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Virginia Administrative Code
11/21/2024

Part III. DNA Data Bank Sample Tracking System

6VAC40-40-40. Use of  DNA data bank sample tracking system.

An Internet accessible DNA data bank sample tracking system developed by the department shall be used to determine if a DNA sample already exists in the data bank. Access to the system shall be granted by the department to all user agencies responsible for taking saliva or tissue samples from arrestees.

Statutory Authority

§ 9.1-1110 of the Code of Virginia.

Historical Notes

Formerly 6VAC20-210-40 derived from Virginia Register Volume 20, Issue 23, eff. August 26, 2004; amended and renumbered as 6VAC40-40-40, Virginia Register Volume 22, Issue 10, eff. February 22, 2006; Volume 29, Issue 19, eff. June 20, 2013; Volume 39, Issue 4, eff. November 9, 2022.

6VAC40-40-50. Screening for duplicates.

Prior to taking the saliva or tissue sample, the DNA data bank sample tracking system shall be queried to determine if there is a DNA sample already in the data bank for the arrestee. If the DNA data bank sample tracking system indicates that a sample already exists in the data bank, no additional sample shall be taken. If the DNA data bank sample tracking system indicates no sample has been taken from the arrestee, a saliva or tissue sample shall be taken in accordance with the procedures outlined in this chapter.

Statutory Authority

§ 9.1-1110 of the Code of Virginia.

Historical Notes

Formerly 6VAC20-210-50 derived from Virginia Register Volume 20, Issue 23, eff. August 26, 2004; amended and renumbered as 6VAC40-40-50, Virginia Register Volume 22, Issue 10, eff. February 22, 2006; Volume 39, Issue 4, eff. November 9, 2022.

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