Title 19.2. Criminal Procedure
Chapter 1.2. Physical Evidence Recovery Kits and Trace Evidence Collection Kits
This section has more than one version with varying effective dates. Scroll down to see all versions.
§ 19.2-11.6. (Effective until July 1, 2025) Anonymous physical evidence recovery kits.
A. When a victim of sexual assault who undergoes a forensic medical examination elects not to report the offense to law enforcement, the health care provider shall inform the victim that the physical evidence recovery kit shall be forwarded to the Division for storage as an anonymous physical evidence recovery kit. The health care provider shall further inform the victim of the length of time the anonymous physical evidence recovery kit will be stored by the Division, the victim's right to object to the destruction of the anonymous physical evidence recovery kit, and how the victim can have the anonymous physical evidence recovery kit released to a law-enforcement agency at a later date. The health care provider shall forward the anonymous physical evidence recovery kit to the Division in accordance with the policies and procedures established by the Division.
B. The Division shall store any anonymous physical evidence recovery kit received for a minimum of two years. The Division shall store the anonymous physical evidence recovery kit for an additional period of 10 years following the receipt of a written objection to the destruction of the anonymous physical evidence recovery kit from the victim. After the initial two years or any additional 10-year storage period, the Division, in the absence of the receipt of a written objection from the victim in the most recent 10-year period, may destroy the anonymous physical evidence recovery kit or, in its discretion or upon request of the victim or the law-enforcement agency, may elect to retain the anonymous physical evidence recovery kit for a longer period of time. Upon notification from either the law-enforcement agency or the attorney for the Commonwealth that the victim has elected to report the offense to the law-enforcement agency, the Division shall release the anonymous physical evidence recovery kit to the law-enforcement agency.
§ 19.2-11.6. (Effective July 1, 2025) Anonymous physical evidence recovery kits and anonymous trace evidence collection kits.
A. When a victim of sexual assault or strangulation who undergoes a forensic medical examination elects not to report the offense to law enforcement, the health care provider shall inform the victim that the physical evidence recovery kit or trace evidence collection kit shall be forwarded to the Division for storage as an anonymous physical evidence recovery kit or anonymous trace evidence collection kit. The health care provider shall further inform the victim of the length of time the anonymous physical evidence recovery kit or anonymous trace evidence collection kit will be stored by the Division, the victim's right to object to the destruction of the anonymous physical evidence recovery kit or anonymous trace evidence collection kit, and how the victim can have the anonymous physical evidence recovery kit or anonymous trace evidence collection kit released to a law-enforcement agency at a later date. The health care provider shall forward the anonymous physical evidence recovery kit or anonymous trace evidence collection kit to the Division in accordance with the policies and procedures established by the Division.
B. The Division shall store any anonymous physical evidence recovery kit or anonymous trace evidence collection kit received for a minimum of two years. The Division shall store the anonymous physical evidence recovery kit or anonymous trace evidence collection kit for an additional period of 10 years following the receipt of a written objection to the destruction of the anonymous physical evidence recovery kit or anonymous trace evidence collection kit from the victim. After the initial two years or any additional 10-year storage period, the Division, in the absence of the receipt of a written objection from the victim in the most recent 10-year period, may destroy the anonymous physical evidence recovery kit or anonymous trace evidence collection kit or, in its discretion or upon request of the victim or the law-enforcement agency, may elect to retain the anonymous physical evidence recovery kit or anonymous trace evidence collection kit for a longer period of time. Upon notification from either the law-enforcement agency or the attorney for the Commonwealth that the victim has elected to report the offense to the law-enforcement agency, the Division shall release the anonymous physical evidence recovery kit or anonymous trace evidence collection kit to the law-enforcement agency.
