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

Bill Has Passed

History

DateAction
01/13/2015Committee
01/13/2015Prefiled and ordered printed; offered 01/14/15 15103489D
01/13/2015Referred to Committee for Courts of Justice
01/20/2015Assigned Courts sub: Criminal Law
01/22/2015Impact statement from DPB (HB1928)
02/02/2015Subcommittee recommends reporting with amendment(s) (8-Y 1-N)
02/02/2015Subcommittee recommends referring to Committee on Appropriations
02/04/2015Reported from Courts of Justice with substitute (11-Y 9-N) (see vote tally)
02/04/2015Committee substitute printed 15104624D-H1
02/04/2015Referred to Committee on Appropriations
02/04/2015Incorporates HB1617
02/06/2015Assigned App. sub: Public Safety
02/06/2015Subcommittee recommends reporting (6-Y 0-N)
02/06/2015Impact statement from DPB (HB1928H1)
02/06/2015Reported from Appropriations with substitute (14-Y 6-N) (see vote tally)
02/06/2015Committee substitute printed 15104864D-H2
02/06/2015Incorporates HB1617
02/07/2015Read first time
02/09/2015Read second time
02/09/2015Committee substitute from Courts of Justice rejected 15104624D-H1
02/09/2015Committee substitute from Appropriations agreed to 15104864D-H2
02/09/2015Passed by temporarily
02/09/2015Engrossed by House - committee substitute HB1928H2
02/10/2015Read third time and passed House (72-Y 27-N)
02/10/2015VOTE: PASSAGE (72-Y 27-N) (see vote tally)
02/10/2015Impact statement from DPB (HB1928H2)
02/11/2015Constitutional reading dispensed
02/11/2015Referred to Committee for Courts of Justice
02/16/2015Reported from Courts of Justice with amendment (13-Y 0-N) (see vote tally)
02/17/2015Constitutional reading dispensed (38-Y 0-N) (see vote tally)
02/18/2015Read third time
02/18/2015Reading of amendment waived
02/18/2015Committee amendment agreed to
02/18/2015Engrossed by Senate as amended
02/18/2015Passed Senate with amendment (38-Y 0-N) (see vote tally)
02/18/2015Placed on Calendar
02/18/2015Senate amendment rejected by House (2-Y 92-N)
02/18/2015VOTE:REJECTED (2-Y 92-N) (see vote tally)
02/18/2015Senate insisted on amendment (37-Y 0-N) (see vote tally)
02/18/2015Senate requested conference committee
02/18/2015House acceded to request
02/18/2015Conferees appointed by Senate
02/18/2015Senators: Obenshain, Howell, Reeves
02/18/2015Conferees appointed by House
02/18/2015Delegates: Bell, Robert B., O'Bannon, Joannou
02/19/2015C Amended by conference committee
02/20/2015Conference report agreed to by Senate (37-Y 0-N) (see vote tally)
02/20/2015Conference report agreed to by House (80-Y 11-N)
02/20/2015VOTE: ADOPTION (80-Y 11-N) (see vote tally)
02/25/2015Enrolled
02/25/2015Bill text as passed House and Senate (HB1928ER)
02/25/2015Impact statement from DPB (HB1928ER)
02/25/2015Signed by Speaker
02/26/2015G Governor's Action Deadline Midnight, Monday, March 30, 2015
02/26/2015Signed by President
02/26/2015Enrolled Bill communicated to Governor on 2/26/15
02/26/2015G Governor's Action Deadline Midnight, Sunday, March 29, 2015
03/16/2015G Approved by Governor-Chapter 209 (effective 7/1/15)
03/16/2015G Acts of Assembly Chapter text (CHAP0209)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 7 minutes.

Comments

Safer Virginia writes:

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.