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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