ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 524
(Senators Kessler, Oliverio, Plymale, Edgell, Anderson, Redd, Sharpe, Unger
and Snyder, original sponsors)
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[Passed March 9, 2002; to take effect July 1, 2002.]
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AN ACT 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 requiring DNA
samples for DNA analysis from persons convicted of certain
felonies in this state.
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. 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, 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 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 shall provide a DNA sample to be used for DNA analysis
as described in this article.
(b) All persons incarcerated in a 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, or who are convicted of any such
offense on or after the first day of July, one thousand nine
hundred ninety-five, shall have a DNA 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 DNA sample to be used for DNA analysis as described in
this article.
(d) Any person convicted after the first day of July, two
thousand two, 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) For the purposes of this section, the term "DNA sample"
means a tissue, fluid or other bodily sample of an individual on
which a DNA analysis can be done. The method of taking the "DNA
sample" is subject to the testing methods utilized by the West
Virginia state police crime lab.
()(f) When a person who is required to provide a DNA sample
as required by this section refuses to comply with any DNA testing,
the state shall apply to a circuit court for an order requiring the
person to provide a DNA sample to be withdrawn for the purpose of
DNA typing and testing. The circuit court shall order the person
to submit to DNA testing in conformity with the provisions of this article.
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