                                 CODE OF VIRGINIA

DNA DATA BANK (§ 19.2-310.5)

A. It shall be the duty of the Department to receive samples of human biological
evidence and to analyze, classify, and file the results of DNA identification
characteristics profiles of samples of human biological evidence submitted
pursuant to &#xA7; 19.2-310.2 or 19.2-310.2:1 and to make such information
available as provided in this section. The results of an analysis and comparison
of evidence submitted to the Department pursuant to &#xA7; 9.1-1101 to the
identification characteristics of human biological evidence so analyzed,
classified, and filed shall be made available directly to duly authorized
members of federal, state, and local law-enforcement agencies or private police
departments that have been designated as criminal justice agencies by the
Department of Criminal Justice Services as defined by &#xA7; 9.1-101, attorneys
for the Commonwealth or attorneys for the United States Department of Justice,
or the Office of the Chief Medical Examiner upon request made in furtherance of
an official investigation or prosecution of any criminal offense, or to an
accused or his attorney pursuant to &#xA7; 9.1-1104. The Department shall
confirm whether or not there is a DNA profile on file for a specific individual
if a federal, state, or local law-enforcement officer or any federal, state, or
local criminal justice agency that participates in the National DNA Index System
requests that information in furtherance of an official investigation of any
criminal offense. For law-enforcement identification purposes, the Department
shall provide to any federal, state, or local criminal justice agency that
participates in the National DNA Index System the personally identifiable
information for any confirmed candidate match associated with a DNA data bank
record. The name of the requestor and the purpose for which the information is
requested shall be maintained on file with the Department.

B. The Department shall adopt regulations governing (i) the methods of obtaining
information from the data bank in accordance with this section and (ii)
procedures for verification of the identity and authority of the requestor. The
Department shall specify the positions in that agency which require regular
access to the data bank and samples submitted as a necessary function of the
job.

C. The Department shall create a separate statistical database comprised of DNA
profiles of samples of human biological evidence of persons whose identity is
unknown. Nothing in this section or &#xA7; 19.2-310.6 shall prohibit the
Department from sharing or otherwise disseminating the information in the
statistical database with law-enforcement or criminal justice agencies within or
without the Commonwealth.

D. The Department may charge a reasonable fee to search and provide a
comparative analysis of DNA profiles in the data bank to any authorized
law-enforcement agency outside of the Commonwealth.

HISTORY: 1990, c. 669; 1998, c. 280; 2000, c. 284; 2002, cc. 753, 773; 2005, cc.
868, 881; 2010, c. 502; 2011, cc. 66, 171, 638; 2024, c. 210.