SB 31 — Relating to DNA data maintained for law-enforcement purposes

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 31 By SenatorSenators Oliverio [Introducedand onDeeds [Reported February 12,26, 2025;2025, from the Committee on the Judiciary] CS for SB 31 A BILL to amend and reenact §15-2B-2, §15-2B-3, §15-2B-5, §15-2B-6, §15-2B-9, and §15-2B-11 of the Code of West Virginia, 1931, as amended, relating to DNA that is maintained for law- enforcement purposes in West Virginia;

referred to the Committee on the Judiciary;

and then to the Committee on Finance] Intr SB 31 2025R1939 A BILL to amend and reenact §15-2B-2, §15-2B-3, §15-2B-5, §15-2B-6, §15-2B-9, and §15-2B-11 of the Code of West Virginia, 1931, as amended, relating to DNA that is maintained for law- enforcement purposes in West Virginia;

requiring DNA collection from all persons charged by indictment,indictment or information of any felony offense after a grand jury has returned an indictment,indictment or prosecution by indictment has been waived;

authorizing emergency,emergency and requiring, legislative rules;

requiring legislative rules;

and providing failure to expunge or reasonably delay expungement will not invalidate an identification, warrant, probable cause to arrestarrest, or arrest based upon a database match.

(a) It is the policy of this state to assist federal, state, and local criminal justice and law- enforcement agencies in the identification, detection, and exclusion of individuals persons who are subjects of the investigation or prosecution of violent crimes, sex-related crimes, and other crimes against the person.

In furtherance of such assistance, the Legislature finds DNA records are an important identification tool that can be used to confirm and verify information provided by fingerprints, and to identify additional information on potential criminal activity not available through other means.

In furtherance of such that assistance, the Legislature finds:

(b)(1) That the analysis of DNA contained in biological evidence that may be recovered from a crime scene facilitates such the identification, detection, and exclusion;

1 IntrCS for SB 31 2025R1939(2) (c) That the comparison of DNA data recovered from a crime scene with existing DNA records maintained in a central DNA database further facilitates such the identification, detection, and exclusion;

and That(3) requiring individuals (d) That requiring individuals persons who have been indicted by a grand jury for certain offenses, who have filed a waiver of indictment for certain offenses, and individualspersons who have been convicted of a felony offense or other certain offenses to submit to convicted of certain crimes to provide a sample for DNA analysis with the resulting eligible DNA records maintained in a central DNA database will likewise further facilitate the aforementioned identification, detection, and exclusion and may serve to discourage recidivism.

(e)(b) Therefore, the Legislature finds that assisting federal, state, and local criminal justice and law-enforcement agencies through the use and development of DNA analysis is of the utmost importance and urgency in this state and that a DNA identification system shall be established as described in this article.

The Forensic Analysis Laboratory of the Marshall University Forensic Science Center is hereby designated by the Legislature and the 2CS Intrfor SB 2025R193931 State Police to be a criminal justice agency for purposes of the laboratory's participation in the West Virginia DNA Database with its access limited to the missing persons, relatives of missing persons, and unidentified human remains databases as part of work performed for the National Missing and Unidentified Persons System.

(4) "Division" means the West Virginia State PolicePolice. (5) "DNA" means deoxyribonucleic acid.

(5) "DNA" means deoxyribonucleic acid.

"DNA“DNA analysis"analysis” means a laboratory analysis of a DNA specimen to identify DNA characteristics and to create a DNA record.

The DNA record is comprised of the characteristics of a DNA sample which are of value in establishing the identity of individuals.individuals persons.

The results of all DNA identification tests on an individual’s person’s DNA sample are also included as a "DNA record".

(7) "DNA sample" means a tissue, fluid, or other bodily sample, or cells collected through a buccal swab, also known as a buccal smear, that is collected from the inside of a person's cheek andthat is suitable for testing,testing provided pursuant to this article or submitted to the division laboratory of the West Virginia State Police for analysis pursuant to a criminal investigation.

(10) "Management rules"Rules" "Rules" means the rules promulgated by the West Virginia State Police that define all policy and procedures in the administration of this article.

3 IntrCS for SB 2025R193931 (12) "Qualifying offense" means any felony offense as described in §15-2B-6 of this code or any offense requiring a person to register as a sex offender under this code or the federal law.

or 4 IntrCS for SB 2025R193931 (3) Upon conviction of a felony offense or any of the offenses enumerated in subsections (b), (d), and (e) of this section.

(a) (b) Any person convicted of an offense described in §61-2-1, §61-2-4, §61-2-7, §61-2- 9, §61-2-9a (when that offense constitutes a felony), §61-2-10, §61-2-10a, §61-2-10b, §61-2-12, §61-2-14, or §61-2-14a of this code, or §61-8-12 of this code (when that offense constitutes a felony), shall provide a DNA sample to be used for DNA analysis as described in this articlearticle. Further, any person convicted of any offense described in §61-8B-1 et seq.

Further, Any person convicted of any offense described in §61-8B-1 et seq.

of this code shall provide a DNA sample to be used for DNA analysis as described by authorized by this article.

The DNA sample will shall be collected using a postage paid DNA collection kit provided by the West Virginia State Police.

5 IntrCS for SB 2025R193931 (f) (g) When a person required to provide a DNA sample pursuant to this section refuses to comply, the state shall apply to a circuit court for an order requiring the person to provide a DNA sample.

(h) (i) On the effective date of the amendments to this section enacted during the regular session of the Legislature in 2011, any Any person required to register as a sex offender in this state and who has not already provided a DNA sample in accordance with this article shall provide a DNA sample as determined by the registration agency in consultation with the West Virginia State Police Laboratory.

6 IntrCS for SB 2025R193931 (j) (k) If a person convicted of a qualifying offense is released without giving a DNA sample due to an oversight or error or because of the person’s transfer from another jurisdiction, the person shall give a DNA sample for inclusion in the state DNA database after being notified of this obligation.

(m) (n) Persons authorized to collect DNA samples shall may not be are not civilly or criminally liable for the collection of a DNA sample pursuant to this article if they perform these duties in good faith and in a reasonable manner according to generally accepted medical or other professional practices.

of this code establishing the procedure that an arresting authority shall use to obtain a DNA sample.

When any person convicted of an offense described in §15-2B-6 of this code is not incarcerated 7 IntrCS for SB 2025R193931 imprisoned, the sheriff in the county where the person is convicted shall ensure that the DNA sample is collected from the person:

Provided, That a DNA sample may be collected at a prison,prison state correctional facility, regional facility, or local hospital unit when so ordered by the sentencing court or other location determined by the sheriff.

(b) (c) The Superintendent of the West Virginia State Police shall promulgate a legislative rule propose rules for legislative approval pursuant to §29A-3-1 et seq.

At a minimum, these procedures shall require that when blood is withdrawn for the purpose of DNA identification testing, a previously unused and sterile needle and sterile vessel shall be used,used. the withdrawal shall otherwise be in strict accord with accepted medical practices and in accordance with any recognized medical procedures employing universal precautions as outlined by the Centers for Disease Control and Prevention.

NoThe civilwithdrawal liabilityshall attachesotherwise tobe anyin personstrict whenaccord thewith bloodaccepted wasmedical drawnpractices accordingand toin accordance with any recognized medical procedures employing universal precautions as outlined by the universalCenters precautions.for Disease Control and Prevention.

No personCivil isliability relievedattaches ofdoes liabilitynot forattach negligenceto inany theperson drawingwhen ofthe blood forwas purposesdrawn ofaccording DNAto testing.recognized medical procedures employing the universal precautions.

No A person is not relieved of liability for negligence in the drawing of blood for purposes of DNA testing.