HB 821

            
2020 SESSION

20102827D

HOUSE BILL NO. 821


Offered January 8, 2020


Prefiled January 7, 2020

A BILL to amend and reenact � 19.2-310.2:1 of the Code of 
 Virginia, relating to saliva or tissue sample required for DNA analysis after 
 arrest for a violent felony.
----------

Patrons-- Jenkins, Ayala and Samirah

----------

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, 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.