West Virginia 2024 Regular Session Status: Enacted Bipartisan · 4 R · 1 D cosponsors

SB 539 — Creating cold case database

Last action — Chapter 232, Acts, Regular Session, 2024

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 24, 2024. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 7 sponsors

    1 primary, 6 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (4 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

1 added · 4 removed

Plain-language change summary

The amendment to Bill SB 539 changes its title to clarify that it focuses specifically on the establishment of a cold case database by the West Virginia Fusion Center. This updated title emphasizes the responsibilities of law enforcement in contributing information about unresolved criminal cases. This matters because it provides a clear framework for tracking cold cases, which could lead to new insights and potential resolutions for unsolved crimes, thereby supporting victims' families and enhancing public safety.

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SB539 H JUD AM #1Morgan 3345 The Committee on the Judiciary moved to amend the bill by striking everything after the enacting clause and inserting in lieu thereof the following:
SB539 HFAT Fast 3-1Morgan 3345 Delegate Fast moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:“A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15A-12-9, relating to requiring the West Virginia Fusion Center to create the cold case database;
   ARTICLE 12.
defining terms;
WEST VIRGINIA FUSION CENTER.
allowing law-enforcement agencies to provide information;
§15A-12-9.
explaining the types of cases to be included in the cold case database;
Cold case database.
explaining the state agency developing the cold case database;
(a) As used in this section:"CODIS" means the Combined DNA Index System;"Cold case" means any investigation into a qualifying crime, a missing person, or unidentified human remains where all investigative leads have been exhausted and the crime remains unsolved;
delineating the information that must be provided for inclusion in the cold case database for each investigation;
"Database" means the cold case database;
and delineating the information that may be provided for inclusion in the cold case database for each investigation if applicable to either the victim of the crime or the suspect in the crime.
"NAMUS" means the National Missing and Unidentified Persons System;
     AdoptedRejected 
"NCIC" means the National Crime Information Center;
"NCMEC" means the National Center for Missing and Exploited Children;"Qualifying crime" means felony offenses set forth in §61-2-1 et seq., §61-3-1, §61-3-2, §61-3-7, §61-3C-14b, §61-3E-1 et seq., §61-8-1 et seq., §61-8A-1 et seq., §61-8B-1 et seq., §61-8C-1 et seq., and §61-8D-1 et seq.
of this code;
and “ViCAP" means the Violent Crime Apprehension Program.
(b) The West Virginia Fusion Center shall develop a secure database that contains all information related to each cold case in any jurisdiction in the state.
(c) The West Virginia Fusion Center shall adopt policies and procedures to collect information for the database and for its maintenance.
(d) Each law-enforcement agency in the state and the State Fire Marshal’s Fire Investigation Division may provide the information required by the West Virginia Fusion Center for inclusion in the database for each cold case.
 Each law-enforcement agency and the office of the State Fire Marshal may maintain its physical evidence and investigation files for each cold case until the investigation is resolved.
(e) Information to be collected and maintained in the cold case database.
– Each law-enforcement agency in the state and the Fire Marshal’s Fire Investigation Division may provide a written report or other information to the West Virginia Fusion Center for inclusion in the database containing the following:
(1) The victim's:(A) Name;
(B) Gender;
(C) Race;
(D) Ethnicity;
and (E) Date of birth;
(2) The ViCAP number if the case has been entered into the ViCAP system;
(3) The NCMEC number if the case has been entered into the NCMEC system;
(4) Whether the case was entered into the NAMUS system;
(5) The NCIC number if entered into the NCIC system;
(6) The Medical Examiner case number;
(7) Whether a probative, unanalyzed suspect referenced DNA is available;
(8) Whether a probative crime scene DNA profile from the putative perpetrator has been uploaded to CODIS;
(9) Whether reference DNA from the victim is available;
(10) The West Virginia State Police Forensic Lab case number;
(11) The name of the agency investigating the case;
(12) The investigating agency’s phone number;
(13) The agency case number;
(14) Whether the victim was a juvenile or adult victim at the time the crime occurred;
(15) The date the crime was reported to the investigating agency;
(16) The date or approximate date the victim was last seen;
(17) The date or approximate date of death;
(18) The cause or manner of death;
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(19) The location where the body was found;
(20) Whether a weapon was used, and the type of weapon used;
(21) Whether the following evidence is available:
(A) Fingerprints;
(B) Palm prints;
(C) Latent prints;
(D) Dental records;
(E) Shell casings;
or (F) Other physical evidence;(22) Whether a suspect or person of interest has been identified;(23) Scars, marks, and tattoos and any other unique distinguishing features of any suspects or persons of interest;
(24) A case narrative;
and (25) Any other additional information that is pertinent to the case.
(f) The following information may be entered if applicable to either the victim or the suspect, but the law-enforcement agency shall specify which individual is being referenced:
(1) Vehicle information;
(2) Aliases;
(3) Associated case addresses;
(4) Associated phone numbers;
(5) Associated names;
(6) Case photos or composite drawings at the discretion of the investigating agency;
and (7) Any other additional information that is pertinent to the case.
(g) The West Virginia Fusion Center shall maintain the information contained within the database indefinitely.     AdoptedRejected
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Action History

  1. Chapter 232, Acts, Regular Session, 2024

  2. Approved by Governor 3/22/2024

  3. Approved by Governor 3/22/24 - House Journal

  4. Approved by Governor 3/22/2024 - Senate Journal

  5. To Governor 3/6/2024 - House Journal

  6. To Governor 3/6/2024

  7. House received Senate message

  8. Completed legislative action

  9. Communicated to House

  10. Senate concurred in House amendments and passed bill (Roll No. 349)

  11. House Message received

  12. Communicated to Senate

  13. Title amendment adopted (Voice vote)

  14. Passed House (Roll No. 433)

  15. Read 3rd time

  16. On 3rd reading, Special Calendar

  17. Committee amendment adopted (Voice vote)

  18. Read 2nd time

  19. On 2nd reading, Special Calendar

  20. Read 1st time

  21. On 1st reading, Special Calendar

  22. With amendment, do pass

  23. To House Judiciary

  24. Introduced in House

  25. Ordered to House

  26. Passed Senate (Roll No. 94)

  27. Read 3rd time

  28. On 3rd reading

  29. Read 2nd time

  30. On 2nd reading

  31. Read 1st time

  32. On 1st reading

  33. Committee substitute reported

  34. To Judiciary

  35. Introduced in Senate

  36. To Judiciary

  37. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 6 co-sponsors · 145 not signed on

Sponsors (1)

Co-sponsors (6)

Not signed on (145)

145 members have not signed on to this bill.

Show all 145 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 98 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 64002
Democrat 8000
Unaffiliated 26000
Total 98002
% of votes cast 98%0%0%2%
How each member voted (100)
Member Party Vote
Kirby — Yea
Ross — Yea
Forsht — Yea
Kump — Yea
Rowe — Yea
Foster — Yea
Linville — Yea
Smith — Yea
Longanacre — Yea
Steele — Yea
Griffith — Yea
Summers — Yea
Hamilton — Yea
Martin — Yea
Hardy — Yea
Tully — Yea
Warner — Yea
Nestor — Yea
Westfall — Yea
Devault — Yea
Phillips — Yea
Winzenreid — Yea
Householder — Yea
Espinosa — Yea
Fast — Yea
Jeffries — Yea
Evan Hansen Democrat Yea
Hollis Lewis Democrat Yea
Joey Garcia Democrat Yea
John Williams Democrat Yea
Kayla Young Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Adam Burkhammer Republican Yea
Adam Vance Republican Yea
Andy Shamblin Republican Yea
Betsy Kelly Republican Yea
Bill Ridenour Republican Yea
Bob Fehrenbacher Republican Yea
Bryan Ward Republican Yea
Charles Sheedy Republican Not Voting
Christopher W. Toney Republican Yea
Chuck Horst Republican Yea
Clay Riley Republican Yea
D. Rolland Jennings Republican Yea
Dana Ferrell Republican Yea
Darren Thorne Republican Yea
Dave Foggin Republican Yea
David Green Republican Yea
Elias Coop-Gonzalez Republican Yea
Eric Brooks Republican Yea
Erica Moore Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
Geno Chiarelli Republican Yea
George Miller Republican Yea
George Street Republican Not Voting
Henry Dillon Republican Yea
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Yea
Jimmy Willis Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
John Paul Hott Republican Yea
Jonathan Pinson Republican Yea
Jordan Bridges Republican Yea
Jordan Maynor Republican Yea
Josh Holstein Republican Yea
Kathie Hess Crouse Republican Yea
Keith Marple Republican Yea
Laura Kimble Republican Yea
Lori Dittman Republican Yea
Margitta Mazzocchi Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Michael Hite Republican Yea
Michael Hornby Republican Yea
Mickey Petitto Republican Yea
Pat McGeehan Republican Yea
Patrick Lucas Republican Yea
Phil Mallow Republican Yea
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Scot C. Heckert Republican Yea
Stanley Adkins Republican Yea
Trenton Barnhart Republican Yea
Vacant1 Republican Yea
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Yea
Wayne Clark Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 34 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 16000
Unaffiliated 17000
Democrat 1000
Total 34000
% of votes cast 100%0%0%0%
How each member voted (34)
Member Party Vote
MARONEY — Yea
STOVER — Yea
MARTIN — Yea
STUART — Yea
BOLEY — Yea
SWOPE — Yea
CAPUTO — Yea
NELSON — Yea
PHILLIPS — Yea
PLYMALE — Yea
TRUMP — Yea
HAMILTON — Yea
HUNT — Yea
JEFFRIES — Yea
SMITH — Yea
MR PRESIDENT — Yea
KARNES — Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Ben Queen Republican Yea
Charles H. Clements Republican Yea
Eric Tarr Republican Yea
Jack Woodrum Republican Yea
Jason Barrett Republican Yea
Jay Taylor Republican Yea
Laura Wakim Chapman Republican Yea
Mark R. Maynard Republican Yea
Mike Azinger Republican Yea
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Rollan A. Roberts Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea
Vince Deeds Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

Who sponsors SB 539?
SB 539 is sponsored by Mike Woelfel (Democrat), Maroney, Trump, Ryan Weld (Republican), Mike Oliverio (Republican), Vince Deeds (Republican), and Tom Takubo (Republican).
What is the current status of SB 539?
This bill has been enacted into law. Introduced January 24, 2024. Enacted.
Where can I track SB 539?
Track SB 539 free on One Click Politics — get push/email alerts when it moves.

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