19.2-270.5 - DNA profile admissible in criminal proceeding. - Virginia Statutes

§ 19.2-270.5. DNA profile admissible in criminal proceeding.

In any criminal proceeding, DNA (deoxyribonucleic acid) testing shall bedeemed to be a reliable scientific technique and the evidence of a DNAprofile comparison may be admitted to prove or disprove the identity of anyperson. This section shall not otherwise limit the introduction of anyrelevant evidence bearing upon any question at issue before the court,including the accuracy and reliability of the procedures employed in thecollection and analysis of a particular DNA sample. The court shall,regardless of the results of the DNA analysis, if any, consider such otherrelevant evidence of the identity of the accused as shall be admissible inevidence.

At least twenty-one days prior to commencement of the proceeding in which theresults of a DNA analysis will be offered as evidence, the party intending tooffer the evidence shall notify the opposing party, in writing, of the intentto offer the analysis and shall provide or make available copies of theprofiles and the report or statement to be introduced. In the event that suchnotice is not given, and the person proffers such evidence, then the courtmay in its discretion either allow the opposing party a continuance or, underappropriate circumstances, bar the person from presenting such evidence. Theperiod of any such continuance shall not be counted for speedy trial purposesunder § 19.2-243. If the opposing party intends to object to theadmissibility of such evidence he shall give written notice of that fact andthe basis for his objections at least ten days prior to commencement of theproceedings.

(1990, c. 669; 1997, c. 315; 2002, cc. 627, 885.)