19.2-310.4 - Procedures for conducting DNA analysis of blood, saliva or tissue sample. - Virginia Statutes

§ 19.2-310.4. Procedures for conducting DNA analysis of blood, saliva ortissue sample.

Whether or not the results of an analysis are to be included in the databank, the Department shall conduct the DNA analysis in accordance withprocedures adopted by the Department to determine identificationcharacteristics specific to the individual whose sample is being analyzed.The Director or his designated representative shall complete and maintain onfile a form indicating the name of the person whose sample is to be analyzed,the date and by whom the blood, saliva or tissue sample was received andexamined, and a statement that the seal on the tube or envelope containingthe sample had not been broken or otherwise tampered with. The remainder of ablood, saliva or tissue sample submitted for analysis and inclusion in thedata bank pursuant to § 19.2-310.2 or 19.2-310.2:1 may be divided, labeled asprovided for the original sample, and securely stored by the Department inaccordance with specific procedures adopted by regulation of the Departmentto ensure the integrity and confidentiality of the samples. All or part ofthe remainder of that sample may be used only (i) to create a statisticaldata base provided no identifying information on the individual whose sampleis being analyzed is included or (ii) for retesting by the Department tovalidate or update the original analysis.

A report of the results of a DNA analysis conducted by the Department asauthorized, including the profile and identifying information, shall be madeand maintained at the Department. A certificate and the results of theanalysis shall be admissible in any court as evidence of the facts thereinstated. Except as specifically provided in this section and § 19.2-310.5, theresults of the analysis shall be securely stored and shall remainconfidential.

(1990, c. 669; 1998, c. 280; 2002, cc. 753, 773; 2003, c. 150; 2005, cc. 868,881.)