Relating to refusal review hearings
SB 575 clarifies that county prosecuting attorneys must personally attend all refusal review hearings for drivers who refused chemical tests during traffic stops. This directly affects drivers facing license suspension for refusing tests and county prosecutors, who now have a clear duty to represent the state at these hearings. The bill amends existing law to specify that county attorneys - not other legal representatives - must handle all proceedings to protect the state’s interests. It does not change the hearing process or criteria for determining refusal but ensures prosecutors are present to present evidence. This aims to streamline the review of license suspensions under West Virginia’s DUI laws.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
Senate Passage
Mar 2026
House of Delegates Passage
Mar 2026
Signed into Law
Jun 2026
Introduced Jan 22, 2026
Signed Jun 25, 2026
Maddy AI version diff · 4 comparisons
What changed between versions
sb575 h jud am _1 adopted.htm
→
sb575 hfat akers 3-12 adopted.htm
·
2 edits
MINOR
The bill's title was updated to reflect Delegate Akers' amendment, which clarifies the roles of legal representatives in refusal review hearings. The amendment ensures that county prosecuting attorneys or municipal legal representatives appear at hearings to protect the state's interests but explicitly states they cannot act as legal counsel for the Division of Motor Vehicles. It also clarifies that these legal services are not considered part of the commissioner's duties.
Scope change
The scope of the bill's applicability remains focused on refusal review hearings for driving under the influence, but the amendment clarifies the specific duties and limitations of legal representatives involved in these proceedings.
REQUIREMENT
Clarified that legal representatives appearing at refusal review hearings must attend to all matters to protect the state's interests but cannot serve as legal counsel for the Division of Motor Vehicles.
DEFINITION
Updated the bill title to accurately describe the amendment's focus on clarifying legal representation and the status of the Division of Motor Vehicles in refusal review proceedings.
Floor votes · Senate Feb 19, 2026 · House of Delegates Mar 13, 2026
How they voted
32–0
Passed · 1 other
Total votes 33
Feb 19, 2026
D
Democratic2
100% Yea
R
Republican31
96% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
42
Key actions
10
Committee
9
Amendments
1
Apr 1, 2026
Signed into law
Approved by Governor 4/1/2026
upper
Mar 14, 2026
Signed into law
Approved by Governor 4/1/2026 - House Journal
lower
Mar 14, 2026
Signed into law
Approved by Governor 4/1/2026 - Senate Journal
upper
Mar 14, 2026
Upper · Passed
Senate concurred in House amendments and passed bill (Roll No. 658)
upper
Mar 13, 2026
Lower · Passed
Title amendment adopted (Voice vote)
lower
Mar 13, 2026
Lower · Passed
Passed House (Roll No. 539)
lower
Mar 12, 2026
Lower · Passed
Committee amendment adopted (Voice vote)
lower
Mar 12, 2026
Introduced
Amendment reported by the Clerk
lower
Mar 11, 2026
Lower · Passed
With amendment, do pass
lower
Feb 20, 2026
Committee
To House Judiciary
lower
Feb 20, 2026
Committee
To Judiciary
lower
Feb 20, 2026
Introduced
Introduced in House
lower
Feb 19, 2026
Upper · Passed
Passed Senate (Roll No. 147)
upper
Feb 16, 2026
Upper · Passed
Reported do pass
upper
Feb 10, 2026
Committee
To Finance
upper
Feb 10, 2026
Committee
Committee substitute reported, but first to Finance
upper
Jan 22, 2026
Committee
To Judiciary
upper
Jan 22, 2026
Introduced
Introduced in Senate
upper
Jan 22, 2026
Committee
To Judiciary then Finance
upper
1 primary · 2 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Jason Barrett
RRepublican
Co
Tom Willis
RRepublican
Co
Vince Deeds
RRepublican
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