West Virginia 2024 Regular Session

West Virginia Senate Bill SB765

Introduced
2/13/24  

Caption

Establishing and administering DNA identification system

Impact

The implications of SB 765 are significant for the state's law enforcement and public safety protocol concerning DNA analysis and databanks. By designating the Marshall University facility as an additional site for analysis of DNA samples from unidentified human remains, the bill improves the capability to resolve cases involving missing persons through the enhanced accessibility of critical forensic resources. Furthermore, it requires the collection of DNA samples from specific categories of offenders, thereby strengthening the state's ability to maintain accurate criminal identification and tracking systems.

Summary

Senate Bill 765 seeks to amend and reenact several sections of the West Virginia Code concerning the establishment and administration of a DNA identification system. The bill designates the Forensic Analysis Laboratory of the Marshall University Forensic Science Center as the back-up provider for managing the state's DNA databank and database. This designation is particularly critical during times of declared public emergencies or natural disasters, ensuring continuity in forensic analysis even when the primary division responsible for these processes may be incapacitated.

Sentiment

Sentiment regarding SB 765 appears to be generally supportive, particularly among proponents of enhanced public safety and law enforcement efficacy. Supporters highlight the importance of ensuring that the state has reliable facilities for forensic analysis, especially in crisis situations. However, there may also be underlying concerns from civil liberties advocates regarding the collection and usage of DNA samples, emphasizing the need for stringent protocols to protect individual rights and privacy as the recall of DNA samples comes into play.

Contention

Notable points of contention around SB 765 may arise from the implications of mandatory DNA sampling of certain offender groups and the potential risks associated with data collection practices. Critics may argue that while the intent of the bill is to bolster public safety, it could lead to civil rights infringements without appropriate oversight. Additionally, the operational autonomy granted to the Marshall University facility may raise questions regarding accountability and standardization of practices in DNA sample analysis.

Companion Bills

No companion bills found.

Previously Filed As

WV SB53

Relating to DNA data maintained for law enforcement purposes

WV HB3025

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 SB89

Requiring hospitals to staff qualified personnel to perform sexual assault forensic exams

WV SB288

Relating to Sexual Assault Examination Network

WV HB2594

Relating to the death penalty for first degree murder

WV HB2555

Relating to death penalty for first degree murder

WV SB69

Patrolman Cassie Johnson Memorial Act

WV SB203

Modifying minimum requirements for motor vehicle alcohol and drug test and lock systems

WV HB3152

Relating to driving under the influence

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