The bill seeks to amend West Virginia's DNA data laws to enhance 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.

Additionally, the bill redefines key terms, such as replacing "individuals" with "persons," and introduces new definitions like "DNA analysis." It clarifies procedures for DNA sample collection, emphasizing that samples must be collected post-indictment or conviction, and outlines the responsibilities of law enforcement agencies in this process. The bill also provides protections for those collecting DNA samples, stating they will not be held civilly or criminally liable if acting in good faith. Furthermore, it establishes procedures for the expungement of DNA records under specific conditions, allowing individuals to apply for expungement at no cost and ensuring that law enforcement actions remain valid despite any administrative delays in the expungement process.

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