DNA; adds certain crimes to list for which a sample must be taken upon arrest. (SB6)

Introduced By

Sen. Richard Stuart (R-Westmoreland)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


DNA sample upon arrest. Adds the following crimes to the list of crimes for which a DNA sample must be taken upon arrest for commission or attempted commission: sexual battery, peeping or spying into a dwelling, penetration of mouth of a child with lascivious intent, indecent exposure, and obscene sexual display. Read the Bill »


Bill Has Failed


12/03/2013Prefiled and ordered printed; offered 01/08/14 14100956D
12/03/2013Referred to Committee for Courts of Justice
01/15/2014Reported from Courts of Justice with substitute (15-Y 0-N) (see vote tally)
01/15/2014Committee substitute printed 14104042D-S1
01/17/2014Constitutional reading dispensed (38-Y 0-N)
01/20/2014Read second time
01/20/2014Reading of substitute waived
01/20/2014Committee substitute agreed to 14104042D-S1
01/20/2014Engrossed by Senate - committee substitute SB6S1
01/21/2014Read third time and passed Senate (38-Y 0-N)
01/22/2014Impact statement from DPB (SB6S1)
01/23/2014Placed on Calendar
01/23/2014Read first time
01/23/2014Referred to Committee for Courts of Justice
01/23/2014Impact statement from DPB (SB6S1)
02/14/2014Assigned Courts sub: Criminal Law
02/24/2014Subcommittee recommends reporting with amendment(s) (10-Y 0-N)
02/24/2014Subcommittee recommends referring to Committee on Appropriations
02/26/2014Reported from Courts of Justice with substitute (21-Y 0-N) (see vote tally)
02/26/2014Committee substitute printed 14105309D-H1
02/26/2014Referred to Committee on Appropriations
02/28/2014Assigned App. sub: Public Safety
03/03/2014Subcommittee recommends laying on the table
03/04/2014Left in Appropriations


Mary Devoy writes:

In June 2013 the U.S. Supreme Court ruled that taking DNA is the equivalent of taking fingerprints and photographs.

Today in Virginia DNA can already be taken upon arrest for charges of:
- Murder
- Breaking and Entering a House at Night to commit larceny, is guilty of burglary
- Breaking and Entering a House to commit larceny, assault and battery or other felony
- Breaking and Entering any building or vehicle to commit murder, rape, robbery or arson
- Breaking and entering dwelling house with intent to commit other misdemeanor

I'm betting SB6 will be expanded to even more crimes than currently proposed during the first Committee hearing or additional bills get filed this year or next year so that DNA gets taken in almost every crime charged/investigated in Virginia.

Back in 2011 Virginia approved the seizure of familial DNA even though most states refuse the practice due to privacy and fairness concerns.

Investigated but unfounded, related to someone suspected by authorities, charged with a crime or convicted of a crime your DNA will be logged by the Virginia Department of Forensic Science and maybe even sent to the Federal database and there isn't anything you can do about it you have no right to your own DNA in Virginia.

Mary Devoy writes:

California v. Maryland DNA Collection Laws and what their court decisions could mean for expansion of DNA collection here in Virginia.

December 8, 2013: http://www.therepublic.com/view/story/c9813900f5f14f6192919b33ef191003/CA--Cold-Hits-Lawsuit
From the article:
A federal appeals court appeared ready last year to strike down as an unconstitutional invasion of privacy a controversial California law requiring police to collect DNA samples from every person arrested in the state.

Then the U.S. Supreme Court ruled 5-4 to uphold Maryland's similar — but narrower — law. The 9th U.S. Circuit Court of Appeals then ordered lawyers on both sides to refashion their legal arguments in light of the high court ruling.

On Monday, a specially convened 11-judge panel of the 9th Circuit will hear oral arguments in San Francisco.

The ACLU argues that the law is unconstitutional because not all arrestees are charged with a crime. It argues that California's law is different from the Maryland law upheld by the Supreme Court because Maryland collects DNA only from those arrested for serious offenses.

"Unlike Maryland, California's DNA law includes not only individuals arrested for violent felonies but also people arrested for nonviolent offenses such as joyriding, simple drug possession, and shoplifting beer," ACLU Michael Risher wrote in a legal filing.

Risher also noted that Maryland officials automatically destroy DNA samples collected from arrestees who are not charged. Persons arrested in California but not charged must apply to the state for destruction of their DNA samples.

"These differences, however, are not constitutionally significant, and do not distinguish" between the Maryland and California laws, state deputy Attorney General Daniel Powell argued in court papers.