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2009 SESSION

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090852686
HOUSE BILL NO. 2503 Offered January 15, 2009 A BILL to amend and reenact § 16.1-299.1 of the Code of Virginia, relating to deoxyribonucleic acid (DNA) sample requirements of juveniles. ---------- Patrons-- Pogge and Miller, J.H. ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 16.1-299.1 of the Code of Virginia is amended and reenacted as follows:

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

A A. Any juvenile (i) convicted of a felony, or(ii) adjudicated delinquent on the basis of an act which that would be a felony if committed by an adult, or (iii) whose case involving an offense that would be a felony if committed by an adult is dismissed pursuant to the deferred disposition provisions of § 16.1-278.8, shall have a sample of his blood, saliva or tissue taken for DNA analysis provided the juvenile was 14 years of age or older at the time of the commission of the offense.

B. 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 DNA samples taken as required by this section, mutatis mutandis, provided that DNA samples taken from juveniles in accordance with clause (iii) of subsection A shall not be subject to expungement.

C. The Department of Juvenile Justice shall verify that a DNA sample required to be taken has been received by the Department of Forensic Science. In any case where a DNA sample has not been received, the Department of Juvenile Justice shall notify the court and the court shall require the person to submit a sample for DNA analysis.