CHAPTER 60
DNA DATA BANK REGULATIONS

6VAC40-60-10. Definitions.

The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:

"Agency" means any federal, state or local government law-enforcement organization in the Commonwealth.

"Department" means the Department of Forensic Science.

"DNA" means Deoxyribonucleic acid.

"DNA analysis" means analysis conducted on blood, saliva or tissue samples to obtain a genetic profile of identification characteristics.

"DNA data bank" means the Department of Forensic Science database of DNA profiles and/or the corresponding identifying information.

"DNA profile" means the results of forensic DNA analysis of a bodily substance.

"Sample" means a biological sample taken for DNA analysis.

"Subject" means the individual from whom the profile is obtained.

Statutory Authority

§ of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

6VAC40-60-20. Persons authorized to obtain information regarding whether or not an individuals DNA profile is in the DNA data bank.

Any written request for any information from the DNA data bank shall come from a federal, state or local law-enforcement officer whose request is made in furtherance of an official criminal investigation of any criminal offense.

Statutory Authority

§ of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

6VAC40-60-30. Person(s) to whom a request for information from the DNA data bank may be addressed.

The written request must be addressed to the DNA data bank supervisor at the Department of Forensic Science and be signed by the requestor.

Statutory Authority

§ of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

6VAC40-60-40. Contents of a request for information from the DNA data bank.

Any written request for information from the DNA data bank must contain the most complete identifying information available for the subject: full name, social security number, date of birth, race, sex, State identification number. The request must specify that the information is being obtained in the course of an official investigation of any criminal offense.

Statutory Authority

§ of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

6VAC40-60-50. Form of the request.

A. All requests must be in writing and addressed to the DNA data bank supervisor. Requests should be on official letterhead and signed by the requesting official.

B. Any request made in person will be reduced to writing and verified by department personnel.

1. If the request is made in person, it must be reduced to writing on a plain piece of white paper and signed by the requesting official.

2. The plain white piece of paper must include the requestor's agency name and address.

3. The identity of the requestor must be verified by department personnel with verification of the requestor's identification card and badge number.

4. Once verification is made, the plain white piece of paper must also be signed by the same department employee on the bottom of the paper with the language "Identification verified by viewing requestor's identification card - badge #" written near the signature and signed by department personnel.

Statutory Authority

§ of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

6VAC40-60-60. Where to make request.

Requests may be made:

1. Via facsimile: (804) 786-9985.

2. Via United States Mail: 700 North Fifth Street, Richmond, VA 23219.

3. In Person at: 700 North Fifth Street, Richmond, VA 23219.

Statutory Authority

§ of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

6VAC40-60-70. Security of the DNA data bank.

Access to the DNA data bank computers and samples is restricted. The computers are password protected and the samples are stored physically in a locked room within the Virginia Department of Forensic Science Central Laboratory. Access is limited to these individuals within the Department whose access is a necessary function of their jobs.

Statutory Authority

§ of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

6VAC40-60-80. Publishing employee access levels to the DNA data bank.

The Department of Forensic Science shall periodically publish in the Virginia Register of Regulations a list of positions that have access to the DNA data bank as a necessary function of their jobs. The list shall also include the level of access that the position will have. Such list shall be published forthwith after any addition or deletion of any position to or from the approved list.

Statutory Authority

§ of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.