Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/06/2020        

DNA sample after arrest; certain misdemeanors.

Adds indecent exposure and obscene sexual display to the list of crimes for which a DNA sample must be taken upon arrest for commission or attempted commission of such crimes. The provisions of the bill apply only to persons convicted on or after July 1, 2020.

Date Version PDF TXT
01/06/2020 House: Prefiled and ordered printed; offered 01/08/20 20104133D Open

            

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.
    ----------
    Patron-- Rush
    ----------
    Referred to Committee for Courts of Justice
    ----------

    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.

    Picture Name From Date Type
    L. Nick Rush R-Richmond Sponsor
    Date Branch Action
    01/27/2020 House House: Subcommittee failed to recommend reporting (4-Y 4-N)
    01/26/2020 House House: Assigned Courts sub: Criminal
    01/06/2020 House House: Prefiled and ordered printed; offered 01/08/20 20104133D
    01/06/2020 House House: Referred to Committee for Courts of Justice
    Summary
    Congress - Bill Number Major Title
    Branch Vote Date Yes No Not Voting
    House 1/26/2020 12:00:00 AM 4 5 0
    Wiki





    Start Description.
    Adds indecent exposure and obscene sexual display to the list of crimes for which a DNA sample must be taken upon arrest for commission or attempted commission of such crimes. The provisions of the bill apply only to persons convicted on or after July 1, 2020.
    End Description.

    Bill TEXT Points.
    This Bill has been listed with the following Subjects from Texts:
    DNA
    2:1 of the Code of Virginia, relating to DNA analysis after arrest


    End Bill TEXT Points.
    Date Bill Major Title
    Committee Name
    Subject Type