Title 19.2. Criminal Procedure
Chapter 1.2. Physical Evidence Recovery Kits and Trace Evidence Collection Kits
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§ 19.2-11.9. (Effective until July 1, 2025) Lack of compliance with procedures.
The failure of a law-enforcement agency to take possession of a physical evidence recovery kit as provided in this chapter or to submit a physical evidence recovery kit to the Department within the time period prescribed under this chapter does not alter the authority of the law-enforcement agency to take possession of the physical evidence recovery kit or to submit the physical evidence recovery kit to the Department under this chapter or the authority of the Department to accept and analyze the physical evidence recovery kit or to maintain or upload any developed DNA profiles from the physical evidence recovery kit into any local, state, or national DNA data bank if eligible as determined by Department procedures and in accordance with state and federal law.
A person accused or convicted of committing a crime against a sexual assault victim has no standing to object to any failure to comply with the requirements of this chapter, and the failure to comply with the requirements of this chapter is not grounds for challenging the admissibility of the evidence or setting aside the conviction or sentence.
§ 19.2-11.9. (Effective July 1, 2025) Lack of compliance with procedures.
The failure of a law-enforcement agency to take possession of a physical evidence recovery kit or trace evidence collection kit as provided in this chapter or to submit a physical evidence recovery kit or trace evidence collection kit to the Department within the time period prescribed under this chapter does not alter the authority of the law-enforcement agency to take possession of the physical evidence recovery kit or trace evidence collection kit or to submit the physical evidence recovery kit or trace evidence collection kit to the Department under this chapter or the authority of the Department to accept and analyze the physical evidence recovery kit or trace evidence collection kit or to maintain or upload any developed DNA profiles from the physical evidence recovery kit or trace evidence collection kit into any local, state, or national DNA data bank if eligible as determined by Department procedures and in accordance with state and federal law.
A person accused or convicted of committing a crime against a sexual assault victim or strangulation victim has no standing to object to any failure to comply with the requirements of this chapter, and the failure to comply with the requirements of this chapter is not grounds for challenging the admissibility of the evidence or setting aside the conviction or sentence.
