Physical evidence recovery kits; victim's right to notification, storage. (SB658)

Introduced By

Sen. Jennifer McClellan (D-Richmond)


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 HB 719. Read the Bill »


Bill Has Passed


01/19/2022Presented and ordered printed 22104324D
01/19/2022Referred to Committee on the Judiciary
02/04/2022Impact statement from DPB (SB658)
02/07/2022Senate committee, floor amendments and substitutes offered
02/07/2022Reported from Judiciary with substitute (14-Y 0-N) (see vote tally)
02/07/2022Committee substitute printed 22105508D-S1
02/08/2022Impact statement from DPB (SB658S1)
02/08/2022Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/09/2022Read second time
02/09/2022Reading of substitute waived
02/09/2022Committee substitute agreed to 22105508D-S1
02/09/2022Engrossed by Senate - committee substitute SB658S1
02/10/2022Read third time and passed Senate (40-Y 0-N) (see vote tally)
02/21/2022Placed on Calendar
02/21/2022Read first time
02/21/2022Referred to Committee for Courts of Justice
02/21/2022House committee, floor amendments and substitutes offered
02/21/2022Reported from Courts of Justice with amendment(s) (20-Y 0-N) (see vote tally)
02/23/2022Read second time
02/24/2022Read third time
02/24/2022Committee amendment agreed to
02/24/2022Engrossed by House as amended
02/24/2022Passed House with amendment BLOCK VOTE (99-Y 0-N)
02/24/2022VOTE: Block Vote Passage (99-Y 0-N) (see vote tally)
02/28/2022House amendment agreed to by Senate (40-Y 0-N) (see vote tally)
03/02/2022Bill text as passed Senate and House (SB658ER)
03/02/2022Signed by Speaker
03/03/2022Impact statement from DPB (SB658ER)
03/03/2022Signed by President
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 454 (effective 7/1/22)
04/11/2022G Acts of Assembly Chapter text (CHAP0454)

Duplicate Bills

The following bills are identical to this one: HB719.


VA NOW (National Organization for Women), tracking this bill in Photosynthesis, notes:

Pass. Keep rape kits - some victims need time before they are ready to bring charges against their rapist.

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