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 individuals convicted of felonies and certain misdemeanors, as well as those charged with felonies after an indictment. A new qualifying offense of domestic battery is introduced, and the bill outlines specific methods for DNA testing. It also allows for the establishment of emergency and legislative rules regarding DNA collection and expungement processes, clarifying that delays in expungement do not invalidate any identification or arrest based on database matches.

Key changes include the redefinition of terms, such as replacing "individuals" with "persons," and the introduction of new provisions for DNA sample collection, which must occur after a grand jury indictment or waiver. The bill establishes that blood drawn for DNA testing must use a previously unused sterile needle and vessel, adhering to accepted medical practices. It also outlines the responsibilities of law enforcement agencies, provides protections for those collecting DNA samples in good faith, and allows for the expungement of DNA profiles under specific conditions. Individuals can apply for expungement at no cost, and the circuit court is responsible for ensuring records are purged in a timely manner. Overall, the legislation aims to enhance DNA record management while ensuring compliance with legal and medical standards.

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