DNA Database and Databank Act
West Virginia · Public Safety · §§ 15-2B-1 to 15-2B-9 · 16 sections
Overview
This act organizes a state's principal law enforcement agency, continuing the department under a superintendent who appoints personnel, issues rules and regulations, and oversees specialized units including marine law enforcement and an inspection staff. Its central mechanism is a bureau of criminal identification: fingerprints and other identifying records are taken from suspects, arrestees, and persons confined in penal institutions, filed in a permanent repository, and compared against records already on hand, with courts, prosecutors, and state institutions required to report criminal charges, drug offenses, and crime statistics into the system. The bureau is also directed to instruct and assist local police, to exchange records with national identification agencies and participate in interstate violent-crime tracking programs, and officials who fail to perform their reporting duties are subject to penalty and removal. One flag on the input: those section titles describe a state police / criminal identification chapter (department organization, marine law enforcement, fingerprint records), not a DNA databank — no DNA collection, testing, expungement, or database-access provisions appear among them. If the page is titled "DNA Database and Databank Act," the title-to-section mapping for that act is likely wrong upstream, and the overview above deliberately claims nothing about DNA.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 6 court decisions.
Most-cited authority: 395 Md. 213 - Blake v. State
Sections covered
- W. Va. Code § 15-2B-1Short title
- W. Va. Code § 15-2B-10DNA database exchange
- W. Va. Code § 15-2B-11Expungement
- W. Va. Code § 15-2B-12Confidentiality; unauthorized uses of DNA databank; penalties
- W. Va. Code § 15-2B-13Neglect of duties; destruction of samples; penalties
- W. Va. Code § 15-2B-14Right to DNA testing6 cites
- W. Va. Code § 15-2B-15Collection of fees to cover the cost of DNA profile entry into the DNA database and DNA databank; cost of collecting and analyzing DNA sample
- W. Va. Code § 15-2B-16Partial matches and the DNA database
- W. Va. Code § 15-2B-2Policy
- W. Va. Code § 15-2B-3Definitions
- W. Va. Code § 15-2B-4Division of public safety to establish and administer DNA identification system; inspection of laboratories
- W. Va. Code § 15-2B-5Authority of division to enter into cooperative agreements
- W. Va. Code § 15-2B-6DNA sample required for DNA analysis upon conviction; DNA sample required for certain prisoners
- W. Va. Code § 15-2B-7Tests to be performed on DNA sample
- W. Va. Code § 15-2B-8Maintenance of DNA samples and records
- W. Va. Code § 15-2B-9Procedures for withdrawal of blood sample for DNA analysis and for conducting analysis
Enacted in other states
All West Virginia named statutes →
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