CHAPTER 60

DNA DATA BANK REGULATIONS

6VAC40-60-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"CODIS" means the Combined DNA Index System.

"Department" means the Virginia Department of Forensic Science.

"DNA" means deoxyribonucleic acid.

"DNA data bank" means the Virginia State DNA Index System (SDIS) maintained by the department, which is a database of DNA profiles associated with the corresponding personally identifying information.

"DNA profile" means the results of DNA analysis of a sample of human biological evidence.

"RFLE" means Request for Laboratory Examination, an official form provided by the department.

"Law enforcement agency" means any federal, state, or local government law enforcement organization.

"Subject" means the individual from whom a sample of human biological evidence has been obtained.

6VAC40-60-20. Request for information from a law enforcement officer regarding whether an individual's DNA profile is in the DNA data bank.

A. A request for information regarding whether an individual's DNA profile is in the DNA data bank shall be in writing, addressed to the department's DNA data bank administrator, and signed by the requesting law enforcement officer.

1. The request shall contain as much of the following information as is available to the requestor at the time of the request: the individual's full name, known aliases, assigned or claimed social security number(s), date of birth, race, gender and state identification number.

2. The request shall state that the information is being obtained in furtherance of an official investigation of a specified criminal offense that occurred within the jurisdiction of the requesting law enforcement agency.

B. The written request shall be on the official letterhead of the requesting officer's law enforcement agency and sent to the department's central laboratory at 700 North Fifth Street, Richmond, Virginia 23219 via United States mail or other commercial mail delivery service, or by facsimile.

C. In the alternative, the request may be made in person at the department's central laboratory at 700 North Fifth Street, Richmond, Virginia 23219.  If not presented on the official letterhead of the requesting officer's law enforcement agency, the requesting officer shall reduce the request to writing consistent with paragraph A of this regulation and certify his/her authority to request such information. Thereupon, the identity of the requestor shall be verified by department personnel by inspection of the requestor's identification card and badge number. Department personnel shall affirm in writing, below the signature of the requesting officer, that the officer's identification was verified, record the officer's badge number, sign and date such verification.

6VAC40-60-30. Request for DNA data bank information relating to specific Virginia forensic laboratory examinations involving the analysis and comparison of two or more samples.

A. A law enforcement officer may obtain information from the DNA data bank in connection with the submission of physical evidence for forensic laboratory examination. A request for such laboratory examination shall be submitted in writing on the department's RFLE. The RFLE and any related physical evidence shall be submitted pursuant to the procedures established in the department's Evidence Handling & Laboratory Capabilities Guide, which is available online at the department's website.

B. A request from an accused or his attorney shall be governed by the provisions of §9.1-1104 of the Code of Virginia.

C. A request for information from the DNA data bank concerning the results of an analysis and comparison of the identification characteristics from two or more samples of human biological evidence shall be in writing, addressed to the department's DNA data bank administrator, and signed by the requesting law enforcement officer.

1. The request shall contain as much of the following information as is available to the requestor at the time of the request: the subject's full name, known aliases, social security number, date of birth, race, gender and state identification number.

2. The request shall state that the information is being obtained in furtherance of an official investigation of a specified criminal offense that occurred within the jurisdiction of the requesting law enforcement agency.

3. The written request shall be on the official letterhead of the requesting officer's law enforcement agency and sent to the department's central laboratory at 700 North Fifth Street, Richmond, Virginia 23219 via United States mail or other commercial mail delivery service, or by facsimile.

4. In the alternative, the request may be made in person at the department's central laboratory at 700 North Fifth Street, Richmond, Virginia 23219. If not presented on the official letterhead of the requesting officer's law enforcement agency, the requesting officer shall reduce the request to writing consistent with paragraph A of this regulation and certify his/her authority to request such information. Thereupon, the identity of the requestor shall be verified by department personnel by inspection of the requestor's identification card and badge number. Department personnel shall affirm in writing, below the signature of the requesting officer, that the officer's identification was verified, record the officer's badge number, sign and date such verification.

6VAC40-60-40. Requests for DNA data bank information relating to out-of-state forensic laboratory examination.

Requests for DNA data bank information relating to out-of-state forensic laboratory examinations shall be submitted pursuant the procedures established in CODIS Operating Policies and Procedures Manual, which is available online at the department's website.

6VAC40-60-50. Provision of DNA data bank information to the Virginia Department of Corrections and Department of Juvenile Justice.

Any information from the DNA data bank provided to a duly authorized representative of the Department of Corrections pursuant to §19.2-310.2 of the Code of Virginia or to the Department of Juvenile Justice pursuant to §16.1-299.1 of the Code of Virginia shall be by a secure electronic exchange of data.

6VAC40-60-60. Department employee access to the DNA data bank.

The department shall maintain a list of employee positions which require regular access to the DNA data bank and samples submitted as a necessary function of the job. This list shall be available online at the department's website.