Virginia 2024 Regular Session Status: Enacted

HB 898 — Forensic Science, Department of; laboratory procedures, requirements regarding DNA profiles.

Last action — Impact statement from DPB (HB898ER)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

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 chance

Based 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

Likely to advance 70% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • 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 removed

Plain-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.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E 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 N procedures;
VIRGINIA ACTS OF ASSEMBLY -- 2024 SESSION CHAPTER 210 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 19.2-310.5 of the Code of Virginia, relating to Department of Forensic Science;
requirements regarding DNA profiles.Department of Forensic Science;
laboratory procedures;
laboratory R O [H 898] L Approved L Be it enacted by the General Assembly of Virginia:
requirements regarding DNA profiles.
E 1.
[H 898] Approved March 28, 2024 Be it enacted by the General Assembly of Virginia:
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 Df Vir§ 9.1-1104.
1.
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.
Upon the request of any person accused of a crime or upon the request of an accused person's 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 desireHa scientific investigation, he shall, by motion filed before the court in which the charge is pen8ing, certify that the Department or the Division of Consolidated Laboratory Services has indicated it has a 8harge and methodology to perform the requested scientific investigation.
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 desire a scientific investigation, he shall, by motion filed before the court in which the charge is 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 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 forensic chemistry;
a forensic scientist with an advanced degree and having experience in the discipline of population genetics;
a scientist with ann advanced degree and having experience in the discipline of forensic biology;
a scientist with an advanced degree and having experience in the discipline of forensic chemistry;
a scientist with an advanced degree and having experience in the discipline of forensic biology;
and a member of Members of the Committee initially appointed shall serve the following terms:
and a member of the American Society of Crime Laboratory Directors.
Members of the Committee initially appointed shall serve the following terms:
Certificate of analysis as evidence of chain of custody of material described theA 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;
Certificate of analysis as evidence of chain of custody of material described therein.
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 federal Bureau of Alcohol, Tobacco and Firearms;
(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.
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 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 suEmitted 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 designatRd as attorneys for the Commonwealth or attorneys for the United States Department of Justice, or theOOffice 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 results of an analysis and comparison of evidence submitted 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 designated 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 the 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 individuaL if a participates in the National DNA Index System requests that information in furtherance of an ofEicialncy that investigation of any criminal offense.
The Department shall confirm whether or not there is a DNA profile on file for a specific individual 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 official investigation of any criminal offense.
The name of the requestor and the purpose for which the information is reqB.
The name of the requestor and the purpose for which the information is requested shall be maintained on file with the Department.
B.
H C.
C.
The Department shall create a separate statistical data base database comprised of DNA pr8files or § 19.2-310.6 shall prohibit the Department from sharing or otherwise disseminating the inforEation in the statistical data base database with law-enforcement or criminal justice agencies within or without the Commonwealth.
The Department shall create a separate statistical data base database comprised of DNA profiles of samples of human biological evidence of persons whose identity is unknown.
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)

Action History

  1. Impact statement from DPB (HB898ER)

  2. Acts of Assembly Chapter text (CHAP0210)

  3. Approved by Governor-Chapter 210 (effective 7/1/24)

  4. Governor's Action Deadline 11:59 p.m., April 8, 2024

  5. Enrolled Bill communicated to Governor on March 27, 2024

  6. Signed by Speaker

  7. Signed by President

  8. Bill text as passed House and Senate (HB898ER)

  9. Enrolled

  10. VOTE: Adoption (99-Y 1-N)

  11. Senate substitute agreed to by House 24108586D-S1 (99-Y 1-N)

  12. Passed Senate with substitute (39-Y 0-N)

  13. Engrossed by Senate - committee substitute HB898S1

  14. Committee substitute agreed to 24108586D-S1

  15. Reading of substitute waived

  16. Read third time

  17. Constitutional reading dispensed (40-Y 0-N)

  18. Impact statement from DPB (HB898S1)

  19. Reported from Courts of Justice with substitute (15-Y 0-N)

  20. Committee substitute printed 24108586D-S1

  21. Referred to Committee for Courts of Justice

  22. Constitutional reading dispensed

  23. VOTE: Block Vote Passage (98-Y 0-N)

  24. Read third time and passed House BLOCK VOTE (98-Y 0-N)

  25. Impact statement from DPB (HB898H1)

  26. Engrossed by House - committee substitute HB898H1

  27. Committee substitute agreed to 24106590D-H1

  28. Read second time

  29. Read first time

  30. Committee substitute printed 24106590D-H1

  31. Reported from Courts of Justice with substitute (21-Y 0-N)

  32. House committee, floor amendments and substitutes offered

  33. Subcommittee recommends reporting with substitute (8-Y 0-N)

  34. Assigned Courts sub: Criminal

  35. Impact statement from DPB (HB898)

  36. Referred to Committee for Courts of Justice

  37. Prefiled and ordered printed; offered 01/10/24 24102140D

Sponsors

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

VOTE: Adoption (99-Y 1-N)

Passed 98 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 98100
Total 98100
% of votes cast 99%1%0%0%
How each member voted (99)
Member Party Vote
Adele Y. McClure — Yea
Alex Q. Askew — Yea
Alfonso H. Lopez — Yea
Amy J. Laufer — Yea
Anne Ferrell Tata — Yea
Arnold, Jonathan, E. P. — Yea
Atoosa R. Reaser — Yea
Batten, Amanda E. — Yea
Betsy B. Carr — Yea
Bill Wiley — Yea
Bonita G. Anthony — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Yea
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Yea
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
David A. Reid — Yea
Debra D. Gardner — Yea
Delores L. McQuinn — Yea
Delores Oates — Yea
Earley, Mark L., Jr. — Yea
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Yea
Ennis, N. Baxter — Yea
Eric Phillips — Yea
Eric R. Zehr — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gilbert, C. Todd — Yea
Green, W. Chad — Yea
H. Otto Wachsmann, Jr. — Yea
Higgins, Geary — Yea
Holly M. Seibold — Yea
Irene Shin — Yea
Israel D. O'Quinn — Yea
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jason S. Ballard — Yea
Jeion A. Ward — Yea
Joseph P. McNamara — Yea
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Karen Keys-Gamarra — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Katrina Callsen — Yea
Kent, Hillary Pugh — Yea
Knight, Barry D. — Yea
Laura Jane Cohen — Yea
LeVere Bolling, Destiny — Yea
Lovejoy, Ian T. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
Marty Martinez — Yea
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Yea
Mike A. Cherry — Yea
Milde, Paul V. — Yea
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Yea
Orrock, Robert D., Sr. — Yea
Owen, David — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Yea
R. Lee Ware — Yea
Rae Cousins — Yea
Richard C. "Rip" Sullivan, Jr. — Nay
Robert S. Bloxom, Jr. — Yea
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Yea
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Timothy P. Griffin — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Wendell S. Walker — Yea
Will Davis — Yea
Wren M. Williams — Yea

Official roll call →

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 39001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)

Official roll call →

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)

Official roll call →

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)

Official roll call →

Passed 97 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 97002
Total 97002
% of votes cast 98%0%0%2%
How each member voted (99)
Member Party Vote
Adele Y. McClure — Yea
Alex Q. Askew — Yea
Alfonso H. Lopez — Yea
Amy J. Laufer — Yea
Anne Ferrell Tata — Yea
Arnold, Jonathan, E. P. — Yea
Atoosa R. Reaser — Yea
Batten, Amanda E. — Yea
Betsy B. Carr — Yea
Bill Wiley — Yea
Bonita G. Anthony — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Yea
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Yea
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
David A. Reid — Yea
Debra D. Gardner — Yea
Delores L. McQuinn — Yea
Delores Oates — Yea
Earley, Mark L., Jr. — Yea
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Not Voting
Ennis, N. Baxter — Yea
Eric Phillips — Yea
Eric R. Zehr — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gilbert, C. Todd — Yea
Green, W. Chad — Yea
H. Otto Wachsmann, Jr. — Yea
Higgins, Geary — Yea
Holly M. Seibold — Yea
Irene Shin — Yea
Israel D. O'Quinn — Yea
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jason S. Ballard — Yea
Jeion A. Ward — Yea
Joseph P. McNamara — Yea
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Karen Keys-Gamarra — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Katrina Callsen — Yea
Kent, Hillary Pugh — Yea
Knight, Barry D. — Yea
Laura Jane Cohen — Yea
LeVere Bolling, Destiny — Yea
Lovejoy, Ian T. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
Marty Martinez — Yea
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Yea
Mike A. Cherry — Yea
Milde, Paul V. — Yea
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Yea
Orrock, Robert D., Sr. — Yea
Owen, David — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Yea
R. Lee Ware — Not Voting
Rae Cousins — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Yea
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Timothy P. Griffin — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Wendell S. Walker — Yea
Will Davis — Yea
Wren M. Williams — Yea

Official roll call →

Passed 21 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 21001
Total 21001
% of votes cast 95%0%0%5%
How each member voted (22)

Official roll call →

Subjects

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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?
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