The Senate Judiciary Committee advanced a bill on Tuesday evening that would allow for the collection and storage, in a national database, of DNA from anyone arrested on a felony charge.
Senate Bill 31 would permit the collection and storage of DNA samples for individuals charged with any felony offense and those charged with certain misdemeanors, such involuntary manslaughter, domestic violence and sexual offenses.
Under the bill, the DNA would only be collected from alleged offenders over the age of 18, and only after the person is indicted by a grand jury.
Current law in West Virginia dictates that DNA samples are collected and stored from any person convicted of specified felonies or certain misdemeanors, such as crimes against individuals and property, felony drug offenses, sexual offenses, burglary, arson, the use of destructive devices and counterfeiting.
Current law does not allow for DNA collections prior to conviction.
Proponents of the bill argued in committee that the legislation is important to help solve cold cases and other unsolved crimes, as well as to aid in exonerating potentially innocent people.
Opponents of the bill argued that it goes too far, violating the person’s right to privacy at a stage in the criminal process where they are afforded the presumption of innocence.
The legislation sets up a process to allow the individual to request their DNA be taken out of the database and disposed of in the event they are found not guilty or the charges are dropped.
The bill now heads to the Senate Finance Committee for further consideration.
