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Committee Substitute House Bill 4322 History

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Key: Green = existing Code. Red = new code to be enacted


COMMITTEE SUBSTITUTE

FOR

H. B. 4322

(By Mr. Speaker, Mr. Kiss, and Delegates Staton, Hunt, Wills, Stemple, Smirl and Laird)


(Originating in the House Committee on the Judiciary

)

[February 2, 2000]


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 the taking of blood samples for DNA analysis; and requiring the taking of blood samples from persons convicted of certain additional 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:
§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 sections 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.
(b) All persons incarcerated in the a state penitentiary correctional facility or any county or 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-five, or who are convicted of any such offense on or after the first day of July, one thousand nine hundred ninety-five, shall have a blood sample drawn for purposes of analysis and storage of the DNA.
(c) Any person convicted of an offense described in sections five or thirteen, article two, chapter sixty-one of this code, sections one, two, three, four, five, seven, eleven, twelve (when that offense constitutes a felony) or subsection (a) of section thirteen, article three of said chapter, sections three, four, five or ten, article three-e of said chapter or section three, article four of said chapter shall provide a blood sample to be used for DNA analysis as described in this article.
(c) (d) 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.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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