DNA; analysis upon conviction of certain misdemeanors. (SB565)
Introduced By
Sen. Mark Obenshain (R-Harrisonburg) with support from co-patron Del. Steve Landes (R-Weyers Cave)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
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 State Crime Commission. This bill is identical to HB 1249. Read the Bill »
Outcome
Bill Has Passed
History
Date | Action |
---|---|
01/09/2018 | Prefiled and ordered printed; offered 01/10/18 18103930D |
01/09/2018 | Referred to Committee for Courts of Justice |
01/17/2018 | Impact statement from DPB (SB565) |
01/29/2018 | Reported from Courts of Justice (13-Y 2-N) (see vote tally) |
01/29/2018 | Rereferred to Finance |
02/06/2018 | Impact statement from DPB (SB565) |
02/07/2018 | Reported from Finance with amendment (15-Y 1-N) (see vote tally) |
02/08/2018 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
02/09/2018 | Read second time |
02/09/2018 | Reading of amendment waived |
02/09/2018 | Committee amendment agreed to |
02/09/2018 | Engrossed by Senate as amended SB565E |
02/09/2018 | Printed as engrossed 18103930D-E |
02/12/2018 | Passed by temporarily |
02/12/2018 | Impact statement from DPB (SB565E) |
02/12/2018 | Read third time and passed Senate (34-Y 6-N) (see vote tally) |
02/15/2018 | Placed on Calendar |
02/15/2018 | Read first time |
02/15/2018 | Referred to Committee for Courts of Justice |
02/15/2018 | Assigned Courts sub: Subcommittee #1 |
02/19/2018 | Subcommittee recommends reporting with amendments (8-Y 0-N) |
02/19/2018 | Subcommittee recommends referring to Committee on Appropriations |
02/23/2018 | Reported from Courts of Justice with amendments (17-Y 0-N) (see vote tally) |
02/27/2018 | Read second time |
02/28/2018 | Read third time |
02/28/2018 | Committee amendments agreed to |
02/28/2018 | Engrossed by House as amended |
02/28/2018 | Passed House with amendments (92-Y 6-N 1-A) |
02/28/2018 | VOTE: PASSAGE (92-Y 6-N 1-A) (see vote tally) |
02/28/2018 | Reconsideration of House passage agreed to by House |
02/28/2018 | Passed House with amendments (93-Y 5-N 1-A) |
02/28/2018 | VOTE: PASSAGE #2 (93-Y 5-N 1-A) (see vote tally) |
03/02/2018 | House amendments rejected by Senate (0-Y 38-N) (see vote tally) |
03/05/2018 | House insisted on amendments |
03/05/2018 | House requested conference committee |
03/06/2018 | Senate acceded to request (40-Y 0-N) (see vote tally) |
03/06/2018 | Conferees appointed by Senate |
03/06/2018 | Senators: Obenshain, Norment, Howell |
03/07/2018 | Conferees appointed by House |
03/07/2018 | Delegates: Toscano, Bell, Robert B., Collins |
03/09/2018 | C Amended by conference committee |
03/09/2018 | Conference report agreed to by House (88-Y 10-N 1-A) |
03/09/2018 | VOTE: ADOPTION (88-Y 10-N 1-A) (see vote tally) |
03/09/2018 | Conference report agreed to by Senate (32-Y 6-N) (see vote tally) |
03/20/2018 | Enrolled |
03/20/2018 | Bill text as passed Senate and House (SB565ER) |
03/20/2018 | Impact statement from DPB (SB565ER) |
03/20/2018 | Signed by Speaker |
03/22/2018 | Signed by President |
03/26/2018 | Enrolled Bill Communicated to Governor on March 26, 2018 |
03/26/2018 | G Governor's Action Deadline Midnight, April 9, 2018 |
03/30/2018 | G Approved by Governor-Chapter 544 (effective 7/1/18) |
03/30/2018 | G Acts of Assembly Chapter text (CHAP0544) |
Comments
The ACLU of Virginia strongly opposes any expansion of the list of crimes for which DNA collection is mandatory. Expanding the databank, particularly to include more minor offenses, raises serious constitutional concerns about individual privacy and due process.
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.