West Virginia 2018 Regular Session Status: Enacted 1 D cosponsors

SB 36 — Relating generally to DNA testing

Last action — Chapter 207, Acts, Regular Session, 2018

  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 10, 2018. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

66 added · 64 removed

Plain-language change summary

The latest version of SB 36 includes several important updates related to DNA testing and the responsibilities of law enforcement. Notably, it provides clearer authority for the Sexual Assault Forensic Examination Commission to set time frames for DNA sample submissions, which can improve the efficiency of handling evidence. Additionally, the bill specifies that law enforcement officers can be exempt from civil and criminal liability when they collect DNA samples in good faith, potentially encouraging more thorough investigations while also ensuring accountability through requirements for handling erroneously obtained samples. These changes aim to enhance the integrity and effectiveness of forensic practices within the state.

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NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 36 History OTHER VERSIONS  —  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS SB36 SUB1 « Senate Bill 36 History OTHER VERSIONS  —  Enrolled Version - Final Version  |  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 36 Senators Woelfel and Plymale, original sponsors [Passed March 7, 2018;
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 36 By Senators Woelfel and Plymale [Originating in the Committee on the Judiciary;
in effect 90 days from passage]     AN ACT to amend and reenact §15-2B-2, §15-2B-5, §15-2B-6, and §15-2B-11 of the Code of West Virginia, 1931, as amended;
reported on February 9, 2018]     A BILL to amend and reenact §15-2B-2, §15-2B-5, §15-2B-6, and §15-2B-11 of the Code of West Virginia, 1931, as amended;
directing that erroneously obtained DNA samples be removed from database and samples destroyed;
directing that erroneously obtained DNA samples be removed from database and samples destroyed;  and clarifying that judicial expungement proceedings proceed by petition.
and clarifying that judicial expungement proceedings proceed by petition.
and That requiring individuals 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.
and That requiring individuals convicted of certain crimes to provide a blood 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.
(3) criminal casework;
or (3) criminal casework;
or (4) identification of human remains, it shall first attempt to contract with the Marshall University Forensic Science Center for such service or services.
or (4) identification of human remains, for the Office of Chief Medical Examiner using nuclear DNA technology, the division is authorized to only enter into such agreements with it shall first attempt to contract with the Marshall University Forensic Science Center for such service or services.
(a) 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 article.
(a) Any person convicted of an offense described in §61-1-1, §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 article.
(d) Any person convicted of an offense which constitutes a felony violation of the provisions of §60A-4-401 et seq.
(d) Any person convicted of an offense which constitutes a felony violation of the provisions of §60A-4-401 61A-4-1 et seq.
(i) When this state accepts a person from another state under any interstate compact, or under any other reciprocal agreement with any county, state, or federal agency or any other provision of law whether or not the person is confined or released, the transferred person must submit a DNA sample, if the person was convicted of an offense in any other jurisdiction which would be considered a qualifying offense as defined in this section if committed in this state, or if the person was convicted of an equivalent offense in any other jurisdiction.
(i) When this state accepts a person from another state under any interstate compact, or under any other reciprocal agreement with any county, state, or federal agency or any other provision of law whether or not the person is confined or released, the transferred person must submit a DNA sample, if the person was convicted of an offense in any other jurisdiction which would be considered a qualifying offense as defined in this section six if committed in this state, or if the person was convicted of an equivalent offense in any other jurisdiction.
(a) Any person convicted of a qualifying offense whose DNA record or profile has been included in the state database and whose DNA sample is stored in the state databank or the state’s designated DNA typing, testing, and research laboratory may apply for expungement on the grounds that the qualifying conviction that resulted in the inclusion of the person's DNA record or profile in the state database or the inclusion of the person's DNA sample in the state databank has been reversed and the case dismissed.
(a) Any person convicted of a qualifying offense whose DNA record or profile has been included in the state database and whose DNA sample is stored in the state databank or the state’s designated DNA typing, testing, and research laboratory may apply for expungement on the grounds that the felony qualifying conviction that resulted in the inclusion of the person's DNA record or profile in the state database or the inclusion of the person's DNA sample in the state databank has been reversed and the case dismissed.
The person seeking expungement, either individually or through an attorney, may petition the court for expungement of the record.
The person requesting seeking expungement, either individually or through an attorney, may apply to petition the court for expungement of the record.
A copy of the petition for expungement shall be served on the prosecuting attorney for the judicial district in which the qualifying conviction was obtained not less than 20 days prior to the date of the hearing on the petition.
A copy of the application petition for expungement shall be served on the prosecuting attorney for the judicial district in which the felony qualifying conviction was obtained not less than 20 days prior to the date of the hearing on the application petition.
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Action History

  1. Chapter 207, Acts, Regular Session, 2018

  2. Approved by Governor 3/27/18

  3. To Governor 3/19/18

  4. Approved by Governor 3/27/18 - Senate Journal

  5. Approved by Governor 3/27/18 - House Journal

  6. To Governor 3/19/18 - Senate Journal

  7. To Governor 3/19/18 - House Journal

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. Passed House (Roll No. 363)

  12. Read 3rd time

  13. On 3rd reading, Special Calendar

  14. Read 2nd time

  15. On 2nd reading, Special Calendar

  16. Read 1st time

  17. On 1st reading, Special Calendar

  18. Do pass

  19. To House Judiciary

  20. To Judiciary

  21. Introduced in House

  22. Ordered to House

  23. Passed Senate (Roll No. 121)

  24. Read 3rd time

  25. Laid over on 3rd reading 2/14/18

  26. On 3rd reading

  27. Read 2nd time

  28. On 2nd reading

  29. Read 1st time

  30. On 1st reading

  31. Committee substitute reported

  32. To Judiciary

  33. Reported do pass, but first to Judiciary

  34. To Health and Human Resources

  35. Introduced in Senate

  36. To Health and Human Resources then Judiciary

  37. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 150 not signed on

Sponsors (1)

Co-sponsors (1)

  • Plymale

Not signed on (150)

150 members have not signed on to this bill.

Show all 150 →

"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 97 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 67003
Republican 26000
Democrat 4000
Total 97003
% of votes cast 97%0%0%3%
How each member voted (100)
Member Party Vote
Romine, C. — Not Voting
Lane — Yea
Romine, R. — Yea
Foster — Yea
Blair — Yea
Atkinson — Yea
Bates — Yea
Boggs — Yea
Deem — Not Voting
Fast — Yea
Folk — Yea
Frich — Yea
Kessinger — Yea
Longstreth — Yea
Lovejoy — Yea
Lynch — Yea
Rodighiero — Yea
Rowan — Yea
Shott — Yea
Summers — Not Voting
Martin — Yea
Maynard — Yea
Sypolt — Yea
Thompson — Yea
Hartman — Yea
Walters — Yea
Nelson — Yea
Diserio — Yea
Phillips — Yea
Speaker Armstead — Yea
Evans, A. — Yea
Evans, E. — Yea
Byrd — Yea
Canestraro — Yea
Caputo — Yea
Espinosa — Yea
Graves — Yea
Hamrick — Yea
Harshbarger — Yea
Hicks — Yea
Hill — Yea
Hollen — Yea
Householder — Yea
Isner — Yea
Overington — Yea
Pack — Yea
Paynter — Yea
Pethtel — Yea
Robinson — Yea
Storch — Yea
Upson — Yea
Wagner — Yea
Ambler — Yea
Brewer — Yea
Capito — Yea
Cowles — Yea
Ferro — Yea
Fleischauer — Yea
Higginbotham — Yea
Iaquinta — Yea
Love — Yea
Marcum — Yea
Miley — Yea
Moye — Yea
Pyles — Yea
Rowe — Yea
Sobonya — Yea
Sponaugle — Yea
Westfall — Yea
Wilson — Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Bill Hamilton Republican Yea
D. Rolland Jennings Republican Yea
Erica Moore Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
George Miller Republican Yea
Guy Ward Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
Lisa White Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Pat McGeehan Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Stanley Adkins Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 34 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 31000
Republican 3000
Total 34000
% of votes cast 100%0%0%0%
How each member voted (34)
Member Party Vote
ARVON — Yea
GAUNCH — Yea
RUCKER — Yea
JEFFRIES — Yea
SMITH — Yea
BALDWIN — Yea
KARNES — Yea
STOLLINGS — Yea
BEACH — Yea
MANN — Yea
SWOPE — Yea
BLAIR — Yea
MARONEY — Yea
SYPOLT — Yea
BOLEY — Yea
MAYNARD — Yea
TAKUBO — Yea
BOSO — Yea
OJEDA — Yea
TRUMP — Yea
PALUMBO — Yea
UNGER — Yea
CLINE — Yea
PLYMALE — Yea
WELD — Yea
PREZIOSO — Yea
WOELFEL — Yea
FACEMIRE — Yea
ROMANO — Yea
MR PRESIDENT — Yea
FERNS — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea
Sarah Drennan Republican Yea

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 36?
SB 36 is sponsored by Plymale and Mike Woelfel (Democrat).
What is the current status of SB 36?
This bill has been enacted into law. Introduced January 10, 2018. Enacted.
Where can I track SB 36?
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Last checked for changes 3 months ago · updated continuously

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