West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-09 - West Virginia DNA Databank › Section 81-9-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule, unless used in a context that clearly
				  requires a different meaning, the term:
3.1. Biochemistry Section - means the section
				of the State Police laboratory that administers the DNA Databank and conducts
				analysis of biological materials, including blood and saliva, to determine a
				genetic profile gleaned from DNA.
3.2. DNA - means deoxyribonucleic acid and
				refers to the basic biological molecule that carries and transmits genetic
				information.
3.3. DNA sample -
				means human biological material, including, but not limited to, blood and
				saliva from which DNA can be extracted and analyzed.
3.4. DNA Analysis - means the analysis
				performed on biological materials, including blood and saliva, to determine the
				genetic profile of the individual tested.
3.5. FBI - means the Federal Bureau of
				Investigation.
3.6. MUFSC - means
				the DNA testing facility known as Marshall University Forensic Science Center
				(MUFSC).
3.7. Medical Technician -
				means persons trained as medical technicians, emergency medical technicians,
				persons certified as phlebotomists by the College of American Pathology, or any
				other qualified phlebotomists.
3.8.
				Approved individual - means a probation officer, law enforcement officer or
				medical technician trained to collect DNA samples for the DNA Databank
				program.
3.9. Kit - means either
				the blood kit currently provided by the West Virginia State Police for the
				purposes of collecting Databank samples or any other collection kit provided by
				the West Virginia State Police for the purpose of collecting a DNA Databank
				sample.
3.10. CODIS - means
				Combined DNA Index System
3.11.
				NDIS - means National DNA Index System
3.12. Collection Facility - means any
				facility or agency that is responsible for the collection of a DNA Databank
				sample from qualifying individuals under their supervision.
3.13. CODIS Administrator - means the
				Biochemistry Section employee designated by the State Police as the person
				responsible for the administration of the CODIS program in the State.
3.14 Storage device - means any storage unit
				that can provide acceptable storage conditions for biological stains.
3.15 Criminal Justice Agency - means an
				agency or institution of a federal, state or local government, other than the
				office of public defender, which performs as part of its principle function,
				relating to the apprehension, investigation, prosecution, adjudication,
				incarceration, supervision or rehabilitation of criminal offenders.
3.16 Division - means West Virginia State
				Police and the Biochemistry Section of the West Virginia State Police Forensic
				Laboratory.
3.17 Partial Match -
				means that two DNA profiles, while not an exact match share a sufficient number
				of characteristics to indicate the possibility of a biological
				relationship.
3.18 Interim Plan -
				means the plan used currently by the Federal Bureau of Investigation for
				Partial Match Protocol and to be used as adopted in the management rules of
				this article.
3.19 Registering
				Agency - means West Virginia State Police.
3.20 Cold Case - means case in which all
				credible investigative leads have been exhausted.