Current through Register Vol. XLI, No. 50, December 13, 2024
Section 81-9-11 - Procedures for Partial Matches with the DNA DatabasePartial matches may occur with the DNA Database when searches are conducted as a normal course of business. Partial matches may indicate the possibility that a relative of the candidate offender may be the source of the DNA identified from the evidence. To eliminate as many adventitious (false) matches as possible, all of the following parameters must be met:
11.1 Partial match evaluations are limited to criminal investigations involving murder, kidnapping or first-degree sexual assault or second-degree sexual assault as defined in West Virginia Code. All other credible investigative leads must have been exhausted before the partial match evaluation begins.11.2 All available CODIS loci, especially the CODIS core loci, should be used for searching. The CODIS core loci are necessary if requests for searches are made to contiguous states.11.3 The DNA profile identified from the evidence must be from a single source or a single source profile must be deconvoluted from a mixture with as many heterozygous loci as possible.11.4 There must be sufficient DNA material from the original evidentiary sample available to conduct additional testing such as Y-STRs or mtDNA testing as appropriate.11.5 A kinship statistical analysis should be performed to determine the likelihood that a partial match is with a relative versus a nonrelative. The statistical software should be applicable to this type of analysis. Thresholds as recommended by the Scientific Working Group on DNA Analysis Methods (SWGDAM) should be used to determine whether to continue with the evaluation.11.6 Non-forensic records should be reviewed to determine the possible familial connections to the candidate offender.11.7 The investigating agency must agree to pursue the investigation if name(s) are released as a result of the partial match evaluation. Any communications with the investigating agency must clearly state that the partial match is not an identification but an investigative lead.11.8 A West Virginia State Police investigator with experience in cold case investigations may be used by the Laboratory to identify and review non forensic records as a part of the evaluation prior to release of any names to the investigating agency.