H. B. 2023
(By Delegate Ellem)
[Introduced February 11, 2009; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §15-2B-6 of the Code of West Virginia,
1931, as amended, relating to providing all persons convicted
of a felony are subject to DNA testing.
Be it enacted by the Legislature of West Virginia:
That §15-2B-6 of the Code of West Virginia, 1931, 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, 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), any
felony who resides in this state 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,
whether it be a felony or a misdemeanor
shall provide a DNA sample to be used for DNA analysis as described
in this article.
(b) Any person presently incarcerated in a state correctional
facility or
a county or regional jail in this state after
conviction of any offense listed in subsection (a) of this section
shall provide a DNA sample to be used for purposes of DNA analysis
as described in this article.
(c) Any person convicted 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) (c) Any person convicted
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) (d) The method of taking the DNA sample is subject to the
testing methods utilized by the West Virginia State Police Crime
Lab.
(f) (e) When a person required to provide a DNA sample
pursuant to this section refuses to comply, the state shall apply
to a circuit court for an order requiring the person to provide a
DNA sample. Upon a finding of failure to comply, the circuit court
shall order the person to submit to DNA testing in conformity with
the provisions of this article.
(g) (f) The West Virginia State Police may, where not
otherwise mandated, require any person convicted of a felony
offense under the provisions of this code, to provide a DNA sample
to be used for the sole purpose of criminal identification of the
convicted person who provided the sample:
Provided, That the
person is under the supervision of the Criminal Justice System at
the time the request for the sample is made. Supervision includes
prison, the regional jail system, parole, probation, home
confinement, community corrections program, and work release.
(h) (g) No part of the genetic information that is authorized
to be collected pursuant to this article may be used for any
purpose other than to establish the identity of the individual.
The biological sample obtained to conduct the identity test not
necessary to conduct a present or future identity test shall be destroyed following the performance of the initial identity test
analysis.
NOTE: The purpose of this bill requires that all persons
convicted of any felony offense who reside in this state must
submit to DNA testing. The bill leaves intact provisions which
require DNA testing for certain misdemeanor convictions.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.