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Virginia Regulatory Town Hall

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Amendments to Conform Regulations with Chapters 41 and 42 of the ...
Stage: Final
 
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 felons 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 sample" means a biological sample taken for DNA analysis.

"DNA data bank sample tracking applicationsystem" means an application that can be queried to determine whether an arrestee has a sample in the data bank.

"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.

"LIDS" means the Local Inmate Data System administered by the State Compensation Board.

"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.

6VAC40-40-30 Qualifying offense warrants

All warrants for qualifying offenses shall contain the following language: "Take buccal sample if LIDS DNA Data Bank Sample Tracking System shows no DNA sample in Data Bank."

6VAC40-40-40 Use of LIDSDNA Data Bank Sample Tracking System

An Internet accessible DNA data bank sample tracking application system developed by the State Compensation Board through LIDS department shall be accessible through the State Compensation Board's website at www.scb.virginia.gov. Access to the DNA sample tracking application shall be located under the website's "Restricted Access" section used to determine if a DNA sample already exists in the data bank. User identifications and passwords Access to the system shall be assigned granted by the department to all law-enforcement user agencies responsible for taking saliva or tissue samples from arrestees.

6VAC40-40-50 Screening for duplicates

Prior to taking the saliva or tissue sample, the LIDS DNA data bank sample tracking application system, or any such other DNA sample tracking application approved by the department and permitted by the Code of Virginia, 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 application system indicates that a sample previously has been taken from the arrestee already exists in the data bank, no additional sample shall be taken. If the DNA data bank sample tracking application 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.