Each sample required pursuant to § 19.2-310.2 from persons who are to be incarcerated shall be withdrawn at the receiving unit or at such other place as is designated by the Department of Corrections or, in the case of a juvenile, the Department of Juvenile Justice. The required samples from persons who are not sentenced to a term of confinement shall be withdrawn at a time and place specified by the sentencing court. Only a correctional health nurse technician or a physician, registered nurse, licensed practical nurse, graduate laboratory technician, or phlebotomist shall withdraw any blood sample to be submitted for analysis. No civil liability shall attach to any person authorized to withdraw blood, saliva or tissue as provided herein as a result of the act of withdrawing blood, saliva or tissue from any person submitting thereto, provided the blood, saliva or tissue was withdrawn according to recognized medical procedures. However, no person shall be relieved from liability for negligence in the withdrawing of any blood, saliva or tissue sample.
Chemically clean sterile disposable needles and vacuum draw tubes or swabs shall be used for all samples. The tube or envelope containing the sample shall be sealed and secured to prevent tampering with the contents. 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 blood, saliva or tissue samples are procedural and not substantive. Substantial compliance therewith shall be deemed to be sufficient. The samples 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 §§ 19.2-310.4 and 19.2-310.5.
1990, c. 669; 1997, c. 862; 1998, c. 280; 2003, c. 150; 2004, c. 440; 2005, cc. 868, 881; 2022, cc. 41, 42.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 18 - Sentence; Judgment; Execution of Sentence
§ 19.2-295. Ascertainment of punishment
§ 19.2-295.1. Sentencing proceeding by the jury after conviction
§ 19.2-295.3. Admission of victim impact testimony
§ 19.2-296. Withdrawal of plea of guilty
§ 19.2-297.1. Sentence of person twice previously convicted of certain violent felonies
§ 19.2-298. Pronouncement of sentence
§ 19.2-298.01. Use of discretionary sentencing guidelines
§ 19.2-298.02. Deferred disposition in a criminal case
§ 19.2-299. Investigations and reports by probation officers in certain cases
§ 19.2-299.1. When Victim Impact Statement required; contents; uses
§ 19.2-302. Construction and administration of §§ 19.2-300 and 19.2-301
§ 19.2-303.01. Reduction of sentence; substantial assistance to prosecution
§ 19.2-303.1. Fixing period of suspension of sentence
§ 19.2-303.2. Persons charged with first offense may be placed on probation
§ 19.2-303.4. Payment of costs when proceedings deferred and defendant placed on probation
§ 19.2-304. Increasing or decreasing probation period and modification of conditions
§ 19.2-305.1. Restitution for property damage or loss; community service
§ 19.2-305.2. Amount of restitution; enforcement
§ 19.2-305.4. When interest to be paid on award of restitution
§ 19.2-306. Revocation of suspension of sentence and probation
§ 19.2-306.1. Limitation on sentence upon revocation of suspension of sentence; exceptions
§ 19.2-307. Contents of judgment order
§ 19.2-308. When two or more sentences run concurrently
§ 19.2-308.1. When sentence may run concurrently with sentence in another jurisdiction
§ 19.2-310. Transfer of prisoners to custody of Director of Department of Corrections
§ 19.2-310.01. Transmission of sentencing documents
§ 19.2-310.2:1. Saliva or tissue sample required for DNA analysis after arrest for a violent felony
§ 19.2-310.3. Procedures for withdrawal of blood, saliva or tissue sample for DNA analysis
§ 19.2-310.3:1. Procedures for taking saliva or tissue sample for DNA analysis
§ 19.2-310.4. Procedures for conducting DNA analysis of blood, saliva or tissue sample
§ 19.2-310.6. Unauthorized uses of DNA data bank; forensic samples; penalties
§ 19.2-313. Eligibility for release
§ 19.2-314. Supervision of persons released
§ 19.2-316. Evaluation and report prior to determining punishment