Bill Text: WV SB67 | 2011 | Regular Session | Introduced
Bill Title: Requiring those arrested for felony submit to DNA sample
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2011-01-12 - To Judiciary [SB67 Detail]
Download: West_Virginia-2011-SB67-Introduced.html
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2B-6a; and to amend and reenact §15-2B-11 of said code, all relating to requiring persons arrested for a felony to submit to a DNA sample; and providing a procedure for expungement if the felony charge has been dismissed.
identification testing.
(b) Any person acquitted of the felony or has the felony dismissed, whose DNA sample has been taken pursuant to subsection (a) of this section, may apply for expungement pursuant to section eleven of this article.
§15-2B-11. Expungement.
(a) Any person 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:
(b) Upon receipt of an order of expungement, the division shall purge the DNA record and all other identifiable information from the state database and the DNA sample stored in the state databank covered by the order. If the individual has more than one entry in the state database and databank, then only the entry covered by the expungement order shall be deleted from the state database or databank.
NOTE: The purpose of this bill is to require persons arrested for a felony to submit to a DNA sample; and providing procedures for expungement if the felony has been dismissed.
§15-2B-6a is new; therefore, strike-throughs and underscoring have been omitted.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.