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WEST VIRGINIA STATUTES AND CODES

§15-2B-12 Confidentiality; unauthorized uses of DNA databank; penalties.

§15-2B-12. Confidentiality; unauthorized uses of DNA databank; penalties.
(a) All DNA profiles and samples submitted to the division of public safety pursuant to this article shall be treated as confidential except as provided in this article.

(b) Any person who, by virtue of employment or official position has possession of or access to individually identifiable DNA information contained in the state DNA database or databank and who willfully discloses it in any manner to any person or agency not entitled to receive it is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty dollars nor more than five hundred dollars or be imprisoned in the county or regional jails for a period not to exceed one year, or both fined and imprisoned.

(c) Any person who, without authorization, willfully obtains individually identifiable DNA information from the state DNA database or databank is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty dollars nor more than five hundred dollars or be imprisoned in the county or regional jails for a period not to exceed one year, or both fined and imprisoned.

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