                                 CODE OF VIRGINIA

LACK OF COMPLIANCE WITH PROCEDURES (§ 19.2-11.9)

The failure of a law-enforcement agency to take possession of a physical
evidence recovery kit or trace evidence collection kit as provided in this
chapter or to submit a physical evidence recovery kit or trace evidence
collection kit to the Department within the time period prescribed under this
chapter does not alter the authority of the law-enforcement agency to take
possession of the physical evidence recovery kit or trace evidence collection
kit or to submit the physical evidence recovery kit or trace evidence collection
kit to the Department under this chapter or the authority of the Department to
accept and analyze the physical evidence recovery kit or trace evidence
collection kit or to maintain or upload any developed DNA profiles from the
physical evidence recovery kit or trace evidence collection kit into any local,
state, or national DNA data bank if eligible as determined by Department
procedures and in accordance with state and federal law.
		A person accused or convicted of committing a crime against a sexual assault
victim or strangulation victim has no standing to object to any failure to
comply with the requirements of this chapter, and the failure to comply with the
requirements of this chapter is not grounds for challenging the admissibility of
the evidence or setting aside the conviction or sentence.

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