Physical evidence recovery kits; victim's right to notification, storage. (HB719)

Introduced By

Del. Eileen Filler-Corn (D-Fairfax Station) with support from co-patron Del. Margaret Ransone (R-Kinsale)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Physical evidence recovery kits; victim's right to notification; storage. Provides that for a physical evidence recovery kit that (i) was collected by the Office of the Chief Medical Examiner as part of a routine death investigation and the medical examiner and the law-enforcement agency agree that analysis is not warranted, (ii) was determined by the law-enforcement agency not to be connected to a criminal offense, or (iii) is connected to an offense that occurred outside of the Commonwealth or another law-enforcement agency has taken over responsibility of the investigation and such kit is not transferred to another law-enforcement agency, the law-enforcement agency that received the physical evidence recovery kit shall store such kit for a period of 10 years or until 10 years after the victim reaches the age of majority if the victim was a minor at the time of collection, whichever is longer. The bill provides that after the mandatory retention period, the law-enforcement agency may destroy the physical evidence recovery kit, or in its discretion, may elect to retain the physical evidence recovery kit for a longer period of time. The bill also provides that when a state or local law-enforcement agency located within the Commonwealth has taken over responsibility for the investigation related to the physical evidence recovery kit, unless one of the other exceptions for submitting such kit to the Department of Forensic Science applies, the physical evidence recovery kit shall be transferred to such law-enforcement agency and such law-enforcement agency shall submit the physical evidence recovery kit to the Department of Forensic Science within 60 days of receipt from the original receiving law-enforcement agency. The bill also requires the law-enforcement agency to inform the victim, parent, guardian, or next of kin of the unique identification number assigned to the physical evidence recovery kit utilized by the health care provider and the personal identification number required to view the status of the physical evidence recovery kit and provide information regarding the Physical Evidence Recovery Kit Tracking System, unless disclosing this information would interfere with the investigation or prosecution of the offense, in which case the victim, parent, guardian, or next of kin shall be informed of the estimated date on which the information may be disclosed, if known. This bill is identical to SB 658. Read the Bill »


Bill Has Passed


01/11/2022Prefiled and ordered printed; offered 01/12/22 22103051D
01/11/2022Referred to Committee for Courts of Justice
01/25/2022Assigned Courts sub: Subcommittee #1
01/26/2022House subcommittee amendments and substitutes offered
01/26/2022Subcommittee recommends reporting with substitute (8-Y 0-N)
01/28/2022Reported from Courts of Justice with substitute (18-Y 0-N) (see vote tally)
01/28/2022Committee substitute printed 22105163D-H1
02/01/2022Read first time
02/02/2022Read second time
02/02/2022Committee substitute agreed to 22105163D-H1
02/02/2022Engrossed by House - committee substitute HB719H1
02/03/2022Read third time and passed House Block Vote (99-Y 0-N)
02/03/2022VOTE: Block Vote Passage (99-Y 0-N) (see vote tally)
02/03/2022Reconsideration of passage agreed to by House
02/03/2022Passed House (100-Y 0-N)
02/03/2022VOTE: Passage #2 (100-Y 0-N) (see vote tally)
02/04/2022Impact statement from DPB (HB719H1)
02/04/2022Constitutional reading dispensed
02/04/2022Referred to Committee on the Judiciary
02/16/2022Senate committee, floor amendments and substitutes offered
02/16/2022Reported from Judiciary with amendment (10-Y 0-N) (see vote tally)
02/18/2022Constitutional reading dispensed (38-Y 0-N) (see vote tally)
02/21/2022Read third time
02/21/2022Reading of amendment waived
02/21/2022Committee amendment agreed to
02/21/2022Engrossed by Senate as amended
02/21/2022Passed Senate with amendment (40-Y 0-N) (see vote tally)
02/23/2022Senate amendment agreed to by House (100-Y 0-N)
02/23/2022VOTE: Adoption (100-Y 0-N) (see vote tally)
02/25/2022Bill text as passed House and Senate (HB719ER)
02/25/2022Signed by Speaker
02/25/2022Signed by President
02/28/2022Impact statement from DPB (HB719ER)
03/11/2022Enrolled Bill communicated to Governor on March 11, 2022
03/11/2022G Governor's Action Deadline 11:59 p.m., April 11, 2022
04/11/2022G Approved by Governor-Chapter 453 (effective 7/1/22)
04/11/2022G Acts of Assembly Chapter text (CHAP0453)

Duplicate Bills

The following bills are identical to this one: SB658.

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