DNA; analysis upon conviction of certain misdemeanors. (HB1249)

Introduced By

Del. David Toscano (D-Charlottesville) with support from co-patron Del. Steve Landes (R-Weyers Cave)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


DNA analysis upon conviction of certain misdemeanors. Adds misdemeanor violations of §§ 18.2-57 (assault and battery) and 18.2-119 (trespass) to the list of offenses for which an adult convicted of such offense must have a sample of his blood, saliva, or tissue taken for DNA analysis. As introduced, this bill was a recommendation of the Virginia Crime Commission. This bill is identical to SB 565. Read the Bill »


Bill Has Passed


01/10/2018Prefiled and ordered printed; offered 01/10/18 18102222D
01/10/2018Referred to Committee for Courts of Justice
01/17/2018Impact statement from DPB (HB1249)
01/18/2018Assigned Courts sub: Subcommittee #1
01/26/2018Subcommittee recommends reporting (6-Y 1-N)
01/26/2018Subcommittee recommends referring to Committee on Appropriations
02/05/2018Reported from Courts of Justice (18-Y 0-N) (see vote tally)
02/05/2018Referred to Committee on Appropriations
02/06/2018Assigned App. sub: Public Safety
02/06/2018Impact statement from DPB (HB1249)
02/08/2018Subcommittee recommends reporting with amendments (7-Y 0-N)
02/09/2018Subcommittee recommends reporting with amendments (6-Y 0-N)
02/09/2018Reported from Appropriations with amendment (21-Y 0-N) (see vote tally)
02/10/2018Read first time
02/12/2018Read second time
02/12/2018Committee amendment agreed to
02/12/2018Engrossed by House as amended HB1249E
02/12/2018Printed as engrossed 18102222D-E
02/13/2018Read third time and passed House (91-Y 7-N 1-A)
02/13/2018VOTE: PASSAGE (91-Y 7-N 1-A) (see vote tally)
02/13/2018Impact statement from DPB (HB1249E)
02/14/2018Constitutional reading dispensed
02/14/2018Referred to Committee for Courts of Justice
02/19/2018Reported from Courts of Justice with amendment (13-Y 2-N) (see vote tally)
02/20/2018Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/21/2018Read third time
02/21/2018Reading of amendment waived
02/21/2018Committee amendment agreed to
02/21/2018Engrossed by Senate as amended
02/21/2018Passed Senate with amendment (31-Y 8-N 1-A) (see vote tally)
02/21/2018Reconsideration of Senate passage agreed to by Senate (39-Y 0-N) (see vote tally)
02/21/2018Passed Senate with amendment (32-Y 8-N) (see vote tally)
02/22/2018Placed on Calendar
02/23/2018Placed on Calendar
02/23/2018Senate amendment rejected by House (1-Y 97-N)
02/23/2018VOTE: REJECTED (1-Y 97-N) (see vote tally)
02/27/2018Senate insisted on amendment (40-Y 0-N) (see vote tally)
02/27/2018Senate requested conference committee
02/28/2018House acceded to request
02/28/2018Conferees appointed by House
02/28/2018Delegates: Toscano, Bell, Robert B., Collins
03/01/2018Conferees appointed by Senate
03/01/2018Senators: Obenshain, Howell, Stanley
03/06/2018C Amended by conference committee
03/07/2018Conference report agreed to by Senate (32-Y 7-N) (see vote tally)
03/07/2018Reconsideration of conference report agreed to by Senate (39-Y 0-N) (see vote tally)
03/07/2018Conference report agreed to by Senate (28-Y 11-N) (see vote tally)
03/08/2018Conference report agreed to by House (88-Y 8-N 1-A)
03/08/2018VOTE: ADOPTION (88-Y 8-N 1-A) (see vote tally)
03/10/2018Bill text as passed House and Senate (HB1249ER)
03/10/2018Signed by Speaker
03/12/2018Impact statement from DPB (HB1249ER)
03/12/2018Signed by President
03/20/2018Enrolled Bill communicated to Governor on March 20, 2018
03/20/2018G Governor's Action Deadline Midnight, April 9, 2018
03/30/2018G Approved by Governor-Chapter 543 (effective 7/1/18)
03/30/2018G Acts of Assembly Chapter text (CHAP0543)


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 5 minutes.


This is a transcript of the video clips in which this bill is discussed.

house, H.B. 1249 when it left the house required the collection of dna samples from people who had been convicted of three additional misdemeanors, assault and battery on family member, criminal trespass and assault and battery. A lot of people worked very hard to get this bill passed out of the house. When it went over to the senate they cut back on one of the misdemeanors, taking out the requirement to take the sample upon conviction of domestic assault -- assault and battery on a domestic family member. I had originally thought about accepting the senate amendment and just getting the bill passed but upon further reflection and thinking about all of the hard work that so many people on the appropriations committee did to make the bill happen, I would urge you to reject the senate amendment, put it in conference so we have another shot at passing the house bill as it left the body. I would ask for a red on this. >> shall the senate amendment be
his child from a life of crime. [Laughter] the delegate from fairfax, delegate tran and baby for their clapping during the governor address to the joint assembly. And the award goes to, because I want to come to his office one day and see toscano's mug in his office, the delegate from shenandoah. [Cheers and applause] >> Mr. Speaker? we have three more mugs to go. Our next category for the best performance by a millennial in a speech their leadership obviously put them up to. [Laughter] the nominees are -- the -- delegate brewer for her speech for the uber or lyft tax. Delegate vanvalkenburg for his response the very next next day and although he's not a millennial, we also nom nayed delegate hugo for his netflix and chill speech. But the winner is delegate brewer. [Cheers and applause] >> Mr. Speaker? delegate bagby. >> last time I'm getting up. The next award -- or category is best performance by a freshman, first bill defense. Delegate hurst for refusing to speculate on the lee chur leisure time of his activities when asking if his senior constituents liked to watch netflix and chill. And delegate tran for refusing to accept a question from delegate simon on a friday evening. [Cheers and applause]

Del. David Toscano (D-Charlottesville): no big secret who wins the award. So delegate tran, congratulations. [Cheers and applause] Push

[Unknown]: the next award goes to the best cry. The best cry. The best member -- the member that gave the best cry on the floor. No good movie is a good movie without a good cry. So the first individual would be delegate landes.


ACLU-VA Police Practices, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia strongly opposes the expansion of the DNA data bank to include DNA from persons convicted of very minor crimes like petit larceny. We are disappointed that the Crime Commission would recommend expansion of the DNA databank while knowing that doing so can increase ethnic bias and the likelihood of false matches, among other harmful results. We continue to have serious concerns about privacy and due process with regard to mandatory DNA sampling in law enforcement, and further expanding a database that already includes the most sensitive, personal information about one in every 20 Virginians, even as the number of ‘hits’ is in decline. This is not an evidence-based decision. The Crime Commission's own staff testified before the commission that "most" people convicted of misdemeanors do not go on to commit serious felonies, and that, at best, there was an "association," and not a correlation, between convictions for the specified misdemeanors and later convictions for felonies.