West Virginia 2024 Regular Session

West Virginia Senate Bill SB435

Introduced
1/12/24  

Caption

Relating to DNA collection from those convicted of crimes

Impact

The bill introduces significant changes to the state's approach to DNA evidence and criminal justice procedures. By mandating DNA collection from convicted felons, SB435 potentially increases the efficiency of criminal investigations and public safety. If passed, law enforcement agencies will be empowered to use DNA evidence more effectively, potentially leading to higher rates of case resolution. However, this also raises implications about personal privacy and data handling, particularly regarding how DNA samples are stored and utilized in future investigations.

Summary

Senate Bill 435 aims to amend West Virginia law concerning the collection of DNA from individuals convicted of felony crimes. The bill establishes a requirement that such individuals provide a DNA sample, which will then be run against evidence from other ongoing criminal investigations and entered into the Combined DNA Index System (CODIS). The intention behind this legislative effort is to enhance law enforcement's ability to solve unresolved criminal cases by utilizing DNA evidence collected from convicted felons for comparisons with existing evidence from other cases.

Sentiment

The sentiment surrounding SB435 appears to be generally favorable among supporters of enhanced public safety measures and law enforcement efficiency. Advocates argue that the bill will provide necessary tools to help solve crimes and ensure justice for victims. However, there may be concerns from civil liberties advocates regarding the implications of mandatory DNA collection, emphasizing the need for careful oversight to protect individuals' rights and privacy. This creates a nuanced conversation about the balance between effective crime solving and the implications of data collection and personal rights.

Contention

Notable points of contention include the potential for overreach in law enforcement and the implications of collecting DNA from individuals who may have been wrongfully convicted. Critics could argue that mandatory DNA collection raises ethical questions and could disproportionately affect certain communities. Additionally, discussions around the policies governing how the collected DNA is used, stored, and destroyed are likely to emerge. It remains crucial to ensure that the legislation incorporates robust safeguards to prevent misuse and address privacy concerns, thereby maintaining public trust in the criminal justice system.

Companion Bills

No companion bills found.

Previously Filed As

WV HB3025

Relating to DNA data maintained for law enforcement purposes

WV SB53

Relating to DNA data maintained for law enforcement purposes

WV HB2944

Relating to DNA collection requirements in abortion cases relating to rape or incest

WV HB2236

Removing the one-time limit on the expungement of certain criminal convictions

WV SB264

Prohibiting persons who have been convicted of certain crimes against minors from holding positions on boards of education

WV HB2499

Relating to dangerous crimes against children

WV SB136

Requiring persons convicted of certain offenses to undergo psychological or psychiatric testing and have treatment plan to be eligible for probation

WV HB2188

To allow those who are 18-20 years old to carry a deadly weapon concealed without a permit, as is allowed for those who are 21 or older

WV HB2329

Ban civil asset forfeiture unless person convicted

WV HB2594

Relating to the death penalty for first degree murder

Similar Bills

No similar bills found.