WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Introduced Senate Bill 435
By Senators Woodrum, Hamilton, and Woelfel [Introduced January 12, 2024; referred to the Committee on the Judiciary]
 Intr SB 435 2024R2509
1 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
2 designated §61-6-26, relating to DNA collection; defining terms; providing for penalties;
3 and providing for enforcement.
Be it enacted by the Legislature of West Virginia:
ARTICLE 6. CRIMES AGAINST THE PEACE.
§61-6-26. Collection of DNA for felony convicts.
1 (a) Definitions:
2 (1) "DNA" means deoxyribonucleic acid.
3 (2) "CODIS" means the Combined DNA Index System.
4 (b) Any individual convicted of and sentenced for a felony crime shall provide authorities
5 with a DNA sample.
6 (c) The DNA collected from each person convicted of a felony shall be run against
7 evidence of other open cases and entered into CODIS.
8 (d) Any person who refuses to provide a DNA sample shall be guilty of a misdemeanor
9 and, upon conviction thereof, shall be fined not more than $100.
10 (e) This section shall be enforced by all law enforcement officers within their respective
11 jurisdictions.
NOTE: The purpose of this bill is to collect DNA from those convicted of crimes to assist in
solving other open criminal cases.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Statutes affected:
Introduced Version: 61-6-26