HB 898 — Forensic Science, Department of; laboratory procedures, requirements regarding DNA profiles.
Last action — Impact statement from DPB (HB898ER)
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 09, 2024. Enacted.
Signed by Governor Glenn Youngkin (Republican) on March 28, 2024.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 7 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
Department of Forensic Science; laboratory procedures; requirements regarding DNA profiles. Provides that when an accused person or his attorney files a motion for a scientific investigation, he must certify that the Department of Forensic Science or Division of Consolidated Laboratory Services has indicated it has a methodology to perform the requested scientific investigation. The bill also clarifies that the signature of a person who received material to be analyzed by a laboratory on an evidence submission receipt shall be deemed prima facie evidence that such person was an authorized agent and that such receipt constitutes proper receipt by the laboratory. The bill also provides that such signature on a request for laboratory examination form or evidence submission receipt may be made by hand or electronic means. The bill also removes the requirement that a party intending to offer the results of a deoxyribonucleic (DNA) analysis provide or make available copies of the DNA profiles but retains the requirement that such party provide or make available copies of the report or statement to be introduced. Additionally, the bill requires the Department to confirm whether or not there is a DNA profile on file for a specific individual if a federal, state, or local criminal justice agency that participates in the National DNA Index System requests that information in furtherance of an official investigation of any criminal offense. The bill contains technical amendments.
Bill Text
What changed in the latest version
145 added · 137 removedPlain-language change summary
The recent amendment to HB 898 clarifies and strengthens the rights of accused individuals, allowing them or their attorneys to request results of scientific investigations related to their case more straightforwardly. This version emphasizes the requirement for the attorney to certify in good faith that a scientific investigation may be relevant and that the appropriate department can perform it. These changes are significant because they aim to ensure that individuals accused of crimes have better access to evidence that could support their defense, thereby promoting fairness in the judicial process.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E210 An Act to amend and reenact §§ 9.1-1104, 9.1-1111, 19.2-187.01, 19.2-270.5, 19.2-310.4, and N19.2-310.5 procedures;of the Code of Virginia, relating to Department of Forensic Science;
requirementslaboratory regardingprocedures; DNA profiles.Department of Forensic Science;
laboratoryrequirements Rregarding ODNA [Hprofiles. 898] L Approved L Be it enacted by the General Assembly of Virginia:
E[H 1.898] Approved March 28, 2024 Be it enacted by the General Assembly of Virginia:
That1. §§ 9.1-1104, 9.1-1111, 19.2-187.01, 19.2-270.5, 19.2-310.4, and 19.2-310.5 of the Code Df Vir§ 9.1-1104.
That §§ 9.1-1104, 9.1-1111, 19.2-187.01, 19.2-270.5, 19.2-310.4, and 19.2-310.5 of the Code of Virginia are amended and reenacted as follows:
§ 9.1-1104.
Upon the request of any person accused of a crime or upon the request of an accused person's attorney, the Department or the Division of Consolidated Laboratory Services shall furnish to the accused or his attorney the results of any investigation that has been conducted by it and that is related in any way to a crime for which the person is accused.
In any case in which an attorney of record for a person accused of violation of any criminal law of the Commonwealth, or the accused, may desireHadesire a scientific investigation, he shall, by motion filed before the court in which the charge is pen8ing,pending, certify that in good faith he believes that a scientific investigation may be relevant to the criminal charge and that the Department or the Division of Consolidated Laboratory Services has indicated it has a 8harge and methodology to perform the requested scientific investigation.
§ 9.1-1111.
Scientific Advisory Committee;
membership.
a forensic scientist with an advanced degree and having experience in the discipline of forensicpopulation chemistry;genetics;
a scientist with annan advanced degree and having experience in the discipline of forensic biology;chemistry;
a scientist with an advanced degree and having experience in the discipline of forensic biology;
and a member of Members of the CommitteeAmerican initiallySociety appointedof shallCrime serveLaboratory theDirectors. following terms:
Members of the Committee initially appointed shall serve the following terms:
Certificate of analysis as evidence of chain of custody of material described theAtherein. report of analysis duly attested by the person performing such analysis or examination in any laboratory operated by (i) the Division of Consolidated Laboratory Services, the Department of Forensic of 3 Science or any of its regional laboratories, or by any laboratory authorized by such Division or Department to conduct such analysis or examination;
A report of analysis duly attested by the person performing such analysis or examination in any laboratory operated by (i) the Division of Consolidated Laboratory Services, the Department of Forensic Science or any of its regional laboratories, or by any laboratory authorized by such Division or Department to conduct such analysis or examination;
(iii) the of 3 federal Bureau of Alcohol, Tobacco and Firearms;
It shall be the duty of the Department to receive samples of human biological evidence and to analyze, classify, and file the results of DNA identification characteristics profiles of samples of human of 3 biological evidence submitted pursuant to § 19.2-310.2 or 19.2-310.2:1 and to make such information available as provided in this section.
The results of an analysis and comparison of evidence suEmittedsubmitted to the Department pursuant to § 9.1-1101 to the identification characteristics of human biological evidence so analyzed, classified, and filed shall be made available directly to duly authorized members of federal, state, and local law-enforcement agencies or private police departments that have been designatRddesignated as of 3 criminal justice agencies by the Department of Criminal Justice Services as defined by § 9.1-101, attorneys for the Commonwealth or attorneys for the United States Department of Justice, or theOOfficethe Office of the Chief Medical Examiner upon request made in furtherance of an official investigation or prosecution of any criminal offense, or to an accused or his attorney pursuant to § 9.1-1104.
The Department shall confirm whether or not there is a DNA profile on file for a specific individuaLindividual if a federal, state, or local law-enforcement officer or any federal, state, or local criminal justice agency that participates in the National DNA Index System requests that information in furtherance of an ofEicialncyofficial that investigation of any criminal offense.
The name of the requestor and the purpose for which the information is reqB.requested shall be maintained on file with the Department.
B.
H C.
The Department shall create a separate statistical data base database comprised of DNA pr8filesprofiles orof §samples 19.2-310.6of shallhuman prohibitbiological theevidence Departmentof frompersons sharingwhose oridentity otherwiseis disseminatingunknown. the inforEation in the statistical data base database with law-enforcement or criminal justice agencies within or without the Commonwealth.
Nothing in this section or § 19.2-310.6 shall prohibit the Department from sharing or otherwise disseminating the information in the statistical data base database with law-enforcement or criminal justice agencies within or without the Commonwealth.
View plain text versions (5)
- CHAP0210 View text Current pdf March 28, 2024
- HB898ER View text pdf March 25, 2024
- Committee Substitute Committee substitute printed 24108586D-S1 pdf February 28, 2024
- Committee Substitute Committee substitute printed 24106590D-H1 pdf February 02, 2024
- Prefiled Prefiled and ordered printed; offered 01/10/24 24102140D pdf January 09, 2024
Action History
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Impact statement from DPB (HB898ER)
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Acts of Assembly Chapter text (CHAP0210)
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Approved by Governor-Chapter 210 (effective 7/1/24)
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Governor's Action Deadline 11:59 p.m., April 8, 2024
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Enrolled Bill communicated to Governor on March 27, 2024
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Signed by Speaker
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Signed by President
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Bill text as passed House and Senate (HB898ER)
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Enrolled
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VOTE: Adoption (99-Y 1-N)
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Senate substitute agreed to by House 24108586D-S1 (99-Y 1-N)
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Passed Senate with substitute (39-Y 0-N)
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Engrossed by Senate - committee substitute HB898S1
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Committee substitute agreed to 24108586D-S1
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Reading of substitute waived
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Read third time
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Constitutional reading dispensed (40-Y 0-N)
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Impact statement from DPB (HB898S1)
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Reported from Courts of Justice with substitute (15-Y 0-N)
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Committee substitute printed 24108586D-S1
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Referred to Committee for Courts of Justice
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Constitutional reading dispensed
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VOTE: Block Vote Passage (98-Y 0-N)
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Read third time and passed House BLOCK VOTE (98-Y 0-N)
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Impact statement from DPB (HB898H1)
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Engrossed by House - committee substitute HB898H1
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Committee substitute agreed to 24106590D-H1
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Read second time
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Read first time
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Committee substitute printed 24106590D-H1
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Reported from Courts of Justice with substitute (21-Y 0-N)
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House committee, floor amendments and substitutes offered
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Subcommittee recommends reporting with substitute (8-Y 0-N)
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Assigned Courts sub: Criminal
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Impact statement from DPB (HB898)
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Referred to Committee for Courts of Justice
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Prefiled and ordered printed; offered 01/10/24 24102140D
Sponsors
- Hillary Pugh Kent · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 1 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 98 | 1 | 0 | 0 |
| Total | 98 | 1 | 0 | 0 |
| % of votes cast | 99% | 1% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Yea |
| Christopher T. Head | — | Yea |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Emily M. Jordan | — | Yea |
| Glen H. Sturtevant, Jr. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| McGuire, John J., III | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Russet Perry | — | Not Voting |
| Ryan T. McDougle | — | Yea |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Subramanyam, Suhas | — | Yea |
| T. Travis Hackworth | — | Yea |
| Tammy Brankley Mulchi | — | Yea |
| Tara A. Durant | — | Yea |
| Timmy French | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Yea |
| Christopher T. Head | — | Yea |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Emily M. Jordan | — | Yea |
| Glen H. Sturtevant, Jr. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| McGuire, John J., III | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Subramanyam, Suhas | — | Yea |
| T. Travis Hackworth | — | Yea |
| Tammy Brankley Mulchi | — | Yea |
| Tara A. Durant | — | Yea |
| Timmy French | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Carroll Foy, Jennifer D. | — | Yea |
| Emily M. Jordan | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saddam Azlan Salim | — | Yea |
| Scott A. Surovell | — | Yea |
| Subramanyam, Suhas | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 97 | 0 | 0 | 2 |
| Total | 97 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 0 | 0 | 1 |
| Total | 21 | 0 | 0 | 1 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Arnold, Jonathan, E. P. | — | Yea |
| Atoosa R. Reaser | — | Yea |
| Batten, Amanda E. | — | Yea |
| Cordoza, A.C. | — | Yea |
| Earley, Mark L., Jr. | — | Yea |
| James A. "Jay" Leftwich | — | Not Voting |
| Jason S. Ballard | — | Yea |
| Joshua E. Thomas | — | Yea |
| Karen Keys-Gamarra | — | Yea |
| Karrie K. Delaney | — | Yea |
| Katrina Callsen | — | Yea |
| Maldonado, Michelle Lopes | — | Yea |
| Marcus B. Simon | — | Yea |
| Obenshain, Chris | — | Yea |
| Patrick A. Hope | — | Yea |
| Phil M. Hernandez | — | Yea |
| Rae Cousins | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Vivian E. Watts | — | Yea |
| Will Davis | — | Yea |
| Wren M. Williams | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 1 |
| Total | 8 | 0 | 0 | 1 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Batten, Amanda E. | — | Yea |
| Cordoza, A.C. | — | Yea |
| Karrie K. Delaney | — | Yea |
| Katrina Callsen | — | Yea |
| Patrick A. Hope | — | Not Voting |
| Phil M. Hernandez | — | Yea |
| Rae Cousins | — | Yea |
| Vivian E. Watts | — | Yea |
| Wren M. Williams | — | Yea |
Subjects
Frequently asked questions
- What does HB 898 do?
- Department of Forensic Science; laboratory procedures; requirements regarding DNA profiles. Provides that when an accused person or his attorney files a motion for a scientific investigation, he must certify that the Department of Forensic Science or Division of Consolidated Laboratory Services has indicated it has a methodology to perform the requested scientific investigation. The bill also clarifies that the signature of a person who received material to be analyzed by a laboratory on an evidence submission receipt shall be deemed prima facie evidence that such person was an authorized agent and that such receipt constitutes proper receipt by the laboratory. The bill also provides that such signature on a request for laboratory examination form or evidence submission receipt may be made by hand or electronic means. The bill also removes the requirement that a party intending to offer the results of a deoxyribonucleic (DNA) analysis provide or make available copies of the DNA profiles but retains the requirement that such party provide or make available copies of the report or statement to be introduced. Additionally, the bill requires the Department to confirm whether or not there is a DNA profile on file for a specific individual if a federal, state, or local criminal justice agency that participates in the National DNA Index System requests that information in furtherance of an official investigation of any criminal offense. The bill contains technical amendments.
- Who sponsors HB 898?
- HB 898 is sponsored by Hillary Pugh Kent.
- What is the current status of HB 898?
- This bill has been enacted into law. Introduced January 09, 2024. Enacted.
- Where can I track HB 898?
- Track HB 898 free on One Click Politics — get push/email alerts when it moves.
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