VIRGINIA LAW PORTAL

• Code of Virginia
• Virginia Administrative Code
• Constitution of Virginia
• Charters
• Authorities
• Compacts
• Uncodified Acts
• RIS Users (account required)

SEARCHABLE DATABASES

• Bills & Resolutions
  session legislation
• Bill Summaries
  session summaries
• Reports to the General Assembly
  House and Senate documents
• Legislative Liaisons
  State agency contacts

ACROSS SESSIONS

• Subject Index: Since 1995
• Bills & Resolutions: Since 1994
• Summaries: Since 1994

Developed and maintained by the Division of Legislative Automated Systems.

2003 SESSION

• history | hilite | pdf | print version

026275500
SENATE BILL NO. 653 Offered January 18, 2002 A BILL to amend and reenact §§ 16.1-299, 16.1-299.1 and 19.2-310.2 of the Code of Virginia, relating to juvenile fingerprints and DNA. ---------- Patron-- Mims ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That §§ 16.1-299, 16.1-299.1 and 19.2-310.2 of the Code of Virginia are amended and reenacted as follows:

§ 16.1-299. Fingerprints and photographs of juveniles.

A. All duly constituted police authorities having the power of arrest may take fingerprints and photographs of any juvenile who is taken into custody and charged with a delinquent act an arrest for which, if committed by an adult, is required to be reported to the Central Criminal Records Exchange pursuant to subsection A of § 19.2-390. Whenever fingerprints are taken, they shall be maintained separately from adult records and a copy shall be filed with the juvenile court on forms provided by the Central Criminal Records Exchange. However, all duly constituted police authorities having the power of arrest shall take fingerprints and photographs of any juvenile fourteen years of age or older charged with a "violent juvenile felony" as defined in § 16.1-228.

B. If a juvenile (i) of any age is adjudicated delinquent or found guilty of any offense which that would be a felony if committed by an adult or any other offense for which a report to the Central Criminal Records Exchange is required by subsection C of § 19.2-390 if the offense were committed by an adult or (ii) of any age is found guilty of a misdemenor or has a charge dismissed pursuant to a deferred disposition, after being charged originally with an offense that would be a felony if committed by an adult or any other offense for which a report to the Central Criminal Records Exchange is required by subsection C of §19.2-390 if the offense were committed by an adult or (iii) fourteen years of age or older is charged with a "violent juvenile felony" as defined in § 16.1-228, or a crime ancillary thereto, copies of his fingerprints and a report of the disposition shall be forwarded to the Central Criminal Records Exchange and to the jurisdiction making the arrest by the clerk of the court which heard the case.

C. If a petition or warrant is not filed against a juvenile whose fingerprints or photographs have been taken in connection with an alleged violation of law, the fingerprint card, all copies of the fingerprints and all photographs shall be destroyed sixty days after fingerprints were taken. If a juvenile charged with a delinquent act other than a violent juvenile felony or a crime ancillary thereto is found not guilty other than by reason of a dismissal pursuant to a deferred finding, or if a juvenile under fourteen is charged with a delinquent act which otherwise would be a violent juvenile felony or a crime ancillary thereto, or in any other case resulting in a disposition for which fingerprints are not required to be forwarded to the Central Criminal Records Exchange, the court shall order that the fingerprint card, all copies of the fingerprints and all photographs be destroyed within six months of the date of disposition of the case.

§ 16.1-299.1. Blood sample required for DNA analysis upon conviction or adjudication of felony.

A juvenile convicted of a felony or adjudicated delinquent on the basis of an act which that would be a felony if committed by an adult, a juvenile convicted of a misdemeanor that was initially charged as a felony and a juvenile who receives a dismissal pursuant to deferred disposition for an offense that was initially charged as a felony shall have a sample of his blood, saliva or tissue taken for DNA analysis provided the juvenile was fourteen years of age or older at the time of the commission of the offense.

The provisions of Article 1.1 (§ 19.2-310.2 et seq.) of Chapter 18 of Title 19.2 shall apply to all persons and all blood samples taken as required by this section, mutatis mutandis.

§ 19.2-310.2. Blood, saliva or tissue sample required for DNA analysis upon conviction of a felony.

Every person convicted of a felony on or after July 1, 1990, and every person convicted of a felony offense under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 who was incarcerated on July 1, 1989, and every juvenile subject to § 16.1-299.1 shall have a sample of his blood, saliva or tissue taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. The analysis shall be performed by the Division of Forensic Science, Department of Criminal Justice Services. The identification characteristics of the profile resulting from the DNA analysis shall be stored and maintained by the Division in a DNA data bank and shall be made available only as provided in § 19.2-310.5.

After July 1, 1990, the blood, saliva or tissue sample shall be taken prior to release from custody.

Notwithstanding the provisions of § 53.1-159, any person convicted of a felony who is in custody after July 1, 1990, shall provide a blood, saliva or tissue sample prior to his release. Every person so convicted after July 1, 1990, who is not sentenced to a term of confinement shall provide a blood, saliva or tissue sample as a condition of such sentence.