{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-270.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-270.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-270.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-270.5.html"}],"law_id":73612,"edition_id":1,"section_id":73612,"structure_id":12962,"section_number":"19.2-270.5","catch_line":"DNA profile admissible in criminal proceeding","history":"1990, c. 669; 1997, c. 315; 2002, cc. 627, 885; 2024, c. 210.","full_text":"In any criminal proceeding, DNA (deoxyribonucleic acid) testing shall be deemed to be a reliable scientific technique and the evidence of a DNA profile comparison may be admitted to prove or disprove the identity of any person. This section shall not otherwise limit the introduction of any relevant evidence bearing upon any question at issue before the court, including the accuracy and reliability of the procedures employed in the collection and analysis of a particular DNA sample. The court shall, regardless of the results of the DNA analysis, if any, consider such other relevant evidence of the identity of the accused as shall be admissible in evidence.\n\t\tAt least 21 days prior to commencement of the proceeding in which the results of a DNA analysis will be offered as evidence, the party intending to offer the evidence shall notify the opposing party, in writing, of the intent to offer the analysis and shall provide or make available copies of the report or statement to be introduced. In the event that such notice is not given, and the person proffers such evidence, then the court may in its discretion either allow the opposing party a continuance or, under appropriate circumstances, bar the person from presenting such evidence. The period of any such continuance shall not be counted for speedy trial purposes under \u00a7 19.2-243. If the opposing party intends to object to the admissibility of such evidence he shall give written notice of that fact and the basis for his objections at least 10 days prior to commencement of the proceedings.\n\t\tNothing in this section shall be construed to limit the ability of the parties to obtain additional writings or documents, including the profiles, used to reach the conclusion in the report pursuant to \u00a7 19.2-187.2, and the opposing party shall be entitled to a continuance of the proceeding if requested to allow for their inspection.","order_by":null,"text":{"0":{"id":264765,"text":"In any criminal proceeding, DNA (deoxyribonucleic acid) testing shall be deemed to be a reliable scientific technique and the evidence of a DNA profile comparison may be admitted to prove or disprove the identity of any person. This section shall not otherwise limit the introduction of any relevant evidence bearing upon any question at issue before the court, including the accuracy and reliability of the procedures employed in the collection and analysis of a particular DNA sample. The court shall, regardless of the results of the DNA analysis, if any, consider such other relevant evidence of the identity of the accused as shall be admissible in evidence.\n\t\tAt least 21 days prior to commencement of the proceeding in which the results of a DNA analysis will be offered as evidence, the party intending to offer the evidence shall notify the opposing party, in writing, of the intent to offer the analysis and shall provide or make available copies of the report or statement to be introduced. In the event that such notice is not given, and the person proffers such evidence, then the court may in its discretion either allow the opposing party a continuance or, under appropriate circumstances, bar the person from presenting such evidence. The period of any such continuance shall not be counted for speedy trial purposes under \u00a7 19.2-243. If the opposing party intends to object to the admissibility of such evidence he shall give written notice of that fact and the basis for his objections at least 10 days prior to commencement of the proceedings.\n\t\tNothing in this section shall be construed to limit the ability of the parties to obtain additional writings or documents, including the profiles, used to reach the conclusion in the report pursuant to \u00a7 19.2-187.2, and the opposing party shall be entitled to a continuance of the proceeding if requested to allow for their inspection.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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; obligation to attend; summons","url":"\/19.2-267\/","token":"19.2\/16\/1\/19.2-267","metadata":false},{"id":80018,"structure_id":12962,"section_number":"19.2-267.1","catch_line":"Authority of law-enforcement officer to issue summons to witness; failure to appear","url":"\/19.2-267.1\/","token":"19.2\/16\/1\/19.2-267.1","metadata":false},{"id":58922,"structure_id":12962,"section_number":"19.2-267.2","catch_line":"Response to subpoena for information stored in electronic format","url":"\/19.2-267.2\/","token":"19.2\/16\/1\/19.2-267.2","metadata":false},{"id":83006,"structure_id":12962,"section_number":"19.2-268","catch_line":"Right of accused to testify","url":"\/19.2-268\/","token":"19.2\/16\/1\/19.2-268","metadata":false},{"id":72787,"structure_id":12962,"section_number":"19.2-268.1","catch_line":"Contradiction by prior inconsistent writing (Subdivision (b)(i) of Supreme Court Rule 2:613 derived in part from this section)","url":"\/19.2-268.1\/","token":"19.2\/16\/1\/19.2-268.1","metadata":false},{"id":76061,"structure_id":12962,"section_number":"19.2-268.2","catch_line":"Recent complaint hearsay exception (Subdivision (23) of Supreme Court Rule 2:803 derived from this section)","url":"\/19.2-268.2\/","token":"19.2\/16\/1\/19.2-268.2","metadata":false},{"id":64807,"structure_id":12962,"section_number":"19.2-268.3","catch_line":"Admissibility of statements by children in certain cases","url":"\/19.2-268.3\/","token":"19.2\/16\/1\/19.2-268.3","metadata":false},{"id":79860,"structure_id":12962,"section_number":"19.2-269","catch_line":"Convicts as witnesses (Supreme Court Rule 2:609 derived from this section)","url":"\/19.2-269\/","token":"19.2\/16\/1\/19.2-269","metadata":false},{"id":77666,"structure_id":12962,"section_number":"19.2-269.1","catch_line":"Inmates as witnesses in criminal cases","url":"\/19.2-269.1\/","token":"19.2\/16\/1\/19.2-269.1","metadata":false},{"id":67973,"structure_id":12962,"section_number":"19.2-269.2","catch_line":"Nondisclosure of addresses or telephone numbers of crime victims and witnesses","url":"\/19.2-269.2\/","token":"19.2\/16\/1\/19.2-269.2","metadata":false},{"id":63323,"structure_id":12962,"section_number":"19.2-270","catch_line":"When statement by accused as witness not received as evidence","url":"\/19.2-270\/","token":"19.2\/16\/1\/19.2-270","metadata":false},{"id":86326,"structure_id":12962,"section_number":"19.2-270.1","catch_line":"Use of photographs as evidence in certain larceny and burglary prosecutions","url":"\/19.2-270.1\/","token":"19.2\/16\/1\/19.2-270.1","metadata":false},{"id":86031,"structure_id":12962,"section_number":"19.2-270.1:1","catch_line":"Computer and electronic data in obscenity, etc. cases; 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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-270.5\/","history_text":"<p>This law was first created in 1990. The record of its establishment is cataloged in chapter 669 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. Unfortunately, the 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 1997, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0315\">315<\/a>; in 2002, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0627\">627<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0885\">885<\/a>; in 2024, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0210\">210<\/a>.<\/p>","references":false,"refers_to":[{"id":62769,"section_number":"19.2-187.2","catch_line":"Procedure for subpoena duces tecum of analysis evidence","order_by":null,"url":"\/19.2-187.2\/"},{"id":57795,"section_number":"19.2-243","catch_line":"Limitation on prosecution of felony due to lapse of time after finding of probable cause; misdemeanors; exceptions","order_by":null,"url":"\/19.2-243\/"}],"permalink":{"id":169283,"object_type":"law","relational_id":73612,"identifier":"19.2-270.5","token":"19.2\/16\/1\/19.2-270.5","url":"\/19.2-270.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-270.5\/","token":"19.2\/16\/1\/19.2-270.5","dublin_core":{"Title":"DNA profile admissible in criminal proceeding","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-270.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>In any criminal proceeding, DNA (deoxyribonucleic acid) testing shall be deemed to be a reliable scientific technique and the <span class=\"dictionary\">evidence<\/span> of a DNA profile comparison may be admitted to prove or disprove the identity of any person. This section shall not otherwise limit the introduction of any relevant <span class=\"dictionary\">evidence<\/span> bearing upon any question at <span class=\"dictionary\">issue<\/span> before the <span class=\"dictionary\">court<\/span>, including the accuracy and reliability of the procedures employed in the collection and analysis of a particular DNA sample. The <span class=\"dictionary\">court<\/span> shall, regardless of the results of the DNA analysis, if any, consider such other relevant <span class=\"dictionary\">evidence<\/span> of the identity of the <span class=\"dictionary\">accused<\/span> as shall be <span class=\"dictionary\">admissible<\/span> in <span class=\"dictionary\">evidence<\/span>.\n\t\tAt least 21 days prior to commencement of the proceeding in which the results of a DNA analysis will be offered as <span class=\"dictionary\">evidence<\/span>, the <span class=\"dictionary\">party<\/span> intending to offer the <span class=\"dictionary\">evidence<\/span> shall notify the opposing <span class=\"dictionary\">party<\/span>, in writing, of the <span class=\"dictionary\">intent<\/span> to offer the analysis and shall provide or make available copies of the report or statement to be introduced. In the event that such notice is not given, and the person proffers such <span class=\"dictionary\">evidence<\/span>, then the <span class=\"dictionary\">court<\/span> may in its discretion either allow the opposing <span class=\"dictionary\">party<\/span> a <span class=\"dictionary\">continuance<\/span> or, under appropriate circumstances, bar the person from presenting such <span class=\"dictionary\">evidence<\/span>. The period of any such <span class=\"dictionary\">continuance<\/span> shall not be counted for <span class=\"dictionary\">speedy trial<\/span> purposes under \u00a7&nbsp;<a class=\"law\" title=\"Limitation on prosecution of felony due to lapse of time after finding of probable cause; misdemeanors; exceptions\" href=\"\/19.2-243\/\">19.2-243<\/a>. If the opposing <span class=\"dictionary\">party<\/span> intends to <span class=\"dictionary\">object<\/span> to the admissibility of such <span class=\"dictionary\">evidence<\/span> he shall give written notice of that <span class=\"dictionary\">fact<\/span> and the basis for his objections at least 10 days prior to commencement of the proceedings.\n\t\tNothing in this section shall be construed to limit the ability of the parties to obtain additional writings or documents, including the profiles, used to reach the conclusion in the report pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Procedure for subpoena duces tecum of analysis evidence\" href=\"\/19.2-187.2\/\">19.2-187.2<\/a>, and the opposing <span class=\"dictionary\">party<\/span> shall be entitled to a <span class=\"dictionary\">continuance<\/span> of the proceeding if requested to allow for their inspection.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDNA PROFILE ADMISSIBLE IN CRIMINAL PROCEEDING (\u00a7 19.2-270.5)\n\nIn any criminal proceeding, DNA (deoxyribonucleic acid) testing shall be deemed\nto be a reliable scientific technique and the evidence of a DNA profile\ncomparison may be admitted to prove or disprove the identity of any person. This\nsection shall not otherwise limit the introduction of any relevant evidence\nbearing upon any question at issue before the court, including the accuracy and\nreliability of the procedures employed in the collection and analysis of a\nparticular DNA sample. The court shall, regardless of the results of the DNA\nanalysis, if any, consider such other relevant evidence of the identity of the\naccused as shall be admissible in evidence.\n\t\tAt least 21 days prior to commencement of the proceeding in which the results\nof a DNA analysis will be offered as evidence, the party intending to offer the\nevidence shall notify the opposing party, in writing, of the intent to offer the\nanalysis and shall provide or make available copies of the report or statement\nto be introduced. In the event that such notice is not given, and the person\nproffers such evidence, then the court may in its discretion either allow the\nopposing party a continuance or, under appropriate circumstances, bar the person\nfrom presenting such evidence. The period of any such continuance shall not be\ncounted for speedy trial purposes under \u00a7 19.2-243. If the opposing party\nintends to object to the admissibility of such evidence he shall give written\nnotice of that fact and the basis for his objections at least 10 days prior to\ncommencement of the proceedings.\n\t\tNothing in this section shall be construed to limit the ability of the parties\nto obtain additional writings or documents, including the profiles, used to\nreach the conclusion in the report pursuant to \u00a7 19.2-187.2, and the opposing\nparty shall be entitled to a continuance of the proceeding if requested to allow\nfor their inspection.\n\nHISTORY: 1990, c. 669; 1997, c. 315; 2002, cc. 627, 885; 2024, c. 210.","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}}