W. Va. Code § 15A-1-8
This is the official text of W. Va. Code § 15A-1-8, part of West Virginia’s Va. Code — part of the compiled statutory law of West Virginia, published by the state as "Va. Code." Browse the sections below, each linked to its official government source.
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§15A-1-8. Preservation of biological evidence from criminal cases; directing Secretary to undertake a study and report to the Legislature.
Official statutory text
(a) As used in this section:
(1) "Biological evidence" means:
(A) A sexual assault forensic examination kit; or
(B) Semen, blood, saliva, hair, human body tissue, or other biological material containing human DNA.
(2) "DNA" means deoxyribonucleic acid.
(3) "Secretary" means the Secretary of Military Affairs and Public Safety.
(b) The Secretary of Military Affairs and Public Safety shall undertake an investigation of effective modes and methods of storing and preserving biological materials obtained by law enforcement in criminal investigations and criminal prosecutions.
(c) On or before January 1, 2020, the Secretary shall submit to the President of the Senate and the Speaker of the House of Delegates a proposed plan, along with proposed legislation, creating within the department a program for the centralized storage and preservation of biological evidence obtained in criminal investigations and criminal trials throughout the state.
(d) It is the intent of the Legislature in enacting this section to acknowledge the importance of biological evidence and to recognize that improvements in technology make biological evidence ever more important in identifying criminal perpetrators and protecting innocent persons.
(1) "Biological evidence" means:
(A) A sexual assault forensic examination kit; or
(B) Semen, blood, saliva, hair, human body tissue, or other biological material containing human DNA.
(2) "DNA" means deoxyribonucleic acid.
(3) "Secretary" means the Secretary of Military Affairs and Public Safety.
(b) The Secretary of Military Affairs and Public Safety shall undertake an investigation of effective modes and methods of storing and preserving biological materials obtained by law enforcement in criminal investigations and criminal prosecutions.
(c) On or before January 1, 2020, the Secretary shall submit to the President of the Senate and the Speaker of the House of Delegates a proposed plan, along with proposed legislation, creating within the department a program for the centralized storage and preservation of biological evidence obtained in criminal investigations and criminal trials throughout the state.
(d) It is the intent of the Legislature in enacting this section to acknowledge the importance of biological evidence and to recognize that improvements in technology make biological evidence ever more important in identifying criminal perpetrators and protecting innocent persons.
Status: in_force · Read it on the official government site
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