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Home » US Law » 2022 West Virginia Code » Chapter 15. Public Safety » Article 9B. Sexual Assault Examination Network

§15-9B-1. Sexual Assault Forensic Examination Commission

(a) The Sexual Assault Forensic Examination Commission is continued as a subcommittee of the Governors Committee on Crime, Delinquency and Correction. The purpose of the commission is to establish, manage, and monitor a statewide system to facilitate the timely and efficient collection, submission, testing, retention, tracking, and disposition of forensic evidence in sexual assault cases. […]

§15-9B-1a. Definitions

As used in this article: (1) “Biological evidence” includes a sexual assault forensic examination kit, semen, blood, saliva, hair, skin tissue, or other identified biological material.

§15-9B-2. Powers and Duties of the Commission

(a) The commission shall facilitate the recruitment and retention of qualified health care providers that are properly qualified to conduct forensic examinations. The commission shall work with county and regional officials to identify areas of greatest need, and develop and implement recruitment and retention programs to help facilitate the effective collection of evidence. (b) The […]

§15-9B-3. Local Sexual Assault Forensic Examination Boards

(a) Each county prosecutor, or his or her designee, shall convene a Sexual Assault Forensic Examination Board, or may, as an alternative, convene and chair the sexual assault response team in the county to act as the Sexual Assault Forensic Examination Board. If a regional board is authorized, all county prosecutors from the designated area […]

§15-9B-4. Submission, Testing, and Retention of Sexual Assault Forensic Examination Kits

(a) The Sexual Assault Forensic Examination Commission created by 15-9B-1 of this code shall establish a subgroup of persons with subject matter expertise to establish best-practice protocols for the submission, testing, retention, and disposition of sexual assault forensic examination kits collected by health care providers. The commission shall propose rules for legislative approval, in accordance […]

§15-9B-5. Offenses; Penalty

Any person who willfully neglects or refuses to do or perform any duty imposed by this article is guilty of a misdemeanor and, upon conviction, shall be fined not less than $50 nor more than $200, or be confined in jail for a period of not more than 60 days, or both fined and confined.