-
REGULATIONS
Vol. 28 Iss. 21 - June 18, 2012TITLE 6. CRIMINAL JUSTICE AND CORRECTIONSFORENSIC SCIENCE BOARDChapter 60Final RegulationTitle of Regulation: 6VAC40-60. DNA Data Bank Regulations (adding 6VAC40-60-10 through 6VAC40-60-60).
Statutory Authority: §§ 9.1-1110 and 19.2-310.5 of the Code of Virginia.
Effective Date: July 16, 2012.
Agency Contact: Stephanie Merritt, Department Counsel, Department of Forensic Science, 700 North Fifth Street, Richmond, VA 23219, telephone (804) 786-6848, FAX (804) 786-6857, or email stephanie.merritt@dfs.virginia.gov.
Summary:
Pursuant to § 19.2-310.5 of the Code of Virginia, the regulation establishes the methods for obtaining information from the Virginia DNA data bank and procedures for verifying the identity and authority of persons requesting information from the Virginia DNA data bank.
The regulations (i) allow police departments, the Department of Corrections (DOC), the Department of Juvenile Justice (DJJ), attorneys for the Commonwealth or the United States Department of Justice, and the Office of the Chief Medical Examiner to gain access to information in the Virginia DNA data bank in connection with the submission of physical evidence for forensic laboratory examination; (ii) specify how law-enforcement officers may submit a request for information; (iii) mandate that information provided to DOC and DJJ be transmitted through a secure electronic exchange; (iv) specify that out-of-state requests for information relating to the Virginia DNA data bank be made in writing to the Virginia CODIS administrator by an out-of-state CODIS administrator; and (v) note that § 9.1-1104 of the Code of Virginia governs requests for data bank information made by the accused or his attorney.
Amendments since publication of the proposed (i) add electronic submission as an acceptable means of delivery for a written request for information and (ii) remove references to the department's Request for Laboratory Examination form, Evidence Handling and Laboratory Capabilities Guide, and CODIS Operating Policies and Procedures Manual.
Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.
CHAPTER 60
DNA DATA BANK REGULATIONS6VAC40-60-10. 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.
"Law-enforcement agency" means any federal, state, or local government law-enforcement organization.
[
"RFLE" means Request for Laboratory Examination, an official form provided by the department.]"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, 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 commercial mail delivery service, [ electronic transmission, ] 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 subsection A of this section and certify his 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 (i) affirm in writing, below the signature of the requesting officer, that the officer's identification was verified; (ii) record the officer's badge number; and (iii) 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 duly authorized member of a law-enforcement agency or private police department designated as a criminal justice agency by the Department of Criminal Justice Services as defined in § 9.1-101 of the Code of Virginia, attorneys for the Commonwealth, attorneys for the United States Department of Justice, or a duly authorized member of the Office of the Chief Medical Examiner 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 [ a form supplied by ] the [
department's Request for Laboratory Examination (RFLE) formdepartment ]. [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 of human biological evidence shall be in writing, addressed to the department's DNA data bank administrator, and signed by the requestor.
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, assigned or claimed 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 requestor's agency and sent to the department's central laboratory at 700 North Fifth Street, Richmond, Virginia 23219, via United States mail or 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 requestor's agency, the requestor shall reduce the request to writing consistent with subsection A of this section and certify his authority to request such information. Thereupon, the identity of the requestor shall be verified by department personnel by inspection of the requestor's agency identification card. Department personnel shall (i) affirm in writing, below the signature of the requestor, that the requestor's identification was verified; (ii) record the requestor's agency identification number if applicable; and (iii) 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 to the procedures established in the CODIS Operating Policies and Procedures Manual, which is available online at the department's websitein writing to the Virginia CODIS administrator by the out-of-state CODIS administrator or their designee ].6VAC40-60-50. Provision of DNA data bank information to the Virginia Department of Corrections and the 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 that 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.
[
FORMS (6VAC40-60)Virginia Department of Forensic Science Request for Laboratory Examination, 100-F100 (eff. 8/08).DOCUMENTS INCORPORATED BY REFERENCE (6VAC40-60)VA.R. Doc. No. R10-2425; Filed May 24, 2012, 4:09 p.m.
