The bill seeks to amend the Code of West Virginia to enhance the procedures for DNA collection and maintenance for law enforcement purposes. It mandates DNA collection from individuals convicted of felonies and certain misdemeanors, as well as those charged with felonies following a grand jury indictment. Notably, the bill introduces the qualifying offense of domestic battery and outlines the methods for DNA testing. It empowers the West Virginia State Police to create emergency and legislative rules regarding DNA collection and analysis, while also ensuring that the failure to expunge DNA records under specific circumstances does not invalidate law enforcement actions based on database matches.

Key changes include the insertion of new definitions and clarifications related to DNA analysis and the responsibilities of law enforcement agencies. The bill specifies that DNA samples can be collected post-indictment or conviction and details the conditions under which reasonable force may be employed to obtain samples from non-compliant individuals. It also emphasizes the importance of DNA records in criminal investigations and wrongful conviction exonerations. Additionally, the bill outlines procedures for blood withdrawal for DNA testing, mandates the Superintendent of the West Virginia State Police to propose rules for DNA sample management, and introduces provisions for the expungement of DNA records under certain conditions, ensuring that law enforcement actions remain valid despite delays in record purging.

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