DNA; analysis upon conviction of certain misdemeanors. (HB1928)
Introduced By
Del. Rob Bell (R-Charlottesville) with support from co-patron Del. David Toscano (D-Charlottesville)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
DNA analysis upon conviction of certain misdemeanors. Adds offenses punishable as Class 1 or Class 2 misdemeanors under 16.1-253.2 (violation of protective orders), Title 18.2, with certain exceptions, Title 19.2, or 20-61 (desertion or nonsupport) to the list of offenses for which a person convicted of such offense must have a sample of his blood, saliva, or tissue taken for DNA analysis, provided that the person was sentenced to a term of incarceration, regardless of whether such sentence is suspended in whole or in part. The bill also requires such sample be taken from every juvenile convicted of or adjudicated delinquent of such misdemeanors who has been committed to the Department of Juvenile Justice and every juvenile convicted of or adjudicated delinquent of a violation of 18.2-67.4 (sexual battery), subsection C of 18.2-67.5 (attempt to commit sexual battery), or 18.2-130 (peeping). Under current law, a sample is not taken for DNA analysis from juveniles convicted of or adjudicated delinquent of any misdemeanor offenses and is taken from adults convicted of only five misdemeanor sex offenses: (i) 18.2-67.4, (ii) 18.2-67.4:2 (sexual abuse of a child 13 years of age or older but under 15), (iii) 18.2-67.5, (iv) 18.2-130, or (v) 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 »
Outcome
History
Date | Action |
---|---|
01/13/2015 | Committee |
01/13/2015 | Prefiled and ordered printed; offered 01/14/15 15103489D |
01/13/2015 | Referred to Committee for Courts of Justice |
01/20/2015 | Assigned Courts sub: Criminal Law |
01/22/2015 | Impact statement from DPB (HB1928) |
02/02/2015 | Subcommittee recommends reporting with amendment(s) (8-Y 1-N) |
02/02/2015 | Subcommittee recommends referring to Committee on Appropriations |
02/04/2015 | Reported from Courts of Justice with substitute (11-Y 9-N) (see vote tally) |
02/04/2015 | Committee substitute printed 15104624D-H1 |
02/04/2015 | Referred to Committee on Appropriations |
02/04/2015 | Incorporates HB1617 |
02/06/2015 | Assigned App. sub: Public Safety |
02/06/2015 | Subcommittee recommends reporting (6-Y 0-N) |
02/06/2015 | Impact statement from DPB (HB1928H1) |
02/06/2015 | Reported from Appropriations with substitute (14-Y 6-N) (see vote tally) |
02/06/2015 | Committee substitute printed 15104864D-H2 |
02/06/2015 | Incorporates HB1617 |
02/07/2015 | Read first time |
02/09/2015 | Read second time |
02/09/2015 | Committee substitute from Courts of Justice rejected 15104624D-H1 |
02/09/2015 | Committee substitute from Appropriations agreed to 15104864D-H2 |
02/09/2015 | Passed by temporarily |
02/09/2015 | Engrossed by House - committee substitute HB1928H2 |
02/10/2015 | Read third time and passed House (72-Y 27-N) |
02/10/2015 | VOTE: PASSAGE (72-Y 27-N) (see vote tally) |
02/10/2015 | Impact statement from DPB (HB1928H2) |
02/11/2015 | Constitutional reading dispensed |
02/11/2015 | Referred to Committee for Courts of Justice |
02/16/2015 | Reported from Courts of Justice with amendment (13-Y 0-N) (see vote tally) |
02/17/2015 | Constitutional reading dispensed (38-Y 0-N) (see vote tally) |
02/18/2015 | Read third time |
02/18/2015 | Reading of amendment waived |
02/18/2015 | Committee amendment agreed to |
02/18/2015 | Engrossed by Senate as amended |
02/18/2015 | Passed Senate with amendment (38-Y 0-N) (see vote tally) |
02/18/2015 | Placed on Calendar |
02/18/2015 | Senate amendment rejected by House (2-Y 92-N) |
02/18/2015 | VOTE:REJECTED (2-Y 92-N) (see vote tally) |
02/18/2015 | Senate insisted on amendment (37-Y 0-N) (see vote tally) |
02/18/2015 | Senate requested conference committee |
02/18/2015 | House acceded to request |
02/18/2015 | Conferees appointed by Senate |
02/18/2015 | Senators: Obenshain, Howell, Reeves |
02/18/2015 | Conferees appointed by House |
02/18/2015 | Delegates: Bell, Robert B., O'Bannon, Joannou |
02/19/2015 | C Amended by conference committee |
02/20/2015 | Conference report agreed to by Senate (37-Y 0-N) (see vote tally) |
02/20/2015 | Conference report agreed to by House (80-Y 11-N) |
02/20/2015 | VOTE: ADOPTION (80-Y 11-N) (see vote tally) |
02/25/2015 | Enrolled |
02/25/2015 | Bill text as passed House and Senate (HB1928ER) |
02/25/2015 | Impact statement from DPB (HB1928ER) |
02/25/2015 | Signed by Speaker |
02/26/2015 | G Governor's Action Deadline Midnight, Monday, March 30, 2015 |
02/26/2015 | Signed by President |
02/26/2015 | Enrolled Bill communicated to Governor on 2/26/15 |
02/26/2015 | G Governor's Action Deadline Midnight, Sunday, March 29, 2015 |
03/16/2015 | G Approved by Governor-Chapter 209 (effective 7/1/15) |
03/16/2015 | G Acts of Assembly Chapter text (CHAP0209) |
Comments
The Commonwealth should not be permitted to violate the civil rights of more of its citizens or 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.