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Committee unanimously backs requiring consistent toxicology testing after fatal crashes, with DPS input
Summary
Senate Bill 226 would require more consistent chemical/toxicology testing in fatal vehicle crashes; sponsor, a victim’s family member and law‑enforcement testified and the committee adopted a stakeholder amendment before giving a unanimous favorable recommendation.
Senate Bill 226, sponsored by Senator Milner, would create a more consistent process for obtaining chemical or blood tests after fatal motor‑vehicle crashes to help courts and families determine whether substance use contributed to a death.
Senator Milner said the bill applies only to fatal accidents and to the driver who caused the crash. She introduced Danica Bigelow (identified earlier by the sponsor), who described the May crash that killed her husband, Lynn Bigelow, and said toxicology testing was not performed in that case; she said the absence of testing changed the level of criminal charge and left family members without important information.
Department of Public Safety Commissioner Beau Mason told the committee the department supports the goal but raised concerns that the bill, as drafted, could conflict with case law and that probable cause and warrant requirements constrain when testing may be compelled; DPS and the Attorney General’s office offered draft language to align the bill with warrants and case law. The committee adopted Amendment 1 to address drafting concerns. After public comment and follow‑up questions, the committee voted unanimously to forward the amended bill with a favorable recommendation.
Sponsor Milner said the bill would give courts and families more reliable information and could both exonerate drivers and supply evidence where impairment was an issue.
