Senate Bill No. 194
(By Senators Foster, Kessler (Acting President), Chafin, Hall, Jenkins, Laird, Minard, Palumbo, Snyder, Williams, Wells, Unger, Browning, Plymale and Miller)
[Originating in the Committee on Education;
reported January 28, 2011.]
A BILL to amend and reenact §15-2B-3 and §15-2B-5 of the Code of West Virginia, 1931, as amended, all relating to authorizing the West Virginia State Police to enter into agreements with the Marshall University Forensic Science Center for testing offender samples for CODIS, criminal paternity cases or identification of human remains for the office of the Chief Medical Examiner using nuclear DNA technology.
Be it enacted by the Legislature of West Virginia:
That §15-2B-3 and §15-2B-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 2B. DNA DATA.
As used in this article the following terms mean: For the purposes of this article the following words have the meanings ascribed to them unless the context clearly indicates a different meaning:
(a) “CODIS” means the Combined DNA Index System, the national DNA database, established and funded by the FBI, and developed specifically to enable public forensic DNA laboratories to create searchable DNA databases of authorized DNA profiles.
(b) “Division" means the West Virginia State Police.
(a) (c) "DNA" means deoxyribonucleic acid. DNA is located in the nucleus of cells and provides an individual's personal genetic blueprint. DNA encodes genetic information that is the basis of human heredity and forensic identification.
(b) (d) "DNA record" means DNA identification information stored in any state DNA database pursuant to this article. The DNA record is the result obtained from DNA typing tests. The DNA record is comprised of the characteristics of a DNA sample which are of value in establishing the identity of individuals. The results of all DNA identification tests on an individual's DNA sample are also included as a "DNA record".
(c) (e) "DNA sample" means a tissue, fluid or other bodily sample suitable for testing, provided pursuant to this article or submitted to the division laboratory for analysis pursuant to a criminal investigation.
(d) (f) "FBI" means the Federal Bureau of Investigation.
(e) (g) "State DNA database" means all DNA identification records included in the system administered by the West Virginia State Police.
(f) (h) "State DNA databank" means the repository of DNA samples collected under the provisions of this article.
(g) "Division" means the West Virginia state police.
§15-2B-5. Authority of division to enter into cooperative agreements.
The division may enter into cooperative agreements with public or private agencies or entities to provide any a service or facility associated with the administration of the DNA database and databank. Provided, That the division is authorized only to contract services and/or facilities for DNA typing, testing and research with Marshall University. In the event the division enters into an agreement for the purposes of (1) testing offender samples for CODIS; (2) criminal paternity cases; or (3) identification of human remains for the Office of Chief Medical Examiner using nuclear DNA technology, the division is authorized to enter into an agreement only with the Marshall University Forensic Science Center.