2006 Code of Virginia § 19.2-310.3 - Procedures for withdrawal of blood, saliva or tissue sample for DNA analysis

19.2-310.3. Procedures for withdrawal of blood, saliva or tissue sample forDNA analysis.

Each sample required pursuant to 19.2-310.2 from persons who are to beincarcerated shall be withdrawn at the receiving unit or at such other placeas is designated by the Department of Corrections or, in the case of ajuvenile, the Department of Juvenile Justice. The required samples frompersons who are not sentenced to a term of confinement shall be withdrawn ata time and place specified by the sentencing court. Only a correctionalhealth nurse technician or a physician, registered nurse, licensed practicalnurse, graduate laboratory technician, or phlebotomist shall withdraw anyblood sample to be submitted for analysis. No civil liability shall attach toany person authorized to withdraw blood, saliva or tissue as provided hereinas a result of the act of withdrawing blood, saliva or tissue from any personsubmitting thereto, provided the blood, saliva or tissue was withdrawnaccording to recognized medical procedures. However, no person shall berelieved from liability for negligence in the withdrawing of any blood,saliva or tissue sample.

Chemically clean sterile disposable needles and vacuum draw tubes or swabsshall be used for all samples. The tube or envelope containing the sampleshall be sealed and labeled with the subject's name, social security number,date of birth, race and gender; the name of the person collecting the sample;and the date and place of collection. The tubes or envelopes containing thesamples shall be secured to prevent tampering with the contents. The stepsherein set forth relating to the taking, handling, identification, anddisposition of blood, saliva or tissue samples are procedural and notsubstantive. Substantial compliance therewith shall be deemed to besufficient. The samples shall be transported to the Department of ForensicScience not more than 15 days following withdrawal and shall be analyzed andstored 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.)