                                 CODE OF VIRGINIA

ANONYMOUS PHYSICAL EVIDENCE RECOVERY KITS AND ANONYMOUS TRACE EVIDENCE
COLLECTION KITS (§ 19.2-11.6)

A. When a victim of sexual assault or strangulation who undergoes a forensic
medical examination elects not to report the offense to law enforcement, the
health care provider shall inform the victim that the physical evidence recovery
kit or trace evidence collection kit shall be forwarded to the Division for
storage as an anonymous physical evidence recovery kit or anonymous trace
evidence collection kit. The health care provider shall further inform the
victim of the length of time the anonymous physical evidence recovery kit or
anonymous trace evidence collection kit will be stored by the Division, the
victim&#8217;s right to object to the destruction of the anonymous physical
evidence recovery kit or anonymous trace evidence collection kit, and how the
victim can have the anonymous physical evidence recovery kit or anonymous trace
evidence collection kit released to a law-enforcement agency at a later date.
The health care provider shall forward the anonymous physical evidence recovery
kit or anonymous trace evidence collection kit to the Division in accordance
with the policies and procedures established by the Division.

B. The Division shall store any anonymous physical evidence recovery kit or
anonymous trace evidence collection kit received for a minimum of two years. The
Division shall store the anonymous physical evidence recovery kit or anonymous
trace evidence collection kit for an additional period of 10 years following the
receipt of a written objection to the destruction of the anonymous physical
evidence recovery kit or anonymous trace evidence collection kit from the
victim. After the initial two years or any additional 10-year storage period,
the Division, in the absence of the receipt of a written objection from the
victim in the most recent 10-year period, may destroy the anonymous physical
evidence recovery kit or anonymous trace evidence collection kit or, in its
discretion or upon request of the victim or the law-enforcement agency, may
elect to retain the anonymous physical evidence recovery kit or anonymous trace
evidence collection kit for a longer period of time. Upon notification from
either the law-enforcement agency or the attorney for the Commonwealth that the
victim has elected to report the offense to the law-enforcement agency, the
Division shall release the anonymous physical evidence recovery kit or anonymous
trace evidence collection kit to the law-enforcement agency.

HISTORY: 2016, cc. 332, 698; 2017, c. 535; 2023, c. 312.