{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-310.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-310.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-310.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-310.5.html"}],"law_id":72252,"edition_id":1,"section_id":72252,"structure_id":14168,"section_number":"19.2-310.5","catch_line":"DNA data bank","history":"1990, c. 669; 1998, c. 280; 2000, c. 284; 2002, cc. 753, 773; 2005, cc. 868, 881; 2010, c. 502; 2011, cc. 66, 171, 638; 2024, c. 210.","full_text":"A\n\nIt shall be the duty of the Department to receive samples of human biological evidence and to analyze, classify, and file the results of DNA identification characteristics profiles of samples of human biological evidence submitted pursuant to § 19.2-310.2 or 19.2-310.2:1 and to make such information available as provided in this section. The results of an analysis and comparison of evidence submitted to the Department pursuant to § 9.1-1101 to the identification characteristics of human biological evidence so analyzed, classified, and filed shall be made available directly to duly authorized members of federal, state, and local law-enforcement agencies or private police departments that have been designated as criminal justice agencies by the Department of Criminal Justice Services as defined by § 9.1-101, attorneys for the Commonwealth or attorneys for the United States Department of Justice, or the Office of the Chief Medical Examiner upon request made in furtherance of an official investigation or prosecution of any criminal offense, or to an accused or his attorney pursuant to § 9.1-1104. The Department shall confirm whether or not there is a DNA profile on file for a specific individual if a federal, state, or local law-enforcement officer or any federal, state, or local criminal justice agency that participates in the National DNA Index System requests that information in furtherance of an official investigation of any criminal offense. For law-enforcement identification purposes, the Department shall provide to any federal, state, or local criminal justice agency that participates in the National DNA Index System the personally identifiable information for any confirmed candidate match associated with a DNA data bank record. The name of the requestor and the purpose for which the information is requested shall be maintained on file with the Department.B\n\nThe Department shall adopt regulations governing (i) the methods of obtaining information from the data bank in accordance with this section and (ii) procedures for verification of the identity and authority of the requestor. The Department shall specify the positions in that agency which require regular access to the data bank and samples submitted as a necessary function of the job.C\n\nThe Department shall create a separate statistical database comprised of DNA profiles of samples of human biological evidence of persons whose identity is unknown. Nothing in this section or § 19.2-310.6 shall prohibit the Department from sharing or otherwise disseminating the information in the statistical database with law-enforcement or criminal justice agencies within or without the Commonwealth.D\n\nThe Department may charge a reasonable fee to search and provide a comparative analysis of DNA profiles in the data bank to any authorized law-enforcement agency outside of the Commonwealth.","order_by":null,"text":{"0":{"id":260275,"text":"It shall be the duty of the Department to receive samples of human biological evidence and to analyze, classify, and file the results of DNA identification characteristics profiles of samples of human biological evidence submitted pursuant to § 19.2-310.2 or 19.2-310.2:1 and to make such information available as provided in this section. The results of an analysis and comparison of evidence submitted to the Department pursuant to § 9.1-1101 to the identification characteristics of human biological evidence so analyzed, classified, and filed shall be made available directly to duly authorized members of federal, state, and local law-enforcement agencies or private police departments that have been designated as criminal justice agencies by the Department of Criminal Justice Services as defined by § 9.1-101, attorneys for the Commonwealth or attorneys for the United States Department of Justice, or the Office of the Chief Medical Examiner upon request made in furtherance of an official investigation or prosecution of any criminal offense, or to an accused or his attorney pursuant to § 9.1-1104. The Department shall confirm whether or not there is a DNA profile on file for a specific individual if a federal, state, or local law-enforcement officer or any federal, state, or local criminal justice agency that participates in the National DNA Index System requests that information in furtherance of an official investigation of any criminal offense. For law-enforcement identification purposes, the Department shall provide to any federal, state, or local criminal justice agency that participates in the National DNA Index System the personally identifiable information for any confirmed candidate match associated with a DNA data bank record. The name of the requestor and the purpose for which the information is requested shall be maintained on file with the Department.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":260276,"text":"The Department shall adopt regulations governing (i) the methods of obtaining information from the data bank in accordance with this section and (ii) procedures for verification of the identity and authority of the requestor. The Department shall specify the positions in that agency which require regular access to the data bank and samples submitted as a necessary function of the job.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":260277,"text":"The Department shall create a separate statistical database comprised of DNA profiles of samples of human biological evidence of persons whose identity is unknown. Nothing in this section or § 19.2-310.6 shall prohibit the Department from sharing or otherwise disseminating the information in the statistical database with law-enforcement or criminal justice agencies within or without the Commonwealth.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":260278,"text":"The Department may charge a reasonable fee to search and provide a comparative analysis of DNA profiles in the data bank to any authorized law-enforcement agency outside of the Commonwealth.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-310.5\/","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 7 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 1998, chapter 280<\/a>; in 2000, chapter 284<\/a>; in 2002, chapters 753<\/a> and 773<\/a>; in 2005, chapters 868<\/a> and 881<\/a>; in 2010, chapter 502<\/a>; in 2011, chapters 66<\/a>, 171<\/a>, and 638<\/a>; in 2024, chapter 210<\/a>.<\/p>","references":[{"id":84666,"section_number":"19.2-310.2:1","catch_line":"Saliva or tissue sample required for DNA analysis after arrest for a violent felony","order_by":null,"url":"\/19.2-310.2_1\/"},{"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":67434,"section_number":"9.1-1110","catch_line":"Functions of Forensic Science Board","order_by":null,"url":"\/9.1-1110\/"}],"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":84666,"section_number":"19.2-310.2:1","catch_line":"Saliva or tissue sample required for DNA analysis after arrest for a violent felony","order_by":null,"url":"\/19.2-310.2_1\/"},{"id":71888,"section_number":"19.2-310.6","catch_line":"Unauthorized uses of DNA data bank; forensic samples; penalties","order_by":null,"url":"\/19.2-310.6\/"},{"id":73488,"section_number":"9.1-101","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/9.1-101\/"},{"id":79601,"section_number":"9.1-1101","catch_line":"Powers and duties of the Department","order_by":null,"url":"\/9.1-1101\/"},{"id":58367,"section_number":"9.1-1104","catch_line":"Rights of accused person or his attorney to results of investigation or to investigation","order_by":null,"url":"\/9.1-1104\/"}],"permalink":{"id":169647,"object_type":"law","relational_id":72252,"identifier":"19.2-310.5","token":"19.2\/18\/1.1\/19.2-310.5","url":"\/19.2-310.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-310.5\/","token":"19.2\/18\/1.1\/19.2-310.5","dublin_core":{"Title":"DNA data bank","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-310.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It shall be the duty of the Department to receive samples of human biological evidence<\/span> and to analyze, classify, and file the results of DNA identification characteristics profiles of samples of human biological evidence<\/span> submitted pursuant to § 19.2-310.2<\/a> or 19.2-310.2:1<\/a> and to make such information available as provided in this section. The results of an analysis and comparison of evidence<\/span> submitted to the Department pursuant to § 9.1-1101<\/a> to the identification characteristics of human biological evidence<\/span> so analyzed, classified, and filed shall be made available directly to duly authorized members of federal, state, and local law<\/span>-enforcement agencies or private police departments that have been designated as criminal justice agencies by the Department of Criminal Justice Services as defined by § 9.1-101<\/a>, attorneys for the Commonwealth or attorneys for the United States Department of Justice, or the Office of the Chief Medical Examiner upon request made in furtherance of an official investigation or prosecution<\/span> of any criminal offense<\/span>, or to an accused<\/span> or his attorney pursuant to § 9.1-1104<\/a>. The Department shall confirm whether or not there is a DNA profile on file for a specific individual if a federal, state, or local law<\/span>-enforcement officer or any federal, state, or local criminal justice agency that participates in the National DNA Index System requests that information in furtherance of an official investigation of any criminal offense<\/span>. For law<\/span>-enforcement identification purposes, the Department shall provide to any federal, state, or local criminal justice agency that participates in the National DNA Index System the personally identifiable information for any confirmed candidate match associated with a DNA data bank record. The name of the requestor and the purpose for which the information is requested shall be maintained on file with the Department. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department shall adopt regulations governing (i) the methods of obtaining information from the data bank in accordance with this section and (ii) procedures for verification of the identity and authority of the requestor. The Department shall specify the positions in that agency which require regular access to the data bank and samples submitted as a necessary function of the job. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department shall create a separate statistical database comprised of DNA profiles of samples of human biological evidence<\/span> of persons whose identity is unknown. Nothing in this section or § 19.2-310.6<\/a> shall prohibit the Department from sharing or otherwise disseminating the information in the statistical database with law<\/span>-enforcement or criminal justice agencies within or without the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department may charge a reasonable fee to search and provide a comparative analysis of DNA profiles in the data bank to any authorized law<\/span>-enforcement agency outside of the Commonwealth. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDNA DATA BANK (\u00a7 19.2-310.5)\n\nA. It shall be the duty of the Department to receive samples of human biological\nevidence and to analyze, classify, and file the results of DNA identification\ncharacteristics profiles of samples of human biological evidence submitted\npursuant to § 19.2-310.2 or 19.2-310.2:1 and to make such information\navailable as provided in this section. The results of an analysis and comparison\nof evidence submitted to the Department pursuant to § 9.1-1101 to the\nidentification characteristics of human biological evidence so analyzed,\nclassified, and filed shall be made available directly to duly authorized\nmembers of federal, state, and local law-enforcement agencies or private police\ndepartments that have been designated as criminal justice agencies by the\nDepartment of Criminal Justice Services as defined by § 9.1-101, attorneys\nfor the Commonwealth or attorneys for the United States Department of Justice,\nor the Office of the Chief Medical Examiner upon request made in furtherance of\nan official investigation or prosecution of any criminal offense, or to an\naccused or his attorney pursuant to § 9.1-1104. The Department shall\nconfirm whether or not there is a DNA profile on file for a specific individual\nif a federal, state, or local law-enforcement officer or any federal, state, or\nlocal criminal justice agency that participates in the National DNA Index System\nrequests that information in furtherance of an official investigation of any\ncriminal offense. For law-enforcement identification purposes, the Department\nshall provide to any federal, state, or local criminal justice agency that\nparticipates in the National DNA Index System the personally identifiable\ninformation for any confirmed candidate match associated with a DNA data bank\nrecord. The name of the requestor and the purpose for which the information is\nrequested shall be maintained on file with the Department.\n\nB. The Department shall adopt regulations governing (i) the methods of obtaining\ninformation from the data bank in accordance with this section and (ii)\nprocedures for verification of the identity and authority of the requestor. The\nDepartment shall specify the positions in that agency which require regular\naccess to the data bank and samples submitted as a necessary function of the\njob.\n\nC. The Department shall create a separate statistical database comprised of DNA\nprofiles of samples of human biological evidence of persons whose identity is\nunknown. Nothing in this section or § 19.2-310.6 shall prohibit the\nDepartment from sharing or otherwise disseminating the information in the\nstatistical database with law-enforcement or criminal justice agencies within or\nwithout the Commonwealth.\n\nD. The Department may charge a reasonable fee to search and provide a\ncomparative analysis of DNA profiles in the data bank to any authorized\nlaw-enforcement agency outside of the Commonwealth.\n\nHISTORY: 1990, c. 669; 1998, c. 280; 2000, c. 284; 2002, cc. 753, 773; 2005, cc.\n868, 881; 2010, c. 502; 2011, cc. 66, 171, 638; 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}}