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Introduced Version House Bill 2456 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 2456


(By Delegate Pino)

[Introduced February 22, 2001 ; referred to the

Committee on the Judiciary.]





A BILL to amend and reenact section six, article two-b, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to extending blood sampling for DNA analysis of persons convicted of various felony and misdemeanor offenses.

Be it enacted by the Legislature of West Virginia:

That section six, article two-b, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 2B. DNA DATA.

§15-2B-6. Blood sample required for DNA analysis upon conviction; blood sample required for certain prisoners.

(a) Any person convicted of an offense described in section one, two, three, four, seven, nine, nine-a (when that offense constitutes a felony), ten, ten-a, ten-b, twelve, fourteen or fourteen-a, article two, chapter sixty-one of this code or section twelve, article eight of said chapter, when that offense constitutes a felony, shall provide a blood sample to be used for DNA analysis as described in this article. Further, any person convicted of any offense described in article eight-b or eight-d of said chapter shall provide a blood sample to be used for DNA analysis as described in this article Any person convicted of a violation of the following sections of this code shall provide a blood sample upon request to be used for DNA analysis pursuant to the provisions of this article: Section seven, article seven, chapter forty-nine of this code; sections one, two, three, four, five, seven, nine, ten, ten-a, ten-b, twelve, thirteen, fourteen, fourteen-a, article two, chapter sixty-one of this code; section one, two, three, four, five, eleven, thirteen, nineteen or thirty, article three of said chapter; section five, article four of said chapter; section fourteen, article eight of said chapter; section three, four, five, six, seven, eight, nine or ten, article eight-b of said chapter; section two, three, four or five, article eight-d of said chapter; a felony violation of the provisions of section nine-a, article two of said chapter; or a felony violation of section twelve, article eight of said chapter.
(b) All persons incarcerated in the state correctional facility or any county or regional jail in this state who are incarcerated due to the conviction of any offense listed in subsection (a) of this section who are incarcerated on the first day of July, one thousand nine hundred ninety-five two thousand one, or who are convicted of any such offense on or after the first day of July, one thousand nine hundred ninety-five two thousand one, shall have a blood sample drawn for purposes of analysis and storage of the DNA.
(c) Any person convicted after the first day of July, two thousand, of a violation of section five or thirteen, article two, chapter sixty-one of this code, section one, two, three, four, five, seven, eleven, twelve (when that offense constitutes a felony) or subsection (a), section thirteen, article three of said chapter, section three, four, five or ten, article three-e of said chapter or section three, article four of said chapter, shall provide a blood sample to be used for DNA analysis as described in this article.
(d) When a person who is required to submit to blood testing as required by this section refuses to comply with any blood testing, the state shall apply to a circuit court for an order requiring the prisoner to permit a blood sample to be withdrawn for the purpose of DNA typing and testing. The circuit court shall order the prisoner to submit to blood testing in conformity with the provisions of this article.


NOTE: The purpose of this bill is to add to the list of crimes, both felonies and misdemeanors, additional offenses which require DNA testing and profiling of persons convicted of these offenses.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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