→
Previous
Latest
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.
⬇ Download PDF