Committee Substitute House Bill 2539 History

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H. B. 2539


         (By Delegates Frazier, Miley, Brown, Caputo,

Ellem, Hamilton, Longstreth, Moore and Sobonya)

         (Originating in the Committee on the Judiciary)

[January 25, 2011]


A BILL to amend and reenact §15-2B-3 and §15-2B-5 of the Code of West Virginia, 1931, as amended, all relating to authorizing the West Virginia State Police to enter into agreements with the Marshall University Forensic Science Center.

Be it enacted by the Legislature of West Virginia:

    That §15-2B-3 and §15-2B-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:


§15-2B-3. Definitions.

    As used in this article the following terms mean:

    (a) “CODIS” means the Combined DNA Index System, the national DNA database, established and funded by the FBI, and developed specifically to enable public forensic DNA laboratories to create searchable DNA databases of authorized DNA profiles.

    (a) (b) "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) (c) "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) (d) "DNA sample" means a tissue, fluid or other bodily sample suitable for testing, provided pursuant to this article or submitted to the division laboratory for analysis pursuant to a criminal investigation.

    (d) (e) “Division" means the West Virginia State Police.

    (d) (f) "FBI" means the Federal Bureau of Investigation.

    (e) (g) "State DNA database" means all DNA identification records included in the system administered by the West Virginia State Police.

    (f) (h) "State DNA databank" means the repository of DNA samples collected under the provisions of this article.

    (g) "Division" means the West Virginia state police.

§15-2B-5. Authority of division to enter into cooperative agreements.

    The division may enter into cooperative agreements with public or private agencies or entities to provide any a service or facility associated with the administration of the DNA database and databank. Provided, That the division is authorized only to contract services and/or facilities for DNA typing, testing and research with Marshall University. In the event the division enters into any agreements for the purposes of (1) testing of offender samples for CODIS; (2) criminal paternity cases; or (3) identification of human remains for the Office of Chief Medical Examiner using nuclear DNA technology, the division is authorized to only enter into such agreements with the Marshall University Forensic Science Center.

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