Virginia § 19.2-310.3:1 - Procedures for taking saliva or tissue sample for DNA analysis
Full text of Virginia Code of Virginia § 19.2-310.3:1 — Procedures for taking saliva or tissue sample for DNA analysis, with citation guidance and answers to common questions.
§ 19.2-310.3:1. Procedures for taking saliva or tissue sample for DNA analysis
A. Each sample required pursuant to § 19.2-310.2:1 from persons arrested shall be taken before release from custody at such place as is designated by the law-enforcement agency responsible for arrest booking in the jurisdiction. Samples shall be taken in accordance with procedures adopted by the Department of Forensic Science. The sample shall be sealed and secured to prevent tampering with the contents and be accompanied by a copy of the arrest warrant or capias. The agency submitting the sample shall provide information pertaining to the sample by (i) logging such information into the Department of Forensic Science DNA data bank sample tracking system at the time of collection or (ii) submitting such information to the Department of Forensic Science along with the sample. The steps herein set forth relating to the taking, handling, identification, and disposition of saliva or tissue samples are procedural and not substantive. The sample shall be mailed or transported to the Department of Forensic Science not more than 15 days following withdrawal and shall be analyzed and stored in the DNA data bank in accordance with §§ 19.2-310.4 and 19.2-310.5.
B. Substantial compliance therewith shall be deemed to be sufficient. If a sample from the individual is stored in the data bank as indicated by the Department of Forensic Science DNA data bank sample tracking system, no additional sample shall be taken. No civil liability shall attach to any person authorized to take saliva or tissue as provided herein as a result of the act of taking saliva or tissue from any person submitting thereto, provided the saliva or tissue was taken according to recognized medical procedures. However, no person shall be relieved from liability for negligence in the taking of any saliva or tissue sample.
2002, cc. 753, 773; 2003, c. 150; 2005, cc. 868, 881; 2022, cc. 41, 42.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 19.2-310.3:1
What does Code of Virginia § 19.2-310.3:1 cover?
Section 19.2-310.3:1 ("Procedures for taking saliva or tissue sample for DNA analysis") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 19.2-310.3:1?
A common citation format is "Code of Virginia § 19.2-310.3:1" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 19.2-310.3:1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.