COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 176
(By Senator Sprouse)
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[Originating in the Committee on the Judiciary;
reported February 5, 1999.]
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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 blood sampling
for DNA analysis of persons convicted of certain offenses.
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.
Any person convicted of a
violation of the following sections of this code shall provide a
blood sample upon request to be used for DNA analysis pursuant to
the provisions of this article: section seven, article seven,
chapter forty-nine of saidthis code; sections one, two, three, four,
five, seven, nine, ten, ten-a, ten-b, twelve, thirteen, fourteen,
fourteen-a, article two, chapter sixty-one of this code; sections
one, two, three, four, five, eleven, thirteen, nineteen or
thirty, article three of said chapter; section five, article four
of said chapter; section fourteen, article eight of said chapter;
section three, four, five, six, seven, eight, nine or ten,
article eight-b of said chapter; section two, three, four or
five, article eight-d of said chapter; a felony violation of the
provisions of section nine-a, article two of said chapter; or a
felony violation of section twelve, article eight of said
chapter.
(b) All persons incarcerated in the state penitentiary or
any 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-nine, or who are convicted of any
such offense on or after the first day of July, one thousand nine
hundred ninety-nine, shall have a blood sample drawn for purposes
of analysis and storage of the DNA.
(c) 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.
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(NOTE: The purpose of this bill is to add to the list of
crimes additional offenses which require DNA testing and
profiling of persons convicted of these offenses.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.)