The committee approved an amendment requested by DPS to refine warrant and evidence language, and after a sponsor summation the bill received a unanimous favorable recommendation to move forward.
