DNA; analysis upon conviction of certain Class 1 misdemeanors. (HB1617)

Introduced By

Del. David Toscano (D-Charlottesville)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


DNA analysis upon conviction of certain Class 1 misdemeanors. Requires every person convicted of certain offenses under Title 18.2 that are punishable as Class 1 misdemeanors to have a sample of his blood, saliva, or tissue taken for DNA analysis. The bill also requires such sample be taken from every juvenile convicted of or adjudicated delinquent of any of three misdemeanor sex offenses: (i) 18.2-67.4 (sexual battery), (ii) subsection C of 18.2-67.5 (attempt to commit sexual battery), and (iii) 18.2-130 (peeping). Under current law, a sample is not taken for DNA analysis from juveniles convicted or adjudicated delinquent of any misdemeanor offenses and is taken from adults convicted of only five misdemeanor sex offenses: (a) 18.2-67.4, (b) 18.2-67.4:2 (sexual abuse of a child 13 years of age or older but under 15), (c) subsection C of 18.2-67.5, (d) 18.2-130, or (e) 18.2-370.6 (penetrating the mouth of a child under 13 with the tongue). The provisions of the bill apply only to persons convicted or juveniles adjudicated delinquent on or after July 1, 2015. Read the Bill »


02/04/2015: Merged into HB1928


01/08/2015Prefiled and ordered printed; offered 01/14/15 15103215D
01/08/2015Referred to Committee for Courts of Justice
01/13/2015Assigned Courts sub: Criminal Law
01/19/2015Impact statement from DPB (HB1617)
01/20/2015Impact statement from DPB (HB1617)
02/02/2015Subcommittee recommends incorporating (HB1928-Bell, Robert B.)
02/04/2015Incorporated by Courts of Justice (HB1928-Bell, Robert B.)


Safer Virginia writes:

The Commonwealth should not be permitted to take DNA samples from children.

U.S. courts have consistently found that the collection and analysis of one’s DNA constitutes a “search” for two reasons. First, bodily (or at least tissue) intrusion is necessary for DNA extraction. Second, there is a substantial and uniquely personalized nature in the information contained in the DNA itself, thereby triggering protections guaranteed under the Fourth Amendment.
Simoncelli, Tania, and Sheldon Krimsky. "A New Era of DNA Collections: At What Cost to Civil Liberties? | ACS." DNA Collection Civil Liberties. American Constitution Society, 9 Sept. 2007. Web. 17 Jan. 2015.