Senate Committee of Reference Report
Committee on Judiciary
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All text that will be removed from the bill will be indicated by strikethrough as follows:
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This is text that is removed from law. -
Text that is added to a bill will be indicated by either all capitals or bold & italic as follows:
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March 9, 2026
After consideration on the merits, the Committee recommends the following:
SB26-132 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend printed bill, page 3, line 14, after "(6)(i)(I.4)," insert "(6)(i)(I.5),
Page 1, Line 2(6)(i)(I.6),".
Page 1, Line 3Page 4, before line 10 insert:
Page 1, Line 4"(I.4) Notwithstanding subsection (6)(i)(I.3) of this section,
Page 1, Line 5a law enforcement officer is not required to offer the driver the
Page 1, Line 6opportunity to voluntarily submit a sample of the driver's
Page 1, Line 7breath for a preliminary screening test for alcohol pursuant to
Page 1, Line 8subsection (6)(i)(I.3) of this section if the law enforcement
Page 1, Line 9officer's initial contact with the driver:
Page 1, Line 10(A) Occurs more than two hours following the collision;
Page 1, Line 11or
Page 1, Line 12(B) Ended, and the driver has left the scene of the
Page 1, Line 13collision or the area where law enforcement made initial
Page 1, Line 14contact with the driver and the driver is not in law
Page 1, Line 15enforcement's presence but law enforcement subsequently
Page 1, Line 16learns that the collision involved death or serious bodily
Page 1, Line 17injury when that was not initially suspected or known.".
Page 1, Line 18Page 4, line 10, strike "(I.4)" and substitute "(I.5)".
Page 1, Line 19Page 5, after line 2 insert:
Page 1, Line 20"(I.6) If a law enforcement officer is unable to administer
Page 1, Line 21a preliminary screening test for alcohol because the device
Page 1, Line 22malfunctions or is unable to produce a valid result, or if the
Page 1, Line 23law enforcement officer is unable to offer a preliminary
Page 1, Line 24screening test for alcohol because a device is unavailable due
Page 1, Line 25to extenuating circumstances, the law enforcement officer
Page 2, Line 1shall:
Page 2, Line 2(A) Verbally document on the law enforcement officer's
Page 2, Line 3body-worn camera that the preliminary screening test could
Page 2, Line 4not be administered and the reason why it could not be
Page 2, Line 5administered; and
Page 2, Line 6(B) Document on any required incident report related to
Page 2, Line 7the collision that the preliminary screening test could not be
Page 2, Line 8administered and the reason why it could not be administered.".
Page 2, Line 9Strike ""Magnus" and substitute ""Magnus'" on: Page 2, line 2; and Page
Page 2, Line 103, lines 4 and 7.