Requiring auto accident toxicology test be performed

The amendment target was updated from the original 'SB499 H JUD AM#1' to the 'engrossed committee substitute for the committee substitute' to align with the current legislative version.

The bill title was added to formally rename the legislation to 'SB499 HFAT Akers 3-13'.

All specific penalties, fines, and jail terms for driving under the influence were removed.

Legal definitions for terms like 'impaired state' and 'serious bodily injury' were removed.

Requirements for post-mortem blood testing and reporting of fatal accidents were removed.

The document structure changed from a full bill amendment to a procedural motion to strike the previous text.

New, stricter penalties for DUI causing death (felony with 3-30 years prison) and serious bodily injury (felony with 2-10 years prison) were added.

Provisions regarding the reporting of test results for deceased drivers and their use for statistical purposes were added.

Formal definitions for 'impaired state,' 'bodily injury,' 'serious bodily injury,' and 'test and lock program' were introduced.

Specific rules for underage drivers (under 21) regarding alcohol concentration limits and license suspension periods were added.

The original requirement for testing surviving operators was replaced with a new section detailing when and how law enforcement can require breath or blood tests from surviving drivers.

New subsections address habitual drug users, vehicle owners permitting impaired drivers, and enhanced penalties for drivers carrying unattended minors.

Added a specific causation requirement to subsection (a)(1), stating that probable cause must exist to believe the operator's impairment resulted in the fatal accident.

Updated the reporting committee from the Committee on the Judiciary to the Committee on Finance.

Changed the report date from February 27, 2026, to March 2, 2026.

Added Senators Deeds and Taylor to the list of bill sponsors.

Removed specific procedural requirements for obtaining warrants and subpoenas for secondary testing.

Added urine samples as a valid testing method alongside blood and breath.

Added voluntary consent as a standalone condition for testing, removing the strict requirement for a warrant in the new draft.

Replaced the full legal text with website navigation menus and a simplified summary of the bill.

Added new requirements for law enforcement to obtain preliminary and secondary breath or blood tests from surviving operators of vehicles involved in fatal crashes if probable cause exists.

Clarified that secondary blood tests on surviving operators without their consent require a warrant signed by a magistrate or circuit judge.

Added new reporting requirements for county medical examiners to submit post-mortem test results to the Office of the Chief Medical Examiner and the West Virginia State Police for statistical and safety purposes.

Added a preamble designating the new section as 'Miranda's Law' and updated the article title to reflect both fatal crashes and drug/alcohol testing.

Added an effective date provision stating the law goes into effect 90 days after passage (June 12, 2026).

Added a new section requiring blood, breath, or urine tests from surviving drivers in fatal crashes under four specific conditions: probable cause of impairment, voluntary consent, a valid search warrant, or a valid subpoena.

Changed the primary focus from criminal penalties for leaving the scene to civil and criminal immunity for persons conducting the required toxicology tests.

Removed the original definitions for 'bodily injury', 'physical injury', and 'serious bodily injury' which were part of the previous version.

Added immunity provisions to protect individuals conducting the tests from civil and criminal liability.

Removed the requirement that any death underlying a prosecution must occur within one year of the crash.