§15-2B-1. Short Title
This article may be cited as the "DNA Database and Databank Act of 1995".
§15-2B-10. DNA Database Exchange
(a) The West Virginia State Police shall receive DNA samples, store, analyze, classify and file the DNA records consisting of all identification characteristics of DNA profiles from DNA samples submitted pursuant to the procedures for conducting DNA analysis of DNA samples. (b) The West Virginia State Police may furnish DNA records to authorized law-enforcement and […]
§15-2B-11. Expungement
(a) Any person convicted of a qualifying offense whose DNA record or profile has been included in the state database and whose DNA sample is stored in the state databank or the state’s designated DNA typing, testing, and research laboratory may apply for expungement on the grounds that the qualifying conviction that resulted in the […]
§15-2B-12. Confidentiality; Unauthorized Uses of DNA Databank; Penalties
(a) All DNA profiles and samples submitted to the West Virginia State Police pursuant to this article shall be treated as confidential except as provided in this article. (b) Any person who, by virtue of employment or official position has possession of or access to individually identifiable DNA information contained in the state DNA database […]
§15-2B-13. Neglect of Duties; Destruction of Samples; Penalties
(a) Any person who neglects or refuses to do or perform any act on his or her part to be done or performed in connection with the operation of this article is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $50 nor more than $200 or be imprisoned in […]
§15-2B-14. Right to DNA Testing
(a) A person convicted of a felony currently serving a term of imprisonment may make a written motion before the trial court that entered the judgment of conviction for performance (DNA) testing. (b) (1) An indigent convicted person may request appointment of counsel to prepare a motion under this section by sending a written request […]
§15-2B-15. Collection of Fees to Cover the Cost of DNA Profile Entry Into the DNA Database and DNA Databank; Cost of Collecting and Analyzing DNA Sample
For persons convicted after July 1, 2011, a mandatory fee of $150, which is in addition to any other costs imposed pursuant to statutory authority, shall automatically be assessed on any person convicted of, or adjudicated delinquent for, a qualifying offense, unless the court finds that undue hardship would result. This fee shall be collected […]
§15-2B-16. Partial Matches and the DNA Database
The division may use the data in the DNA database for partial match analysis for criminal investigations of murder, kidnapping and first and second degree sexual assault, as defined in this code, where all investigated leads have been exhausted. The division shall follow the standards and procedures defined in the Interim Plan when replying to […]
§15-2B-2. Policy
It is the policy of this state to assist federal, state, and local criminal justice and law-enforcement agencies in the identification, detection, and exclusion of individuals who are subjects of the investigation or prosecution of violent crimes, sex-related crimes, and other crimes against the person. In furtherance of such assistance, the Legislature finds: That the […]
§15-2B-3. Definitions
As used in this article: (1) “CODIS” means the Federal Bureau of Investigations Combined DNA Index System that allows the storage and exchange of DNA records submitted by federal, state, and local forensic DNA laboratories. The term “CODIS” includes the National DNA Index System administered and operated by the Federal Bureau of Investigation.
§15-2B-4. Division of Public Safety to Establish and Administer DNA Identification System; Inspection of Laboratories
(a) The division shall establish a DNA identification system consisting of a state DNA database and a state DNA databank compatible with the procedures specified by the FBI. (b) The division shall be the administrator of the state DNA databank and database and the DNA identification system. (c) The division shall supervise all DNA forensic […]
§15-2B-5. Authority of Division to Enter Into Cooperative Agreements
The division may enter into cooperative agreements with public or private agencies or entities to provide a service or facility associated with the administration of the DNA database and databank. In the event the division enters into any agreements for the purposes of: (1) Testing of offender samples for CODIS; (2) criminal paternity cases; (3) […]
§15-2B-6. DNA Sample Required for DNA Analysis Upon Conviction; DNA Sample Required for Certain Prisoners
(a) Any person convicted of an offense described in §61-2-1, §61-2-4, §61-2-7, §61-2-9, §61-2-9a (when that offense constitutes a felony), §61-2-10, §61-2-10a, §61-2-10b, §61-2-12, §61-2-14, or §61-2-14a of this code, or §61-8-12 of this code (when that offense constitutes a felony), shall provide a DNA sample to be used for DNA analysis as described in […]
§15-2B-7. Tests to Be Performed on DNA Sample
The tests to be performed on each DNA sample shall analyze and type the genetic markers contained in or derived from the DNA sample in accordance with rules promulgated under this article. Any rule regarding the typing and analysis of the DNA sample shall be consistent with any specifications required by federal law.
§15-2B-8. Maintenance of DNA Samples and Records
DNA records and samples shall be stored and maintained by the division in the state DNA database and databank, respectively. DNA samples, without personal identifying information, may also be stored in any DNA typing, testing and research laboratory selected by the division pursuant to section five of this article.
§15-2B-9. Procedures for Withdrawal of Blood Sample for DNA Analysis and for Conducting Analysis
(a) Upon incarceration, the Division of Corrections, regional jails and felon facilities shall ensure that the DNA sample is collected from all persons described in section six of this article. When any person convicted of an offense described in section six is not incarcerated, the sheriff in the county where the person is convicted shall […]