Bill Text: VA HB294 | 2018 | Regular Session | Prefiled
Bill Title: DNA; sample taken upon conviction, fee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-15 - Left in Courts of Justice [HB294 Detail]
Download: Virginia-2018-HB294-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §19.2-310.2 of the Code of Virginia is amended and reenacted as follows:
§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 a misdemeanor violation of §16.1-253.2, 18.2-60.3,
18.2-60.4, 18.2-67.4, 18.2-67.4:1, 18.2-67.4:2, 18.2-67.5, 18.2-102, 18.2-121,
18.2-130, 18.2-370.6, 18.2-387, 18.2-387.1, or 18.2-479.1 shall have a sample
of his blood, saliva or tissue taken for DNA (deoxyribonucleic acid) analysis
to determine identification characteristics specific to the person. If a sample
has been previously taken from the person as indicated by the Local Inmate Data
System (LIDS), no additional sample shall be taken. The Department of Forensic
Science shall provide to LIDS the most current information submitted to the DNA
data bank on a weekly basis and shall remove from LIDS and the data bank
persons no longer eligible to be in the data bank. A fee of $53 shall be
charged for the withdrawal of this sample. The fee shall be taxed as part of
the costs of the criminal case resulting in the conviction and $15 of the fee
shall be paid into the general fund of the locality where the sample was taken
and $38 of the fee shall be paid into the general fund of the state treasury. This fee shall only be taxed one time regardless
of the number of samples taken. The assessment provided for
herein shall be in addition to any other fees prescribed by law. The analysis
shall be performed by the Department of Forensic Science or other entity
designated by the Department. The identification characteristics of the profile
resulting from the DNA analysis shall be stored and maintained by the
Department in a DNA data bank and shall be made available only as provided in §
19.2-310.5.
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 an offense listed in subsection A who is in custody after July 1, 1990, shall provide a blood, saliva, or tissue sample prior to his release. Every person so convicted after July 1, 1990, who is not sentenced to a term of confinement shall provide a blood, saliva, or tissue sample as a condition of such sentence. A person required under this section to submit a sample for DNA analysis is not relieved from this requirement regardless of whether no blood, saliva, or tissue sample has been taken from the person or, if a sample has been taken, whether the sample or the results from the analysis of a sample cannot be found in the DNA data bank maintained by the Department of Forensic Science.
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. The Department of State Police shall verify that a DNA sample required to be taken for the Sex Offender and Crimes Against Minors Registry pursuant to §9.1-903 has been received by the Department of Forensic Science. In any instance where a DNA sample has not been received, the Department of State Police or its designee shall obtain from the person required to register a sample for DNA analysis.
G. 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.
H. 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.
