Committee forwards House Bill 5406 from State Police to full Senate; bill shifts forensic-lab oversight and updates DUI provisions

A legislative committee voted to report House Bill 5406 to the full Senate after counsel explained it as an agency bill from the West Virginia State Police that updates statutes relating to DUI and forensic procedures.

Counsel said, "Pending is House Bill 54 0 6, which comes to us as an agency bill from the West Virginia State Police. It amends and reenact 6 sections of code relating to DUI laws." Counsel explained the bill clarifies that the West Virginia State Police Forensic Laboratory, rather than the Bureau for Public Health, will set standards and provide certification to law enforcement operators and officers for equipment used to collect and analyze a breath sample. Counsel said the bill clarifies the definition of "law enforcement officer" to be consistent with existing code, adds phlebotomist as one of the professionals who may withdraw blood to determine BAC, removes propoxyphene from the drug list because it is no longer manufactured, eliminates outdated urine-collection references and makes multiple technical corrections. Counsel added there is no fiscal note and no second reference.

After counsel's explanation the vice chair moved to report the bill to the full Senate with a recommendation that it pass; the motion was adopted by voice vote and the chair declared the motion adopted.

Why it matters: The measure transfers standard-setting and certification authority for certain forensic functions to the State Police forensic lab, updates authorized blood-draw personnel, and cleans up obsolete drug and collection references in the code. The meeting record did not include a roll-call vote or additional public testimony.