ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4322
(By Mr. Speaker, Mr. Kiss, and Delegates Staton, Hunt, Wills,
Stemple, Smirl and Laird)
[Passed February 23, 2000; in effect ninety days from passage.]
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 the taking of
blood samples for DNA analysis; and requiring the taking of
blood samples from persons convicted of certain additional
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.
(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 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) of 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.