{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/19.2-11.8.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/19.2-11.8.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/19.2-11.8.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/19.2-11.8.html"}],"law_id":351238,"edition_id":2,"section_id":351238,"structure_id":50231,"section_number":"19.2-11.8","catch_line":"Submission of physical evidence recovery kits and trace evidence collection kits to the Department","history":"2016, cc. 332, 698; 2017, c. 535; 2018, c. 398; 2022, cc. 453, 454; 2023, c. 312.","full_text":"A\n\nA law-enforcement agency that receives a physical evidence recovery kit shall submit the physical evidence recovery kit to the Department for analysis within 60 days of receipt, except under the following circumstances: (i) it is an anonymous physical evidence recovery kit that shall be forwarded to the Division for storage; (ii) the physical evidence recovery kit was collected by the Office of the Chief Medical Examiner as part of a routine death investigation, and the medical examiner and the law-enforcement agency agree that analysis is not warranted; (iii) the physical evidence recovery kit is connected to an offense that occurred outside of the Commonwealth; (iv) the physical evidence recovery kit was determined by the law-enforcement agency not to be connected to a criminal offense; or (v) another law-enforcement agency has taken over responsibility for the investigation related to the physical evidence recovery kit. When a state or local law-enforcement agency located within the Commonwealth has taken over responsibility for the investigation related to the physical evidence recovery kit as provided in clause (v), unless one of the exceptions in clause (i) through (iv) also applies, the physical evidence recovery kit shall be transferred to such law-enforcement agency and such law-enforcement agency shall submit the physical evidence recovery kit to the Department within 60 days of receipt from the original receiving law-enforcement agency.\n\nB\n\nUpon completion of analysis, the Department shall return the physical evidence recovery kit to the submitting law-enforcement agency. Upon receipt of the physical evidence recovery kit from the Department, the law-enforcement agency shall store the physical evidence recovery kit for a period of 10 years or until 10 years after the victim reaches the age of majority if the victim was a minor at the time of collection, whichever is longer. The law-enforcement agency shall store the physical evidence recovery kit for a period of 10 years following the receipt of a written objection to the destruction of the kit from the victim. After the mandatory retention period or any additional 10-year storage period has lapsed, the law-enforcement agency shall, unless the victim has made a written request not to be contacted for this purpose, make a reasonable effort to notify the victim of the intended destruction of the physical evidence recovery kit no less than 60 days prior to the intended date of such destruction. In the absence of a response from the victim, or with the consent of the victim, the law-enforcement agency may destroy the physical evidence recovery kit or, in its discretion, may elect to retain the physical evidence recovery kit for a longer period of time.\n\nC\n\nFor physical evidence recovery kits that meet the exceptions in clause (ii) or (iv) of subsection A or that meet the exception in clause (iii) and (v) of subsection A that are not transferred to the law-enforcement agency outside of the Commonwealth in which the offense occurred or to the law-enforcement agency that has taken over responsibility for the investigation related to the physical evidence recovery kit, the law-enforcement agency that received the physical evidence recovery kit shall store such kit for a period of 10 years or until 10 years after the victim reaches the age of majority if the victim was a minor at the time of collection, whichever is longer. After the mandatory retention period, the law-enforcement agency may destroy the physical evidence recovery kit or, in its discretion, may elect to retain the physical evidence recovery kit for a longer period of time.\n\nD\n\nA law-enforcement agency that receives a trace evidence collection kit may submit it to the Department for analysis in its discretion to support a prosecution.\n\nE\n\nThe DNA profiles developed from physical evidence recovery kits or trace evidence collection kits submitted to the Department for analysis pursuant to this section shall be uploaded into any local, state, or national DNA data bank only if eligible as determined by Department procedures and in accordance with state and federal law.\n\n","order_by":null,"text":{"0":{"id":1307995,"text":"A law-enforcement agency that receives a physical evidence recovery kit shall submit the physical evidence recovery kit to the Department for analysis within 60 days of receipt, except under the following circumstances: (i) it is an anonymous physical evidence recovery kit that shall be forwarded to the Division for storage; (ii) the physical evidence recovery kit was collected by the Office of the Chief Medical Examiner as part of a routine death investigation, and the medical examiner and the law-enforcement agency agree that analysis is not warranted; (iii) the physical evidence recovery kit is connected to an offense that occurred outside of the Commonwealth; (iv) the physical evidence recovery kit was determined by the law-enforcement agency not to be connected to a criminal offense; or (v) another law-enforcement agency has taken over responsibility for the investigation related to the physical evidence recovery kit. When a state or local law-enforcement agency located within the Commonwealth has taken over responsibility for the investigation related to the physical evidence recovery kit as provided in clause (v), unless one of the exceptions in clause (i) through (iv) also applies, the physical evidence recovery kit shall be transferred to such law-enforcement agency and such law-enforcement agency shall submit the physical evidence recovery kit to the Department within 60 days of receipt from the original receiving law-enforcement agency.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1307996,"text":"Upon completion of analysis, the Department shall return the physical evidence recovery kit to the submitting law-enforcement agency. Upon receipt of the physical evidence recovery kit from the Department, the law-enforcement agency shall store the physical evidence recovery kit for a period of 10 years or until 10 years after the victim reaches the age of majority if the victim was a minor at the time of collection, whichever is longer. The law-enforcement agency shall store the physical evidence recovery kit for a period of 10 years following the receipt of a written objection to the destruction of the kit from the victim. After the mandatory retention period or any additional 10-year storage period has lapsed, the law-enforcement agency shall, unless the victim has made a written request not to be contacted for this purpose, make a reasonable effort to notify the victim of the intended destruction of the physical evidence recovery kit no less than 60 days prior to the intended date of such destruction. In the absence of a response from the victim, or with the consent of the victim, the law-enforcement agency may destroy the physical evidence recovery kit or, in its discretion, may elect to retain the physical evidence recovery kit for a longer period of time.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1307997,"text":"For physical evidence recovery kits that meet the exceptions in clause (ii) or (iv) of subsection A or that meet the exception in clause (iii) and (v) of subsection A that are not transferred to the law-enforcement agency outside of the Commonwealth in which the offense occurred or to the law-enforcement agency that has taken over responsibility for the investigation related to the physical evidence recovery kit, the law-enforcement agency that received the physical evidence recovery kit shall store such kit for a period of 10 years or until 10 years after the victim reaches the age of majority if the victim was a minor at the time of collection, whichever is longer. After the mandatory retention period, the law-enforcement agency may destroy the physical evidence recovery kit or, in its discretion, may elect to retain the physical evidence recovery kit for a longer period of time.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1307998,"text":"A law-enforcement agency that receives a trace evidence collection kit may submit it to the Department for analysis in its discretion to support a prosecution.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":1307999,"text":"The DNA profiles developed from physical evidence recovery kits or trace evidence collection kits submitted to the Department for analysis pursuant to this section shall be uploaded into any local, state, or national DNA data bank only if eligible as determined by Department procedures and in accordance with state and federal law.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":50231,"edition_id":2,"name":"Physical Evidence Recovery Kits","identifier":"1.2","label":"chapter","depth":2,"order_by":3,"parent_id":50226,"metadata":{"child_laws":10,"child_structures":0},"date_created":"2026-08-02 02:25:08","date_modified":"2026-08-02 12:30:31","permalink":{"id":1395273,"object_type":"structure","relational_id":50231,"identifier":"1.2","token":"19.2\/1.2","url":"\/19.2\/1.2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50226,"edition_id":2,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":54,"parent_id":null,"metadata":{"child_laws":771,"child_structures":99},"date_created":"2026-08-02 02:25:04","date_modified":"2026-08-02 12:30:30","permalink":{"id":1395171,"object_type":"structure","relational_id":50226,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":351226,"structure_id":50231,"section_number":"19.2-11.10","catch_line":"Expungement of DNA profile","url":"\/19.2-11.10\/","token":"19.2\/1.2\/19.2-11.10","metadata":false},{"id":351227,"structure_id":50231,"section_number":"19.2-11.11","catch_line":"Victim's right to notification of scientific analysis information","url":"\/19.2-11.11\/","token":"19.2\/1.2\/19.2-11.11","metadata":false},{"id":351228,"structure_id":50231,"section_number":"19.2-11.12","catch_line":"Costs of physical evidence recovery kits and trace evidence collection kits","url":"\/19.2-11.12\/","token":"19.2\/1.2\/19.2-11.12","metadata":false},{"id":351229,"structure_id":50231,"section_number":"19.2-11.13","catch_line":"Physical Evidence Recovery Kit Tracking System","url":"\/19.2-11.13\/","token":"19.2\/1.2\/19.2-11.13","metadata":false},{"id":351234,"structure_id":50231,"section_number":"19.2-11.5","catch_line":"Definitions","url":"\/19.2-11.5\/","token":"19.2\/1.2\/19.2-11.5","metadata":false},{"id":351235,"structure_id":50231,"section_number":"19.2-11.6","catch_line":"Anonymous physical evidence recovery kits and anonymous trace evidence collection kits","url":"\/19.2-11.6\/","token":"19.2\/1.2\/19.2-11.6","metadata":false},{"id":351236,"structure_id":50231,"section_number":"19.2-11.6:1","catch_line":"Telehealth sexual assault forensic examinations; admissibility of physical evidence recovery kit","url":"\/19.2-11.6_1\/","token":"19.2\/1.2\/19.2-11.6_1","metadata":false},{"id":351237,"structure_id":50231,"section_number":"19.2-11.7","catch_line":"Law enforcement taking possession of physical evidence recovery kits and trace evidence collection kits","url":"\/19.2-11.7\/","token":"19.2\/1.2\/19.2-11.7","metadata":false},{"id":351238,"structure_id":50231,"section_number":"19.2-11.8","catch_line":"Submission of physical evidence recovery kits and trace evidence collection kits to the Department","url":"\/19.2-11.8\/","token":"19.2\/1.2\/19.2-11.8","metadata":false},{"id":351239,"structure_id":50231,"section_number":"19.2-11.9","catch_line":"Lack of compliance with procedures","url":"\/19.2-11.9\/","token":"19.2\/1.2\/19.2-11.9","metadata":false}],"previous_section":{"id":351237,"structure_id":50231,"section_number":"19.2-11.7","catch_line":"Law enforcement taking possession of physical evidence recovery kits and trace evidence collection kits","url":"\/19.2-11.7\/","token":"19.2\/1.2\/19.2-11.7","metadata":false},"next_section":{"id":351239,"structure_id":50231,"section_number":"19.2-11.9","catch_line":"Lack of compliance with procedures","url":"\/19.2-11.9\/","token":"19.2\/1.2\/19.2-11.9","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-11.8\/","history_text":"

This law was first created in 2016. The record of its establishment is cataloged in chapters 332<\/a> and 698<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2017, chapter 535<\/a>; in 2018, chapter 398<\/a>; in 2022, chapters 453<\/a> and 454<\/a>; in 2023, chapter 312<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1395307,"object_type":"law","relational_id":351238,"identifier":"19.2-11.8","token":"19.2\/1.2\/19.2-11.8","url":"\/19.2-11.8\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/19.2-11.8\/","token":"19.2\/1.2\/19.2-11.8","dublin_core":{"Title":"Submission of physical evidence recovery kits and trace evidence collection kits to the Department","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-11.8","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A law<\/span>-enforcement agency<\/span> that receives a physical evidence recovery kit<\/span> shall submit the physical evidence recovery kit<\/span> to the Department<\/span> for analysis within 60 days of receipt, except under the following circumstances: (i) it is an anonymous physical evidence recovery kit<\/span> that shall be forwarded to the Division<\/span> for storage; (ii) the physical evidence recovery kit<\/span> was collected by the Office of the Chief Medical Examiner as part of a routine death investigation, and the medical examiner and the law<\/span>-enforcement agency<\/span> agree that analysis is not warranted; (iii) the physical evidence recovery kit<\/span> is connected to an offense<\/span> that occurred outside of the Commonwealth; (iv) the physical evidence recovery kit<\/span> was determined by the law<\/span>-enforcement agency<\/span> not to be connected to a criminal offense<\/span>; or (v) another law<\/span>-enforcement agency<\/span> has taken over responsibility for the investigation related to the physical evidence recovery kit<\/span>. When a state or local law<\/span>-enforcement agency<\/span> located within the Commonwealth has taken over responsibility for the investigation related to the physical evidence recovery kit<\/span> as provided in clause (v), unless one of the exceptions in clause (i) through (iv) also applies, the physical evidence recovery kit<\/span> shall be transferred to such law<\/span>-enforcement agency<\/span> and such law<\/span>-enforcement agency<\/span> shall submit the physical evidence recovery kit<\/span> to the Department<\/span> within 60 days of receipt from the original receiving law<\/span>-enforcement agency<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon completion of analysis, the Department<\/span> shall return the physical evidence recovery kit<\/span> to the submitting law<\/span>-enforcement agency<\/span>. Upon receipt of the physical evidence recovery kit<\/span> from the Department<\/span>, the law<\/span>-enforcement agency<\/span> shall store the physical evidence recovery kit<\/span> for a period of 10 years or until 10 years after the victim reaches the age of majority if the victim was a minor<\/span> at the time of collection, whichever is longer. The law<\/span>-enforcement agency<\/span> shall store the physical evidence recovery kit<\/span> for a period of 10 years following the receipt of a written objection to the destruction of the kit from the victim. After the mandatory retention period or any additional 10-year storage period has lapsed, the law<\/span>-enforcement agency<\/span> shall, unless the victim has made a written request not to be contacted for this purpose, make a reasonable effort to notify the victim of the intended destruction of the physical evidence recovery kit<\/span> no less than 60 days prior to the intended date of such destruction. In the absence of a response from the victim, or with the consent of the victim, the law<\/span>-enforcement agency<\/span> may destroy the physical evidence recovery kit<\/span> or, in its discretion, may elect to retain the physical evidence recovery kit<\/span> for a longer period of time. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For physical evidence recovery kits<\/span> that meet the exceptions in clause (ii) or (iv) of subsection A or that meet the exception in clause (iii) and (v) of subsection A that are not transferred to the law<\/span>-enforcement agency<\/span> outside of the Commonwealth in which the offense<\/span> occurred or to the law<\/span>-enforcement agency<\/span> that has taken over responsibility for the investigation related to the physical evidence recovery kit<\/span>, the law<\/span>-enforcement agency<\/span> that received the physical evidence recovery kit<\/span> shall store such kit for a period of 10 years or until 10 years after the victim reaches the age of majority if the victim was a minor<\/span> at the time of collection, whichever is longer. After the mandatory retention period, the law<\/span>-enforcement agency<\/span> may destroy the physical evidence recovery kit<\/span> or, in its discretion, may elect to retain the physical evidence recovery kit<\/span> for a longer period of time. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A law<\/span>-enforcement agency<\/span> that receives a trace evidence collection kit<\/span> may submit it to the Department<\/span> for analysis in its discretion to support a prosecution<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The DNA profiles developed from physical evidence recovery kits<\/span> or trace evidence collection kits<\/span> submitted to the Department<\/span> for analysis pursuant to this section shall be uploaded into any local, state, or national DNA data bank only if eligible as determined by Department<\/span> procedures and in accordance with state and federal law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSUBMISSION OF PHYSICAL EVIDENCE RECOVERY KITS AND TRACE EVIDENCE COLLECTION KITS\nTO THE DEPARTMENT (\u00a7 19.2-11.8)\n\nA. A law-enforcement agency that receives a physical evidence recovery kit shall\nsubmit the physical evidence recovery kit to the Department for analysis within\n60 days of receipt, except under the following circumstances: (i) it is an\nanonymous physical evidence recovery kit that shall be forwarded to the Division\nfor storage; (ii) the physical evidence recovery kit was collected by the Office\nof the Chief Medical Examiner as part of a routine death investigation, and the\nmedical examiner and the law-enforcement agency agree that analysis is not\nwarranted; (iii) the physical evidence recovery kit is connected to an offense\nthat occurred outside of the Commonwealth; (iv) the physical evidence recovery\nkit was determined by the law-enforcement agency not to be connected to a\ncriminal offense; or (v) another law-enforcement agency has taken over\nresponsibility for the investigation related to the physical evidence recovery\nkit. When a state or local law-enforcement agency located within the\nCommonwealth has taken over responsibility for the investigation related to the\nphysical evidence recovery kit as provided in clause (v), unless one of the\nexceptions in clause (i) through (iv) also applies, the physical evidence\nrecovery kit shall be transferred to such law-enforcement agency and such\nlaw-enforcement agency shall submit the physical evidence recovery kit to the\nDepartment within 60 days of receipt from the original receiving law-enforcement\nagency.\n\nB. Upon completion of analysis, the Department shall return the physical\nevidence recovery kit to the submitting law-enforcement agency. Upon receipt of\nthe physical evidence recovery kit from the Department, the law-enforcement\nagency shall store the physical evidence recovery kit for a period of 10 years\nor until 10 years after the victim reaches the age of majority if the victim was\na minor at the time of collection, whichever is longer. The law-enforcement\nagency shall store the physical evidence recovery kit for a period of 10 years\nfollowing the receipt of a written objection to the destruction of the kit from\nthe victim. After the mandatory retention period or any additional 10-year\nstorage period has lapsed, the law-enforcement agency shall, unless the victim\nhas made a written request not to be contacted for this purpose, make a\nreasonable effort to notify the victim of the intended destruction of the\nphysical evidence recovery kit no less than 60 days prior to the intended date\nof such destruction. In the absence of a response from the victim, or with the\nconsent of the victim, the law-enforcement agency may destroy the physical\nevidence recovery kit or, in its discretion, may elect to retain the physical\nevidence recovery kit for a longer period of time.\n\nC. For physical evidence recovery kits that meet the exceptions in clause (ii)\nor (iv) of subsection A or that meet the exception in clause (iii) and (v) of\nsubsection A that are not transferred to the law-enforcement agency outside of\nthe Commonwealth in which the offense occurred or to the law-enforcement agency\nthat has taken over responsibility for the investigation related to the physical\nevidence recovery kit, the law-enforcement agency that received the physical\nevidence recovery kit shall store such kit for a period of 10 years or until 10\nyears after the victim reaches the age of majority if the victim was a minor at\nthe time of collection, whichever is longer. After the mandatory retention\nperiod, the law-enforcement agency may destroy the physical evidence recovery\nkit or, in its discretion, may elect to retain the physical evidence recovery\nkit for a longer period of time.\n\nD. A law-enforcement agency that receives a trace evidence collection kit may\nsubmit it to the Department for analysis in its discretion to support a\nprosecution.\n\nE. The DNA profiles developed from physical evidence recovery kits or trace\nevidence collection kits submitted to the Department for analysis pursuant to\nthis section shall be uploaded into any local, state, or national DNA data bank\nonly if eligible as determined by Department procedures and in accordance with\nstate and federal law.\n\nHISTORY: 2016, cc. 332, 698; 2017, c. 535; 2018, c. 398; 2022, cc. 453, 454;\n2023, c. 312.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}