H. B. 4583
(By Delegates Angotti, Fragale, Stemple,
Cann and Hrutkay)
[Introduced February 22, 2002; referred to the
Committee on the Judiciary then Finance.]
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 requiring blood
samples for DNA analysis from all persons convicted of
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. 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), 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) Any person convicted after the first day of July, two
thousand two, of any other violation of law in this state (when
that offense constitutes a felony) shall provide a blood sample to
be used for DNA analysis as described in this article.
(d) (e) 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 blood samples
for DNA analysis from all persons convicted of felonies in this
state.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would be added.