West Virginia Code 15A-1-8 – Preservation of biological evidence from criminal cases; directing Secretary to undertake a study and report to the Legislature
(a) As used in this section:
Terms Used In West Virginia Code 15A-1-8
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(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.