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Developed and maintained by the Division of Legislative Automated Systems.
2003 SESSION
030352783Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-268.6 and 18.2-268.7 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-268.6. Transmission of blood samples.
Adequate portions of the blood samples The blood sample withdrawn pursuant to §
18.2-268.5 shall be placed in vials a vial provided by the Division of Forensic
Science. The vials vial shall be sealed by the person taking the sample or at
his direction. The person who seals the vial shall complete the prenumbered certificate of blood
withdrawal form attached to the vial by the Division. The completed withdrawal
certificate for each the vial shall show the name of the accused, the name
of the person taking the blood sample, the date and time the blood sample was
taken and information identifying the arresting or accompanying officer. The
officer shall initial the completed certificate. The vials shall be divided
between two containers vial shall be placed in a container provided by the
Division, and the containers container shall be sealed to prevent tampering
with the vial. The arresting or accompanying officer shall take possession of the
two containers container as soon as the vials are vial is placed in such
containersthe container and sealed, and shall promptly transport or mail one of
the containers the container to the Division. Immediately after taking
possession of the second container, the officer shall give to the accused a
form provided by the Division which sets forth the procedure to obtain an
independent analysis of the blood in the second container, and a list of the
names and addresses of laboratories approved by the Division. The form shall
contain a space for the accused or his counsel to direct the officer possessing
the second container to forward it to an approved laboratory for analysis, if
desired. If the accused directs the officer in writing on the form to forward
the second container to an approved laboratory of the accused's choice, the
officer shall do so.
If the accused does not direct otherwise on the form, the officer having the
second container shall deliver it to the chief police officer. The chief police
officer, upon receiving the container, shall retain it for a period of
seventy-two hours, during which time the accused or his counsel may, in
writing, on the form provided hereinabove, direct the chief police officer to
mail the second container to the laboratory the accused has chosen from the
approved list.
The contents of the second container shall be transmitted, tested and admitted
in evidence in the same manner and in accordance with procedures established for the
sample sent to the Division.
If the chief police officer having possession of the second container is not
directed as herein provided to mail it within seventy-two hours after receiving the
container, he shall destroy it.
§ 18.2-268.7. Transmission of blood test results; use as evidence.
Upon receipt of a blood sample forwarded to the Division for analysis pursuant
to § 18.2-268.6, the Division shall have it examined for its alcohol or drug or
both alcohol and drug content and the Director shall execute a certificate of
analysis indicating the name of the accused; the date, time and by whom the
blood sample was received and examined; a statement that the seal on the vial
had not been broken or otherwise tampered with; a statement that the container
and vial were provided by the Division and that the vial was one to which the
completed withdrawal certificate was attached; and a statement of the sample's
alcohol or drug or both alcohol and drug content. The Director shall remove the
withdrawal certificate from the vial, attach it to the certificate of analysis
and state in the certificate of analysis that it was so removed and attached.
The certificate of analysis with the withdrawal certificate shall be returned
to the clerk of the court in which the charge will be heard. The vial and blood
sample shall be destroyed after completion of the analysis. A similar
certificate of analysis, with the withdrawal certificate from the independent
laboratory which analyzes the second blood sample on behalf of the accused, shall be
returned to the clerk of the court in which the charge will be heard. The blood
sample shall be destroyed after completion of the analysis by the independent
laboratory.
When a blood sample taken in accordance with the provisions of §§ 18.2-268.2
through 18.2-268.6 is forwarded for analysis to the Division, a report of the
test results shall be filed in that office. Upon proper identification of the
certificate of withdrawal, the certificate of analysis, with the withdrawal
certificate attached, shall, when attested by the Director, be admissible in
any court, in any criminal or civil proceeding, as evidence of the facts
therein stated and of the results of such analysis. On motion of the accused,
the certificate prepared for the second sample shall be admissible in evidence when
attested by the pathologist or by the supervisor of the approved laboratory.
Upon request of the person whose blood was analyzed, the test results shall be made available to him.
The Director may delegate or assign these duties to an employee of the Division of Forensic Science.