LegislativeLabs.ai Logo
Legislative Labs
  • Bring the Statehouse to your House.
    • FAQ

      Help using Legislative Labs
    • Support

      Contact us for assistance.
    • Legal

      Terms & Conditions.
    • Privacy

      What we do with your information.
    • Choose Your Plan

      Track, Act, Learn.
    • Analytics

      Intelligence & analytics on previous sessions.
    • Bill History

      Detailed historical bill information.
    • Sponsor Detail

      Detailed sponsor bill performance.
    • About Us

      The reason for Legislative Labs.
    • Classroom

      Bring the Statehouse to the Schoolhouse.
    • BETA

      Session Dashboard

      Live predictions on introduced legislation.
    • BETA

      Bill Drafting

      Predictions on draft legislation.
    • BETA

      Legitron AI

      Legislation made simple with AI.
    • Session Results

      Legislative session analytics.
    • Sign in

2SSB 5880

Momentum Bucket Became Law
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
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.
Official Documents View Full Bill Text
Follow this bill

2SSB 5880 Position - A premium account is required to save position information.

Saving your position first...
Generating hearing testimony using your position and notes...
Generating Bill Comment using your position and notes...

Click to view plans

2SSB 5880 Details and Bill Topics

Details

Date Introduced 02/09/2026
Originating Chamber Senate
Biennium 2025-26
Total Campaign Dollars Backing Bill $117,808.62

Bill Topics

HAZARDOUS MATERIALS

2SSB 5880 Sponsors and Committee Hearings

Sponsors

Senator Wagoner (Primary)

Committee Hearings

Hearing Senate Law & Justice (Public)
Hearing Senate Law & Justice (Executive)
Hearing Senate Ways & Means (Public)
Hearing Senate Ways & Means (Executive)
Hearing House Community Safety (Public)
Hearing House Community Safety (Executive)
Go to 2SSB 5880 at leg.wa.gov

2SSB 5880 Bill Timeline

Became Law
3/17/2026
C 108 L 26
Effective date 6/11/2026*.
3/17/2026
C 108 L 26
Chapter 108, 2026 Laws.
3/17/2026
C 108 L 26
Governor signed.
3/11/2026
C 108 L 26
Delivered to Governor.
3/10/2026
C 108 L 26
Speaker signed.
3/9/2026
C 108 L 26
President signed.
3/8/2026
C 108 L 26
Passed final passage; yeas, 49; nays, 0; absent, 0; excused, 0.
3/8/2026
C 108 L 26
Senate concurred in House amendments.
3/5/2026
C 108 L 26
Third reading, passed; yeas, 96; nays, 0; absent, 0; excused, 2.
3/5/2026
C 108 L 26
Floor amendment(s) adopted.
3/3/2026
C 108 L 26
Rules Committee relieved of further consideration. Placed on second reading.
2/24/2026
C 108 L 26
Referred to Rules 2 Review.
2/23/2026
C 108 L 26
CS - Majority; do pass.
2/23/2026
C 108 L 26
CS - Executive action taken by committee.
2/16/2026
C 108 L 26
First reading, referred to Community Safety.
2/12/2026
C 108 L 26
Third reading, passed; yeas, 48; nays, 0; absent, 0; excused, 1.
2/12/2026
C 108 L 26
Rules suspended. Placed on Third Reading.
2/12/2026
C 108 L 26
2nd substitute bill substituted.
2/9/2026
C 108 L 26
Placed on second reading by Rules Committee.
2/8/2026
C 108 L 26
Passed to Rules Committee for second reading.
2/8/2026
C 108 L 26
WM - Majority; 2nd substitute bill be substituted, do pass.
1/15/2026
Ssubst for
Referred to Ways & Means.
1/14/2026
Ssubst for
On motion, referred to Ways & Means.
1/14/2026
Ssubst for
LAW - Majority; 1st substitute bill be substituted, do pass.
1/11/2026
Ssubst for
First reading, referred to Law & Justice.
12/11/2025
Ssubst for
Prefiled for introduction.

You have 3 pending action.

Legitron™ is a trademark of Legislative Labs, Inc.

© 2026 - Legislative Labs