West Virginia 2022 Regular Session

West Virginia Senate Bill SB137

Introduced
1/12/22  
Refer
1/12/22  
Engrossed
2/22/22  
Refer
2/23/22  

Caption

Requiring persons convicted of certain felonies on or after March 8, 1995, provide DNA samples

Impact

The implementation of SB137 is expected to have a significant impact on state laws regarding criminal justice. By requiring DNA samples from a broader spectrum of felony offenders, the law aims to facilitate more effective identification and tracking of individuals within the criminal justice system. This enhancement of the DNA database could also lead to increased solve rates for violent crimes and help exonerate innocent individuals wrongfully convicted. However, the law's necessity to gather DNA from more offenders may raise questions about privacy and consent in the justice process.

Summary

Senate Bill 137, known for amending the Code of West Virginia, mandates that individuals convicted of specific felonies from March 9, 1995, onward must provide a DNA sample for criminal identification purposes. The amendment explicitly details the offenses that qualify for this requirement, which includes a range of violent and property crimes. The bill's intent is to bolster the state's ability to ensure accuracy in criminal investigations and enhance public safety by expanding the DNA database used by law enforcement agencies.

Sentiment

The sentiment surrounding SB137 was mixed, with support primarily from law enforcement agencies and crime prevention advocates who argue that DNA evidence is a crucial tool for solving crimes. Proponents believe it provides an invaluable resource that could lead to safer communities. Conversely, some civil liberties groups and privacy advocates expressed concerns regarding the potential for overreach and abuse of power, emphasizing the need for stringent controls on how collected DNA samples are used and stored.

Contention

Notable points of contention involved discussions about privacy rights and how mandatory DNA collection may infringe upon individual freedoms. There were debates over the extent to which the DNA could be used, who would have access to it, and the protocols in place to manage collected samples. Furthermore, critics argued that while the bill aims to improve public safety, it could create a precedent for a more intrusive surveillance state, thus impacting community trust in law enforcement.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2945

Require registration of persons convicted of abuse

WV SB422

Relating to DNA data maintained for law-enforcement purposes

WV SB31

Relating to DNA data maintained for law-enforcement purposes

WV SB556

Relating to DNA data maintained for law-enforcement purposes

WV HB4627

Relating to DNA data maintained for law enforcement purposes

WV SB53

Relating to DNA data maintained for law enforcement purposes

WV HB3025

Relating to DNA data maintained for law enforcement purposes

WV SB471

Maintaining DNA data for law-enforcement purposes

WV SB120

Establishing and administering DNA identification system

WV SB765

Establishing and administering DNA identification system

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