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2015 SESSION

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HB 1928 DNA; analysis upon conviction of certain misdemeanors.

Introduced by: Robert B. Bell | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

DNA analysis upon conviction of certain misdemeanors. The bill adds misdemeanor violations of §§ 16.1-253.2 (violation of a protective order), 18.2-60.3 (stalking), 18.2-60.4 (violation of a stalking protective order), 18.2-67.4:1 (infected sexual battery), 18.2-102 (unauthorized use of animal, aircraft, vehicle, or boat valued at less than $200), 18.2-121 (entering property of another for purpose of damaging it), 18.2-387 (indecent exposure), 18.2-387.1 (obscene sexual display), and 18.2-479.1 (resisting arrest) to the list of offenses for which an adult convicted of such offense must have a sample of his blood, saliva, or tissue taken for DNA analysis. Under current law, a sample is taken for DNA analysis from adults convicted of only five misdemeanor sex offenses: (i) § 18.2-67.4 (sexual battery), (ii) § 18.2-67.4:2 (sexual abuse of a child 13 years of age or older but under 15), (iii) § 18.2-67.5 (attempted sexual battery), (iv) § 18.2-130 (peeping), or (v) § 18.2-370.6 (penetrating the mouth of a child under 13 with the tongue). The bill also increases the fee collected for the withdrawal of the DNA sample from $25 to $53.The provisions of the bill apply only to persons convicted on or after July 1, 2015. This bill is identical to SB 1187.

SUMMARY AS PASSED HOUSE:

DNA analysis upon conviction of certain misdemeanors. The bill adds misdemeanor violations of § 16.1-253.2 (violation of a protective order), 18.2-60.3 (stalking), 18.2-60.4 (violation of a stalking protective order),18.2-67.4:1 (infected sexual battery), 18.2-102 (unauthorized use of animal, aircraft, vehicle, or boat valued at less than $200), 18.2-121 (entering property of another for purpose of damaging it), 18.2-387 (indecent exposure), 18.2-387.1 (obscene sexual display) and 18.2-479.1 (resisting arrest) to the list of offenses for which an adult convicted of such offense must have a sample of his blood, saliva, or tissue taken for DNA analysis. Under current law, a sample is taken for DNA analysis from adults convicted of only five misdemeanor sex offenses: (i) § 18.2-67.4 (sexual battery), (ii) § 18.2-67.4:2 (sexual abuse of a child 13 years of age or older but under 15), (iii) § 18.2-67.5 (attempted sexual battery), (iv) § 18.2-130 (peeping), or (v) § 18.2-370.6 (penetrating the mouth of a child under 13 with the tongue).  The bill also increases the fee collected for the withdrawal of the DNA sample from $25 to $53.The provisions of the bill apply only to persons convicted on or after July 1, 2015. This bill incorporates HB 1617.

SUMMARY AS INTRODUCED:

DNA analysis upon conviction of certain misdemeanors. Adds offenses punishable as Class 1 or Class 2 misdemeanors under § 16.1-253.2 (violation of protective orders), Title 18.2, with certain exceptions, Title 19.2, or § 20-61 (desertion or nonsupport) to the list of offenses for which a person convicted of such offense must have a sample of his blood, saliva, or tissue taken for DNA analysis, provided that the person was sentenced to a term of incarceration, regardless of whether such sentence is suspended in whole or in part. The bill also requires such sample be taken from every juvenile convicted of or adjudicated delinquent of such misdemeanors who has been committed to the Department of Juvenile Justice and every juvenile convicted of or adjudicated delinquent of a violation of § 18.2-67.4 (sexual battery), subsection C of § 18.2-67.5 (attempt to commit sexual battery), or § 18.2-130 (peeping). Under current law, a sample is not taken for DNA analysis from juveniles convicted of or adjudicated delinquent of any misdemeanor offenses and is taken from adults convicted of only five misdemeanor sex offenses: (i) § 18.2-67.4, (ii) § 18.2-67.4:2 (sexual abuse of a child 13 years of age or older but under 15), (iii) § 18.2-67.5, (iv) § 18.2-130, or (v) § 18.2-370.6 (penetrating the mouth of a child under 13 with the tongue). The provisions of the bill apply only to persons convicted or juveniles adjudicated delinquent on or after July 1, 2015.