SB 658

  • Virginia Senate Bill
  • 2022 Regular Session
  • Introduced in Senate Jan 19, 2022
  • Passed Senate Feb 10, 2022
  • Passed House Feb 24, 2022
  • Signed by Governor Apr 11, 2022

Physical evidence recovery kits; victim's right to notification, storage.

Abstract

Physical evidence recovery kits; victim's right to notification; storage. Provides that for a physical evidence recovery kit that (i) 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, (ii) was determined by the law-enforcement agency not to be connected to a criminal offense, or (iii) is connected to an offense that occurred outside of the Commonwealth or another law-enforcement agency has taken over responsibility of the investigation and such kit is not transferred to another law-enforcement agency, 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. The bill provides that 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. The bill also provides that 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, unless one of the other exceptions for submitting such kit to the Department of Forensic Science 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 of Forensic Science within 60 days of receipt from the original receiving law-enforcement agency. The bill also requires the law-enforcement agency to inform the victim, parent, guardian, or next of kin of the unique identification number assigned to the physical evidence recovery kit utilized by the health care provider and the personal identification number required to view the status of the physical evidence recovery kit and provide information regarding the Physical Evidence Recovery Kit Tracking System, unless disclosing this information would interfere with the investigation or prosecution of the offense, in which case the victim, parent, guardian, or next of kin shall be informed of the estimated date on which the information may be disclosed, if known. This bill is identical to HB 719.

Physical evidence recovery kits; victim's right to notification; storage. Provides that for a physical evidence recovery kit that (i) 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, (ii) was determined by the law-enforcement agency not to be connected to a criminal offense, or (iii) is connected to an offense that occurred outside of the Commonwealth or another law-enforcement agency has taken over responsibility of the investigation and such kit is not transferred to another law-enforcement agency, 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. The bill provides that 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. The bill also provides that 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, unless one of the other exceptions for submitting such kit to the Department of Forensic Science 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 of Forensic Science within 60 days of receipt from the original receiving law-enforcement agency. The bill also requires the law-enforcement agency to inform the victim, parent, guardian, or next of kin of the unique identification number assigned to the physical evidence recovery kit utilized by the health care provider and the personal identification number required to view the status of the physical evidence recovery kit and provide information regarding the Physical Evidence Recovery Kit Tracking System, unless disclosing this information would interfere with the investigation or prosecution of the offense, in which case the victim, parent, guardian, or next of kin shall be informed of the estimated date on which the information may be disclosed, if known.

Physical evidence recovery kits; victim's right to notification; storage. Provides that for a physical evidence recovery kit that (i) 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, (ii) was determined by the law-enforcement agency not to be connected to a criminal offense, or (iii) is connected to an offense that occurred outside of the Commonwealth or another law-enforcement agency has taken over responsibility of the investigation and such kit is not transferred to another law-enforcement agency, 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. The bill provides that 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. The bill also requires the law-enforcement agency to inform the victim, parent, guardian, or next of kin of the unique identification number assigned to the physical evidence recovery kit utilized by the health care provider and provide information regarding the Physical Evidence Recovery Kit Tracking System, unless disclosing this information would interfere with the investigation or prosecution of the offense, in which case the victim, parent, guardian, or next of kin shall be informed of the estimated date on which the information may be disclosed, if known.

Bill Sponsors (1)

Votes


Actions


Apr 11, 2022

Office of the Governor

Approved by Governor-Chapter 454 (effective 7/1/22)

Mar 11, 2022

Senate

Enrolled Bill Communicated to Governor on March 11, 2022

Office of the Governor

Governor's Action Deadline 11:59 p.m., April 11, 2022

Mar 03, 2022

Senate

Signed by President

Senate

Impact statement from DPB (SB658ER)

Mar 02, 2022

Senate

Enrolled

House

Signed by Speaker

Feb 28, 2022

Senate

House amendment agreed to by Senate (40-Y 0-N)

Feb 24, 2022

House

VOTE: Block Vote Passage (99-Y 0-N)

House

Passed House with amendment BLOCK VOTE (99-Y 0-N)

House

Engrossed by House as amended

House

Committee amendment agreed to

House

Read third time

Feb 23, 2022

House

Read second time

Feb 21, 2022

House

House committee, floor amendments and substitutes offered

House

Placed on Calendar

House

Read first time

House

Referred to Committee for Courts of Justice

House

Reported from Courts of Justice with amendment(s) (20-Y 0-N)

Feb 10, 2022

Senate

Read third time and passed Senate (40-Y 0-N)

Feb 09, 2022

Senate

Engrossed by Senate - committee substitute SB658S1

Senate

Committee substitute agreed to 22105508D-S1

Senate

Reading of substitute waived

Senate

Read second time

Feb 08, 2022

Senate

Impact statement from DPB (SB658S1)

Senate

Constitutional reading dispensed (40-Y 0-N)

Feb 07, 2022

Senate

Senate committee, floor amendments and substitutes offered

Senate

Committee substitute printed 22105508D-S1

Senate

Reported from Judiciary with substitute (14-Y 0-N)

Feb 04, 2022

Senate

Impact statement from DPB (SB658)

Jan 19, 2022

Senate

Referred to Committee on the Judiciary

Senate

Presented and ordered printed 22104324D

Bill Text

Bill Text Versions Format
Presented and ordered printed 22104324D PDF HTML
Committee substitute printed 22105508D-S1 PDF HTML
SB658ER PDF HTML
CHAP0454 PDF HTML

Related Documents

Document Format
Fiscal Impact Statement: SB658FER122.PDF PDF
Fiscal Impact Statement: SB658FS1122.PDF PDF
Fiscal Impact Statement: SB658F122.PDF PDF
Amendment: SB658AHE HTML
Amendment: SB658AH HTML

Sources

Data on Open States is updated periodically throughout the day from the official website of the Virginia General Assembly.

If you notice any inconsistencies with these official sources, feel free to file an issue.