19.2-310.2:1 - Saliva or tissue sample required for DNA analysis after arrest for a violent felony - Virginia Statutes

§ 19.2-310.2:1. Saliva or tissue sample required for DNA analysis afterarrest for a violent felony.

Every person arrested for the commission or attempted commission of a violentfelony as defined in § 19.2-297.1 or a violation or attempt to commit aviolation of § 18.2-31, 18.2-89, 18.2-90, 18.2-91, or 18.2-92, shall have asample of his saliva or tissue taken for DNA (deoxyribonucleic acid) analysisto determine identification characteristics specific to the person. After adetermination by a magistrate or a grand jury that probable cause exists forthe arrest, a sample shall be taken prior to the person's release fromcustody. The analysis shall be performed by the Department of ForensicScience or other entity designated by the Department. The identificationcharacteristics of the profile resulting from the DNA analysis shall bestored and maintained by the Department in a DNA data bank and shall be madeavailable as provided in § 19.2-310.5.

The clerk of the court shall notify the Department of final disposition ofthe criminal proceedings. If the charge for which the sample was taken isdismissed or the defendant is acquitted at trial, the Department shalldestroy the sample and all records thereof, provided there is no otherpending qualifying warrant or capias for an arrest or felony conviction thatwould otherwise require that the sample remain in the data bank.

(2002, cc. 753, 773; 2003, c. 150; 2004, c. 445; 2005, cc. 868, 881; 2006, c.182.)