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 Powered by Legitron
The bill amends RCW 46.61.506 and makes procedural changes governing the admissibility of blood, breath, and THC tests in motor vehicle cases. It directs the state toxicologist to approve methods, supervise examiners, and issue permits; permits may be terminated or revoked. The bill allows analyses to be performed by a permitted individual using state-toxicologist-approved methods or by laboratories accredited to ISO/IEC 17025 for forensic toxicology, and it authorizes local governments to accept private nongovernmental donations to facilitate testing but does not require them to fund testing.
The measure sets detailed foundational requirements for breath test admissibility (15-minute observation with no eating/drinking/smoking or foreign substances in the mouth, simulator temperature 34.0°C ±0.3°C, internal standard message “verified,” two samples agreeing within ±10% of their mean, external standard between 0.072 and 0.088, blank tests reading 0.000), and specifies measurement units and thresholds referenced for alcohol (grams per 210 liters of breath, .08) and THC (nanograms per milliliter of whole blood, 5.00). It limits who may withdraw blood under RCW 46.20.308 to specified licensed or certified health professionals and forensic phlebotomists certified under chapter 18.360 RCW, with special scene-collection and sterile-procedure requirements if a certified forensic phlebotomist performs the draw. Persons tested may obtain additional tests by qualified persons; such tests are admissible if the technique is generally acceptable, and the inability to obtain an additional test does not preclude admission of law-enforcement-administered tests.
The bill imposes contracting and procedural requirements when cities or counties request previously submitted evidence or use external laboratories: they must contract with the Washington State Patrol and reimburse its costs for release/transport of evidence, and must contract with external ISO/IEC 17025 laboratories before submitting evidence. Contracts must require laboratory personnel who perform analyses to be available for a defense interview at no cost (requested at least 30 days before trial, or within 10 days if the report was disclosed fewer than 30 days before trial) and to accept electronic service of pleadings, discovery, and subpoenas. The statute defines “prima facie evidence” for foundational showings and provides that challenges to reliability or instrument functioning do not bar admissibility once the prima facie showing is made but may affect the weight of the result. Section 1 of the act expires June 30, 2027, and Section 2 takes effect June 30, 2027.
The provided text is incomplete in places: portions referenced by subsection numbers (including subsection (3)(a)(ii)), the full beginning and end of Sec. 2, the identity of the referenced “department,” and any other sections of the act are not included here, so some cross-references and possible additional provisions could not be assessed. No changes to criminal penalties or the creation of new crimes are specified in the extracted facts.
Why it matters Powered by Legitron
If enacted, the bill gives the state toxicologist stronger control over who and what labs can do forensic alcohol and THC testing, requires that outside labs used by cities and counties be ISO/IEC 17025–accredited, and makes the Washington State Patrol and outside labs eligible for reimbursement when evidence is released for retesting. Local governments are not forced to pay for tests but cities/counties that want evidence retested must sign contracts both with the State Patrol (to cover its packaging, handling, and transport costs) and with the outside lab before submitting evidence; those contract and accreditation rules will likely increase administrative work and could raise costs or limit which labs a locality can use.
For people tested and defense attorneys, the bill makes breath and blood test results admissible if specific foundational checks are met (for example, a 15-minute observation, simulator temperature and blank test readings, agreement between two breath samples), requires labs to make full test information available on request, and obligates lab personnel to be available for defense interviews at no cost under set timelines. Blood draws are limited to certain licensed health professionals or certified forensic phlebotomists with additional safeguards for scene collections, and proof of qualification can be checked through the Department of Health; however, important cross-referenced subsections and the identity of the referenced “department” are not included in the provided text, so some implementation details and the full scope of obligations remain unclear.