SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

1996 SESSION

961524727
SENATE BILL NO. 404
Offered January 22, 1996
A BILL to amend and reenact § 19.2-310.2 of the Code of Virginia, relating to DNA analysis; access to results.
----------
Patron-- Reasor
----------
Referred to the Committee for Courts of Justice
----------

Be it enacted by the General Assembly of Virginia:

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

§ 19.2-310.2. Blood sample required for DNA analysis upon conviction of a felony.

Every person convicted of a felony on or after July 1, 1990, and 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, shall have a sample of his blood taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. The analysis shall be performed by the Division of Forensic Science, Department of General Services. 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 to the person whose blood was analyzed, upon request, and otherwise only as provided in § 19.2-310.5. The Division shall require sufficient identifying information from a person whose blood was taken and who requests the profile and may charge a reasonable fee.

After July 1, 1990, the blood sample shall be taken prior to release from custody.

Notwithstanding the provisions of § 53.1-159, any person convicted of a felony who is in custody after July 1, 1990, shall provide a blood 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 sample as a condition of such sentence.