{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-11.6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-11.6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-11.6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-11.6.html"}],"law_id":54372,"edition_id":1,"section_id":54372,"structure_id":13403,"section_number":"19.2-11.6","catch_line":"Anonymous physical evidence recovery kits and anonymous trace evidence collection kits","history":"2016, cc. 332, 698; 2017, c. 535; 2023, c. 312.","full_text":"A\n\nWhen a victim of sexual assault or strangulation who undergoes a forensic medical examination elects not to report the offense to law enforcement, the health care provider shall inform the victim that the physical evidence recovery kit or trace evidence collection kit shall be forwarded to the Division for storage as an anonymous physical evidence recovery kit or anonymous trace evidence collection kit. The health care provider shall further inform the victim of the length of time the anonymous physical evidence recovery kit or anonymous trace evidence collection kit will be stored by the Division, the victim’s right to object to the destruction of the anonymous physical evidence recovery kit or anonymous trace evidence collection kit, and how the victim can have the anonymous physical evidence recovery kit or anonymous trace evidence collection kit released to a law-enforcement agency at a later date. The health care provider shall forward the anonymous physical evidence recovery kit or anonymous trace evidence collection kit to the Division in accordance with the policies and procedures established by the Division.B\n\nThe Division shall store any anonymous physical evidence recovery kit or anonymous trace evidence collection kit received for a minimum of two years. The Division shall store the anonymous physical evidence recovery kit or anonymous trace evidence collection kit for an additional period of 10 years following the receipt of a written objection to the destruction of the anonymous physical evidence recovery kit or anonymous trace evidence collection kit from the victim. After the initial two years or any additional 10-year storage period, the Division, in the absence of the receipt of a written objection from the victim in the most recent 10-year period, may destroy the anonymous physical evidence recovery kit or anonymous trace evidence collection kit or, in its discretion or upon request of the victim or the law-enforcement agency, may elect to retain the anonymous physical evidence recovery kit or anonymous trace evidence collection kit for a longer period of time. Upon notification from either the law-enforcement agency or the attorney for the Commonwealth that the victim has elected to report the offense to the law-enforcement agency, the Division shall release the anonymous physical evidence recovery kit or anonymous trace evidence collection kit to the law-enforcement agency.","order_by":null,"text":{"0":{"id":199651,"text":"When a victim of sexual assault or strangulation who undergoes a forensic medical examination elects not to report the offense to law enforcement, the health care provider shall inform the victim that the physical evidence recovery kit or trace evidence collection kit shall be forwarded to the Division for storage as an anonymous physical evidence recovery kit or anonymous trace evidence collection kit. The health care provider shall further inform the victim of the length of time the anonymous physical evidence recovery kit or anonymous trace evidence collection kit will be stored by the Division, the victim’s right to object to the destruction of the anonymous physical evidence recovery kit or anonymous trace evidence collection kit, and how the victim can have the anonymous physical evidence recovery kit or anonymous trace evidence collection kit released to a law-enforcement agency at a later date. The health care provider shall forward the anonymous physical evidence recovery kit or anonymous trace evidence collection kit to the Division in accordance with the policies and procedures established by the Division.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":199652,"text":"The Division shall store any anonymous physical evidence recovery kit or anonymous trace evidence collection kit received for a minimum of two years. The Division shall store the anonymous physical evidence recovery kit or anonymous trace evidence collection kit for an additional period of 10 years following the receipt of a written objection to the destruction of the anonymous physical evidence recovery kit or anonymous trace evidence collection kit from the victim. After the initial two years or any additional 10-year storage period, the Division, in the absence of the receipt of a written objection from the victim in the most recent 10-year period, may destroy the anonymous physical evidence recovery kit or anonymous trace evidence collection kit or, in its discretion or upon request of the victim or the law-enforcement agency, may elect to retain the anonymous physical evidence recovery kit or anonymous trace evidence collection kit for a longer period of time. Upon notification from either the law-enforcement agency or the attorney for the Commonwealth that the victim has elected to report the offense to the law-enforcement agency, the Division shall release the anonymous physical evidence recovery kit or anonymous trace evidence collection kit to the law-enforcement agency.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13403,"edition_id":1,"name":"Physical Evidence Recovery Kits and Trace Evidence Collection Kits","identifier":"1.2","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:44:49","date_modified":"2026-06-26 03:44:49","permalink":{"id":168271,"object_type":"structure","relational_id":13403,"identifier":"1.2","token":"19.2\/1.2","url":"\/19.2\/1.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83392,"structure_id":13403,"section_number":"19.2-11.10","catch_line":"Expungement of DNA profile","url":"\/19.2-11.10\/","token":"19.2\/1.2\/19.2-11.10","metadata":false},{"id":68792,"structure_id":13403,"section_number":"19.2-11.11","catch_line":"Victim's right to notification of scientific analysis information","url":"\/19.2-11.11\/","token":"19.2\/1.2\/19.2-11.11","metadata":false},{"id":83902,"structure_id":13403,"section_number":"19.2-11.12","catch_line":"Costs of physical evidence recovery kits and trace evidence collection kits","url":"\/19.2-11.12\/","token":"19.2\/1.2\/19.2-11.12","metadata":false},{"id":62487,"structure_id":13403,"section_number":"19.2-11.13","catch_line":"Physical Evidence Recovery Kit Tracking System","url":"\/19.2-11.13\/","token":"19.2\/1.2\/19.2-11.13","metadata":false},{"id":57134,"structure_id":13403,"section_number":"19.2-11.5","catch_line":"Definitions","url":"\/19.2-11.5\/","token":"19.2\/1.2\/19.2-11.5","metadata":false},{"id":54372,"structure_id":13403,"section_number":"19.2-11.6","catch_line":"Anonymous physical evidence recovery kits and anonymous trace evidence collection kits","url":"\/19.2-11.6\/","token":"19.2\/1.2\/19.2-11.6","metadata":false},{"id":71380,"structure_id":13403,"section_number":"19.2-11.6:1","catch_line":"Telehealth sexual assault forensic examinations; admissibility of physical evidence recovery kit","url":"\/19.2-11.6_1\/","token":"19.2\/1.2\/19.2-11.6_1","metadata":false},{"id":76997,"structure_id":13403,"section_number":"19.2-11.7","catch_line":"Law enforcement taking possession of physical evidence recovery kits and trace evidence collection kits","url":"\/19.2-11.7\/","token":"19.2\/1.2\/19.2-11.7","metadata":false},{"id":62452,"structure_id":13403,"section_number":"19.2-11.8","catch_line":"Submission of physical evidence recovery kits and trace evidence collection kits to the Department","url":"\/19.2-11.8\/","token":"19.2\/1.2\/19.2-11.8","metadata":false},{"id":69873,"structure_id":13403,"section_number":"19.2-11.9","catch_line":"Lack of compliance with procedures","url":"\/19.2-11.9\/","token":"19.2\/1.2\/19.2-11.9","metadata":false}],"previous_section":{"id":57134,"structure_id":13403,"section_number":"19.2-11.5","catch_line":"Definitions","url":"\/19.2-11.5\/","token":"19.2\/1.2\/19.2-11.5","metadata":false},"next_section":{"id":71380,"structure_id":13403,"section_number":"19.2-11.6:1","catch_line":"Telehealth sexual assault forensic examinations; admissibility of physical evidence recovery kit","url":"\/19.2-11.6_1\/","token":"19.2\/1.2\/19.2-11.6_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-11.6\/","history_text":"

This law was first created in 2016. The record of its establishment is cataloged in chapters 332<\/a> and 698<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2017, chapter 535<\/a>; in 2023, chapter 312<\/a>.<\/p>","references":[{"id":67802,"section_number":"32.1-162.15:8","catch_line":"Storage, retention, and dissemination of photographic documentation","order_by":null,"url":"\/32.1-162.15_8\/"},{"id":75863,"section_number":"32.1-162.15:9","catch_line":"Submission of evidence","order_by":null,"url":"\/32.1-162.15_9\/"}],"refers_to":false,"permalink":{"id":168293,"object_type":"law","relational_id":54372,"identifier":"19.2-11.6","token":"19.2\/1.2\/19.2-11.6","url":"\/19.2-11.6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-11.6\/","token":"19.2\/1.2\/19.2-11.6","dublin_core":{"Title":"Anonymous physical evidence recovery kits and anonymous trace evidence collection kits","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-11.6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When a victim of sexual assault<\/span> or strangulation who undergoes a forensic medical examination elects not to report the offense<\/span> to law<\/span> enforcement, the health care provider<\/span> shall inform the victim that the physical evidence recovery kit<\/span> or trace evidence collection kit<\/span> shall be forwarded to the Division<\/span> for storage as an anonymous physical evidence recovery kit<\/span><\/span> or anonymous trace evidence collection kit<\/span><\/span>. The health care provider<\/span> shall further inform the victim of the length of time the anonymous physical evidence recovery kit<\/span><\/span> or anonymous trace evidence collection kit<\/span><\/span> will be stored by the Division<\/span>, the victim’s right to object<\/span> to the destruction of the anonymous physical evidence recovery kit<\/span><\/span> or anonymous trace evidence collection kit<\/span><\/span>, and how the victim can have the anonymous physical evidence recovery kit<\/span><\/span> or anonymous trace evidence collection kit<\/span><\/span> released to a law<\/span>-enforcement agency<\/span> at a later date. The health care provider<\/span> shall forward the anonymous physical evidence recovery kit<\/span><\/span> or anonymous trace evidence collection kit<\/span><\/span> to the Division<\/span> in accordance with the policies and procedures established by the Division<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Division<\/span> shall store any anonymous physical evidence recovery kit<\/span><\/span> or anonymous trace evidence collection kit<\/span><\/span> received for a minimum of two years. The Division<\/span> shall store the anonymous physical evidence recovery kit<\/span><\/span> or anonymous trace evidence collection kit<\/span><\/span> for an additional period of 10 years following the receipt of a written objection to the destruction of the anonymous physical evidence recovery kit<\/span><\/span> or anonymous trace evidence collection kit<\/span><\/span> from the victim. After the initial two years or any additional 10-year storage period, the Division<\/span>, in the absence of the receipt of a written objection from the victim in the most recent 10-year period, may destroy the anonymous physical evidence recovery kit<\/span><\/span> or anonymous trace evidence collection kit<\/span><\/span> or, in its discretion or upon request of the victim or the law<\/span>-enforcement agency<\/span>, may elect to retain the anonymous physical evidence recovery kit<\/span><\/span> or anonymous trace evidence collection kit<\/span><\/span> for a longer period of time. Upon notification from either the law<\/span>-enforcement agency<\/span> or the attorney for the Commonwealth that the victim has elected to report the offense<\/span> to the law<\/span>-enforcement agency<\/span>, the Division<\/span> shall release the anonymous physical evidence recovery kit<\/span><\/span> or anonymous trace evidence collection kit<\/span><\/span> to the law<\/span>-enforcement agency<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nANONYMOUS PHYSICAL EVIDENCE RECOVERY KITS AND ANONYMOUS TRACE EVIDENCE\nCOLLECTION KITS (\u00a7 19.2-11.6)\n\nA. When a victim of sexual assault or strangulation who undergoes a forensic\nmedical examination elects not to report the offense to law enforcement, the\nhealth care provider shall inform the victim that the physical evidence recovery\nkit or trace evidence collection kit shall be forwarded to the Division for\nstorage as an anonymous physical evidence recovery kit or anonymous trace\nevidence collection kit. The health care provider shall further inform the\nvictim of the length of time the anonymous physical evidence recovery kit or\nanonymous trace evidence collection kit will be stored by the Division, the\nvictim’s right to object to the destruction of the anonymous physical\nevidence recovery kit or anonymous trace evidence collection kit, and how the\nvictim can have the anonymous physical evidence recovery kit or anonymous trace\nevidence collection kit released to a law-enforcement agency at a later date.\nThe health care provider shall forward the anonymous physical evidence recovery\nkit or anonymous trace evidence collection kit to the Division in accordance\nwith the policies and procedures established by the Division.\n\nB. The Division shall store any anonymous physical evidence recovery kit or\nanonymous trace evidence collection kit received for a minimum of two years. The\nDivision shall store the anonymous physical evidence recovery kit or anonymous\ntrace evidence collection kit for an additional period of 10 years following the\nreceipt of a written objection to the destruction of the anonymous physical\nevidence recovery kit or anonymous trace evidence collection kit from the\nvictim. After the initial two years or any additional 10-year storage period,\nthe Division, in the absence of the receipt of a written objection from the\nvictim in the most recent 10-year period, may destroy the anonymous physical\nevidence recovery kit or anonymous trace evidence collection kit or, in its\ndiscretion or upon request of the victim or the law-enforcement agency, may\nelect to retain the anonymous physical evidence recovery kit or anonymous trace\nevidence collection kit for a longer period of time. Upon notification from\neither the law-enforcement agency or the attorney for the Commonwealth that the\nvictim has elected to report the offense to the law-enforcement agency, the\nDivision shall release the anonymous physical evidence recovery kit or anonymous\ntrace evidence collection kit to the law-enforcement agency.\n\nHISTORY: 2016, cc. 332, 698; 2017, c. 535; 2023, c. 312.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}