Part I. Definitions and General Provisions
6VAC40-40-10. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Arrestee" means a person arrested for a qualifying offense under § 19.2-310.2:1 of the Code of Virginia.
"Buccal sample" means a sample taken by swabbing the cheek inside an arrestee's mouth.
"Buccal sample kit" means a kit specified by the department for the collection of buccal cell samples.
"CCRE" means the Central Criminal Records Exchange operated by the Virginia State Police.
"Clerk" means the clerk of court of any general district, juvenile and domestic relations or circuit court in the Commonwealth, and includes deputy clerks.
"Data bank" means the database of DNA profiles from biological samples maintained by the department for convicted offenders and arrestees.
"Department" means the Department of Forensic Science.
"DNA" means deoxyribonucleic acid.
"DNA analysis" means analysis conducted on saliva or tissue samples to obtain a genetic profile of identification characteristics.
"DNA data bank sample tracking system" means an application that can be queried to determine whether an arrestee has a sample in the data bank.
"DNA sample" means a biological sample taken for DNA analysis.
"Document control number" means the number that is pre-printed on the fingerprint card (CCRE arrest forms SP179 and SP180) or assigned by Live-Scan.
"Qualifying offense" means an offense requiring a saliva or tissue sample to be taken upon arrest as described in § 19.2-310.2:1 of the Code of Virginia.
Statutory Authority
§ 9.1-1110 of the Code of Virginia.
Historical Notes
Formerly 6VAC20-210-10 derived from Virginia Register Volume 20, Issue 23, eff. August 26, 2004; amended and renumbered as 6VAC40-40-10, Virginia Register Volume 22, Issue 10, eff. February 22, 2006; Volume 39, Issue 4, eff. November 9, 2022.
6VAC40-40-20. Substantial compliance.
These regulations and the procedures set forth herein relating to the taking, handling and identification of saliva or tissue samples, and the completion or filing of any form or record prescribed by these regulations, are procedural in nature and not substantive. Substantial compliance therewith shall be deemed sufficient.
Statutory Authority
§ 9.1-1110 of the Code of Virginia.
Historical Notes
Formerly 6VAC20-210-20 derived from Virginia Register Volume 20, Issue 23, eff. August 26, 2004; amended and renumbered as 6VAC40-40-20, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.