COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 524
(By Senators Kessler, Oliverio, Plymale, Edgell, Anderson, Redd,
Sharpe, Unger and Snyder)
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[Originating in the Committee on the Judiciary;
reported February 26, 2002.]
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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 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, or of an attempt to commit a violation of section one
or section 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 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 of an
attempt to commit such offense or eight-d of said chapter shall
provide a blood 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 blood provide 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 blood 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 shall
provide a DNA 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 provide a DNA sample as required by this section refuses to
comply with any blood testing do so, the state shall apply to a
circuit court for an order requiring the prisoner person to permit
a blood provide a DNA sample to be withdrawn for the purpose of DNA
typing and testing. The circuit court shall order the prisoner to
submit to blood DNA testing in conformity with the provisions of
this article.
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(NOTE: The purpose of this bill is to require DNA samples for
DNA analysis from persons convicted of certain 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.)