19.2-310.5 - DNA data bank. - Virginia Statutes

§ 19.2-310.5. DNA data bank.

A. It shall be the duty of the Department to receive samples of humanbiological evidence and to analyze, classify, and file the results of DNAidentification characteristics profiles of samples of human biologicalevidence submitted pursuant to § 19.2-310.2 or 19.2-310.2:1 and to make suchinformation available as provided in this section. The results of an analysisand comparison of the identification characteristics from two or more samplesof human biological evidence shall be made available directly to federal,state and local law-enforcement officers upon request made in furtherance ofan official investigation of any criminal offense, or to an accused or hisattorney pursuant to § 9.1-1104. The Department shall confirm whether or notthere is a DNA profile on file for a specific individual if a federal, stateor local law-enforcement officer requests that information in furtherance ofan official investigation of any criminal offense. The name of the requestorand the purpose for which the information is requested shall be maintained onfile with the Department.

B. The Department shall adopt regulations governing (i) the methods ofobtaining information from the data bank in accordance with this section and(ii) procedures for verification of the identity and authority of therequestor. The Department shall specify the positions in that agency whichrequire regular access to the data bank and samples submitted as a necessaryfunction of the job.

C. The Department shall create a separate statistical data base comprised ofDNA profiles of samples of human biological evidence of persons whoseidentity is unknown. Nothing in this section or § 19.2-310.6 shall prohibitthe Department from sharing or otherwise disseminating the information in thestatistical data base with law-enforcement or criminal justice agencieswithin or without the Commonwealth.

D. The Department may charge a reasonable fee to search and provide acomparative analysis of DNA profiles in the data bank to any authorizedlaw-enforcement agency outside of the Commonwealth.

(1990, c. 669; 1998, c. 280; 2000, c. 284; 2002, cc. 753, 773; 2005, cc. 868,881; 2010, c. 502.)