H. B. 2693
(By Delegates Stemple, Smirl, Faircloth and Amores)
[Introduced January 27, 2003; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact sections three and six, article two-b,
chapter fifteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, all relating to DNA
sample required for DNA analysis upon conviction; definitions;
and requiring DNA samples for certain prisoners.
Be it enacted by the Legislature of West Virginia:
That sections three and six, article two-b, chapter fifteen of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted, all to read as follows:
ARTICLE 2B. DNA DATA.
§15-2B-3. Definitions.
As used in this article the following terms have the
meanings specified:
(a) "DNA" means deoxyribonucleic acid. DNA is located in the
nucleus of cells and provides an individual's personal genetic blueprint. DNA encodes genetic information that is the basis of
human heredity and forensic identification.
(b) "DNA record" means DNA identification information stored
in any state DNA database pursuant to this article. The DNA record
is the result obtained from DNA typing tests. The DNA record is
comprised of the characteristics of a DNA sample which are of value
in establishing the identity of individuals. The results of all DNA
identification tests on an individual's DNA sample are also
included as a "DNA record".
(c) "DNA sample" means the DNA extracted from a blood sample
a tissue, fluid or other bodily sample of an individual on which
a DNA analysis can be done provided by any person individual
convicted of offenses covered by this article or submitted to the
division laboratory for analysis pursuant to a criminal
investigation.
(d) "FBI" means the federal bureau of investigation.
(e) "State DNA database" means all DNA identification records
included in the system administered by the West Virginia division
of public safety.
(f) "State DNA databank" means the repository of DNA samples
collected under the provisions of this article.
(g) "Division" means the West Virginia division of public
safety.
§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, 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 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 eight-d
of said chapter shall provide a 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 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 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; or of
an attempt to commit a violation of section one or section
fourteen-a, article two, chapter sixty-one of this code; or an
attempt to commit a violation of article eight-b of said chapter
shall provide a DNA sample to be used for DNA analysis as described
in this article.
(e) For the purposes of this section, the term "DNA sample"
means a tissue, fluid or other bodily sample of an individual on
which a DNA analysis can be done. The method of taking the "DNA
sample" is subject to the testing methods utilized by the West
Virginia state police crime lab.
(f) When a person who is required to provide a DNA sample as
required by this section refuses to comply with any DNA testing,
the state shall apply to a circuit court for an order requiring the
person to provide a DNA sample to be withdrawn for the purpose of
DNA typing and testing. The circuit court shall order the person to
submit to DNA testing in conformity with the provisions of this
article.
(g) The West Virginia state police may, where not otherwise mandated, require any person convicted after the first day of July,
two thousand three, of an offense which constitutes a felony
violation of the provisions of this code, including, but not
limited to, those specifically enumerated by this section, to
provide a DNA sample to be used for DNA analysis as described in
this article.
NOTE: The purpose of this bill is to provide the West Virginia
State Police the ability to define and draw DNA samples from
convicted felons for the purpose of maintaining a DNA database.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.