Bill Text: VA HB1617 | 2015 | Regular Session | Prefiled
Bill Title: DNA; analysis upon conviction of certain Class 1 misdemeanors.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-02-04 - Incorporated by Courts of Justice [HB1617 Detail]
Download: Virginia-2015-HB1617-Prefiled.html
15103215D Be it enacted by the General Assembly of Virginia: 1. That §§16.1-299.1, 19.2-310.2, and 19.2-310.7 of the Code of Virginia are amended and reenacted as follows: §16.1-299.1. Sample required for DNA analysis upon conviction or adjudication of felony or certain misdemeanors. A juvenile convicted of a felony or a violation of §18.2-67.4, subsection
C of §18.2-67.5, or §18.2-130 or
adjudicated delinquent on the basis of an act The provisions of Article 1.1 (§19.2-310.2 et seq.) of Chapter 18 of Title 19.2 shall apply to all persons and all DNA samples taken as required by this section, mutatis mutandis. The Department of Juvenile Justice shall verify that a DNA sample required to be taken has been received by the Department of Forensic Science. In any case where a DNA sample has not been received, the Department of Juvenile Justice shall notify the court and the court shall require the person to submit a sample for DNA analysis. §19.2-310.2. Blood, saliva, or tissue sample required for DNA analysis upon conviction of certain crimes; fee. A. Every person convicted of a felony on or after July 1,
1990, 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, and
every person convicted of B. After July 1, 1990, the blood, saliva or tissue sample
shall be taken prior to release from custody. Notwithstanding the provisions of
§53.1-159, any person convicted of C. Nothing in this section shall prevent the Department of Forensic Science from including the identification characteristics of an individual's DNA profile in the DNA data bank as ordered by a circuit court pursuant to a lawful plea agreement. D. A collection or placement of a sample for DNA analysis that was taken or retained in good faith does not invalidate the sample's use in the data bank pursuant to the provisions of this article. The detention, arrest, or conviction of a person based upon a data bank match or data bank information is not invalidated if it is determined that the sample was obtained, placed, or retained in the data bank in good faith, or if the conviction or juvenile adjudication that resulted in the collection of the DNA sample was subsequently vacated or otherwise altered in any future proceeding, including but not limited to post-trial or post-fact-finding motions, appeals, or collateral attacks. E. The Virginia Department of Corrections and the Department of Forensic Science shall, on a quarterly basis, compare databases of offenders under the custody or supervision of the Department of Corrections with the DNA data bank of the Department of Forensic Science. The Virginia Department of Corrections shall require a DNA sample of those offenders under its custody or supervision if they are not identified in the DNA data bank. F. Each community-based probation services agency established pursuant to §9.1-174 shall determine by reviewing the Local Inmate Data System upon intake and again prior to discharge whether a blood, saliva, or tissue sample has been taken for DNA analysis for each offender required to submit a sample pursuant to this section and, if no sample has been taken, require an offender to submit a sample for DNA analysis. G. The sheriff or regional jailer shall determine by reviewing the Local Inmate Data System upon intake and again prior to release whether a blood, saliva, or tissue sample has been taken for DNA analysis for each offender required to submit a sample pursuant to this section and, if no sample has been taken, require an offender to submit a sample for DNA analysis. §19.2-310.7. Expungement when DNA taken for a conviction. A person whose DNA profile has been included in the data bank
pursuant to §19.2-310.2 may request expungement on the grounds that the 2. That the provisions of this act shall apply only to persons convicted or adjudicated delinquent on or after July 1, 2015. |