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Introduced Version House Bill 2023 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2023


(By Delegate Ellem)
[Introduced February 11, 2009; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact §15-2B-6 of the Code of West Virginia, 1931, as amended, relating to providing all persons convicted of a felony are subject to DNA testing.

Be it enacted by the Legislature of West Virginia:
That §15-2B-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2B. DNA DATA.
§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 section one, 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), any felony who resides in this state shall provide a DNA 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, whether it be a felony or a misdemeanor shall provide a DNA sample to be used for DNA analysis as described in this article.
(b) Any person presently incarcerated in a state correctional facility or a county or regional jail in this state after conviction of any offense listed in subsection (a) of this section shall provide a DNA sample to be used for purposes of DNA analysis as described in this article.
(c) Any person convicted 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 DNA sample to be used for DNA analysis as described in this article.
(d) (c) Any person convicted of an offense which constitutes a felony violation of the provisions of article four, chapter sixty-a of this code; or of an attempt to commit a violation of section one or section fourteen-a, article two, chapter sixty-one of this code or an attempt to commit a violation of article eight-b of said chapter shall provide a DNA sample to be used for DNA analysis as described in this article.
(e) (d) The method of taking the DNA sample is subject to the testing methods utilized by the West Virginia State Police Crime Lab.
(f) (e) When a person required to provide a DNA sample pursuant to this section refuses to comply, the state shall apply to a circuit court for an order requiring the person to provide a DNA sample. Upon a finding of failure to comply, the circuit court shall order the person to submit to DNA testing in conformity with the provisions of this article.
(g) (f) The West Virginia State Police may, where not otherwise mandated, require any person convicted of a felony offense under the provisions of this code, to provide a DNA sample to be used for the sole purpose of criminal identification of the convicted person who provided the sample: Provided, That the person is under the supervision of the Criminal Justice System at the time the request for the sample is made. Supervision includes prison, the regional jail system, parole, probation, home confinement, community corrections program, and work release.
(h) (g) No part of the genetic information that is authorized to be collected pursuant to this article may be used for any purpose other than to establish the identity of the individual. The biological sample obtained to conduct the identity test not necessary to conduct a present or future identity test shall be destroyed following the performance of the initial identity test analysis.


NOTE: The purpose of this bill requires that all persons convicted of any felony offense who reside in this state must submit to DNA testing. The bill leaves intact provisions which require DNA testing for certain misdemeanor convictions.

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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