West Virginia Code of State Rules
Agency 149 - Crime, Delinquency And Correction
Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION
Series 149-11 - Sexual Assault Forensic Examinations
Section 149-11-6 - Laboratory Responsibilities - Receipt of sexual assault evidence by laboratory

6.1. Upon receiving a Sexual Assault Evidence Collection Kit, the West Virginia State Police Forensic Laboratory or a laboratory approved and designated by the Superintendent of the West Virginia State Police shall prepare a record that includes the date the sexual assault evidence was received from the health care facility, the date the evidence was reviewed, and the date the evidence was reviewed for collection quality.

6.2. After processing and testing of a Sexual Assault Evidence Collection Kit, the West Virginia State Police Laboratory shall transmit the Sexual Assault Evidence Collection Kit to the appropriate investigating state or local law-enforcement agency through any reasonable means sufficient to establish the proper chain of custody. The lack of timely submission or inadvertent loss or destruction of a Sexual Assault Evidence Collection Kit, standing alone, shall not constitute a bar to the prosecution of a sexual offense.

6.3. No Sexual Assault Evidence Collection Kit need be tested where the sexual assault victim has not consented to the testing, requests that the kit not be tested, where the sexual assault victim recants as to the allegation of a sexual offense, or the allegation that a sexual offense occurred is determined to be unfounded.

6.4. If the sexual assault victim does not consent to law enforcement involvement, the kit shall be designated a nonreported kit and transmitted to the Marshall University Forensic Science Center. Sexual assault victims shall be informed in writing at the time their nonreported kit is collected that the kit shall be stored and maintained for a period of 20 years from the date the kit was collected.

6.5. A sexual assault victim may request that the status of their kit be changed from reported to nonreported if the West Virginia State Police Crime Laboratory has not begun testing the kit. Upon execution of written request from the victim, the West Virginia State Police Crime Laboratory shall transfer the kit to the Marshall University Forensic Science Center to be stored as a nonreported kit.

6.6. A sexual assault victim may request that the status of their kit be changed from nonreported to a reported kit by authorizing the change in writing.