HB 711

            
2020 SESSION

20104133D

HOUSE BILL NO. 711


Offered January 8, 2020


Prefiled January 6, 2020

A BILL to amend and reenact � 19.2-310.2:1 of the Code of 
 Virginia, relating to DNA analysis after arrest.
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Patron-- Rush

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Referred to Committee for Courts of Justice

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Be 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 for a violent felony.
 
 
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 persons 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 only apply to 
 persons convicted on or after July 1, 2020.