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Code · Virginia · Title 19.2 · Chapter 16

Code of Virginia § 19.2-270.5. DNA profile admissible in criminal proceeding.

334 words·~2 min read·/va/title-19-2/chapter-16/19-2-270-5·

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In any criminal proceeding, DNA (deoxyribonucleic acid) testing shall be deemed to be a reliable scientific technique and the evidence of a DNA profile comparison may be admitted to prove or disprove the identity of any person. This section shall not otherwise limit the introduction of any relevant evidence bearing upon any question at issue before the court, including the accuracy and reliability of the procedures employed in the collection and analysis of a particular DNA sample. The court shall, regardless of the results of the DNA analysis, if any, consider such other relevant evidence of the identity of the accused as shall be admissible in evidence.
At least 21 days prior to commencement of the proceeding in which the results of a DNA analysis will be offered as evidence, the party intending to offer the evidence shall notify the opposing party, in writing, of the intent to offer the analysis and shall provide or make available copies of the report or statement to be introduced. In the event that such notice is not given, and the person proffers such evidence, then the court may in its discretion either allow the opposing party a continuance or, under appropriate circumstances, bar the person from presenting such evidence.
The period of any such continuance shall not be counted for speedy trial purposes under § 19.2-243 . If the opposing party intends to object to the admissibility of such evidence he shall give written notice of that fact and the basis for his objections at least 10 days prior to commencement of the proceedings.
Nothing in this section shall be construed to limit the ability of the parties to obtain additional writings or documents, including the profiles, used to reach the conclusion in the report pursuant to § 19.2-187.2 , and the opposing party shall be entitled to a continuance of the proceeding if requested to allow for their inspection.
1990, c. 669; 1997, c. 315 ; 2002, cc. 627 , 885 ; 2024, c. 210 .
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