                                 CODE OF VIRGINIA

DNA PROFILE ADMISSIBLE IN CRIMINAL PROCEEDING (§ 19.2-270.5)

In any criminal proceeding, DNA (deoxyribonucleic acid) testing shall be deemed
to be a reliable scientific technique and the evidence of a DNA profile
comparison may be admitted to prove or disprove the identity of any person. This
section shall not otherwise limit the introduction of any relevant evidence
bearing upon any question at issue before the court, including the accuracy and
reliability of the procedures employed in the collection and analysis of a
particular DNA sample. The court shall, regardless of the results of the DNA
analysis, if any, consider such other relevant evidence of the identity of the
accused as shall be admissible in evidence.
		At least 21 days prior to commencement of the proceeding in which the results
of a DNA analysis will be offered as evidence, the party intending to offer the
evidence shall notify the opposing party, in writing, of the intent to offer the
analysis and shall provide or make available copies of the report or statement
to be introduced. In the event that such notice is not given, and the person
proffers such evidence, then the court may in its discretion either allow the
opposing party a continuance or, under appropriate circumstances, bar the person
from presenting such evidence. The period of any such continuance shall not be
counted for speedy trial purposes under § 19.2-243. If the opposing party
intends to object to the admissibility of such evidence he shall give written
notice of that fact and the basis for his objections at least 10 days prior to
commencement of the proceedings.
		Nothing in this section shall be construed to limit the ability of the parties
to obtain additional writings or documents, including the profiles, used to
reach the conclusion in the report pursuant to § 19.2-187.2, and the opposing
party shall be entitled to a continuance of the proceeding if requested to allow
for their inspection.

HISTORY: 1990, c. 669; 1997, c. 315; 2002, cc. 627, 885; 2024, c. 210.