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2015 SESSION

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SB 1187 DNA; analysis upon conviction of certain misdemeanors.

Introduced by: Mark D. Obenshain | 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 HB 1928.

SUMMARY AS PASSED SENATE:

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. The provisions of the bill are contingent on funding in a general appropriation act.

SUMMARY AS INTRODUCED:

DNA analysis upon conviction of certain misdemeanors. Adds misdemeanor violations of § 16.1-253.2 (violation of protective orders), 18.2-19 (accessory after the fact), 18.2-60.3 (stalking), 18.2-67.4:1 (infected sexual battery), 18.2-119 (trespass), 18.2-346 (solicitation of prostitution), 18.2-371 (contributing to the delinquency of a minor), 18.2-387 (indecent exposure), or 18.2-387.1 (obscene sexual display) 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. The bill also requires such sample be taken from every juvenile convicted of or adjudicated delinquent of a misdemeanor violation of § 16.2-253.2, 18.2-19, 18.2-60.3, 18.2-67.4 (sexual battery), 18.2-67.4:1, 18.2-67.5 (attempt to commit sexual battery), 18.2-119, 18.2-130 (peeping), 18.2-346, 18.2-387, or 18.2-387.1. Under current law, a sample is not taken for DNA analysis from juveniles convicted 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.