CHAPTER 60

REGULATIONS FOR OBTAINING INFORMATION FROM THE VIRGINIA DNA DATA BANK AND PROCEDURES FOR VERIFICATION AND AUTHORIZATION OF PERSONS REQUESTING INFORMATION FROM THE DNA DATA BANK.

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.

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

"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 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 sample is obtained.

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

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

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.

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

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

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

A.  All requests must be in writing and addressed to the data bank supervisor.  Request 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 a department employee.

            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 requestor's agency name and address.

            3.  The identity of 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 same department employee at 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.

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

Requests may be made:

            A.  Via Facsimile: (804) 786-9985.

            B.  Via United States Mail: 700 North Fifth Street, Richmond, Virginia 23219.

            C.  In Person at:  700 North Fifth Street, Richmond, Virginia 23219.

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

Access to the 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 whose access is a necessary function of their jobs.

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 which 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.