summary
Introduced
02/12/2025
02/12/2025
In Committee
02/26/2025
02/26/2025
Crossed Over
Passed
Dead
04/12/2025
04/12/2025
Introduced Session
2025 Regular Session
Bill Summary
A BILL to amend and reenact §15-2B-2, §15-2B-3, §15-2B-5, §15-2B-6, §15-2B-9, and §15-2B-11 of the Code of West Virginia, 1931, as amended, relating to DNA that is maintained for law-enforcement purposes in West Virginia; providing updates for the policy of maintaining DNA; defining terms; requiring DNA collection from all persons convicted of felonies and certain misdemeanors; requiring DNA collection from all persons charged by indictment or information of any felony offense after a grand jury has returned an indictment or prosecution by indictment has been waived; adding qualifying offense of domestic battery; specifying testing methods; authorizing emergency rules; requiring legislative rules; specifying expungement in certain circumstances; and providing failure to expunge or reasonably delay expungement will not invalidate an identification, warrant, probable cause to arrest, or arrest based upon a database match.
AI Summary
This bill updates West Virginia's laws concerning DNA collection and maintenance for law enforcement purposes. The legislation expands requirements for DNA sample collection to include all persons charged with or convicted of certain felonies and specific misdemeanors, including those indicted by a grand jury or who have waived indictment. Key provisions include mandating DNA collection from individuals 18 years and older upon conviction or indictment of specified offenses, adding domestic battery as a qualifying offense, and establishing clear procedures for DNA sample collection, analysis, and storage. The bill emphasizes that DNA records can be a crucial identification tool that not only helps investigate crimes but can also potentially exonerate wrongly accused individuals. The legislation also introduces a detailed expungement process, allowing individuals to have their DNA records removed under specific circumstances, such as case dismissal or acquittal. Importantly, the bill stipulates that any identification or arrest based on a database match remains valid even if there are delays or errors in expunging records. The West Virginia State Police will oversee the implementation of these provisions, including developing rules for sample collection and maintaining the state DNA database.
Committee Categories
Budget and Finance, Justice
Sponsors (2)
Last Action
To Finance (on 02/26/2025)
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