{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-310.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-310.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-310.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-310.3.html"}],"law_id":73817,"edition_id":1,"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","history":"1990, c. 669; 1997, c. 862; 1998, c. 280; 2003, c. 150; 2004, c. 440; 2005, cc. 868, 881; 2022, cc. 41, 42.","full_text":"Each sample required pursuant to \u00a7 19.2-310.2 from persons who are to be incarcerated shall be withdrawn at the receiving unit or at such other place as is designated by the Department of Corrections or, in the case of a juvenile, the Department of Juvenile Justice. The required samples from persons who are not sentenced to a term of confinement shall be withdrawn at a time and place specified by the sentencing court. Only a correctional health nurse technician or a physician, registered nurse, licensed practical nurse, graduate laboratory technician, or phlebotomist shall withdraw any blood sample to be submitted for analysis. No civil liability shall attach to any person authorized to withdraw blood, saliva or tissue as provided herein as a result of the act of withdrawing blood, saliva or tissue from any person submitting thereto, provided the blood, saliva or tissue was withdrawn according to recognized medical procedures. However, no person shall be relieved from liability for negligence in the withdrawing of any blood, saliva or tissue sample.\n\t\tChemically clean sterile disposable needles and vacuum draw tubes or swabs shall be used for all samples. The tube or envelope containing the sample shall be sealed and secured to prevent tampering with the contents. The agency submitting the sample shall provide information pertaining to the sample by (i) logging such information into the Department of Forensic Science DNA data bank sample tracking system at the time of collection or (ii) submitting such information to the Department of Forensic Science along with the sample. The steps herein set forth relating to the taking, handling, identification, and disposition of blood, saliva or tissue samples are procedural and not substantive. Substantial compliance therewith shall be deemed to be sufficient. The samples shall be mailed or transported to the Department of Forensic Science not more than 15 days following withdrawal and shall be analyzed and stored in the DNA data bank in accordance with \u00a7\u00a7 19.2-310.4 and 19.2-310.5.","order_by":null,"text":{"0":{"id":265428,"text":"Each sample required pursuant to \u00a7 19.2-310.2 from persons who are to be incarcerated shall be withdrawn at the receiving unit or at such other place as is designated by the Department of Corrections or, in the case of a juvenile, the Department of Juvenile Justice. The required samples from persons who are not sentenced to a term of confinement shall be withdrawn at a time and place specified by the sentencing court. Only a correctional health nurse technician or a physician, registered nurse, licensed practical nurse, graduate laboratory technician, or phlebotomist shall withdraw any blood sample to be submitted for analysis. No civil liability shall attach to any person authorized to withdraw blood, saliva or tissue as provided herein as a result of the act of withdrawing blood, saliva or tissue from any person submitting thereto, provided the blood, saliva or tissue was withdrawn according to recognized medical procedures. However, no person shall be relieved from liability for negligence in the withdrawing of any blood, saliva or tissue sample.\n\t\tChemically clean sterile disposable needles and vacuum draw tubes or swabs shall be used for all samples. The tube or envelope containing the sample shall be sealed and secured to prevent tampering with the contents. The agency submitting the sample shall provide information pertaining to the sample by (i) logging such information into the Department of Forensic Science DNA data bank sample tracking system at the time of collection or (ii) submitting such information to the Department of Forensic Science along with the sample. The steps herein set forth relating to the taking, handling, identification, and disposition of blood, saliva or tissue samples are procedural and not substantive. Substantial compliance therewith shall be deemed to be sufficient. The samples shall be mailed or transported to the Department of Forensic Science not more than 15 days following withdrawal and shall be analyzed and stored in the DNA data bank in accordance with \u00a7\u00a7 19.2-310.4 and 19.2-310.5.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-310.3\/","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 6 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 862<\/a>; in 1998, chapter 280<\/a>; in 2003, chapter 150<\/a>; in 2004, chapter 440<\/a>; in 2005, chapters 868<\/a> and 881<\/a>; in 2022, chapters 41<\/a> and 42<\/a>.<\/p>","references":false,"refers_to":[{"id":72639,"section_number":"19.2-310.2","catch_line":"Blood, saliva, or tissue sample required for DNA analysis upon conviction of certain crimes; fee","order_by":null,"url":"\/19.2-310.2\/"},{"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\/"}],"permalink":{"id":169635,"object_type":"law","relational_id":73817,"identifier":"19.2-310.3","token":"19.2\/18\/1.1\/19.2-310.3","url":"\/19.2-310.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-310.3\/","token":"19.2\/18\/1.1\/19.2-310.3","dublin_core":{"Title":"Procedures for withdrawal of blood, saliva or tissue sample for DNA analysis","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-310.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Each sample required pursuant to \u00a7 19.2-310.2<\/a> from persons who are to be incarcerated shall be withdrawn at the receiving unit or at such other place as is designated by the Department of Corrections or, in the case of a juvenile, the Department of Juvenile Justice. The required samples from persons who are not sentenced to a term of confinement shall be withdrawn at a time and place specified by the sentencing court<\/span>. Only a correctional health nurse technician or a physician, registered nurse, licensed practical nurse, graduate laboratory technician, or phlebotomist shall withdraw any blood sample to be submitted for analysis. No civil liability shall attach to any person authorized to withdraw blood, saliva or tissue as provided herein as a result of the act of withdrawing blood, saliva or tissue from any person submitting thereto, provided the blood, saliva or tissue was withdrawn according to recognized medical procedures. However, no person shall be relieved from liability for negligence<\/span> in the withdrawing of any blood, saliva or tissue sample.\n\t\tChemically clean sterile disposable needles and vacuum draw tubes or swabs shall be used for all samples. The tube or envelope containing the sample shall be sealed<\/span> and secured to prevent tampering with the contents. The agency submitting the sample shall provide information pertaining to the sample by (i) logging such information into the Department of Forensic Science DNA data bank sample tracking system at the time of collection or (ii) submitting such information to the Department of Forensic Science along with the sample. The steps herein set forth relating to the taking, handling, identification, and disposition<\/span> of blood, saliva or tissue samples are procedural and not substantive. Substantial compliance therewith shall be deemed to be sufficient. The samples shall be mailed or transported to the Department of Forensic Science not more than 15 days following withdrawal and shall be analyzed and stored in the DNA data bank in accordance with \u00a7\u00a7 19.2-310.4<\/a> and 19.2-310.5<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURES FOR WITHDRAWAL OF BLOOD, SALIVA OR TISSUE SAMPLE FOR DNA ANALYSIS (\u00a7\n19.2-310.3)\n\nEach sample required pursuant to \u00a7 19.2-310.2 from persons who are to be\nincarcerated shall be withdrawn at the receiving unit or at such other place as\nis designated by the Department of Corrections or, in the case of a juvenile,\nthe Department of Juvenile Justice. The required samples from persons who are\nnot sentenced to a term of confinement shall be withdrawn at a time and place\nspecified by the sentencing court. Only a correctional health nurse technician\nor a physician, registered nurse, licensed practical nurse, graduate laboratory\ntechnician, or phlebotomist shall withdraw any blood sample to be submitted for\nanalysis. No civil liability shall attach to any person authorized to withdraw\nblood, saliva or tissue as provided herein as a result of the act of withdrawing\nblood, saliva or tissue from any person submitting thereto, provided the blood,\nsaliva or tissue was withdrawn according to recognized medical procedures.\nHowever, no person shall be relieved from liability for negligence in the\nwithdrawing of any blood, saliva or tissue sample.\n\t\tChemically clean sterile disposable needles and vacuum draw tubes or swabs\nshall be used for all samples. The tube or envelope containing the sample shall\nbe sealed and secured to prevent tampering with the contents. The agency\nsubmitting the sample shall provide information pertaining to the sample by (i)\nlogging such information into the Department of Forensic Science DNA data bank\nsample tracking system at the time of collection or (ii) submitting such\ninformation to the Department of Forensic Science along with the sample. The\nsteps herein set forth relating to the taking, handling, identification, and\ndisposition of blood, saliva or tissue samples are procedural and not\nsubstantive. Substantial compliance therewith shall be deemed to be sufficient.\nThe samples shall be mailed or transported to the Department of Forensic Science\nnot more than 15 days following withdrawal and shall be analyzed and stored in\nthe DNA data bank in accordance with \u00a7\u00a7 19.2-310.4 and 19.2-310.5.\n\nHISTORY: 1990, c. 669; 1997, c. 862; 1998, c. 280; 2003, c. 150; 2004, c. 440;\n2005, cc. 868, 881; 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}}