The bill seeks to amend West Virginia's DNA data laws, focusing on the collection and maintenance of DNA for law enforcement purposes. It mandates DNA collection from all individuals convicted of felonies and certain misdemeanors, as well as those charged with felony offenses following a grand jury indictment. Notably, the bill introduces the qualifying offense of domestic battery and specifies the methods for DNA testing. It also allows for the establishment of emergency and legislative rules regarding DNA collection and expungement processes, ensuring that any failure to expunge or delays in expungement do not invalidate law enforcement actions based on DNA matches.

Significant changes include redefining "individuals" to "persons" and introducing new definitions such as "DNA analysis." The bill clarifies procedures for DNA sample collection, emphasizing that samples must be collected post-indictment or conviction, and outlines the responsibilities of law enforcement agencies. It provides protections for those collecting DNA samples, stating they will not be held civilly or criminally liable if acting in good faith. Additionally, the bill addresses blood withdrawal procedures for DNA testing, mandates the Superintendent of the West Virginia State Police to propose rules for DNA management, and introduces provisions for the expungement of DNA profiles from databases under specific conditions, ensuring a streamlined process for individuals seeking expungement.

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