{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-310.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-310.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-310.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-310.2.html"}],"law_id":72639,"edition_id":1,"section_id":72639,"structure_id":14168,"section_number":"19.2-310.2","catch_line":"Blood, saliva, or tissue sample required for DNA analysis upon conviction of certain crimes; fee","history":"1990, c. 669; 1993, c. 33; 1996, cc. 154, 952; 1998, c. 280; 2002, cc. 54, 753, 773; 2005, cc. 868, 881; 2007, c. 528; 2011, c. 247; 2015, cc. 193, 209, 437; 2018, cc. 417, 543, 544; 2019, cc. 201, 786; 2022, cc. 41, 42.","full_text":"A\n\nEvery 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, 18.2-57, 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, 18.2-119, 18.2-121, 18.2-130, 18.2-370.6, 18.2-387, or 18.2-387.1 or subsection E of § 18.2-460 or of any similar ordinance of any locality 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 from the person is stored in the DNA data bank as indicated by the Department of Forensic Science DNA data bank sample tracking system, no additional sample shall be taken. 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\n\nAfter 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\n\nNothing 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\n\nA 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\n\nThe 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 who are required to submit a sample pursuant to this section if they are not identified in the DNA data bank.F\n\nThe 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\n\nEach community-based probation services agency established pursuant to § 9.1-174 shall determine by reviewing the Department of Forensic Science DNA data bank sample tracking system upon intake and again prior to discharge whether a blood, saliva, or tissue sample is stored in the DNA data bank for each offender required to submit a sample pursuant to this section and, if an offender’s sample is not stored in the data bank, require the offender to submit a sample for DNA analysis.H\n\nThe sheriff or regional jailer shall determine by reviewing the Department of Forensic Science DNA data bank sample tracking system upon intake and again prior to release whether a blood, saliva, or tissue sample is stored in the DNA data bank for each offender required to submit a sample pursuant to this section and, if an offender’s sample is not stored in the data bank, require the offender to submit a sample for DNA analysis.","order_by":null,"text":{"0":{"id":261468,"text":"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, 18.2-57, 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, 18.2-119, 18.2-121, 18.2-130, 18.2-370.6, 18.2-387, or 18.2-387.1 or subsection E of § 18.2-460 or of any similar ordinance of any locality 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 from the person is stored in the DNA data bank as indicated by the Department of Forensic Science DNA data bank sample tracking system, no additional sample shall be taken. 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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":261469,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":261470,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":261471,"text":"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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":261472,"text":"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 who are required to submit a sample pursuant to this section if they are not identified in the DNA data bank.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":261473,"text":"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.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":261474,"text":"Each community-based probation services agency established pursuant to § 9.1-174 shall determine by reviewing the Department of Forensic Science DNA data bank sample tracking system upon intake and again prior to discharge whether a blood, saliva, or tissue sample is stored in the DNA data bank for each offender required to submit a sample pursuant to this section and, if an offender’s sample is not stored in the data bank, require the offender to submit a sample for DNA analysis.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":261475,"text":"The sheriff or regional jailer shall determine by reviewing the Department of Forensic Science DNA data bank sample tracking system upon intake and again prior to release whether a blood, saliva, or tissue sample is stored in the DNA data bank for each offender required to submit a sample pursuant to this section and, if an offender’s sample is not stored in the data bank, require the offender to submit a sample for DNA analysis.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":14168,"edition_id":1,"name":"DNA Analysis and Data Bank","identifier":"1.1","label":"article","depth":3,"order_by":1,"parent_id":14012,"metadata":{},"date_created":"2026-06-26 03:47:06","date_modified":"2026-06-26 03:47:06","permalink":{"id":169625,"object_type":"structure","relational_id":14168,"identifier":"1.1","token":"19.2\/18\/1.1","url":"\/19.2\/18\/1.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14012,"edition_id":1,"name":"Sentence; Judgment; Execution of Sentence","identifier":"18","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:46:36","date_modified":"2026-06-26 03:46:36","permalink":{"id":169441,"object_type":"structure","relational_id":14012,"identifier":"18","token":"19.2\/18","url":"\/19.2\/18\/","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":72639,"structure_id":14168,"section_number":"19.2-310.2","catch_line":"Blood, saliva, or tissue sample required for DNA analysis upon conviction of certain crimes; fee","url":"\/19.2-310.2\/","token":"19.2\/18\/1.1\/19.2-310.2","metadata":false},{"id":84666,"structure_id":14168,"section_number":"19.2-310.2:1","catch_line":"Saliva or tissue sample required for DNA analysis after arrest for a violent felony","url":"\/19.2-310.2_1\/","token":"19.2\/18\/1.1\/19.2-310.2_1","metadata":false},{"id":73817,"structure_id":14168,"section_number":"19.2-310.3","catch_line":"Procedures for withdrawal of blood, saliva or tissue sample for DNA analysis","url":"\/19.2-310.3\/","token":"19.2\/18\/1.1\/19.2-310.3","metadata":false},{"id":81103,"structure_id":14168,"section_number":"19.2-310.3:1","catch_line":"Procedures for taking saliva or tissue sample for DNA analysis","url":"\/19.2-310.3_1\/","token":"19.2\/18\/1.1\/19.2-310.3_1","metadata":false},{"id":55336,"structure_id":14168,"section_number":"19.2-310.4","catch_line":"Procedures for conducting DNA analysis of blood, saliva or tissue sample","url":"\/19.2-310.4\/","token":"19.2\/18\/1.1\/19.2-310.4","metadata":false},{"id":72252,"structure_id":14168,"section_number":"19.2-310.5","catch_line":"DNA data bank","url":"\/19.2-310.5\/","token":"19.2\/18\/1.1\/19.2-310.5","metadata":false},{"id":71888,"structure_id":14168,"section_number":"19.2-310.6","catch_line":"Unauthorized uses of DNA data bank; forensic samples; penalties","url":"\/19.2-310.6\/","token":"19.2\/18\/1.1\/19.2-310.6","metadata":false},{"id":79975,"structure_id":14168,"section_number":"19.2-310.7","catch_line":"(Effective July 1, 2026) Expungement when DNA taken for a conviction","url":"\/19.2-310.7\/","token":"19.2\/18\/1.1\/19.2-310.7","metadata":false}],"next_section":{"id":84666,"structure_id":14168,"section_number":"19.2-310.2:1","catch_line":"Saliva or tissue sample required for DNA analysis after arrest for a violent felony","url":"\/19.2-310.2_1\/","token":"19.2\/18\/1.1\/19.2-310.2_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-310.2\/","history_text":"

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 11 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 1993, chapter 33; in 1996, chapters 154<\/a> and 952<\/a>; in 1998, chapter 280<\/a>; in 2002, chapters 54<\/a>, 753<\/a>, and 773<\/a>; in 2005, chapters 868<\/a> and 881<\/a>; in 2007, chapter 528<\/a>; in 2011, chapter 247<\/a>; in 2015, chapters 193<\/a>, 209<\/a>, and 437<\/a>; in 2018, chapters 417<\/a>, 543<\/a>, and 544<\/a>; in 2019, chapters 201<\/a> and 786<\/a>; in 2022, chapters 41<\/a> and 42<\/a>.<\/p>","references":[{"id":64607,"section_number":"16.1-299.1","catch_line":"Sample required for DNA analysis upon conviction or adjudication of felony","order_by":null,"url":"\/16.1-299.1\/"},{"id":59038,"section_number":"17.1-275.5","catch_line":"Amounts to be added; judgment in favor of the Commonwealth","order_by":null,"url":"\/17.1-275.5\/"},{"id":63915,"section_number":"19.2-303","catch_line":"Suspension or modification of sentence; probation; taking of fingerprints and blood, saliva, or tissue sample as condition of probation","order_by":null,"url":"\/19.2-303\/"},{"id":70874,"section_number":"19.2-303.3","catch_line":"Sentence to local community-based probation services; services agency; requirements for participation; sentencing; and removal from probation; payment of costs towards supervision and services","order_by":null,"url":"\/19.2-303.3\/"},{"id":73817,"section_number":"19.2-310.3","catch_line":"Procedures for withdrawal of blood, saliva or tissue sample for DNA analysis","order_by":null,"url":"\/19.2-310.3\/"},{"id":55336,"section_number":"19.2-310.4","catch_line":"Procedures for conducting DNA analysis of blood, saliva or tissue sample","order_by":null,"url":"\/19.2-310.4\/"},{"id":72252,"section_number":"19.2-310.5","catch_line":"DNA data bank","order_by":null,"url":"\/19.2-310.5\/"},{"id":79975,"section_number":"19.2-310.7","catch_line":"(Effective July 1, 2026) Expungement when DNA taken for a conviction","order_by":null,"url":"\/19.2-310.7\/"},{"id":84075,"section_number":"19.2-392.13","catch_line":"(Effective July 1, 2026) Disposition of records when an offense is sealed; permitted uses of sealed records","order_by":null,"url":"\/19.2-392.13\/"},{"id":63884,"section_number":"53.1-145","catch_line":"Powers and duties of probation and parole officers","order_by":null,"url":"\/53.1-145\/"},{"id":79601,"section_number":"9.1-1101","catch_line":"Powers and duties of the Department","order_by":null,"url":"\/9.1-1101\/"},{"id":64930,"section_number":"9.1-176.1","catch_line":"Duties and responsibilities of local community-based probation officers","order_by":null,"url":"\/9.1-176.1\/"}],"refers_to":[{"id":82642,"section_number":"16.1-253.2","catch_line":"Violation of provisions of protective orders; penalties","order_by":null,"url":"\/16.1-253.2\/"},{"id":62517,"section_number":"18.2-102","catch_line":"Unauthorized use of animal, aircraft, vehicle or boat; consent; accessories or accomplices","order_by":null,"url":"\/18.2-102\/"},{"id":76989,"section_number":"18.2-119","catch_line":"Trespass after having been forbidden to do so; penalties","order_by":null,"url":"\/18.2-119\/"},{"id":68767,"section_number":"18.2-121","catch_line":"Entering property of another for purpose of damaging it, etc.; penalties","order_by":null,"url":"\/18.2-121\/"},{"id":62388,"section_number":"18.2-130","catch_line":"Peeping or spying into dwelling or enclosure","order_by":null,"url":"\/18.2-130\/"},{"id":73520,"section_number":"18.2-370.6","catch_line":"Penetration of mouth of child with lascivious intent; penalty","order_by":null,"url":"\/18.2-370.6\/"},{"id":68125,"section_number":"18.2-387","catch_line":"Indecent exposure","order_by":null,"url":"\/18.2-387\/"},{"id":80972,"section_number":"18.2-387.1","catch_line":"Obscene sexual display; penalty","order_by":null,"url":"\/18.2-387.1\/"},{"id":56127,"section_number":"18.2-460","catch_line":"Obstructing justice; resisting arrest; fleeing from a law-enforcement officer; penalties","order_by":null,"url":"\/18.2-460\/"},{"id":64628,"section_number":"18.2-57","catch_line":"Assault and battery; penalty","order_by":null,"url":"\/18.2-57\/"},{"id":54485,"section_number":"18.2-60.3","catch_line":"Stalking; penalty","order_by":null,"url":"\/18.2-60.3\/"},{"id":86834,"section_number":"18.2-60.4","catch_line":"Violation of protective orders; penalty","order_by":null,"url":"\/18.2-60.4\/"},{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":67699,"section_number":"18.2-67.4","catch_line":"Sexual battery","order_by":null,"url":"\/18.2-67.4\/"},{"id":64369,"section_number":"18.2-67.4:1","catch_line":"Infected sexual battery; penalty","order_by":null,"url":"\/18.2-67.4_1\/"},{"id":70257,"section_number":"18.2-67.4:2","catch_line":"Sexual abuse of a child under 15 years of age; penalty","order_by":null,"url":"\/18.2-67.4_2\/"},{"id":57731,"section_number":"18.2-67.5","catch_line":"Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery","order_by":null,"url":"\/18.2-67.5\/"},{"id":56156,"section_number":"53.1-159","catch_line":"Mandatory release on parole","order_by":null,"url":"\/53.1-159\/"},{"id":65065,"section_number":"9.1-174","catch_line":"Establishment of a community-based probation services agency","order_by":null,"url":"\/9.1-174\/"},{"id":85831,"section_number":"9.1-903","catch_line":"Registration and reregistration procedures","order_by":null,"url":"\/9.1-903\/"}],"permalink":{"id":169627,"object_type":"law","relational_id":72639,"identifier":"19.2-310.2","token":"19.2\/18\/1.1\/19.2-310.2","url":"\/19.2-310.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-310.2\/","token":"19.2\/18\/1.1\/19.2-310.2","dublin_core":{"Title":"Blood, saliva, or tissue sample required for DNA analysis upon conviction of certain crimes; fee","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-310.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Every person convicted of a felony<\/span> on or after July 1, 1990, every person convicted of a felony<\/span> offense<\/span> under Article 7 (§ 18.2-61<\/a> et seq.) of Chapter 4 of Title 18.2 who was incarcerated on July 1, 1989, and every person convicted of a misdemeanor<\/span> violation of § 16.1-253.2<\/a>, 18.2-57<\/a>, 18.2-60.3<\/a>, 18.2-60.4<\/a>, 18.2-67.4<\/a>, 18.2-67.4:1<\/a>, 18.2-67.4:2<\/a>, 18.2-67.5<\/a>, 18.2-102<\/a>, 18.2-119<\/a>, 18.2-121<\/a>, 18.2-130<\/a>, 18.2-370.6<\/a>, 18.2-387<\/a>, or 18.2-387.1<\/a> or subsection E of § 18.2-460<\/a> or of any similar ordinance<\/span> of any locality 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 from the person is stored in the DNA data bank as indicated by the Department of Forensic Science DNA data bank sample tracking system, no additional sample shall be taken. 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<\/span> 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<\/span>. 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<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> After July 1, 1990, the blood, saliva, or tissue sample shall be taken prior to release from custody<\/span>. Notwithstanding the provisions of § 53.1-159<\/a>, any person convicted of an offense<\/span> listed in subsection A who is in custody<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 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<\/span> court<\/span> pursuant to a lawful plea<\/span> agreement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> 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<\/span>, or conviction<\/span> 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<\/span> 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<\/span> or post-fact<\/span>-finding<\/span> motions<\/span>, appeals<\/span>, or collateral<\/span> attacks. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Virginia Department of Corrections and the Department of Forensic Science shall, on a quarterly basis, compare databases of offenders under the custody<\/span> 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<\/span> or supervision who are required to submit a sample pursuant to this section if they are not identified in the DNA data bank. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Department of State Police shall verify that a DNA sample required to be taken for the Sex Offender and Crimes<\/span> Against Minors<\/span> Registry pursuant to § 9.1-903<\/a> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Each community-based probation<\/span> services agency established pursuant to § 9.1-174<\/a> shall determine by reviewing the Department of Forensic Science DNA data bank sample tracking system upon intake and again prior to discharge whether a blood, saliva, or tissue sample is stored in the DNA data bank for each offender required to submit a sample pursuant to this section and, if an offender’s sample is not stored in the data bank, require the offender to submit a sample for DNA analysis. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The sheriff or regional jailer shall determine by reviewing the Department of Forensic Science DNA data bank sample tracking system upon intake and again prior to release whether a blood, saliva, or tissue sample is stored in the DNA data bank for each offender required to submit a sample pursuant to this section and, if an offender’s sample is not stored in the data bank, require the offender to submit a sample for DNA analysis. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBLOOD, SALIVA, OR TISSUE SAMPLE REQUIRED FOR DNA ANALYSIS UPON CONVICTION OF\nCERTAIN CRIMES; FEE (\u00a7 19.2-310.2)\n\nA. Every person convicted of a felony on or after July 1, 1990, every person\nconvicted of a felony offense under Article 7 (§ 18.2-61 et seq.) of\nChapter 4 of Title 18.2 who was incarcerated on July 1, 1989, and every person\nconvicted of a misdemeanor violation of § 16.1-253.2, 18.2-57, 18.2-60.3,\n18.2-60.4, 18.2-67.4, 18.2-67.4:1, 18.2-67.4:2, 18.2-67.5, 18.2-102, 18.2-119,\n18.2-121, 18.2-130, 18.2-370.6, 18.2-387, or 18.2-387.1 or subsection E of\n§ 18.2-460 or of any similar ordinance of any locality shall have a sample\nof his blood, saliva, or tissue taken for DNA (deoxyribonucleic acid) analysis\nto determine identification characteristics specific to the person. If a sample\nfrom the person is stored in the DNA data bank as indicated by the Department of\nForensic Science DNA data bank sample tracking system, no additional sample\nshall be taken. A fee of $53 shall be charged for the withdrawal of this sample.\nThe fee shall be taxed as part of the costs of the criminal case resulting in\nthe conviction and $15 of the fee shall be paid into the general fund of the\nlocality where the sample was taken and $38 of the fee shall be paid into the\ngeneral fund of the state treasury. This fee shall only be taxed one time\nregardless of the number of samples taken. The assessment provided for herein\nshall be in addition to any other fees prescribed by law. The analysis shall be\nperformed by the Department of Forensic Science or other entity designated by\nthe Department. The identification characteristics of the profile resulting from\nthe DNA analysis shall be stored and maintained by the Department in a DNA data\nbank and shall be made available only as provided in § 19.2-310.5.\n\nB. After July 1, 1990, the blood, saliva, or tissue sample shall be taken prior\nto release from custody. Notwithstanding the provisions of § 53.1-159, any\nperson convicted of an offense listed in subsection A who is in custody after\nJuly 1, 1990, shall provide a blood, saliva, or tissue sample prior to his\nrelease. Every person so convicted after July 1, 1990, who is not sentenced to a\nterm of confinement shall provide a blood, saliva, or tissue sample as a\ncondition of such sentence. A person required under this section to submit a\nsample for DNA analysis is not relieved from this requirement regardless of\nwhether no blood, saliva, or tissue sample has been taken from the person or, if\na sample has been taken, whether the sample or the results from the analysis of\na sample cannot be found in the DNA data bank maintained by the Department of\nForensic Science.\n\nC. Nothing in this section shall prevent the Department of Forensic Science from\nincluding the identification characteristics of an individual’s DNA\nprofile in the DNA data bank as ordered by a circuit court pursuant to a lawful\nplea agreement.\n\nD. A collection or placement of a sample for DNA analysis that was taken or\nretained in good faith does not invalidate the sample’s use in the data\nbank pursuant to the provisions of this article. The detention, arrest, or\nconviction of a person based upon a data bank match or data bank information is\nnot invalidated if it is determined that the sample was obtained, placed, or\nretained in the data bank in good faith, or if the conviction or juvenile\nadjudication that resulted in the collection of the DNA sample was subsequently\nvacated or otherwise altered in any future proceeding, including but not limited\nto post-trial or post-fact-finding motions, appeals, or collateral attacks.\n\nE. The Virginia Department of Corrections and the Department of Forensic Science\nshall, on a quarterly basis, compare databases of offenders under the custody or\nsupervision of the Department of Corrections with the DNA data bank of the\nDepartment of Forensic Science. The Virginia Department of Corrections shall\nrequire a DNA sample of those offenders under its custody or supervision who are\nrequired to submit a sample pursuant to this section if they are not identified\nin the DNA data bank.\n\nF. The Department of State Police shall verify that a DNA sample required to be\ntaken for the Sex Offender and Crimes Against Minors Registry pursuant to §\n9.1-903 has been received by the Department of Forensic Science. In any instance\nwhere a DNA sample has not been received, the Department of State Police or its\ndesignee shall obtain from the person required to register a sample for DNA\nanalysis.\n\nG. Each community-based probation services agency established pursuant to §\n9.1-174 shall determine by reviewing the Department of Forensic Science DNA data\nbank sample tracking system upon intake and again prior to discharge whether a\nblood, saliva, or tissue sample is stored in the DNA data bank for each offender\nrequired to submit a sample pursuant to this section and, if an offender’s\nsample is not stored in the data bank, require the offender to submit a sample\nfor DNA analysis.\n\nH. The sheriff or regional jailer shall determine by reviewing the Department of\nForensic Science DNA data bank sample tracking system upon intake and again\nprior to release whether a blood, saliva, or tissue sample is stored in the DNA\ndata bank for each offender required to submit a sample pursuant to this section\nand, if an offender’s sample is not stored in the data bank, require the\noffender to submit a sample for DNA analysis.\n\nHISTORY: 1990, c. 669; 1993, c. 33; 1996, cc. 154, 952; 1998, c. 280; 2002, cc.\n54, 753, 773; 2005, cc. 868, 881; 2007, c. 528; 2011, c. 247; 2015, cc. 193,\n209, 437; 2018, cc. 417, 543, 544; 2019, cc. 201, 786; 2022, cc. 41, 42.","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}}