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.