Administering Entity
West Virginia State Police Forensic Laboratory
Arrestees: N.
Convicted Offenders: Yes – adults and juveniles.
Qualifying Crimes: Mandatory for the offenses enumerated in W. Va. Code § 15-2B-6 — crimes against the person, § 61-8B sexual offenses, § 61-8D child abuse offenses, burglary/arson/breaking-and-entering offenses, felony drug violations, and attempts — plus sex offender registrants. Collection from any other convicted felon is discretionary (“may”) and only while the person is under criminal justice supervision (§ 15-2B-6(g)).
Time of Collection: For incarcerated persons: collected in jail or prison under Division of Corrections supervision. For others: the sheriff of the county of conviction collects the sample. The State Police may also require a sample from any convicted felon under criminal justice supervision (including parole, probation, home confinement, community corrections, and work release).
Expungement: By petition to the court, served on the prosecuting attorney at least 20 days before the hearing, with a certified copy of the court order showing the conviction was reversed and the case dismissed (W. Va. Code § 15-2B-11).
Statutes / Case Law
W. Va. Code, § 15-2B-3. Definitions
§ 15-2B-9. Procedures for withdrawal of blood sample for DNA analysis and for conducting analysis
§15-2B-11. Expungement
Va. Code of State Rules § 81-9-4 Procedures for the Collection of Samples for DNA Analysis
Legislative History
Senate Bill 252, 1995 Regular Session “Creating DNA Database and Databank Act of 1995”. Signed by Governor March 23, 1995. This bill created Article 2B in its entirety (§ 15-2B-1 through §15-2B-13), establishing West Virginia’s DNA database program and the original collection mandate at § 15-2B-6
House Bill 4322, 2000 Regular Session “Requiring the taking of blood samples from certain persons convicted of offenses” — Chapter 59, Acts 2000; signed March 3, 2000 Expanded the collection mandate to additional conviction offenses.
Senate Bill 524, 2002 Regular Session “Requiring DNA samples for analysis from persons convicted of certain felonies” — Chapter 88, Acts 2002; signed April 3, 2002 Further expanded collection to additional felony convictions.
House Bill 305, 2004 Third Special Session “Providing the West Virginia State Police the ability to define and draw DNA samples from convicted felons for the purpose of maintaining a DNA database” — Chapter 9, Acts 3rd Extraordinary Session 2004; signed December 2, 2004 Authorized WVSP to collect DNA from convicted felons; added § 15-2B-14 as new code. (Note: the 2004 Regular Session counterpart, HB 4156, was enacted but later declared null and void by the clerk — this Special Session bill is the valid enactment.)
House Bill 3054, 2011 Regular Session “Relating to DNA data collection”, effective June 10, 2011. This bill amended § 15-2B-6 (along with other sections) and added § 15-2B-15 and § 15-2B-16 as new code. The statute itself references this legislation directly in subsection (h): “amendments to this section enacted during the regular session of the Legislature in 2011.”
Senate Bill 36, 2018 Regular Session “Relating generally to DNA testing” — effective June 5, 2018 Amended § 15-2B-2, § 15-2B-5, § 15-2B-6, and § 15-2B-11; added § 15-9B-4 as new code.
No program or law identified.
No program or law identified.
Division of Justice & Community Services received a FY2018 SAKI grant ($1M) to standardize offender collection (including in correctional facilities); the legislature has moved related DNA-collection bills (e.g., SB 556 (2024), SB 31 (2025)). SAKI – WV · SB 556 (2024)
No program or law identified.