Physical evidence; procedure for collection, etc., of recovery kits. (HB1158)

Introduced By

Del. Vivian Watts (D-Annandale) with support from co-patrons Del. Eileen Filler-Corn (D-Fairfax Station), and Sen. Jennifer McClellan (D-Richmond)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Physical evidence recovery kits. Establishes a comprehensive procedure for the collection and analysis of physical evidence recovery kits for victims of sexual assault, including those who elect at the time of the exam not to report a sexual assault to a law-enforcement agency. Kits from victims who elect not to report are known as "anonymous physical evidence recovery kits" and will be stored at the Division of Consolidated Laboratory Services (the Division) for two years, although the Division, the victim, or the law-enforcement agency may elect for the kits to be retained for a longer period of time. If the victim later elects to report the sexual assault, the victim's kit will be released to law enforcement. Health care providers are required to explain these procedures and time frames to victims. Where the victim elects to report the offense to law enforcement at the time of the exam, law enforcement is required to take possession of the victim's kit forthwith upon notification from the health care provider that the kit has been collected and, with limited exceptions, to submit the kit to the Department of Forensic Science for analysis within 60 days. The bill outlines the exceptions to mandatory submission for analysis, time frames, and storage requirements for retention of analyzed samples; expungement of DNA samples obtained but not connected to a crime; and victims' notification rights. Read the Bill »


02/10/2016: Incorporated into Another Bill


01/13/2016Prefiled and ordered printed; offered 01/13/16 16102185D
01/13/2016Presented and ordered printed 16102185D
01/13/2016Referred to Committee for Courts of Justice
01/20/2016Assigned to sub: Criminal Law
01/20/2016Assigned App. sub: Criminal Law
01/20/2016Assigned Courts sub: Criminal Law
01/27/2016Impact statement from DPB (HB1158)
02/08/2016Subcommittee recommends laying on the table
02/10/2016Incorporated by Courts of Justice (HB1160-Bell, Robert B.)

Duplicate Bills

The following bills are identical to this one: SB291.