Current through Register Vol. XLI, No. 50, December 13, 2024
Section 81-9-3 - DefinitionsAs 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 System3.11. NDIS - means National DNA Index System3.12. 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.