                                 CODE OF VIRGINIA

PROCEDURES FOR WITHDRAWAL OF BLOOD, SALIVA OR TISSUE SAMPLE FOR DNA ANALYSIS (§
19.2-310.3)

Each sample required pursuant to § 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incarcerated shall be withdrawn at the receiving unit or at such other place as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not sentenced to a term of confinement shall be withdrawn at a time and place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saliva or tissue was withdrawn according to recognized medical procedures.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.
		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 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 §§ 19.2-310.4 and 19.2-310.5.

HISTORY: 1990, c. 669; 1997, c. 862; 1998, c. 280; 2003, c. 150; 2004, c. 440;
2005, cc. 868, 881; 2022, cc. 41, 42.