The bill amends the Code of West Virginia to improve the collection and maintenance of DNA for law enforcement purposes, focusing on identifying individuals involved in violent and sex-related crimes. It mandates DNA collection from all individuals convicted of felonies and certain misdemeanors, as well as those charged by indictment for felony offenses, including the newly added qualifying offense of domestic battery. Key changes include the requirement for DNA samples to be collected after a grand jury indictment or waiver of indictment, and the specification of buccal swabs as the method for DNA testing. The bill also outlines the responsibilities of law enforcement agencies in ensuring compliance and addresses the expungement of DNA records under certain circumstances, clarifying that delays in expungement do not invalidate law enforcement actions based on DNA matches.

Additionally, the bill establishes that individuals drawing blood for DNA testing will not face civil liability when following recognized medical procedures, while still being accountable for negligence. It mandates the Superintendent of the West Virginia State Police to propose rules for DNA sample collection, submission, analysis, and storage, ensuring alignment with federal standards. The legislation also allows agencies supervising individuals convicted of qualifying offenses to create their own rules for DNA collection and to contract third parties for this purpose. Provisions for the expungement of DNA records are included, allowing individuals to apply for expungement at no cost, while ensuring that any identification or arrest based on a database match remains valid despite any failure or delay in expungement. Overall, the bill aims to enhance DNA data management while protecting individual rights in cases of wrongful conviction or charge dismissal.

Statutes affected:
Introduced Version: 15-2B-2, 15-2B-3, 15-2B-5, 15-2B-6, 15-2B-9, 15-2B-11