West Virginia Code § 15-2B-4

Division of public safety to establish and administer DNA identification
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system; inspection of laboratories.
(a) The division shall establish a DNA identification system consisting of a state DNA
database and a state DNA databank compatible with the procedures specified by the FBI.
(b) The division shall be the administrator of the state DNA databank and database and the
DNA identification system.
(c) The division shall supervise all DNA forensic laboratories in this state to ensure that such
laboratories are acting in compliance with applicable provisions uof state and federal law. The
division may inspect or monitor such facilities and may prohibit any such laboratory from
participating in the exchange of information when the division finds that the facility has not
acted in conformity with state and federal laws. The superintendent of the division shall
further promulgate a legislative rule pursuant to chapter twenty-nine-a of this code
regarding the monitoring, inspection and prohibition on the exchange of information.
(d) The superintendent of the division shall fusrther establish standards for testing and
quality assurance of DNA testing and the exchange of information through the promulgation
of a legislative rule pursuant to chapter twienty-nine-a of this code.
(e) The superintendent of the division of public safety shall promulgate additional legislative
rules pursuant to chapter twenty-nine-a of this code necessary to establish and administer
the DNA database and databank consistent with the requirements of state and federal law
and consistent with the systems employed by the FBI.

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