SB 31 West Virginia Senate · 2025 Regular Session

Relating to DNA data maintained for law-enforcement purposes

SB 31 updates West Virginia's DNA collection policies for law enforcement. It requires DNA samples from all individuals convicted of felonies or certain misdemeanors (including domestic battery), as well as those formally charged with felonies via indictment or waiver. The bill specifies DNA testing methods, mandates expungement of records in certain cases (like dismissed charges), and clarifies that delays in expungement won't invalidate prior arrests or warrants based on DNA matches. These changes directly affect people convicted of qualifying offenses and law enforcement agencies managing the state DNA database.

Issues: ✓ Criminal Justice

Bill status in committee 1 of 4 stages cleared

Introduction

Feb 2025

Committee Review

Floor Vote

Governor

Introduced Feb 12, 2025 Last action Feb 26, 2025

Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version → Committee Substitute · 7 edits

MODERATE

The bill was moved from an introduced version to a committee substitute version, incorporating substantive policy changes including expanded DNA collection requirements, new definitions, and procedural updates for DNA sample collection and expungement. The committee substitute version adds specific qualifying offenses for DNA collection, clarifies blood withdrawal procedures, and establishes clearer timelines for expungement requests.

Scope change

The bill's scope expanded to include additional qualifying offenses for mandatory DNA collection, including specific sex offenses and domestic battery, and clarified the scope of DNA sample collection procedures.

DEFINITION

Added new definitions for 'DNA sample', 'Interim plan', 'Partial match', 'Qualifying offense', 'Registering agency', 'State DNA database', 'State DNA databank', and 'FBI' to clarify terminology and scope.

ELIGIBILITY

Expanded DNA collection requirements to include additional qualifying offenses, including specific sex offenses under §§61-8B-1 et seq. and §§61-8D-1 et seq., and domestic battery violations.

REQUIREMENT

Added requirements for DNA sample collection from persons released from other jurisdictions and clarified procedures for collecting samples from non-incarcerated persons.

Added requirements for blood withdrawal procedures, including use of sterile equipment and adherence to CDC universal precautions.

ENFORCEMENT

Modified enforcement provisions to clarify that reasonable force may be used when collecting DNA samples and that employees are not civilly or criminally liable when acting in good faith.

TIMELINE

Modified expungement timelines to require circuit courts to issue orders within seven judicial days and conducting inquiries within 20 judicial days.

TECHNICAL

Added provisions for expungement when qualifying convictions are reversed and dismissed, including specific procedures for petitioning courts.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 26, 2025

Committee

To Finance

upper

Feb 26, 2025

Upper · Passed

Committee substitute reported, but first to Finance

upper

Feb 12, 2025

Committee

To Judiciary

upper

Feb 12, 2025

Introduced

Introduced in Senate

upper

Feb 12, 2025

Committee

To Judiciary then Finance

upper

1 primary · 1 co-sponsor