ENROLLED
Senate Bill No. 416
(By Senators Kessler, Oliverio, Chafin, Foster, Hunter, Jenkins, Minard,
Stollings, Wells, White, Barnes, Caruth, Deem, Hall, McKenzie and Yoder)
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[Passed March 5, 2007; in effect ninety days from passage.]
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AN ACT 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 the regional 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.
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