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)


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 State Crime Commission. This bill is identical to HB 1249. Read the Bill »


Bill Has Passed


01/09/2018Prefiled and ordered printed; offered 01/10/18 18103930D
01/09/2018Referred to Committee for Courts of Justice
01/17/2018Impact statement from DPB (SB565)
01/29/2018Reported from Courts of Justice (13-Y 2-N) (see vote tally)
01/29/2018Rereferred to Finance
02/06/2018Impact statement from DPB (SB565)
02/07/2018Reported from Finance with amendment (15-Y 1-N) (see vote tally)
02/08/2018Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/09/2018Read second time
02/09/2018Reading of amendment waived
02/09/2018Committee amendment agreed to
02/09/2018Engrossed by Senate as amended SB565E
02/09/2018Printed as engrossed 18103930D-E
02/12/2018Passed by temporarily
02/12/2018Impact statement from DPB (SB565E)
02/12/2018Read third time and passed Senate (34-Y 6-N) (see vote tally)
02/15/2018Placed on Calendar
02/15/2018Read first time
02/15/2018Referred to Committee for Courts of Justice
02/15/2018Assigned Courts sub: Subcommittee #1
02/19/2018Subcommittee recommends reporting with amendments (8-Y 0-N)
02/19/2018Subcommittee recommends referring to Committee on Appropriations
02/23/2018Reported from Courts of Justice with amendments (17-Y 0-N) (see vote tally)
02/27/2018Read second time
02/28/2018Read third time
02/28/2018Committee amendments agreed to
02/28/2018Engrossed by House as amended
02/28/2018Passed House with amendments (92-Y 6-N 1-A)
02/28/2018VOTE: PASSAGE (92-Y 6-N 1-A) (see vote tally)
02/28/2018Reconsideration of House passage agreed to by House
02/28/2018Passed House with amendments (93-Y 5-N 1-A)
02/28/2018VOTE: PASSAGE #2 (93-Y 5-N 1-A) (see vote tally)
03/02/2018House amendments rejected by Senate (0-Y 38-N) (see vote tally)
03/05/2018House insisted on amendments
03/05/2018House requested conference committee
03/06/2018Senate acceded to request (40-Y 0-N) (see vote tally)
03/06/2018Conferees appointed by Senate
03/06/2018Senators: Obenshain, Norment, Howell
03/07/2018Conferees appointed by House
03/07/2018Delegates: Toscano, Bell, Robert B., Collins
03/09/2018C Amended by conference committee
03/09/2018Conference report agreed to by House (88-Y 10-N 1-A)
03/09/2018VOTE: ADOPTION (88-Y 10-N 1-A) (see vote tally)
03/09/2018Conference report agreed to by Senate (32-Y 6-N) (see vote tally)
03/20/2018Bill text as passed Senate and House (SB565ER)
03/20/2018Impact statement from DPB (SB565ER)
03/20/2018Signed by Speaker
03/22/2018Signed by President
03/26/2018Enrolled Bill Communicated to Governor on March 26, 2018
03/26/2018G Governor's Action Deadline Midnight, April 9, 2018
03/30/2018G Approved by Governor-Chapter 544 (effective 7/1/18)
03/30/2018G Acts of Assembly Chapter text (CHAP0544)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 1 minute.


ACLU of Virginia writes:

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.

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.