2006 Code of Virginia § 19.2-310.5 - DNA data bank exchange

19.2-310.5. DNA data bank exchange.

It shall be the duty of the Department to receive blood, saliva or tissuesamples and to analyze, classify, and file the results of DNA identificationcharacteristics profiles of blood, saliva or tissue samples submittedpursuant to 19.2-310.2 or 19.2-310.2:1 and to make such informationavailable as provided in this section. The results of an analysis andcomparison of the identification characteristics from two or more blood,saliva or tissue samples shall be made available directly to federal, stateand local law-enforcement officers upon request made in furtherance of anofficial investigation of any criminal offense. The Department shall confirmwhether or not there is a DNA profile on file for a specific individual if afederal, state or local law-enforcement officer requests that information infurtherance of an official investigation of any criminal offense. A requestmay be made by personal contact, mail, or electronic means. The name of therequestor and the purpose for which the information is requested shall bemaintained on file with the Department.

Upon his request, a copy of the request for search shall be furnished to anyperson identified and charged with an offense as the result of a search ofinformation in the data bank.

The Department shall adopt regulations governing (i) the methods of obtaininginformation 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 requireregular access to the data bank and samples submitted as a necessary functionof the job.

The Department shall create a separate statistical data base comprised of DNAprofiles of blood, saliva or tissue samples of persons whose identity isunknown. Nothing in this section or 19.2-310.6 shall prohibit theDepartment from sharing or otherwise disseminating the information in thestatistical data base with law-enforcement or criminal justice agencieswithin or without the Commonwealth.

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

(1990, c. 669; 1998, c. 280; 2000, c. 284; 2002, cc. 753, 773; 2005, cc. 868,881.)