The bill amends sections 17A-2-20 and 17C-5-7a of the West Virginia Code to clarify the legal representation and responsibilities during refusal review hearings related to secondary chemical tests. It specifies that either the prosecuting attorney of the county or the legal representative of the municipality with jurisdiction must attend these hearings, ensuring that the interests of the state are protected. Additionally, the bill clarifies that the Division of Motor Vehicles (DMV) does not hold the status of a party in these proceedings and that neither the prosecuting attorney nor the municipal representative can act as legal counsel for the DMV.

Furthermore, the bill outlines the process for refusal review hearings, including the conditions under which a person's license may be revoked for refusing to submit to a secondary chemical test. It establishes the responsibilities of the court, the requirements for evidence, and the consequences of a refusal, including the duration of license revocation based on prior offenses. The changes aim to streamline the legal process and clarify the roles of various parties involved in refusal review hearings.

Statutes affected:
Introduced Version: 17A-2-20, 17C-5-7a
Committee Substitute: 17A-2-20, 17C-5-7a
Enrolled Committee Substitute: 17A-2-20, 17C-5-7a