HB 2612
Clarifying when DNA records may be used
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill clarifies the circumstances under which the West Virginia State Police can use DNA records. Specifically, it allows DNA records to be used to resolve paternity in abuse and neglect cases with a Circuit Court Order, and to provide DNA samples for criminal defense and appeal purposes. It also outlines permitted uses for DNA records, including law enforcement identification, judicial proceedings, population statistics, and unidentified remains identification, while ensuring compliance with federal law.
Key provisions
- Allows DNA records to be used to resolve paternity in abuse and neglect cases with a Circuit Court Order.
- Permits the release of DNA samples for criminal defense and appeal purposes to defendants.
- Defines permissible uses of DNA records, including law enforcement, judicial proceedings, and research.
- Authorizes the release of DNA samples to contracted agencies.
- Requires searches of the DNA database to comply with state and federal law.
- Specifies that DNA records can be shared with authorized agencies in the US, its territories, and other states.
- Outlines procedures for obtaining information from the state DNA database.
- Requires the West Virginia State Police to promulgate rules governing DNA database access.
Who is affected
- West Virginia State Police
- Law enforcement agencies
- Judicial agencies
- Defendants in criminal cases
- Circuit Courts
Notable changes
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