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SHB 1228

Momentum Bucket Strong Momentum
Legal Title AN ACT Relating to toxicology testing by certified or accredited laboratories;
Bill Description Concerning toxicology testing by certified or accredited laboratories.
What this bill does
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This bill amends RCW 46.61.506 and adds a new, time-limited section to chapter 43.43 RCW (the exact expiration date of the new section is not specified in the extracted facts). It makes procedural and evidentiary changes governing chemical tests for driving impairment: it declares that measured alcohol concentrations below 0.08 and THC concentrations below 5.00 (units specified as grams of alcohol per 210 liters of breath and nanograms per milliliter of whole blood for THC) are evidence that may be considered along with other competent evidence when determining impairment. The bill establishes a statutory definition of “prima facie evidence” and sets foundational requirements for admissibility of breath tests (including a 15-minute observation period, instrument calibration and verification messages, external standard temperature and result ranges, agreement between two breath samples within ±10 percent, and blank tests of .000); it also states that once a prima facie foundation is shown, challenges to reliability or instrument functioning go to the weight of the evidence rather than to admissibility. The bill creates procedural controls on who may perform and certify toxicology analyses and blood draws: analyses must be performed by persons using state toxicologist‑approved methods with a state toxicologist permit or by laboratories certified/accredited to ISO/IEC 17025 for forensic toxicology testing. The state toxicologist is directed to approve techniques, supervise examinations for qualifications, and issue or revoke permits. Blood withdrawal under RCW 46.20.308 is limited to specified licensed or certified health professionals or forensic phlebotomists certified under chapter 18.360 RCW, with rules about collection location and sterile technique; out‑of‑state jurisdictions’ authorized persons may draw blood when tests are conducted outside Washington. The bill allows a tested person to obtain additional tests by qualified providers and requires that full test information be made available to the tested person or their attorney on request. The bill permits use of out‑of‑state laboratories if they allow pretrial interviews of their expert witnesses by defense counsel and permit virtual trial appearances under specified conditions. It requires the Washington State Patrol to report to relevant legislative committees by October 1, 2031 on implementation, including the status of any backlog in toxicology testing and recommendations to address it; that reporting requirement expires January 1, 2032. The extracted facts do not identify which “department” is referenced, do not specify which legislative committees must receive the report, and do not include the text of or interactions with RCW 46.61.502 and 46.61.504, so those details are unclear from the provided material.
Why it matters
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If enacted, the law would make it easier for breath and blood test results that meet specific technical and observation standards to be admitted as evidence: alcohol under 0.08 g/210 L and THC under 5.00 ng/mL would be allowed as evidence of possible impairment when the testing followed the detailed calibration, observation, and sampling rules. The state toxicologist would take on new duties to approve methods, supervise qualifications, and issue permits, laboratories would generally need ISO/IEC 17025 accreditation or a permit to perform forensic toxicology testing (with out-of-state labs allowed only if they permit pretrial expert interviews and virtual testimony), and police and medical personnel would have to follow tighter procedures for breath observation, instrument checks, and who is authorized to draw blood. The people most directly affected are the state toxicologist (increased oversight work), laboratories (potential accreditation or permit costs and new procedural requirements), law enforcement (training and procedure changes to meet observation and calibration rules), and certain health professionals and certified phlebotomists (clearer limits and conditions on who may draw blood and where). Prosecutors and defense attorneys will have clearer access rules for expert witnesses. The Washington State Patrol must report to the legislature on implementation and testing backlogs by October 1, 2031. It is unclear from the provided text which specific "department" is referenced, which legislative committees should receive the report, and how these changes interact with the other cited RCW sections.
Official Documents View Full Bill Text
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SHB 1228 Details and Bill Topics

Details

Date Introduced 01/22/2026
Originating Chamber House
Biennium 2025-26
Total Campaign Dollars Backing Bill $686,315.19

Bill Topics

HAZARDOUS MATERIALS

SHB 1228 Sponsors and Committee Hearings

Sponsors

Representative Hackney (Primary)
Representative Barkis

Committee Hearings

Hearing House Community Safety (Public)
Hearing House Community Safety (Public)
Hearing House Community Safety (Executive)
Go to SHB 1228 at leg.wa.gov

SHB 1228 Bill Timeline

Strong Momentum
1/25/2026
HApprops
Referred to Appropriations.
1/21/2026
HApprops
CS - Majority; 1st substitute bill be substituted, do pass.
1/21/2026
HApprops
CS - Executive action taken by committee.
1/11/2026
HApprops
By resolution, reintroduced and retained in present status.
1/12/2025
HApprops
First reading, referred to Community Safety.
1/8/2025
HApprops
Prefiled for introduction.

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