                                 CODE OF VIRGINIA

STORAGE, PRESERVATION AND RETENTION OF HUMAN BIOLOGICAL EVIDENCE IN FELONY CASES
(§ 19.2-270.4:1)

A. Notwithstanding any provision of law or rule of court, upon motion of a
person convicted of a felony or his attorney of record to the circuit court that
entered the judgment for the offense, the court shall order the storage,
preservation, and retention of specifically identified human biological evidence
or representative samples collected or obtained in the case for a period of up
to 15 years from the time of conviction, unless the court determines, in its
discretion, that the evidence should be retained for a longer period of time.
Upon the filing of such a motion, the defendant may request a hearing for the
limited purpose of identifying the human biological evidence or representative
samples that are to be stored in accordance with the provisions of this section.
Upon the granting of the motion, the court shall order the clerk of the circuit
court to transfer all such evidence to the Department of Forensic Science. The
Department of Forensic Science shall store, preserve, and retain such evidence.
If the evidence is not within the custody of the clerk at the time the order is
entered, the court shall order the governmental entity having custody of the
evidence to transfer such evidence to the Department of Forensic Science. Upon
the entry of an order under this subsection, the court may upon motion or upon
good cause shown, with notice to the convicted person, his attorney of record
and the attorney for the Commonwealth, modify the original storage order, as it
relates to time of storage of the evidence or samples, for a period of time
greater than or less than that specified in the original order.

B. Pursuant to standards and guidelines established by the Department of
Forensic Science, the order shall state the method of custody, transfer and
return of any evidence to insure and protect the Commonwealth&#8217;s interest
in the integrity of the evidence. Pursuant to standards and guidelines
established by the Department of Forensic Science, the Department of Forensic
Science, local law-enforcement agency or other custodian of the evidence shall
take all necessary steps to preserve, store, and retain the evidence and its
chain of custody for the period of time specified.

C. In any proceeding under this section, the court, upon a finding that the
physical evidence is of such a nature, size or quantity that storage,
preservation or retention of all of the evidence is impractical, may order the
storage of only representative samples of the evidence. The Department of
Forensic Science shall take representative samples, cuttings or swabbings and
retain them. The remaining evidence shall be handled according to &#xA7;
19.2-270.4 or as otherwise provided for in the Code.

D. An action under this section or the performance of any attorney representing
the petitioner under this section shall not form the basis for relief in any
habeas corpus or appellate proceeding. Nothing in this section shall create any
cause of action for damages against the Commonwealth, or any of its political
subdivisions or officers, employees or agents of the Commonwealth or its
political subdivisions.

HISTORY: 2001, cc. 873, 874, 875; 2002, c. 832; 2005, cc. 868, 881; 2021, Sp.
Sess. I, cc. 344, 345.