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 the redefinition of terms, such as replacing "individuals" with "persons," and the introduction of new definitions like "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 also provides protections for those collecting DNA samples, stating they will not be held 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 expungement provisions for DNA profiles under specific conditions, ensuring a clear process for individuals to apply for expungement at no cost.

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