{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/9.1-1101.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/9.1-1101.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/9.1-1101.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/9.1-1101.html"}],"law_id":79601,"edition_id":1,"section_id":79601,"structure_id":15333,"section_number":"9.1-1101","catch_line":"Powers and duties of the Department","history":"2005, cc. 868, 881; 2006, cc. 327, 551; 2009, Sp. Sess. I, cc. 1, 4; 2011, c. 638.","full_text":"A\n\nIt shall be the responsibility of the Department to provide forensic laboratory services upon request of the Superintendent of State Police; the Chief Medical Examiner, the Assistant Chief Medical Examiners, and local medical examiners; any attorney for the Commonwealth; any chief of police, sheriff, or sergeant responsible for law enforcement in the jurisdiction served by him; any local fire department; the head of any private police department that has been designated as a criminal justice agency by the Department of Criminal Justice Services as defined by § 9.1-101; or any state agency in any criminal matter. The Department shall provide such services to any federal investigatory agency within available resources.B\n\nThe Department shall:1\n\nProvide forensic laboratory services to all law-enforcement agencies throughout the Commonwealth and provide laboratory services, research, and scientific investigations for agencies of the Commonwealth as needed;2\n\nEstablish and maintain a DNA testing program in accordance with Article 1.1 (§ 19.2-310.2 et seq.) of Chapter 18 of Title 19.2 to determine identification characteristics specific to an individual; and3\n\nTest the accuracy of equipment used to test the blood alcohol content of breath at least once every six months. Only equipment found to be accurate shall be used to test the blood alcohol content of breath.C\n\nThe Department shall have the power and duty to:1\n\nReceive, administer, and expend all funds and other assistance available for carrying out the purposes of this chapter;2\n\nMake and enter into all contracts and agreements necessary or incidental to the performance of its duties and execution of its powers under this chapter including, but not limited to, contracts with the United States, units of general local government or combinations thereof in Virginia or other states, and with agencies and departments of the Commonwealth; and3\n\nPerform such other acts as may be necessary or convenient for the effective performance of its duties.D\n\nThe Director may appoint and employ a deputy director and such other personnel as are needed to carry out the duties and responsibilities conferred by this chapter.","order_by":null,"text":{"0":{"id":285186,"text":"It shall be the responsibility of the Department to provide forensic laboratory services upon request of the Superintendent of State Police; the Chief Medical Examiner, the Assistant Chief Medical Examiners, and local medical examiners; any attorney for the Commonwealth; any chief of police, sheriff, or sergeant responsible for law enforcement in the jurisdiction served by him; any local fire department; the head of any private police department that has been designated as a criminal justice agency by the Department of Criminal Justice Services as defined by § 9.1-101; or any state agency in any criminal matter. The Department shall provide such services to any federal investigatory agency within available resources.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":285187,"text":"The Department shall:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":285188,"text":"Provide forensic laboratory services to all law-enforcement agencies throughout the Commonwealth and provide laboratory services, research, and scientific investigations for agencies of the Commonwealth as needed;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":285189,"text":"Establish and maintain a DNA testing program in accordance with Article 1.1 (§ 19.2-310.2 et seq.) of Chapter 18 of Title 19.2 to determine identification characteristics specific to an individual; and","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":285190,"text":"Test the accuracy of equipment used to test the blood alcohol content of breath at least once every six months. Only equipment found to be accurate shall be used to test the blood alcohol content of breath.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":285191,"text":"The Department shall have the power and duty to:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"C1"},"6":{"id":285192,"text":"Receive, administer, and expend all funds and other assistance available for carrying out the purposes of this chapter;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"7":{"id":285193,"text":"Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and execution of its powers under this chapter including, but not limited to, contracts with the United States, units of general local government or combinations thereof in Virginia or other states, and with agencies and departments of the Commonwealth; and","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"8":{"id":285194,"text":"Perform such other acts as may be necessary or convenient for the effective performance of its duties.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"9":{"id":285195,"text":"The Director may appoint and employ a deputy director and such other personnel as are needed to carry out the duties and responsibilities conferred by this chapter.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3"}},"ancestry":[{"id":15333,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":15332,"metadata":{},"date_created":"2026-06-26 03:54:01","date_modified":"2026-06-26 03:54:01","permalink":{"id":285105,"object_type":"structure","relational_id":15333,"identifier":"1","token":"9.1\/11\/1","url":"\/9.1\/11\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15332,"edition_id":1,"name":"Department of Forensic Science","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12896,"metadata":{},"date_created":"2026-06-26 03:54:01","date_modified":"2026-06-26 03:54:01","permalink":{"id":285103,"object_type":"structure","relational_id":15332,"identifier":"11","token":"9.1\/11","url":"\/9.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12896,"edition_id":1,"name":"Commonwealth Public Safety","identifier":"9.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":284487,"object_type":"structure","relational_id":12896,"identifier":"9.1","token":"9.1","url":"\/9.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79967,"structure_id":15333,"section_number":"9.1-1100","catch_line":"Department of Forensic Science created; Director","url":"\/9.1-1100\/","token":"9.1\/11\/1\/9.1-1100","metadata":false},{"id":79739,"structure_id":15333,"section_number":"9.1-1100.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/9.1-1100.1\/","token":"9.1\/11\/1\/9.1-1100.1","metadata":false},{"id":79601,"structure_id":15333,"section_number":"9.1-1101","catch_line":"Powers and duties of the Department","url":"\/9.1-1101\/","token":"9.1\/11\/1\/9.1-1101","metadata":false},{"id":80331,"structure_id":15333,"section_number":"9.1-1101.1","catch_line":"Purchase of forensic laboratory services","url":"\/9.1-1101.1\/","token":"9.1\/11\/1\/9.1-1101.1","metadata":false},{"id":67273,"structure_id":15333,"section_number":"9.1-1101.2","catch_line":"Possession or transfer of unlawful items by Department employees while engaged in the performance of official duties","url":"\/9.1-1101.2\/","token":"9.1\/11\/1\/9.1-1101.2","metadata":false},{"id":71992,"structure_id":15333,"section_number":"9.1-1102","catch_line":"Department to be isolated; security and protection of evidence","url":"\/9.1-1102\/","token":"9.1\/11\/1\/9.1-1102","metadata":false},{"id":66823,"structure_id":15333,"section_number":"9.1-1103","catch_line":"Forensic Science Academy","url":"\/9.1-1103\/","token":"9.1\/11\/1\/9.1-1103","metadata":false},{"id":58367,"structure_id":15333,"section_number":"9.1-1104","catch_line":"Rights of accused person or his attorney to results of investigation or to investigation","url":"\/9.1-1104\/","token":"9.1\/11\/1\/9.1-1104","metadata":false},{"id":71182,"structure_id":15333,"section_number":"9.1-1105","catch_line":"Reexamination by independent experts","url":"\/9.1-1105\/","token":"9.1\/11\/1\/9.1-1105","metadata":false},{"id":70959,"structure_id":15333,"section_number":"9.1-1106","catch_line":"Disposal of certain hazardous materials","url":"\/9.1-1106\/","token":"9.1\/11\/1\/9.1-1106","metadata":false},{"id":85351,"structure_id":15333,"section_number":"9.1-1107","catch_line":"Disposal of certain other property after analysis","url":"\/9.1-1107\/","token":"9.1\/11\/1\/9.1-1107","metadata":false},{"id":68553,"structure_id":15333,"section_number":"9.1-1108","catch_line":"Disposal of property held by Department for more than 15 years","url":"\/9.1-1108\/","token":"9.1\/11\/1\/9.1-1108","metadata":false}],"previous_section":{"id":79739,"structure_id":15333,"section_number":"9.1-1100.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/9.1-1100.1\/","token":"9.1\/11\/1\/9.1-1100.1","metadata":false},"next_section":{"id":80331,"structure_id":15333,"section_number":"9.1-1101.1","catch_line":"Purchase of forensic laboratory services","url":"\/9.1-1101.1\/","token":"9.1\/11\/1\/9.1-1101.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/9.1-1101\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapters 868<\/a> and 881<\/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 2 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 2006, chapters 327<\/a> and 551<\/a>; in 2011, chapter 638<\/a>.<\/p>","references":[{"id":72252,"section_number":"19.2-310.5","catch_line":"DNA data bank","order_by":null,"url":"\/19.2-310.5\/"}],"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":73488,"section_number":"9.1-101","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/9.1-101\/"}],"permalink":{"id":285115,"object_type":"law","relational_id":79601,"identifier":"9.1-1101","token":"9.1\/11\/1\/9.1-1101","url":"\/9.1-1101\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/9.1-1101\/","token":"9.1\/11\/1\/9.1-1101","dublin_core":{"Title":"Powers and duties of the Department","Type":"Text","Format":"text\/html","Identifier":"\u00a7 9.1-1101","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It shall be the responsibility of the Department to provide forensic laboratory services upon request of the Superintendent of State Police; the Chief Medical Examiner, the Assistant Chief Medical Examiners, and local medical examiners; any attorney for the Commonwealth; any chief of police, sheriff, or sergeant responsible for law<\/span> enforcement in the jurisdiction<\/span> served by him; any local fire department; the head of any private police department that has been designated as a criminal justice agency by the Department of Criminal Justice Services as defined by § 9.1-101<\/a>; or any state agency in any criminal matter. The Department shall provide such services to any federal investigatory agency within available resources. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Provide forensic laboratory services to all law<\/span>-enforcement agencies throughout the Commonwealth and provide laboratory services, research, and scientific investigations for agencies of the Commonwealth as needed; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Establish and maintain a DNA testing program in accordance with Article 1.1 (§ 19.2-310.2<\/a> et seq.) of Chapter 18 of Title 19.2 to determine identification characteristics specific to an individual; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Test the accuracy of equipment used to test the blood alcohol content of breath at least once every six months. Only equipment found to be accurate shall be used to test the blood alcohol content of breath. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department shall have the power and duty to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Receive, administer, and expend all funds and other assistance available for carrying out the purposes of this chapter; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Make and enter into all contracts<\/span> and agreements necessary or incidental to the performance of its duties and execution of its powers under this chapter including, but not limited to, contracts<\/span> with the United States, units of general local government or combinations thereof in Virginia or other states, and with agencies and departments of the Commonwealth; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Perform such other acts as may be necessary or convenient for the effective performance of its duties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Director may appoint and employ a deputy director and such other personnel as are needed to carry out the duties and responsibilities conferred by this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS AND DUTIES OF THE DEPARTMENT (\u00a7 9.1-1101)\n\nA. It shall be the responsibility of the Department to provide forensic\nlaboratory services upon request of the Superintendent of State Police; the\nChief Medical Examiner, the Assistant Chief Medical Examiners, and local medical\nexaminers; any attorney for the Commonwealth; any chief of police, sheriff, or\nsergeant responsible for law enforcement in the jurisdiction served by him; any\nlocal fire department; the head of any private police department that has been\ndesignated as a criminal justice agency by the Department of Criminal Justice\nServices as defined by § 9.1-101; or any state agency in any criminal\nmatter. The Department shall provide such services to any federal investigatory\nagency within available resources.\n\nB. The Department shall:\n\n 1. Provide forensic laboratory services to all law-enforcement agencies\n throughout the Commonwealth and provide laboratory services, research, and\n scientific investigations for agencies of the Commonwealth as needed;\n\n 2. Establish and maintain a DNA testing program in accordance with Article 1.1\n (§ 19.2-310.2 et seq.) of Chapter 18 of Title 19.2 to determine\n identification characteristics specific to an individual; and\n\n 3. Test the accuracy of equipment used to test the blood alcohol content of\n breath at least once every six months. Only equipment found to be accurate\n shall be used to test the blood alcohol content of breath.\n\nC. The Department shall have the power and duty to:\n\n 1. Receive, administer, and expend all funds and other assistance available\n for carrying out the purposes of this chapter;\n\n 2. Make and enter into all contracts and agreements necessary or incidental to\n the performance of its duties and execution of its powers under this chapter\n including, but not limited to, contracts with the United States, units of\n general local government or combinations thereof in Virginia or other states,\n and with agencies and departments of the Commonwealth; and\n\n 3. Perform such other acts as may be necessary or convenient for the effective\n performance of its duties.\n\nD. The Director may appoint and employ a deputy director and such other\npersonnel as are needed to carry out the duties and responsibilities conferred\nby this chapter.\n\nHISTORY: 2005, cc. 868, 881; 2006, cc. 327, 551; 2009, Sp. Sess. I, cc. 1, 4;\n2011, c. 638.","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}}