State Codes and Statutes
Statutes > Virginia > Title-19-2 > Chapter-18 > 19-2-310-3-1§ 19.2-310.3:1. Procedures for taking saliva or tissue sample for DNAanalysis.
A. Each sample required pursuant to § 19.2-310.2:1 from persons arrestedshall be taken before release from custody at such place as is designated bythe law-enforcement agency responsible for arrest booking in thejurisdiction. Samples shall be taken in accordance with procedures adopted bythe Department of Forensic Science. The sample shall be sealed and labeledwith the subject's name, social security number, date of birth, race andgender; the name of the person collecting the sample; the date and place ofcollection; information identifying the arresting or accompanying officer;and the offense for which the person was arrested. The sample shall besecured to prevent tampering with the contents and be accompanied by a copyof the arrest warrant or capias. The steps herein set forth relating to thetaking, handling, identification, and disposition of saliva or tissue samplesare procedural and not substantive. The sample shall be transported to theDepartment of Forensic Science not more than 15 days following withdrawal andshall be analyzed and stored in the DNA data bank in accordance with §§19.2-310.4 and 19.2-310.5.
B. Substantial compliance therewith shall be deemed to be sufficient. If asample has been previously taken from the individual as indicated by theLocal Inmate Data System (LIDS), no additional sample shall be taken. Nocivil liability shall attach to any person authorized to take saliva ortissue as provided herein as a result of the act of taking saliva or tissuefrom any person submitting thereto, provided the saliva or tissue was takenaccording to recognized medical procedures. However, no person shall berelieved from liability for negligence in the taking of any saliva or tissuesample.
(2002, cc. 753, 773; 2003, c. 150; 2005, cc. 868, 881.)
