                                 CODE OF VIRGINIA

BLOOD, SALIVA, OR TISSUE SAMPLE REQUIRED FOR DNA ANALYSIS UPON CONVICTION OF
CERTAIN CRIMES; FEE (§ 19.2-310.2)

A. Every person convicted of a felony on or after July 1, 1990, every person
convicted of a felony offense under Article 7 (&#xA7; 18.2-61 et seq.) of
Chapter 4 of Title 18.2 who was incarcerated on July 1, 1989, and every person
convicted of a misdemeanor violation of &#xA7; 16.1-253.2, 18.2-57, 18.2-60.3,
18.2-60.4, 18.2-67.4, 18.2-67.4:1, 18.2-67.4:2, 18.2-67.5, 18.2-102, 18.2-119,
18.2-121, 18.2-130, 18.2-370.6, 18.2-387, or 18.2-387.1 or subsection E of
&#xA7; 18.2-460 or of any similar ordinance of any locality shall have a sample
of his blood, saliva, or tissue taken for DNA (deoxyribonucleic acid) analysis
to determine identification characteristics specific to the person. If a sample
from the person is stored in the DNA data bank as indicated by the Department of
Forensic Science DNA data bank sample tracking system, no additional sample
shall be taken. A fee of $53 shall be charged for the withdrawal of this sample.
The fee shall be taxed as part of the costs of the criminal case resulting in
the conviction and $15 of the fee shall be paid into the general fund of the
locality where the sample was taken and $38 of the fee shall be paid into the
general fund of the state treasury. This fee shall only be taxed one time
regardless of the number of samples taken. The assessment provided for herein
shall be in addition to any other fees prescribed by law. The analysis shall be
performed by the Department of Forensic Science or other entity designated by
the Department. The identification characteristics of the profile resulting from
the DNA analysis shall be stored and maintained by the Department in a DNA data
bank and shall be made available only as provided in &#xA7; 19.2-310.5.

B. After July 1, 1990, the blood, saliva, or tissue sample shall be taken prior
to release from custody. Notwithstanding the provisions of &#xA7; 53.1-159, any
person convicted of an offense listed in subsection A who is in custody after
July 1, 1990, shall provide a blood, saliva, or tissue sample prior to his
release. Every person so convicted after July 1, 1990, who is not sentenced to a
term of confinement shall provide a blood, saliva, or tissue sample as a
condition of such sentence. A person required under this section to submit a
sample for DNA analysis is not relieved from this requirement regardless of
whether no blood, saliva, or tissue sample has been taken from the person or, if
a sample has been taken, whether the sample or the results from the analysis of
a sample cannot be found in the DNA data bank maintained by the Department of
Forensic Science.

C. Nothing in this section shall prevent the Department of Forensic Science from
including the identification characteristics of an individual&#8217;s DNA
profile in the DNA data bank as ordered by a circuit court pursuant to a lawful
plea agreement.

D. A collection or placement of a sample for DNA analysis that was taken or
retained in good faith does not invalidate the sample&#8217;s use in the data
bank pursuant to the provisions of this article. The detention, arrest, or
conviction of a person based upon a data bank match or data bank information is
not invalidated if it is determined that the sample was obtained, placed, or
retained in the data bank in good faith, or if the conviction or juvenile
adjudication that resulted in the collection of the DNA sample was subsequently
vacated or otherwise altered in any future proceeding, including but not limited
to post-trial or post-fact-finding motions, appeals, or collateral attacks.

E. The Virginia Department of Corrections and the Department of Forensic Science
shall, on a quarterly basis, compare databases of offenders under the custody or
supervision of the Department of Corrections with the DNA data bank of the
Department of Forensic Science. The Virginia Department of Corrections shall
require a DNA sample of those offenders under its custody or supervision who are
required to submit a sample pursuant to this section if they are not identified
in the DNA data bank.

F. The Department of State Police shall verify that a DNA sample required to be
taken for the Sex Offender and Crimes Against Minors Registry pursuant to &#xA7;
9.1-903 has been received by the Department of Forensic Science. In any instance
where a DNA sample has not been received, the Department of State Police or its
designee shall obtain from the person required to register a sample for DNA
analysis.

G. Each community-based probation services agency established pursuant to &#xA7;
9.1-174 shall determine by reviewing the Department of Forensic Science DNA data
bank sample tracking system upon intake and again prior to discharge whether a
blood, saliva, or tissue sample is stored in the DNA data bank for each offender
required to submit a sample pursuant to this section and, if an offender&#8217;s
sample is not stored in the data bank, require the offender to submit a sample
for DNA analysis.

H. The sheriff or regional jailer shall determine by reviewing the Department of
Forensic Science DNA data bank sample tracking system upon intake and again
prior to release whether a blood, saliva, or tissue sample is stored in the DNA
data bank for each offender required to submit a sample pursuant to this section
and, if an offender&#8217;s sample is not stored in the data bank, require the
offender to submit a sample for DNA analysis.

HISTORY: 1990, c. 669; 1993, c. 33; 1996, cc. 154, 952; 1998, c. 280; 2002, cc.
54, 753, 773; 2005, cc. 868, 881; 2007, c. 528; 2011, c. 247; 2015, cc. 193,
209, 437; 2018, cc. 417, 543, 544; 2019, cc. 201, 786; 2022, cc. 41, 42.