{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-270.4_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-270.4_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-270.4_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-270.4_1.html"}],"law_id":58746,"edition_id":1,"section_id":58746,"structure_id":12962,"section_number":"19.2-270.4:1","catch_line":"Storage, preservation and retention of human biological evidence in felony cases","history":"2001, cc. 873, 874, 875; 2002, c. 832; 2005, cc. 868, 881; 2021, Sp. Sess. I, cc. 344, 345.","full_text":"A\n\nNotwithstanding any provision of law or rule of court, upon motion of a person convicted of a felony or his attorney of record to the circuit court that entered the judgment for the offense, the court shall order the storage, preservation, and retention of specifically identified human biological evidence or representative samples collected or obtained in the case for a period of up to 15 years from the time of conviction, unless the court determines, in its discretion, that the evidence should be retained for a longer period of time. Upon the filing of such a motion, the defendant may request a hearing for the limited purpose of identifying the human biological evidence or representative samples that are to be stored in accordance with the provisions of this section. Upon the granting of the motion, the court shall order the clerk of the circuit court to transfer all such evidence to the Department of Forensic Science. The Department of Forensic Science shall store, preserve, and retain such evidence. If the evidence is not within the custody of the clerk at the time the order is entered, the court shall order the governmental entity having custody of the evidence to transfer such evidence to the Department of Forensic Science. Upon the entry of an order under this subsection, the court may upon motion or upon good cause shown, with notice to the convicted person, his attorney of record and the attorney for the Commonwealth, modify the original storage order, as it relates to time of storage of the evidence or samples, for a period of time greater than or less than that specified in the original order.B\n\nPursuant to standards and guidelines established by the Department of Forensic Science, the order shall state the method of custody, transfer and return of any evidence to insure and protect the Commonwealth’s interest in the integrity of the evidence. Pursuant to standards and guidelines established by the Department of Forensic Science, the Department of Forensic Science, local law-enforcement agency or other custodian of the evidence shall take all necessary steps to preserve, store, and retain the evidence and its chain of custody for the period of time specified.C\n\nIn any proceeding under this section, the court, upon a finding that the physical evidence is of such a nature, size or quantity that storage, preservation or retention of all of the evidence is impractical, may order the storage of only representative samples of the evidence. The Department of Forensic Science shall take representative samples, cuttings or swabbings and retain them. The remaining evidence shall be handled according to § 19.2-270.4 or as otherwise provided for in the Code.D\n\nAn action under this section or the performance of any attorney representing the petitioner under this section shall not form the basis for relief in any habeas corpus or appellate proceeding. Nothing in this section shall create any cause of action for damages against the Commonwealth, or any of its political subdivisions or officers, employees or agents of the Commonwealth or its political subdivisions.","order_by":null,"text":{"0":{"id":215286,"text":"Notwithstanding any provision of law or rule of court, upon motion of a person convicted of a felony or his attorney of record to the circuit court that entered the judgment for the offense, the court shall order the storage, preservation, and retention of specifically identified human biological evidence or representative samples collected or obtained in the case for a period of up to 15 years from the time of conviction, unless the court determines, in its discretion, that the evidence should be retained for a longer period of time. Upon the filing of such a motion, the defendant may request a hearing for the limited purpose of identifying the human biological evidence or representative samples that are to be stored in accordance with the provisions of this section. Upon the granting of the motion, the court shall order the clerk of the circuit court to transfer all such evidence to the Department of Forensic Science. The Department of Forensic Science shall store, preserve, and retain such evidence. If the evidence is not within the custody of the clerk at the time the order is entered, the court shall order the governmental entity having custody of the evidence to transfer such evidence to the Department of Forensic Science. Upon the entry of an order under this subsection, the court may upon motion or upon good cause shown, with notice to the convicted person, his attorney of record and the attorney for the Commonwealth, modify the original storage order, as it relates to time of storage of the evidence or samples, for a period of time greater than or less than that specified in the original order.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":215287,"text":"Pursuant to standards and guidelines established by the Department of Forensic Science, the order shall state the method of custody, transfer and return of any evidence to insure and protect the Commonwealth’s interest in the integrity of the evidence. Pursuant to standards and guidelines established by the Department of Forensic Science, the Department of Forensic Science, local law-enforcement agency or other custodian of the evidence shall take all necessary steps to preserve, store, and retain the evidence and its chain of custody for the period of time specified.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":215288,"text":"In any proceeding under this section, the court, upon a finding that the physical evidence is of such a nature, size or quantity that storage, preservation or retention of all of the evidence is impractical, may order the storage of only representative samples of the evidence. The Department of Forensic Science shall take representative samples, cuttings or swabbings and retain them. The remaining evidence shall be handled according to § 19.2-270.4 or as otherwise provided for in the Code.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":215289,"text":"An action under this section or the performance of any attorney representing the petitioner under this section shall not form the basis for relief in any habeas corpus or appellate proceeding. Nothing in this section shall create any cause of action for damages against the Commonwealth, or any of its political subdivisions or officers, employees or agents of the Commonwealth or its political subdivisions.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":12962,"edition_id":1,"name":"In General","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12961,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":169213,"object_type":"structure","relational_id":12962,"identifier":"1","token":"19.2\/16\/1","url":"\/19.2\/16\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12961,"edition_id":1,"name":"Evidence and Witnesses","identifier":"16","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":169211,"object_type":"structure","relational_id":12961,"identifier":"16","token":"19.2\/16","url":"\/19.2\/16\/","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":70616,"structure_id":12962,"section_number":"19.2-267","catch_line":"Provisions applicable to witnesses in criminal as well as civil cases; 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access to defendant","url":"\/19.2-270.1_1\/","token":"19.2\/16\/1\/19.2-270.1_1","metadata":false},{"id":54053,"structure_id":12962,"section_number":"19.2-270.2","catch_line":"Disposition of money, securities or documents seized upon arrest, etc., and pertinent as evidence","url":"\/19.2-270.2\/","token":"19.2\/16\/1\/19.2-270.2","metadata":false},{"id":79537,"structure_id":12962,"section_number":"19.2-270.3","catch_line":"Admissible evidence as to identity of party presenting bad check, draft or order","url":"\/19.2-270.3\/","token":"19.2\/16\/1\/19.2-270.3","metadata":false},{"id":59185,"structure_id":12962,"section_number":"19.2-270.4","catch_line":"When donation, destruction, or return of exhibits received in evidence authorized","url":"\/19.2-270.4\/","token":"19.2\/16\/1\/19.2-270.4","metadata":false},{"id":58746,"structure_id":12962,"section_number":"19.2-270.4:1","catch_line":"Storage, preservation and retention of human biological evidence in felony cases","url":"\/19.2-270.4_1\/","token":"19.2\/16\/1\/19.2-270.4_1","metadata":false},{"id":73612,"structure_id":12962,"section_number":"19.2-270.5","catch_line":"DNA profile admissible in criminal proceeding","url":"\/19.2-270.5\/","token":"19.2\/16\/1\/19.2-270.5","metadata":false},{"id":78047,"structure_id":12962,"section_number":"19.2-270.6","catch_line":"Evidence of abuse admissible in certain criminal trials (Supreme Court Rule 2:409 derived from this section)","url":"\/19.2-270.6\/","token":"19.2\/16\/1\/19.2-270.6","metadata":false},{"id":58400,"structure_id":12962,"section_number":"19.2-270.7","catch_line":"Determining decibel level of sound with proper equipment; certificate as to accuracy of equipment","url":"\/19.2-270.7\/","token":"19.2\/16\/1\/19.2-270.7","metadata":false},{"id":82522,"structure_id":12962,"section_number":"19.2-271","catch_line":"Certain judicial officers incompetent to testify under certain circumstances; exceptions (Supreme Court Rule 2:605 derived from this section)","url":"\/19.2-271\/","token":"19.2\/16\/1\/19.2-271","metadata":false},{"id":74995,"structure_id":12962,"section_number":"19.2-271.1","catch_line":"Competency of spouses to testify","url":"\/19.2-271.1\/","token":"19.2\/16\/1\/19.2-271.1","metadata":false},{"id":66486,"structure_id":12962,"section_number":"19.2-271.2","catch_line":"Testimony of spouses in criminal cases (Subsection (b) of Supreme Court Rule 2:504 derived from this section)","url":"\/19.2-271.2\/","token":"19.2\/16\/1\/19.2-271.2","metadata":false},{"id":54753,"structure_id":12962,"section_number":"19.2-271.3","catch_line":"Communications between ministers of religion and persons they counsel or advise (Supreme Court Rule 2:503 derived in part from this section)","url":"\/19.2-271.3\/","token":"19.2\/16\/1\/19.2-271.3","metadata":false},{"id":74779,"structure_id":12962,"section_number":"19.2-271.4","catch_line":"Privileged communications by certain public safety personnel","url":"\/19.2-271.4\/","token":"19.2\/16\/1\/19.2-271.4","metadata":false},{"id":55255,"structure_id":12962,"section_number":"19.2-271.5","catch_line":"Protected information; newspersons engaged in journalism","url":"\/19.2-271.5\/","token":"19.2\/16\/1\/19.2-271.5","metadata":false},{"id":58525,"structure_id":12962,"section_number":"19.2-271.6","catch_line":"Evidence of defendant's mental condition admissible; notice to Commonwealth","url":"\/19.2-271.6\/","token":"19.2\/16\/1\/19.2-271.6","metadata":false},{"id":63925,"structure_id":12962,"section_number":"19.2-271.7","catch_line":"Notifying defendant of consequences criminal proceedings can have on immigration","url":"\/19.2-271.7\/","token":"19.2\/16\/1\/19.2-271.7","metadata":false}],"previous_section":{"id":59185,"structure_id":12962,"section_number":"19.2-270.4","catch_line":"When donation, destruction, or return of exhibits received in evidence authorized","url":"\/19.2-270.4\/","token":"19.2\/16\/1\/19.2-270.4","metadata":false},"next_section":{"id":73612,"structure_id":12962,"section_number":"19.2-270.5","catch_line":"DNA profile admissible in criminal proceeding","url":"\/19.2-270.5\/","token":"19.2\/16\/1\/19.2-270.5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-270.4:1\/","history_text":"

This law was first created in 2001. The record of its establishment is cataloged in chapters 873<\/a>, 874<\/a>, and 875<\/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 2002, chapter 832<\/a>; in 2005, chapters 868<\/a> and 881<\/a>.<\/p>","references":[{"id":69593,"section_number":"18.2-471.1","catch_line":"Destruction of human biological evidence; penalty","order_by":null,"url":"\/18.2-471.1\/"},{"id":59185,"section_number":"19.2-270.4","catch_line":"When donation, destruction, or return of exhibits received in evidence authorized","order_by":null,"url":"\/19.2-270.4\/"}],"refers_to":[{"id":59185,"section_number":"19.2-270.4","catch_line":"When donation, destruction, or return of exhibits received in evidence authorized","order_by":null,"url":"\/19.2-270.4\/"}],"permalink":{"id":169279,"object_type":"law","relational_id":58746,"identifier":"19.2-270.4:1","token":"19.2\/16\/1\/19.2-270.4_1","url":"\/19.2-270.4_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-270.4_1\/","token":"19.2\/16\/1\/19.2-270.4_1","dublin_core":{"Title":"Storage, preservation and retention of human biological evidence in felony cases","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-270.4:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any provision of law<\/span> or rule of court<\/span>, upon motion<\/span> of a person convicted of a felony<\/span> or his attorney of record to the circuit<\/span> court<\/span> that entered the judgment<\/span> for the offense<\/span>, the court<\/span> shall order<\/span> the storage, preservation, and retention of specifically identified human biological evidence<\/span> or representative samples collected or obtained in the case for a period of up to 15 years from the time of conviction<\/span>, unless the court<\/span> determines, in its discretion, that the evidence<\/span> should be retained for a longer period of time. Upon the filing of such a motion<\/span>, the defendant<\/span> may request a hearing<\/span> for the limited purpose of identifying the human biological evidence<\/span> or representative samples that are to be stored in accordance with the provisions of this section. Upon the granting of the motion<\/span>, the court<\/span> shall order<\/span> the clerk of the circuit<\/span> court<\/span> to transfer all such evidence<\/span> to the Department of Forensic Science. The Department of Forensic Science shall store, preserve, and retain such evidence<\/span>. If the evidence<\/span> is not within the custody<\/span> of the clerk at the time the order<\/span> is entered, the court<\/span> shall order<\/span> the governmental entity having custody<\/span> of the evidence<\/span> to transfer such evidence<\/span> to the Department of Forensic Science. Upon the entry of an order<\/span> under this subsection, the court<\/span> may upon motion<\/span> or upon good cause shown, with notice to the convicted person, his attorney of record and the attorney for the Commonwealth, modify the original storage order<\/span>, as it relates to time of storage of the evidence<\/span> or samples, for a period of time greater than or less than that specified in the original order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Pursuant to standards and guidelines established by the Department of Forensic Science, the order<\/span> shall state the method of custody<\/span>, transfer and return of any evidence<\/span> to insure and protect the Commonwealth’s interest in the integrity of the evidence<\/span>. Pursuant to standards and guidelines established by the Department of Forensic Science, the Department of Forensic Science, local law<\/span>-enforcement agency or other custodian of the evidence<\/span> shall take all necessary steps to preserve, store, and retain the evidence<\/span> and its chain of custody<\/span> for the period of time specified. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In any proceeding under this section, the court<\/span>, upon a finding<\/span> that the physical evidence<\/span> is of such a nature, size or quantity that storage, preservation or retention of all of the evidence<\/span> is impractical, may order<\/span> the storage of only representative samples of the evidence<\/span>. The Department of Forensic Science shall take representative samples, cuttings or swabbings and retain them. The remaining evidence<\/span> shall be handled according to § 19.2-270.4<\/a> or as otherwise provided for in the Code. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> An action under this section or the performance of any attorney representing the petitioner under this section shall not form the basis for relief in any habeas corpus<\/span> or appellate<\/span> proceeding. Nothing in this section shall create any cause of action<\/span> for damages<\/span> against the Commonwealth, or any of its political subdivisions or officers, employees or agents of the Commonwealth or its political subdivisions. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSTORAGE, PRESERVATION AND RETENTION OF HUMAN BIOLOGICAL EVIDENCE IN FELONY CASES\n(\u00a7 19.2-270.4:1)\n\nA. Notwithstanding any provision of law or rule of court, upon motion of a\nperson convicted of a felony or his attorney of record to the circuit court that\nentered the judgment for the offense, the court shall order the storage,\npreservation, and retention of specifically identified human biological evidence\nor representative samples collected or obtained in the case for a period of up\nto 15 years from the time of conviction, unless the court determines, in its\ndiscretion, that the evidence should be retained for a longer period of time.\nUpon the filing of such a motion, the defendant may request a hearing for the\nlimited purpose of identifying the human biological evidence or representative\nsamples that are to be stored in accordance with the provisions of this section.\nUpon the granting of the motion, the court shall order the clerk of the circuit\ncourt to transfer all such evidence to the Department of Forensic Science. The\nDepartment of Forensic Science shall store, preserve, and retain such evidence.\nIf the evidence is not within the custody of the clerk at the time the order is\nentered, the court shall order the governmental entity having custody of the\nevidence to transfer such evidence to the Department of Forensic Science. Upon\nthe entry of an order under this subsection, the court may upon motion or upon\ngood cause shown, with notice to the convicted person, his attorney of record\nand the attorney for the Commonwealth, modify the original storage order, as it\nrelates to time of storage of the evidence or samples, for a period of time\ngreater than or less than that specified in the original order.\n\nB. Pursuant to standards and guidelines established by the Department of\nForensic Science, the order shall state the method of custody, transfer and\nreturn of any evidence to insure and protect the Commonwealth’s interest\nin the integrity of the evidence. Pursuant to standards and guidelines\nestablished by the Department of Forensic Science, the Department of Forensic\nScience, local law-enforcement agency or other custodian of the evidence shall\ntake all necessary steps to preserve, store, and retain the evidence and its\nchain of custody for the period of time specified.\n\nC. In any proceeding under this section, the court, upon a finding that the\nphysical evidence is of such a nature, size or quantity that storage,\npreservation or retention of all of the evidence is impractical, may order the\nstorage of only representative samples of the evidence. The Department of\nForensic Science shall take representative samples, cuttings or swabbings and\nretain them. The remaining evidence shall be handled according to §\n19.2-270.4 or as otherwise provided for in the Code.\n\nD. An action under this section or the performance of any attorney representing\nthe petitioner under this section shall not form the basis for relief in any\nhabeas corpus or appellate proceeding. Nothing in this section shall create any\ncause of action for damages against the Commonwealth, or any of its political\nsubdivisions or officers, employees or agents of the Commonwealth or its\npolitical subdivisions.\n\nHISTORY: 2001, cc. 873, 874, 875; 2002, c. 832; 2005, cc. 868, 881; 2021, Sp.\nSess. I, cc. 344, 345.","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}}