H. B. 4322
(By Mr. Speaker, Mr. Kiss, and Delegates
Staton, Hunt, Wills, Stemple, Smirl and
Laird)
[Introduced January 31, 2000; 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 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 to read as follows:
§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
sections 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 the a state penitentiary
correctional facility or any 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 of an offense described in sections
five or thirteen, article two, chapter sixty-one of this code,
sections 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, sections 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) All persons incarcerated in a state correctional
facility or any regional jail in this state who are incarcerated
due to the conviction of any offense listed in subsection (c) of this section who are incarcerated on the first day of July, two
thousand, or who are convicted of any such offense on or after
the first day of July, two thousand, shall have a blood sample
drawn for purposes of analysis and storage of the DNA.
(c) (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 require the taking of
blood samples after conviction for certain additional offenses.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.