                                 CODE OF VIRGINIA

PROCEDURES FOR TAKING SALIVA OR TISSUE SAMPLE FOR DNA ANALYSIS (§ 19.2-310.3:1)

A. Each sample required pursuant to &#xA7; 19.2-310.2:1 from persons arrested
shall be taken before release from custody at such place as is designated by the
law-enforcement agency responsible for arrest booking in the jurisdiction.
Samples shall be taken in accordance with procedures adopted by the Department
of Forensic Science. The sample shall be sealed and secured to prevent tampering
with the contents and be accompanied by a copy of the arrest warrant or capias.
The agency submitting the sample shall provide information pertaining to the
sample by (i) logging such information into the Department of Forensic Science
DNA data bank sample tracking system at the time of collection or (ii)
submitting such information to the Department of Forensic Science along with the
sample. The steps herein set forth relating to the taking, handling,
identification, and disposition of saliva or tissue samples are procedural and
not substantive. The sample shall be mailed or transported to the Department of
Forensic Science not more than 15 days following withdrawal and shall be
analyzed and stored in the DNA data bank in accordance with &#xA7;&#xA7;
19.2-310.4 and 19.2-310.5.

B. Substantial compliance therewith shall be deemed to be sufficient. If a
sample from the individual is stored in the data bank as indicated by the
Department of Forensic Science DNA data bank sample tracking system, no
additional sample shall be taken. No civil liability shall attach to any person
authorized to take saliva or tissue as provided herein as a result of the act of
taking saliva or tissue from any person submitting thereto, provided the saliva
or tissue was taken according to recognized medical procedures. However, no
person shall be relieved from liability for negligence in the taking of any
saliva or tissue sample.

HISTORY: 2002, cc. 753, 773; 2003, c. 150; 2005, cc. 868, 881; 2022, cc. 41, 42.