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Introduced Version House Bill 2962 History

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Key: Green = existing Code. Red = new code to be enacted
hb2962 intr
H. B. 2962


(By Delegates D. Poling, Longstreth, Hamilton,
Klempa and Ellem)

[Introduced February 9, 2007; referred to the
Committee on the Judiciary.]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-412, relating to creating misdemeanor offenses for adulterating or defeating or attempting to adulterate or defeat bodily fluid test results and drug and alcohol tests; creating adulteration offenses; defining terms; and penalties for first, second and subsequent offenses.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §60A-4-412, to read as follows:
ARTICLE 4. OFFENSES AND PENALTIES.
§60A-4-412. Defeating drug and alcohol screening tests; penalties.

(a) Any person who:

(1) Knowingly sells, gives away, distributes or markets any substance or product in this state or transports such a substance or product into this state with the intent that the substance or product will be used to defeat a drug or alcohol screening test;
(2) Attempts to defeat a drug or alcohol screening test by the substitution of a false sample;
(3) Knowingly advertises for sale or distribution any substance or product the advertised purpose of which is to defeat a bodily fluid screening test for drugs or alcohol;
(4) Adulterates a bodily fluid sample with the intent to defeat a drug or alcohol screening test;
(5) Knowingly possesses adulterants for the purpose of defeating a drug or alcohol screening test; or
(6) Knowingly sells adulterants which are intended to be used to adulterate a urine or other bodily fluid sample for the purpose of defeating a drug or alcohol screening test.
(b) A person who violates a provision of subsection (a) of this section:
(1) For a first offense is guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars;
(2) For a second offense is guilty of a misdemeanor and, upon conviction, be fined not more than five thousand dollars; and
(3) For a third or subsequent offense is guilty of a misdemeanor and, upon conviction, be fined not more than ten thousand dollars or confined in jail for not more than one year, or both.
(c) As used in this section, "adulterate" means a substance that is not expected to be in human fluids but that is a concentration so high that it is not consistent with human bodily fluids, including, but not limited to:
(1) Bleach;
(2) Chromium;
(3) Creatinine;
(4) Detergent;
(5) Glutaraldehyde;
(6) Glutaraldehyde/squalene;
(7) Hydrochloric acid;
(8) Hydroiodic acid;
(9) Iodine;
(10) Nitrite;
(11) Peroxidase;
(12) Potassium dichromate;
(13) Potassium nitrate;
(14) Pyridinium chlorochromate; and
(15) Sodium nitrite.


NOTE: The purpose of this bill is to create misdemeanor criminal offenses for attempting to defeat urine and bodily fluid screens for drugs or alcohol.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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