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WEST VIRGINIA STATUTES AND CODES

§15-2B-10 DNA database exchange.

§15-2B-10. DNA database exchange.
(a) The division shall receive DNA samples, store, analyze, classify and file the DNA records consisting of all identification characteristics of DNA profiles from blood samples submitted pursuant to the procedures for conducting DNA analysis of blood samples.

(b) The division may furnish DNA records to authorized law-enforcement and governmental agencies of the United States and its territories, of foreign countries duly authorized to receive the same, of other states within the United States and of the state of West Virginia upon proper request stating that the DNA records requested will be used solely:

(1) For law-enforcement identification purposes by criminal justice agencies;

(2) In judicial proceedings, if otherwise expressly permitted by state or federal laws; or

(3) If personal identifying information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes.

(c) The superintendent of the division shall promulgate further legislative rules pursuant to chapter twenty-nine-a of this code governing the methods by which any law-enforcement agency or other authorized entity may obtain information from the state DNA database consistent with this section and federal law.

(d) The division may release DNA samples, without personal identifying information, to any agency or entity with which the division contracts pursuant to section five of this article.

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