SEARCH SITE
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.
2015 SESSION
15104624DBe it enacted by the General Assembly of Virginia:
1. That §§ 19.2-310.2 and 19.2-310.7 of the Code of Virginia are amended and reenacted as follows:
§ 19.2-310.2. Blood, saliva, or tissue sample required for DNA analysis upon conviction of certain crimes; fee.
A. Every person convicted of a felony on or after July 1,
1990, 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 person convicted of a misdemeanor violation of (i) §
18.2-57, 18.2-60.3, 18.2-67.4, (ii) § 18.2-67.4:2, (iii)
subsection C of § 18.2-67.5, (iv) § 18.2-102, 18.2-121,
18.2-130 or (v) §, 18.2-186.3, 18.2-308, 18.2-370.6, 18.2-387,
18.2-387.1, 18.2-460, or 18.2-479.1 shall have a sample of his blood,
saliva or tissue taken for DNA (deoxyribonucleic acid) analysis to determine
identification characteristics specific to the person. If a sample has been
previously taken from the person as indicated by the Local Inmate Data System
(LIDS), no additional sample shall be taken. The Department of Forensic Science
shall provide to LIDS the most current information submitted to the DNA data
bank on a weekly basis and shall remove from LIDS and the data bank persons no
longer eligible to be in the data bank. A fee of $25 $50 shall be
charged for the withdrawal of this sample. The fee shall be taxed as part of
the costs of the criminal case resulting in the conviction and one-half
$12.50 of the fee shall be paid into the general fund of the locality where
the sample was taken and one-half $37.50 of the fee shall be paid
into the general fund of the state treasury. This fee shall only be taxed one
time regardless of the number of samples taken. The assessment provided for
herein shall be in addition to any other fees prescribed by law. The analysis
shall be performed by the Department of Forensic Science or other entity
designated by the Department. The identification characteristics of the profile
resulting from the DNA analysis shall be stored and maintained by the
Department in a DNA data bank and shall be made available only as provided in §
19.2-310.5.
B. 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 an offense
listed in subsection A 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. A person required under this section to submit a sample for DNA
analysis is not relieved from this requirement regardless of whether no blood,
saliva, or tissue sample has been taken from the person or, if a sample has
been taken, whether the sample or the results from the analysis of a sample
cannot be found in the DNA data bank maintained by the Department of Forensic
Science.
C. Nothing in this section shall prevent the Department of Forensic Science from including the identification characteristics of an individual's DNA profile in the DNA data bank as ordered by a circuit court pursuant to a lawful plea agreement.
D. A collection or placement of a sample for DNA analysis that was taken or retained in good faith does not invalidate the sample's use in the data bank pursuant to the provisions of this article. The detention, arrest, or conviction of a person based upon a data bank match or data bank information is not invalidated if it is determined that the sample was obtained, placed, or retained in the data bank in good faith, or if the conviction or juvenile adjudication that resulted in the collection of the DNA sample was subsequently vacated or otherwise altered in any future proceeding, including but not limited to post-trial or post-fact-finding motions, appeals, or collateral attacks.
E. The Virginia Department of Corrections and the Department of Forensic Science shall, on a quarterly basis, compare databases of offenders under the custody or supervision of the Department of Corrections with the DNA data bank of the Department of Forensic Science. The Virginia Department of Corrections shall require a DNA sample of those offenders under its custody or supervision if they are not identified in the DNA data bank.
F. Each community-based probation services agency established pursuant to § 9.1-174 shall determine by reviewing the Local Inmate Data System upon intake and again prior to discharge whether a blood, saliva, or tissue sample has been taken for DNA analysis for each offender required to submit a sample pursuant to this section and, if no sample has been taken, require an offender to submit a sample for DNA analysis.
G. The sheriff or regional jailer shall determine by reviewing the Local Inmate Data System upon intake and again prior to release whether a blood, saliva, or tissue sample has been taken for DNA analysis for each offender required to submit a sample pursuant to this section and, if no sample has been taken, require an offender to submit a sample for DNA analysis.
§ 19.2-310.7. Expungement when DNA taken for a conviction.
A person whose DNA profile has been included in the data bank
pursuant to § 19.2-310.2 may request expungement on the grounds that the
felony conviction on which the authority for including his DNA profile was
based has been reversed and the case dismissed. The Provided that the
person's DNA profile is not otherwise required to be included in the data bank
pursuant to § 9.1-903, 16.1-299.1, 19.2-310.2, or 19.2-310.2:1, the
Department of Forensic Science shall purge all records and identifiable
information in the data bank pertaining to the person and destroy all samples
from the person upon receipt of (i) a written request for expungement pursuant
to this section and (ii) a certified copy of the court order reversing and
dismissing the conviction.
2. That the provisions of this act shall apply only to persons convicted on or after July 1, 2015.