                                 CODE OF VIRGINIA

SALIVA OR TISSUE SAMPLE REQUIRED FOR DNA ANALYSIS AFTER ARREST FOR A VIOLENT
FELONY (§ 19.2-310.2:1)

Every person arrested for the commission or attempted commission of a violent
felony as defined in § 19.2-297.1 or a violation or attempt to commit a
violation of § 18.2-31, 18.2-89, 18.2-90, 18.2-91, or 18.2-92, shall have a
sample of his saliva or tissue taken for DNA (deoxyribonucleic acid) analysis to
determine identification characteristics specific to the person. After a
determination by a magistrate or a grand jury that probable cause exists for the
arrest, a sample shall be taken prior to the person&#8217;s release from
custody. 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 as provided in §
19.2-310.5.
		The clerk of the court shall notify the Department of final disposition of the
criminal proceedings. If the charge for which the sample was taken is dismissed
or the defendant is acquitted at trial, the Department shall destroy the sample
and all records thereof, provided there is no other pending qualifying warrant
or capias for an arrest or conviction that would otherwise require that the
sample remain in the data bank.

HISTORY: 2002, cc. 753, 773; 2003, c. 150; 2004, c. 445; 2005, cc. 868, 881;
2006, c. 182; 2020, c. 87.