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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>73817</law_id><section_number>19.2-310.3</section_number><catch_line>Procedures for withdrawal of blood, saliva or tissue sample for DNA analysis</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="19.2">Criminal Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="18">Sentence; Judgment; Execution of Sentence</unit><unit label="article" level="3" order_by="1" identifier="1.1">DNA Analysis and Data Bank</unit></structure><text>
						<section><p>Each sample required pursuant to &#xA7;&#xA0;<a class="law" title="Blood, saliva, or tissue sample required for DNA analysis upon conviction of certain crimes; fee" href="/19.2-310.2/">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 from persons who are to be incarcerated shall be withdrawn at the receiving unit or at such other place as is designated by the Department of Corrections or, in the case of a juvenile, the Department of Juvenile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 The required samples from persons who are not sentenced to a term of confinement shall be withdrawn at a time and place specified by the sentencing <span class="dictionary">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act of withdrawing blood, saliva or tissue from any person submitting thereto, provided the blood, saliva or tissue was withdrawn according to recognized medical procedures.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 <span class="dictionary">negligence</span> in the withdrawing of any blood, saliva or tissue sample.
		Chemically 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 <span class="dictionary">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 <span class="dictionary">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 &#xA7;&#xA7;&#xA0;<a class="law" title="Procedures for conducting DNA analysis of blood, saliva or tissue sample" href="/19.2-310.4/">19.2-310.4</a> and <a class="law" title="DNA data bank" href="/19.2-310.5/">19.2-310.5</a>.</p></section></text><history>1990, c. 669; 1997, c. 862; 1998, c. 280; 2003, c. 150; 2004, c. 440; 2005, cc. 868, 881; 2022, cc. 41, 42.</history><metadata></metadata></law>
