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Introduced Version Senate Bill 455 History

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SB455 intr
Senate Bill No. 455

(By Senators Hall, Bowman and Sypolt)

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[Introduced February 3, 2010; referred to the Committee on the Judiciary.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2B-6a, relating to requiring persons arrested for a felony to submit to a DNA sample; and providing procedures for expungement if the felony has been dismissed.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §15-2B-6a, to read as follows:
ARTICLE 2B. DNA DATA.
§15-2B-6a. Collection of DNA from arrested persons.
(a) A person eighteen years of age or over who is arrested for the commission of a felony under the laws of this state or any other jurisdiction shall provide a DNA sample to be used for DNA analysis as described in this article. A sample is not required if it is determined that a sample has previously been taken, is in the possession of the administrative center, has not been expunged pursuant to section eleven of this article and is sufficient for DNA identification testing.


(b) Any person acquitted of the felony or has the felony dismissed, whose DNA sample has been taken pursuant to subsection (a) of this section, may apply for expungement in accordance with the procedures set forth in section eleven of this article.

NOTE: The purpose of this bill is to require persons arrested for a felony to submit to a DNA sample; and providing procedures for expungement if the felony has been dismissed.

This section is new; therefore, strike-throughs and underscoring have been omitted
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