{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-310.2_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-310.2_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-310.2_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-310.2_1.html"}],"law_id":84666,"edition_id":1,"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","history":"2002, cc. 753, 773; 2003, c. 150; 2004, c. 445; 2005, cc. 868, 881; 2006, c. 182; 2020, c. 87.","full_text":"Every person arrested for the commission or attempted commission of a violent felony as defined in \u00a7 19.2-297.1 or a violation or attempt to commit a violation of \u00a7 18.2-31, 18.2-89, 18.2-90, 18.2-91, or 18.2-92, shall have a sample of his saliva or tissue taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. After a determination by a magistrate or a grand jury that probable cause exists for the arrest, a sample shall be taken prior to the person’s release from custody. 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 as provided in \u00a7 19.2-310.5.\n\t\tThe clerk of the court shall notify the Department of final disposition of the criminal proceedings. If the charge for which the sample was taken is dismissed or the defendant is acquitted at trial, the Department shall destroy the sample and all records thereof, provided there is no other pending qualifying warrant or capias for an arrest or conviction that would otherwise require that the sample remain in the data bank.","order_by":null,"text":{"0":{"id":303446,"text":"Every person arrested for the commission or attempted commission of a violent felony as defined in \u00a7 19.2-297.1 or a violation or attempt to commit a violation of \u00a7 18.2-31, 18.2-89, 18.2-90, 18.2-91, or 18.2-92, shall have a sample of his saliva or tissue taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. After a determination by a magistrate or a grand jury that probable cause exists for the arrest, a sample shall be taken prior to the person’s release from custody. 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 as provided in \u00a7 19.2-310.5.\n\t\tThe clerk of the court shall notify the Department of final disposition of the criminal proceedings. If the charge for which the sample was taken is dismissed or the defendant is acquitted at trial, the Department shall destroy the sample and all records thereof, provided there is no other pending qualifying warrant or capias for an arrest or conviction that would otherwise require that the sample remain in the data bank.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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}],"previous_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","url":"\/19.2-310.2\/","token":"19.2\/18\/1.1\/19.2-310.2","metadata":false},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-310.2:1\/","history_text":"

This law was first created in 2002. The record of its establishment is cataloged in chapters 753<\/a> and 773<\/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 5 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 2003, chapter 150<\/a>; in 2004, chapter 445<\/a>; in 2005, chapters 868<\/a> and 881<\/a>; in 2006, chapter 182<\/a>; in 2020, chapter 87<\/a>.<\/p>","references":[{"id":81103,"section_number":"19.2-310.3:1","catch_line":"Procedures for taking saliva or tissue sample for DNA analysis","order_by":null,"url":"\/19.2-310.3_1\/"},{"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\/"}],"refers_to":[{"id":79946,"section_number":"18.2-31","catch_line":"Aggravated murder defined; punishment","order_by":null,"url":"\/18.2-31\/"},{"id":67235,"section_number":"18.2-89","catch_line":"Burglary; how punished","order_by":null,"url":"\/18.2-89\/"},{"id":60995,"section_number":"18.2-90","catch_line":"Entering dwelling house, etc., with intent to commit murder, rape, robbery or arson; penalty","order_by":null,"url":"\/18.2-90\/"},{"id":55574,"section_number":"18.2-91","catch_line":"Entering dwelling house, etc., with intent to commit larceny, assault and battery or other felony","order_by":null,"url":"\/18.2-91\/"},{"id":87070,"section_number":"18.2-92","catch_line":"Breaking and entering dwelling house with intent to commit other misdemeanor","order_by":null,"url":"\/18.2-92\/"},{"id":56020,"section_number":"19.2-297.1","catch_line":"Sentence of person twice previously convicted of certain violent felonies","order_by":null,"url":"\/19.2-297.1\/"},{"id":72252,"section_number":"19.2-310.5","catch_line":"DNA data bank","order_by":null,"url":"\/19.2-310.5\/"}],"permalink":{"id":169631,"object_type":"law","relational_id":84666,"identifier":"19.2-310.2:1","token":"19.2\/18\/1.1\/19.2-310.2_1","url":"\/19.2-310.2_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-310.2_1\/","token":"19.2\/18\/1.1\/19.2-310.2_1","dublin_core":{"Title":"Saliva or tissue sample required for DNA analysis after arrest for a violent felony","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-310.2:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Every person arrested for the commission or attempted commission of a violent felony<\/span> as defined in \u00a7 19.2-297.1<\/a> or a violation or attempt to commit a violation of \u00a7 18.2-31<\/a>, 18.2-89<\/a>, 18.2-90<\/a>, 18.2-91<\/a>, or 18.2-92<\/a>, shall have a sample of his saliva or tissue taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. After a determination by a magistrate<\/span> or a grand jury<\/span> that probable cause<\/span> exists for the arrest<\/span>, a sample shall be taken prior to the person’s release from custody<\/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 as provided in \u00a7 19.2-310.5<\/a>.\n\t\tThe clerk of the court<\/span> shall notify the Department of final disposition<\/span> of the criminal proceedings. If the charge for which the sample was taken is dismissed or the defendant<\/span> is acquitted at trial<\/span>, the Department shall destroy the sample and all records thereof, provided there is no other pending qualifying warrant or capias<\/span> for an arrest<\/span> or conviction<\/span> that would otherwise require that the sample remain in the data bank.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSALIVA OR TISSUE SAMPLE REQUIRED FOR DNA ANALYSIS AFTER ARREST FOR A VIOLENT\nFELONY (\u00a7 19.2-310.2:1)\n\nEvery person arrested for the commission or attempted commission of a violent\nfelony as defined in \u00a7 19.2-297.1 or a violation or attempt to commit a\nviolation of \u00a7 18.2-31, 18.2-89, 18.2-90, 18.2-91, or 18.2-92, shall have a\nsample of his saliva or tissue taken for DNA (deoxyribonucleic acid) analysis to\ndetermine identification characteristics specific to the person. After a\ndetermination by a magistrate or a grand jury that probable cause exists for the\narrest, a sample shall be taken prior to the person’s release from\ncustody. The analysis shall be performed by the Department of Forensic Science\nor other entity designated by the Department. The identification characteristics\nof the profile resulting from the DNA analysis shall be stored and maintained by\nthe Department in a DNA data bank and shall be made available as provided in \u00a7\n19.2-310.5.\n\t\tThe clerk of the court shall notify the Department of final disposition of the\ncriminal proceedings. If the charge for which the sample was taken is dismissed\nor the defendant is acquitted at trial, the Department shall destroy the sample\nand all records thereof, provided there is no other pending qualifying warrant\nor capias for an arrest or conviction that would otherwise require that the\nsample remain in the data bank.\n\nHISTORY: 2002, cc. 753, 773; 2003, c. 150; 2004, c. 445; 2005, cc. 868, 881;\n2006, c. 182; 2020, c. 87.","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}}