SB 13
Relating to DNA data maintained for law-enforcement purposes
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill amends West Virginia’s code to update the policy regarding the maintenance of DNA data used for law enforcement purposes. It requires DNA collection from individuals convicted of felonies and certain misdemeanors, including a newly included offense of domestic battery. The bill also establishes procedures for DNA analysis, outlines requirements for expungement of DNA records, and addresses how the West Virginia State Police can collaborate with other agencies to manage the DNA database. Failure to expunge records will not invalidate identification or investigative actions based on DNA matches.
Key provisions
- Requires DNA collection from individuals convicted of felonies and certain misdemeanors, including domestic battery.
- Establishes procedures for DNA analysis, including testing methods and emergency rule authorization.
- Authorizes cooperative agreements between the West Virginia State Police and other agencies for DNA database management.
- Defines key terms related to DNA data and law enforcement, such as CODIS, conviction, and DNA record.
- Specifies conditions under which DNA records can be expunged.
- States that failure to expunge records will not invalidate identification or investigative actions.
- Outlines the process for obtaining a DNA sample, including the use of collection kits.
- Clarifies the role of the Marshall University Forensic Science Center in the DNA database.
Who is affected
- Convicted felons and certain misdemeanor offenders
- West Virginia State Police
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