West Virginia

West Virginia has adopted five of six pillars of rape kit reform. To reach comprehensive reform, the state must appropriate public funds for rape kit reform.

Reform Status
Some Reform
Testing Status
Complete
Untested Kits
Now 0*
Then 2400**
* According to sources at the state crime lab, West Virginia has cleared its backlog of untested kits.
** According to a media report by WOWKTV 13 News there were 2400 untested kits in West Virginia in 2015.

Pillar Count

5/6 Pillars
West Virginia has adopted five of six pillars of rape kit reform. To reach comprehensive reform, the state must appropriate public funds for rape kit reform.
Statewide Inventory

Yes, the state carried out a one-time inventory.

West Virginia carried out an inventory of untested kits through non-legislative means.

Test Backlogged Kits

Yes, the state has eliminated its backlog.

West Virginia eliminated its backlog through non-legislative means.

Test New Kits

Yes, all newly collected kits are being tested.

  • According to the law, how much time after a rape kit examination do hospitals have to notify law enforcement that a kit is ready to be picked up? Not specified
  • According to the law, after being notified, within what time frame is law enforcement required to pick up the kit? Not specified
  • According to the law, after picking the kit up, within what time frame is law enforcement required to submit the kit to the lab? 30 Days
  • According to the law, after receiving the kit, within what time frame is the lab required to test the kit? Not specified
  • Does the law allow crime labs to outsource kits for testing if they are unable to meet the deadline? Not specified
Implement Tracking System

Yes, tracking system in use.

West Virginia established a rape kit tracking system through non-legislative means.

Victim's Right To Know

Yes, the state has granted victims the right to notice and be informed on the status of their kit.

  • Do victims have the right to receive information of the location, testing date, and testing results of their kit? Yes
  • Do victims have the right to be informed when there is any change in the status of their case? No
  • Do victims have the right to receive notification before destruction of their kit? Yes
  • Are victims granted further preservation of the kit or its probative contents? Yes
  • Are victims provided with the contact information for the designated liaison(s) at the corresponding law enforcement agency at the time that a kit is collected? No
  • Do victims have the right to receive a physical document identifying their rights under law? No
Fund Reform

No, the state has not allocated any of its own funds towards reform.

n/a

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State Reform Timeline

2023
Inventory
2,400 untested kits uncovered in West Virginia

According to a media report by WOWKTV 13 News there were 2,400 untested kits in West Virginia in 2015.

2021
Non-Legislative Reform
Tracking system launched in West Virginia

In 2021, The Joyful Heart Foundation confirmed that West Virginia had created and launched a statewide tracking system, with a survivor portal. The system was implemented using funds from a SAKI grant.

2020
Bill: Enacted
SB504 and HB4476 enacted in West Virginia

SB504 and HB4476 mandated that a newly collected kit be submitted to the lab by the health care provider within 30 days after the forensic exam is performed. After analysis, the kit is to be transported to law enforcement for retention. These bills also called for “reasonable efforts” to notify a survivor prior to disposing of their kit. Governor Jim Justice signed these bills into law on March 5, 2020.

Bill: Failed
HB4199 failed in West Virginia

In 2020, legislators introduced three bills. HB4199 would have required the establishment of a tracking system, with mandatory participation from medical facilities, law enforcement agencies, and labs. This bill failed to pass.

Funding
$252,860 awarded in West Virginia

In 2020, BJA awarded the West Virginia Division of Justice and Community Services DJCS an additional $252,860 to sustain its work on rape kit reform.

2019
Bill: Enacted
SB72 enacted in West Virginia

In 2019, West Virginia legislators enacted SB72, creating the Sexual Assault Victims’ Bill of Rights. This law granted sexual assault survivors the right to have their kits tested; to be informed by law enforcement of any results of their medical forensic examinations; to be informed of evidence preservation policies; to be notified by mail, upon written request, 60 days before the intended destruction of their kits; and, upon written request, to have their kits preserved for up to an additional 10 years.

2018
Bill: Enacted
SB36 enacted in West Virginia

In 2018, West Virginia legislators enacted SB36, directing the Sexual Assault Forensic Commission to establish best practice protocols for handling rape kits, including timeframes for submission and storage.

Bill: Failed
SB39 failed in West Virginia

Legislators introduced SB39, which would have granted sexual assault survivors the right to notice regarding rape kit testing status and results. This bill failed to pass.

Funding
$996,678 awarded in West Virginia

In 2018, BJA awarded the West Virginia Division of Justice and Community Services (DJCS) an additional $996,678 to continue its work.

2016
Funding
$1 million awarded in West Virginia

In 2016, BJA awarded the West Virginia Division of Justice and Community Services (DJCS) an additional $1 million to sustain this work.

2015
Funding
$2,934,081 awarded in West Virginia

In 2015, the Manhattan District Attorney’s Office awarded the West Virginia State Police Forensic Laboratory $1,763,281 to test 2,400 rape kits. Additionally, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded the West Virginia Division of Justice and Community Services (DJCS) $1,170,800 to test kits, investigate and prosecute cases, and re-engage survivors.

We haven’t filed an Accountability FOIA in this state ⏤ yet.

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More from West Virginia

West Virginia Passes Law to Mandate the Testing of all New Rape Kits
West Virginia Governor Jim Justice has signed House Bill 4476 into law, which would mandate the swift testing of every rape kit in the state. The Joyful Heart Foundation, a national leader in the effort to reform rape kit policies across the country, today praised the move. The law also creates a new Sexual Assault Forensic Examination commission, which will inform future efforts.
West Virginia Takes First Step Toward Rape Kit Reform
The Joyful Heart Foundation today applauded the signing into law of West Virginia Senate Bill 36, which amends procedures regarding DNA testing and directs the Sexual Assault Forensic Commission to establish best practice protocols for the submission, storage and disposition of rape kits. This legislation, championed by Sen. Mike Woelfel, is an important step toward comprehensive rape kit reform.
2023 End The Backlog Legislative Update
As the state legislative sessions are ending or paused for a summer break, we look back at our achievements this year. 29 states and Puerto Rico introduced 50 bills related to our six pillars of comprehensive sexual assault kit reform. Out of these, 12 states passed 15 laws. This year, Mississippi enacted its first ever […]