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.
2018 SESSION
18102251DBe 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.
Every person arrested for the commission or attempted
commission of a violent felony as defined in § 19.2-297.1 or a violation or
attempt to commit a violation of § 18.2-31, 18.2-89, 18.2-90, 18.2-91, or 18.2-92, 18.2-387, or 18.2-387.1 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 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
as provided in § 19.2-310.5.
The clerk of the court shall notify the Department 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 Department 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.
2. That the provisions of this act shall apply only to persons convicted on or after July 1, 2018.