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)

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