West Virginia Code 15-3D-3 – Definitions
For the purposes of this article:
Terms Used In West Virginia Code 15-3D-3
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Dependent: A person dependent for support upon another.
- Laws of the state: includes the Constitution of the State of West Virginia and the Constitution of the United States, and treaties and laws made in pursuance thereof. See West Virginia Code 2-2-10
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(1) “CODIS” means the Federal Bureau of Investigation’s Combined DNA Index System, which allows for the storage and exchange of DNA records submitted by federal, state, and local forensic DNA laboratories. The term “CODIS” includes the National DNA Index System or NDIS, administered and operated by the Federal Bureau of Investigation.
(2) “Complainant” means a person who contacts law enforcement to report that a person is missing.
(3) “Electronic communication device” means a cellular telephone, personal digital assistant, electronic device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device.
(4) “Juvenile” means any person under 18 years of age.
(5) “Law-enforcement agency” means any duly authorized state, county, or municipal organization employing one or more persons whose responsibility is the enforcement of laws of the state or any county or municipality thereof.
(6) “Lead law-enforcement agency” means the law-enforcement agency that initially receives a missing persons complaint or, after the fulfillment of all requirements of this article related to the initial receipt of a missing persons complaint and transmission of information to required databases, the law-enforcement agency with the primary responsibility for investigating a missing or unidentified persons complaint.
(7) “Missing and endangered child” means any missing child for which there are substantial indications the child is at high risk of harm or in immediate danger, and rapid action is required, including, but not limited to:
(A) Physically or mentally disabled and dependent upon an agency or another individual for care;
(B) Under the age of 13;
(C) Missing under circumstances which indicate the child’s safety may be in danger; or
(D) A foster child and has been determined a missing and endangered child by the Department of Health and Human Resources.
(8) “Missing child” means any child under the age of 18 whose whereabouts are unknown to the child’s legal custodian.
(9) “Missing person” means any person who is reported missing to a law-enforcement agency.
(10) “NamUs” means the database of the National Missing and Unidentified Persons System.
(11) “NCIC” means the database of the National Crime Information Center, the nationwide, online computer telecommunications system maintained by the Federal Bureau of Investigation to assist authorized agencies in criminal justice and related law-enforcement objectives.
(12) “NCMEC” means the database of the National Center for Missing and Exploited Children.
(13) “Unidentified person” means any person, living or deceased, who has not been identified through investigation for over 30 days.
(14) “Violent Criminal Apprehension Program” or “ViCAP” is a unit of the Federal Bureau of Investigation responsible for the analysis of serial violent and sexual crimes.
(15) “WEAPON system” means the West Virginia Automated Police Network.