SB 658 Virginia Senate · 2022 Regular Session

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

Summary
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.
Bill status signed all 5 stages cleared
Introduction
Jan 2022
Committee Review
Feb 2022
Senate Passage
Feb 2022
House of Delegates Passage
Feb 2022
Signed into Law
Apr 2022
Introduced Jan 19, 2022 Signed Apr 11, 2022
Floor votes · Senate Feb 10, 2022 · House of Delegates Feb 24, 2022

How they voted

330
Passed
Total votes 33
Feb 10, 2022
D Democratic17
17 Yea
100% Yea
R Republican16
16 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
32
Key actions
10
Committee
9
Amendments
2
Apr 11, 2022
Signed into law
Approved by Governor-Chapter 454 (effective 7/1/22)
executive
Feb 28, 2022
Introduced
House amendment agreed to by Senate (40-Y 0-N)
upper
Feb 24, 2022
Lower · Passed
Passed House with amendment BLOCK VOTE (99-Y 0-N)
lower
Feb 24, 2022
Introduced
Engrossed by House as amended
lower
Feb 24, 2022
Lower · Passed
Committee amendment agreed to
lower
Feb 21, 2022
Lower · Passed
Reported from Courts of Justice with amendment(s) (20-Y 0-N)
lower
Feb 21, 2022
Lower · Passed
House committee, floor amendments and substitutes offered
lower
Feb 21, 2022
Committee
Referred to Committee for Courts of Justice
lower
Feb 10, 2022
Upper · Passed
Read third time and passed Senate (40-Y 0-N)
upper
Feb 9, 2022
Upper · Passed
Engrossed by Senate - committee substitute SB658S1
upper
Feb 9, 2022
Upper · Passed
Committee substitute agreed to 22105508D-S1
upper
Feb 7, 2022
Upper · Passed
Reported from Judiciary with substitute (14-Y 0-N)
upper
Feb 7, 2022
Upper · Passed
Senate committee, floor amendments and substitutes offered
upper
Jan 19, 2022
Committee
Referred to Committee on the Judiciary
upper
Jan 19, 2022
Introduced
Presented and ordered printed 22104324D
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
JL
Jennifer L McClellan
DDemocratic
VA
9