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.

2005 SESSION

• history | hilite | pdf | print version

051218420
HOUSE BILL NO. 1639 Offered January 12, 2005 Prefiled December 17, 2004 A BILL to amend and reenact § 19.2-310.2:1 of the Code of Virginia, relating to DNA analysis after arrest for solicitation of prostitution or a drug offense. ---------- Patron-- Miles ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 19.2-310.2:1 of the Code of Virginia is amended and reenacted as follows:

§ 19.2-310.2:1. Saliva or tissue sample required for DNA analysis after arrest for a violent felony or for solicitation of prostitution.

Every person arrested for (i) the commission or attempted commission of a violent felony as defined in § 19.2-297.1; or (ii) a violation or attempt to commit a violation of §§ 18.2-89, 18.2-90, 18.2-91, or § 18.2-92, or subsection B of § 18.2-346; or (iii) a violation or attempt to commit a violation under Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 shall have a sample of his saliva or tissue taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. After a determination by a magistrate or a grand jury that probable cause exists for the arrest, a sample shall be taken prior to the person's release from custody. The analysis shall be performed by the Division of Forensic Science or other entity designated by the Division. 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 as provided in § 19.2-310.5.

The clerk of the court shall notify the Division of final disposition of the criminal proceedings. If the charge for which the sample was taken is dismissed or the defendant is acquitted at trial, the Division shall destroy the sample and all records thereof, provided there is no other pending qualifying warrant or capias for an arrest or felony conviction that would otherwise require that the sample remain in the data bank.