reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 20 - REGULATIONS FOR BREATH ALCOHOL TESTING › Part II - Breath Tests Under sections 18.2-268.9, 29.1-738.2, and 46.2-341.26:9 of the Code of Virginia › Article 4 - Licensing Procedures › Section 6VAC40-20-120 - Licensing procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department shall issue, renew, terminate and revoke licenses for individuals to
					 perform breath alcohol tests on the basis of standards set forth in this
					 chapter.
B. Application for an
					 initial license to perform breath tests shall be made in writing to the
					 department. The applicant shall have the endorsement of the appropriate
					 supervisory law-enforcement officer or designated representative unless an
					 exception is granted by the department.
C. The initial licenses shall be granted to
					 individuals who demonstrate the ability to perform breath tests accurately and
					 reliably in accordance with the methods approved by the department.
D. Only individuals successfully completing a
					 basic course of instruction shall be deemed to have demonstrated competence to
					 qualify for the issuance of an initial license. Further instruction may be
					 required by the department to qualify a licensee to perform tests using
					 additional breath test devices.
E.
					 Licenses shall be limited in scope to those breath test devices on which the
					 individual applying for an initial or renewal license has demonstrated
					 competence.
F. Licenses shall state
					 the date upon which they are to expire, which date shall, in no event, be later
					 than 24 months after the date of issuance. Licenses shall be subject to renewal
					 at expiration or at such time prior to expiration as is convenient for the
					 department on demonstration by the licensee of continuing competency to perform
					 accurate and reliable breath tests. The department may at any time examine
					 licensees to determine such continuing competency. Licenses may be terminated
					 or revoked by the department at any time upon good cause shown.
G. Any individual whose license has expired
					 may renew his license within one year after its expiration date by successfully
					 completing a recertification class and by demonstrating his competence in the
					 performance of breath tests. Any individual (i) who fails the recertification
					 class or (ii) whose license has expired and who does not renew his license
					 within one year after its expiration date may renew his license by again
					 attending and successfully completing the basic course of instruction referred
					 to in subsection D of this section and demonstrating competence in the
					 performance of breath tests as otherwise required.
H. The failure of a licensee to comply with
					 this chapter may be grounds for revocation of such individual's
					 license.
Statutory Authority
§ 9.1-1110 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 20 - REGULATIONS FOR BREATH ALCOHOL TESTING › Part II - Breath Tests Under sections 18.2-268.9, 29.1-738.2, and 46.2-341.26:9 of the Code of Virginia › Article 4 - Licensing Procedures › Section 6VAC40-20-130 - Certificates

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall issue, terminate and revoke
						instructor certificates for individuals to teach breath alcohol testing on the
						basis of the following standards:
1.
					 The instructor certificate shall be granted only to individuals who (i)
					 demonstrate the ability to teach the breath test method or methods approved by
					 the department, (ii) possess a valid breath test license, and (iii)
					 satisfactorily complete a course for Breath Alcohol Instructors. The department
					 may issue instructor certificates to persons who have acquired the knowledge,
					 skills and abilities by past experience or formal education. DFS has the
					 authority to deny issuance of a certificate upon good cause shown.
2. Instructor certificates shall be limited
					 in scope to the breath test devices for which the individual has demonstrated
					 competence.
3. The department may
					 at any time examine instructors to determine continuing ability.
4. Instructor certificates may be terminated
					 or revoked by the department upon good cause shown.
Statutory Authority
§ 9.1-1110 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 20 - REGULATIONS FOR BREATH ALCOHOL TESTING › Part II - Breath Tests Under sections 18.2-268.9, 29.1-738.2, and 46.2-341.26:9 of the Code of Virginia › Article 4 - Licensing Procedures › Section 6VAC40-20-140 - Revocation

Current through Register Vol. 40, No. 24, July 15, 2024
Any revocation of a license or instructor certificate
						shall be by notice sent by registered or certified mail or equivalent delivery
						method from the department to the licensee or instructor.
Statutory Authority: § 9.1-1110 of the Code of
						  Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 20 - REGULATIONS FOR BREATH ALCOHOL TESTING › Part II - Breath Tests Under sections 18.2-268.9, 29.1-738.2, and 46.2-341.26:9 of the Code of Virginia › Article 5 - Forms and Records › Section 6VAC40-20-150 - Records

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall download by modem, at least once
						each month, data from each breath test device assigned to an agency. The
						department shall keep this data on file for at least three
						years.
Statutory Authority
§ 9.1-1110 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 20 - REGULATIONS FOR BREATH ALCOHOL TESTING › Part II - Breath Tests Under sections 18.2-268.9, 29.1-738.2, and 46.2-341.26:9 of the Code of Virginia › Article 5 - Forms and Records › Section 6VAC40-20-160 - Checklist

Current through Register Vol. 40, No. 24, July 15, 2024
Breath test worksheets are provided to an agency by the
						department but may also be accessed and printed from the department's
						website.
Statutory Authority: § 9.1-1110 of the Code of
						  Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 20 - REGULATIONS FOR BREATH ALCOHOL TESTING › Part III - Preliminary Breath Tests Under sections 18.2-267, 29.1-738.1 and 46.2-341.25 of the Code of Virginia › Section 6VAC40-20-170 - Preliminary breath test device

Current through Register Vol. 40, No. 24, July 15, 2024
All preliminary breath tests shall be performed on a
					 preliminary breath test device approved by the department. Such devices shall
					 offer convenience and efficiency in operation as determined by the department
					 and shall also satisfy the requirements of either subdivision 1 or 2 of this
					 section.
1. For instruments having a
				  numeric readout, the device shall have a systematic error not exceeding
				  ±10%.
2. For instruments having a
				  pass/fail, colored light readout, the device shall satisfy the following
				  specifications:
a. When a sample of breath is
				  properly taken from a person with an actual blood alcohol concentration of
				  0.05% or less by weight by volume or 0.05 grams of alcohol per 210 liters of
				  breath, the device shall not indicate a positive result.
b. When a sample of breath is properly taken
				  from a person with an actual blood alcohol concentration of 0.08% or more by
				  weight by volume or 0.08 grams of alcohol per 210 liters of breath, the device
				  shall not indicate a negative result.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 20 - REGULATIONS FOR BREATH ALCOHOL TESTING › Part III - Preliminary Breath Tests Under sections 18.2-267, 29.1-738.1 and 46.2-341.25 of the Code of Virginia › Section 6VAC40-20-180 - List of preliminary devices

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall periodically publish in the Virginia
					 Register of Regulations a list of devices approved for use as preliminary
					 breath test devices. Such list shall be published forthwith after any addition
					 or deletion of any device(s) to or from the department's approval
					 list.
Statutory Authority
§ 9.1-1110 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 20 - REGULATIONS FOR BREATH ALCOHOL TESTING › Part III - Preliminary Breath Tests Under sections 18.2-267, 29.1-738.1 and 46.2-341.25 of the Code of Virginia › Section 6VAC40-20-190 - Operational procedures

Current through Register Vol. 40, No. 24, July 15, 2024
All preliminary breath tests shall be conducted
					 substantially in accordance with the operational procedures set forth in the
					 instruction manual of the manufacturer of the instrument in use except as may
					 be modified by the department.
Statutory Authority
§ 9.1-1110 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 20 - REGULATIONS FOR BREATH ALCOHOL TESTING › Part III - Preliminary Breath Tests Under sections 18.2-267, 29.1-738.1 and 46.2-341.25 of the Code of Virginia › Section 6VAC40-20-200 - Preventive maintenance

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be the responsibility of each agency using
					 preliminary breath test devices to provide preventive maintenance and repairs
					 according to the manufacturer's instructions or procedures except as may be
					 modified by the department.
Statutory Authority
§ 9.1-1110 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 20 - REGULATIONS FOR BREATH ALCOHOL TESTING › Part III - Preliminary Breath Tests Under sections 18.2-267, 29.1-738.1 and 46.2-341.25 of the Code of Virginia › Form - FORMS (6VAC40-20)

Current through Register Vol. 40, No. 24, July 15, 2024
EC/IR
					 II Breath Test Worksheet, DFS Document 250-F115 (eff.
					 10/08)
Statutory Authority: § 9.1-1110 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 30 - REGULATIONS FOR THE APPROVAL OF FIELD TESTS FOR DETECTION OF DRUGS › Part I - Definitions › Section 6VAC40-30-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise:
"Agency" means any federal, state, or local government
					 law-enforcement organization in the Commonwealth.
"Approval authority" means the Director of the Department
					 of Forensic Science or the director's designee.
"Department" means the Department of Forensic
					 Science.
"Drug" means any controlled substance or imitation
					 controlled substance, as defined in §
										18.2-247
					 of the Code of Virginia, or "marijuana" as defined in §§
										4.1-600
					 and
					 18.2-247
					 of the Code of Virginia.
"Field test" means any presumptive chemical test or any
					 presumptive mobile instrument used outside of a forensic laboratory environment
					 to detect the presence of a drug.
"List of approved field tests" means a list of field tests
					 approved by the department for use by law-enforcement agencies in the
					 Commonwealth and periodically published by the department in the Virginia
					 Register of Regulations in accordance with §
										19.2-188.1
					 of the Code of Virginia.
"Manufacturer" means any entity that makes or assembles
					 field tests to be used by any law-enforcement officer or agency in the
					 Commonwealth for the purpose of detecting a drug.
"Manufacturers' instructions and claims" means those
					 testing procedures, requirements, instructions, precautions, and proposed
					 conclusions that are published by the manufacturer and supplied with the field
					 tests.
"Street drug preparations" means any drug or combination of
					 drugs and any other substance that has been encountered or is likely to be
					 encountered by a law-enforcement officer as a purported drug in the
					 Commonwealth.
Statutory Authority: §
												9.1-1110
						of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 30 - REGULATIONS FOR THE APPROVAL OF FIELD TESTS FOR DETECTION OF DRUGS › Part II - Process for Approval of Field Tests › Section 6VAC40-30-20 - Authority for approval

Current through Register Vol. 40, No. 24, July 15, 2024
Section
					 19.2-188.1
					 of the Code of Virginia provides that the Department of Forensic Science shall
					 approve field tests for use by law-enforcement officers to enable them to
					 testify to the results obtained in any preliminary hearing regarding whether
					 any substance, the identify of which is at issue in such hearing, is a
					 controlled substance or imitation controlled substance, as defined in §
										18.2-247
					 of the Code of Virginia, or "marijuana" as defined in §§
										4.1-600
					 and
					 18.2-247
					 of the Code of Virginia.
Statutory Authority: §
												9.1-1110
						of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 30 - REGULATIONS FOR THE APPROVAL OF FIELD TESTS FOR DETECTION OF DRUGS › Part II - Process for Approval of Field Tests › Section 6VAC40-30-30 - Request for evaluation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
				  manufacturer that wishes to submit field tests for evaluation shall submit a
				  written request for evaluation to the department director at the following
				  address:
Director
Department of Forensic Science
700 North Fifth Street
Richmond, VA 23219
B.
				  For presumptive chemical tests, materials sufficient for at least 10 tests
				  shall be supplied for each drug for which the manufacturer requests evaluation.
				  The materials shall include all instructions, precautions, color charts, flow
				  charts, and other accompanying informational materials that are provided with
				  the test and that describe the use and interpretation of the test. The
				  manufacturer shall also include exact specifications as to the chemical
				  composition of all chemical or reagents used in the presumptive chemical tests.
				  These specifications shall include the volume or weight of the chemicals and
				  the nature of their packaging. Safety Data Sheets for each chemical or reagent
				  shall be sufficient for this purpose.
C. For presumptive mobile instruments, two
				  nonsequentially manufactured instruments and supporting materials shall be
				  supplied for each model for which the manufacturer requests evaluation. These
				  materials shall include all instructions, all training materials regarding the
				  use of the instrument by law enforcement, the instrument specifications, a list
				  of compounds in the instrument's library, and any foundational validation
				  studies. If the manufacturer provides training for users of the instruments
				  beyond the written instructional materials, such training shall be made
				  available for the evaluation. The instruments shall be returned to the
				  manufacturer upon completion of the evaluation.
D. The department's evaluation process will
				  require at least 120 days from the receipt of the written request and all
				  needed materials from the manufacturer.
E. The department will use commonly
				  encountered street drug preparations to examine those field tests submitted for
				  evaluation. In order to be approved, the presumptive chemical test must
				  correctly react in a clearly observable fashion to the naked eye and perform in
				  accordance with manufacturers' instructions and claims. In order to be
				  approved, the presumptive mobile instrument must perform in accordance with the
				  manufacturer's instructions and advertised claims and offer convenience and
				  efficiency in operation as determined by the department.
Statutory Authority: §
												9.1-1110
						of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 30 - REGULATIONS FOR THE APPROVAL OF FIELD TESTS FOR DETECTION OF DRUGS › Part II - Process for Approval of Field Tests › Section 6VAC40-30-40 - Notice of decision

Current through Register Vol. 40, No. 24, July 15, 2024
The department will notify each manufacturer in writing of
					 the approval or disapproval of each field test for which evaluation was
					 requested. Should any field test not be approved, the manufacturer may resubmit
					 its request for evaluation of that field test according to the previously
					 outlined procedures. Resubmitted requests for approval shall be accompanied by
					 a detailed explanation of all modifications or changes to the field test, the
					 field test instructions, or the manufacturer's claims since the department's
					 most recent evaluation of the field test.
Statutory Authority: §
												9.1-1110
						of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 30 - REGULATIONS FOR THE APPROVAL OF FIELD TESTS FOR DETECTION OF DRUGS › Part II - Process for Approval of Field Tests › Section 6VAC40-30-50 - Maintenance of approved status

Current through Register Vol. 40, No. 24, July 15, 2024
The department may require that a reevaluation be done as
					 often as annually for routine purposes. If any modifications are made to any
					 approved field test by the manufacturer, other than additions to the compounds
					 in a presumptive mobile instrument's library, the department shall be notified
					 in writing . These modifications shall include any chemical, procedural,
					 instructional, or firmware or software modifications made to the field test.
					 The department may require reevaluation of any approved field test upon
					 receiving notification of any such modifications.
If unreported modifications are discovered by the
					 department, the department may require a reevaluation of the approved field
					 test at any time. The department shall notify the manufacturer in writing of
					 this requirement.
Statutory Authority: §
												9.1-1110
						of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 30 - REGULATIONS FOR THE APPROVAL OF FIELD TESTS FOR DETECTION OF DRUGS › Part II - Process for Approval of Field Tests › Section 6VAC40-30-60 - Publication

Current through Register Vol. 40, No. 24, July 15, 2024
Upon completion of such evaluations and in concurrence with
					 the approval authority, the department will periodically publish a list of
					 approved field tests in the General Notices section of the Virginia Register of
					 Regulations. The department will also periodically publish the list on its
					 website. The department may, in addition, provide copies of its approval list
					 to any agency subject to this chapter. The department may share any information
					 or data developed from this testing with these agencies.
Statutory Authority: § 9.1-1110 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 30 - REGULATIONS FOR THE APPROVAL OF FIELD TESTS FOR DETECTION OF DRUGS › Part II - Process for Approval of Field Tests › Section 6VAC40-30-70 - Liability

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department
				  assumes no liability as to the safety of these field tests , any chemicals
				  contained therein, or the procedures and instructions by which they are
				  used.
B. The department further
				  assumes no responsibility for any incorrect results or interpretations obtained
				  from these field tests.
Statutory Authority: §
												9.1-1110
						of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 30 - REGULATIONS FOR THE APPROVAL OF FIELD TESTS FOR DETECTION OF DRUGS › Part III - Fees › Section 6VAC40-30-80 - Fees

Current through Register Vol. 40, No. 24, July 15, 2024
For presumptive chemical tests, manufacturers shall pay
					 the actual cost of each street drug preparation and will be charged a fee of
					 $50 for each drug for which individual evaluation is requested. For presumptive
					 mobile instruments, manufacturers shall pay the actual cost of each street drug
					 preparation and a fee of $2,500 for each model of the presumptive mobile
					 instrument for which evaluation is requested. The department will review the
					 manufacturer's request and notify the manufacturer in writing of the amount due
					 before the evaluation begins. Manufacturers who wish to withdraw a request for
					 evaluation shall immediately notify the department in writing. The department's
					 assessment of the amount of payment required will be based upon a detailed
					 review of the manufacturer's request, and that amount will be final. The
					 evaluation process will not be initiated before full payment is made to the
					 Treasurer of Virginia.
Statutory Authority: §
												9.1-1110
						of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 40 - REGULATIONS FOR THE IMPLEMENTATION OF THE LAW PERMITTING DNA ANALYSIS UPON ARREST FOR ALL VIOLENT FELONIES AND CERTAIN BURGLARIES › Part I - Definitions and General Provisions › Section 6VAC40-40-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise:
"Arrestee" means a person arrested for a qualifying
					 offense under § 19.2-310.2:1 of the Code of Virginia.
"Buccal sample" means a sample taken by swabbing the cheek
					 inside an arrestee's mouth.
"Buccal sample kit" means a kit specified by the
					 department for the collection of buccal cell samples.
"CCRE" means the Central Criminal Records Exchange
					 operated by the Virginia State Police.
"Clerk" means the clerk of court of any general district,
					 juvenile and domestic relations or circuit court in the Commonwealth, and
					 includes deputy clerks.
"Data bank" means the database of DNA profiles from
					 biological samples maintained by the department for convicted felons offenders
					 and arrestees.
"Department" means the Department of Forensic
					 Science.
"DNA" means deoxyribonucleic acid.
"DNA analysis" means analysis conducted on saliva or
					 tissue samples to obtain a genetic profile of identification
					 characteristics.
"DNA data bank sample tracking system" means an
					 application that can be queried to determine whether an arrestee has a sample
					 in the data bank.
"DNA sample" means a biological sample taken for DNA
					 analysis.
"Document control number" means the number that is
					 pre-printed on the fingerprint card (CCRE arrest forms SP179 and SP180) or
					 assigned by Live-Scan.
"Qualifying offense" means an offense requiring a saliva or
					 tissue sample to be taken upon arrest as described in § 19.2-310.2:1 of the
					 Code of Virginia.
Statutory Authority: § 9.1-1110 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 40 - REGULATIONS FOR THE IMPLEMENTATION OF THE LAW PERMITTING DNA ANALYSIS UPON ARREST FOR ALL VIOLENT FELONIES AND CERTAIN BURGLARIES › Part I - Definitions and General Provisions › Section 6VAC40-40-20 - Substantial compliance

Current through Register Vol. 40, No. 24, July 15, 2024
These regulations and the procedures set forth herein
					 relating to the taking, handling and identification of saliva or tissue
					 samples, and the completion or filing of any form or record prescribed by these
					 regulations, are procedural in nature and not substantive. Substantial
					 compliance therewith shall be deemed sufficient.
Statutory Authority
§ 9.1-1110 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 40 - REGULATIONS FOR THE IMPLEMENTATION OF THE LAW PERMITTING DNA ANALYSIS UPON ARREST FOR ALL VIOLENT FELONIES AND CERTAIN BURGLARIES › Part II - Qualifying Offense Warrants › Section 6VAC40-40-30 - Qualifying offense warrants

Current through Register Vol. 40, No. 24, July 15, 2024
All warrants for qualifying offenses shall contain the
					 following language: "Take buccal sample if DNA data bank sample tracking system
					 shows no DNA sample in Data Bank."
Statutory Authority: § 9.1-1110 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 40 - REGULATIONS FOR THE IMPLEMENTATION OF THE LAW PERMITTING DNA ANALYSIS UPON ARREST FOR ALL VIOLENT FELONIES AND CERTAIN BURGLARIES › Part III - DNA Data Bank Sample Tracking System › Section 6VAC40-40-40 - Use of DNA data bank sample tracking system

Current through Register Vol. 40, No. 24, July 15, 2024
An Internet accessible DNA data bank sample tracking system
					 developed by the department shall be used to determine if a DNA sample already
					 exists in the data bank. Access to the system shall be granted by the
					 department to all user agencies responsible for taking saliva or tissue samples
					 from arrestees.
Statutory Authority: § 9.1-1110 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 40 - REGULATIONS FOR THE IMPLEMENTATION OF THE LAW PERMITTING DNA ANALYSIS UPON ARREST FOR ALL VIOLENT FELONIES AND CERTAIN BURGLARIES › Part III - DNA Data Bank Sample Tracking System › Section 6VAC40-40-50 - Screening for duplicates

Current through Register Vol. 40, No. 24, July 15, 2024
Prior to taking the saliva or tissue sample, the DNA data
					 bank sample tracking system shall be queried to determine if there is a DNA
					 sample already in the data bank for the arrestee. If the DNA data bank sample
					 tracking system indicates that a sample already exists in the data bank, no
					 additional sample shall be taken. If the DNA data bank sample tracking system
					 indicates no sample has been taken from the arrestee, a saliva or tissue sample
					 shall be taken in accordance with the procedures outlined in this
					 chapter.
Statutory Authority: § 9.1-1110 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 40 - REGULATIONS FOR THE IMPLEMENTATION OF THE LAW PERMITTING DNA ANALYSIS UPON ARREST FOR ALL VIOLENT FELONIES AND CERTAIN BURGLARIES › Part IV - Procedures for Taking Saliva or Tissue Sample › Section 6VAC40-40-60 - Collection of samples

Current through Register Vol. 40, No. 24, July 15, 2024
The samples shall be collected during booking by the
					 sheriff's office, police department or regional jail responsible for booking
					 upon arrest.
Statutory Authority
§ 9.1-1110 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 40 - REGULATIONS FOR THE IMPLEMENTATION OF THE LAW PERMITTING DNA ANALYSIS UPON ARREST FOR ALL VIOLENT FELONIES AND CERTAIN BURGLARIES › Part IV - Procedures for Taking Saliva or Tissue Sample › Section 6VAC40-40-70 - Buccal sample kits

Current through Register Vol. 40, No. 24, July 15, 2024
Saliva and tissue samples shall be collected using buccal
					 sample kits specified and distributed by the department. Each buccal sample kit
					 shall contain a submission form, at least one buccal sample collection device
					 and instructions on the procedure for using the device. These instructions
					 shall be followed when collecting the buccal samples.
Statutory Authority
§ 9.1-1110 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 40 - REGULATIONS FOR THE IMPLEMENTATION OF THE LAW PERMITTING DNA ANALYSIS UPON ARREST FOR ALL VIOLENT FELONIES AND CERTAIN BURGLARIES › Part IV - Procedures for Taking Saliva or Tissue Sample › Section 6VAC40-40-80 - When buccal sample kits are unavailable

Current through Register Vol. 40, No. 24, July 15, 2024
In circumstances where a buccal sample kit is unavailable,
					 the department may accept samples collected without using the buccal sample
					 collection devices contained in the buccal sample kits. These samples shall be
					 collected through the use of sterile swabs and satisfy the sealing and labeling
					 requirements of
					 6VAC40-40-90.
Statutory Authority
§ 9.1-1110 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 40 - REGULATIONS FOR THE IMPLEMENTATION OF THE LAW PERMITTING DNA ANALYSIS UPON ARREST FOR ALL VIOLENT FELONIES AND CERTAIN BURGLARIES › Part IV - Procedures for Taking Saliva or Tissue Sample › Section 6VAC40-40-90 - Sealing and labeling samples

Current through Register Vol. 40, No. 24, July 15, 2024
All saliva and tissue samples collected shall be placed in
					 sealed, tamper-resistant containers. Samples shall be submitted with the
					 following identifying information: the arrestee's name, social security number,
					 date of birth, race and gender; the name of the person collecting the samples;
					 the date and place of collection; information identifying the arresting or
					 accompanying officer; the qualifying offense; and the document control number
					 (DCN).
Statutory Authority
§ 9.1-1110 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 40 - REGULATIONS FOR THE IMPLEMENTATION OF THE LAW PERMITTING DNA ANALYSIS UPON ARREST FOR ALL VIOLENT FELONIES AND CERTAIN BURGLARIES › Part IV - Procedures for Taking Saliva or Tissue Sample › Section 6VAC40-40-100 - Transportation of samples to the department

Current through Register Vol. 40, No. 24, July 15, 2024
Samples shall be transported to the department in sealed
					 containers not more than 15 days following collection. A copy of the arrest
					 warrant or capias shall be included with the sample when it is transported to
					 the department. Samples may be hand delivered or mailed to the
					 department.
Statutory Authority
§ 9.1-1110 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 40 - REGULATIONS FOR THE IMPLEMENTATION OF THE LAW PERMITTING DNA ANALYSIS UPON ARREST FOR ALL VIOLENT FELONIES AND CERTAIN BURGLARIES › Part V - Notification of Final Disposition › Section 6VAC40-40-110 - Notification of final disposition

Current through Register Vol. 40, No. 24, July 15, 2024
Timely submission of the final disposition of a qualifying
					 offense to CCRE by the clerk shall satisfy the requirement that the clerk
					 notify the department of final disposition of the criminal proceedings under §
					 19.2-310.2:1 of the Code of Virginia.
Statutory Authority
§ 9.1-1110 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 50 - REGULATIONS FOR THE APPROVAL OF MARIJUANA FIELD TESTS FOR DETECTION OF MARIJUANA PLANT MATERIAL › Part I - Definitions › Section 6VAC40-50-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise:
"Agency" means any federal, state or local government
					 law-enforcement organization in the Commonwealth.
"Approval authority" means the Director of the Department
					 of Forensic Science or his designee.
"Department" means the Department of Forensic
					 Science.
"List of approved marijuana field tests" means a list of
					 Duquenois-Levine field tests approved by the department for use by
					 law-enforcement agencies in the Commonwealth and periodically published by the
					 department in the Virginia Register of Regulations in accordance with §
					 19.2-188.1 of the Code of Virginia.
"Manufacturer" means any entity that makes or assembles
					 marijuana field tests or marijuana field test kits to be used by any
					 law-enforcement officer or agency in the Commonwealth for the purpose of
					 detecting marijuana plant material.
"Manufacturer's instructions and claims" means those
					 testing procedures, requirements, instructions, precautions and proposed
					 conclusions that are published by the manufacturer and supplied with the
					 marijuana field tests or marijuana field test kits.
"Marijuana" means marijuana as defined in § 18.2-247 of the
					 Code of Virginia.
"Marijuana field test" means any Duquenois-Levine test unit
					 used outside of a chemical laboratory environment to detect the presence of
					 marijuana plant material.
"Marijuana field test kit" means a combination of
					 individual marijuana field test units.
Statutory Authority: §§ 9.1-1110 and 19.2-188.1 of the
						Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 50 - REGULATIONS FOR THE APPROVAL OF MARIJUANA FIELD TESTS FOR DETECTION OF MARIJUANA PLANT MATERIAL › Part II - Process for Approval of Field Tests › Section 6VAC40-50-20 - Authority for approval

Current through Register Vol. 40, No. 24, July 15, 2024
Section 19.2-188.1 of the Code of Virginia provides that
					 the Department of Forensic Science shall approve marijuana field tests for use
					 by law-enforcement officers to enable them to testify to the results obtained
					 in any trial for a violation of § 18.2-250.1 of the Code of Virginia regarding
					 whether or not any plant material, the identity of which is at issue, is
					 marijuana.
Statutory Authority: §§ 9.1-1110 and 19.2-188.1 of the
						Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 50 - REGULATIONS FOR THE APPROVAL OF MARIJUANA FIELD TESTS FOR DETECTION OF MARIJUANA PLANT MATERIAL › Part II - Process for Approval of Field Tests › Section 6VAC40-50-30 - Request for evaluation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
				  manufacturer who wishes to submit marijuana field tests or marijuana field test
				  kits for evaluation pursuant to this chapter shall submit a written request for
				  evaluation to the department director at the following address:
Director Department of Forensic Science 700 North
							 Fifth Street Richmond, VA 23219
B.
				  Materials sufficient for at least 10 marijuana field tests shall be supplied by
				  each manufacturer. The materials shall include all instructions, precautions,
				  color charts, flow charts and the like which are provided with the marijuana
				  field test or marijuana field test kit and that describe the use and
				  interpretation of the tests.
C. The
				  manufacturer shall also include exact specifications as to the chemical
				  composition of all chemicals or reagents used in the marijuana field tests.
				  These shall include the volume or weight of the chemicals and the nature of
				  their packaging. Material safety data sheets for each chemical or reagent shall
				  be sufficient for this purpose.
D.
				  The department's evaluation process may require up to 90 days from the receipt
				  of the written request and all needed materials from the
				  manufacturer.
E. The department
				  will use marijuana plant material to assess those marijuana field tests
				  submitted for evaluation. In order to be approved, the marijuana field test
				  must correctly and consistently react in a clearly observable fashion to the
				  naked eye, and perform in accordance with manufacturer's instructions and
				  claims.
Statutory Authority: §§ 9.1-1110 and 19.2-188.1 of the
						Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 50 - REGULATIONS FOR THE APPROVAL OF MARIJUANA FIELD TESTS FOR DETECTION OF MARIJUANA PLANT MATERIAL › Part II - Process for Approval of Field Tests › Section 6VAC40-50-40 - Notice of decision

Current through Register Vol. 40, No. 24, July 15, 2024
The department will notify each manufacturer in writing of
					 the approval or disapproval of each test for which evaluation was requested.
					 Should any test not be approved, the manufacturer may resubmit their request
					 for evaluation of that marijuana field test according to the previously
					 outlined procedures along with a detailed explanation of all alterations or
					 changes to the test or related instructions or claims since the department's
					 disapproval of the previously submitted test.
Statutory Authority: §§ 9.1-1110 and 19.2-188.1 of the
						Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 50 - REGULATIONS FOR THE APPROVAL OF MARIJUANA FIELD TESTS FOR DETECTION OF MARIJUANA PLANT MATERIAL › Part II - Process for Approval of Field Tests › Section 6VAC40-50-50 - Maintenance of approved status

Current through Register Vol. 40, No. 24, July 15, 2024
The department may require that this evaluation be done as
					 often as annually for routine purposes. If any modifications are made to an
					 approved marijuana field test by the manufacturer, the department shall be
					 notified in writing of the changes. If unreported modifications are discovered
					 by the department, the department may require that evaluations be repeated for
					 the particular manufacturers' approved marijuana field tests. The department
					 shall notify the manufacturer in writing of this requirement. Any modified
					 marijuana field test must be approved before it can be used in accordance with
					 § 19.2-188.1 of the Code of Virginia. These changes shall include, but are not
					 limited to, any chemical, procedural or instructional modifications made to the
					 marijuana field test.
Statutory Authority: §§ 9.1-1110 and 19.2-188.1 of the
						Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 50 - REGULATIONS FOR THE APPROVAL OF MARIJUANA FIELD TESTS FOR DETECTION OF MARIJUANA PLANT MATERIAL › Part II - Process for Approval of Field Tests › Section 6VAC40-50-60 - Publication

Current through Register Vol. 40, No. 24, July 15, 2024
Upon completion of such evaluations and in concurrence with
					 the approval authority, the department will periodically publish a list of
					 approved marijuana field tests in the General Notices section of the Virginia
					 Register of Regulations. The department will also periodically publish the list
					 on its website. The department may, in addition, provide copies of its approved
					 list to any law-enforcement agency. The department may share any information or
					 data developed from this testing with these agencies.
Statutory Authority: §§ 9.1-1110 and 19.2-188.1 of the
						Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 50 - REGULATIONS FOR THE APPROVAL OF MARIJUANA FIELD TESTS FOR DETECTION OF MARIJUANA PLANT MATERIAL › Part II - Process for Approval of Field Tests › Section 6VAC40-50-70 - Liability

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department
				  assumes no liability as to the safety of these marijuana field tests or
				  marijuana field test kits, any chemicals contained therein or the procedures
				  and instructions by which they are used.
B. The department further assumes no
				  responsibility for any misuse or incorrect interpretation of results.
Statutory Authority
§§ 9.1-1110 and 19.2-188.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 50 - REGULATIONS FOR THE APPROVAL OF MARIJUANA FIELD TESTS FOR DETECTION OF MARIJUANA PLANT MATERIAL › Part III - Fees › Section 6VAC40-50-80 - Fees

Current through Register Vol. 40, No. 24, July 15, 2024
Manufacturers will be charged a fee of $50 for each
					 marijuana field test for which individual evaluation is requested. The
					 department will review the manufacturer's request and notify the manufacturer
					 in writing of the amount due before evaluation begins. Manufacturers who wish
					 to withdraw a request for evaluation shall immediately notify the department in
					 writing . The department's assessment of the amount of payment required will be
					 based upon a detailed review of the manufacturer's request and that amount will
					 be final. The evaluation process will not be initiated before full payment is
					 made to the Treasurer of Virginia.
Statutory Authority: §§ 9.1-1110 and 19.2-188.1 of the
						Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 60 - DNA DATA BANK REGULATIONS › Section 6VAC40-60-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
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.
Statutory Authority: §§
											9.1-1110 and
					 19.2-310.5 of the Code of
					 Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 60 - DNA DATA BANK REGULATIONS › Section 6VAC40-60-20 - Request for information from a law-enforcement officer regarding whether an individual's DNA profile is in the DNA data bank

Current through Register Vol. 40, No. 24, July 15, 2024
A. A request for
				information regarding whether an individual's DNA profile is in the DNA data
				bank shall be submitted to the department's DNA data bank administrator by the
				requesting law-enforcement officer. Such requests shall be submitted via the
				online form available on the department's website. The requesting
				law-enforcement officer shall confirm 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 identity of the
				requestor shall be verified by department personnel by inspection of the
				requestor's identifying information. Department personnel shall maintain a
				record of the request and the verification of the requestor's identity pursuant
				to the department's record retention guidelines.
Statutory Authority: §§
											9.1-1110 and
					 19.2-310.5 of the Code of
					 Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 60 - DNA DATA BANK REGULATIONS › Section 6VAC40-60-30 - Request for DNA analysis information

Current through Register Vol. 40, No. 24, July 15, 2024
A request from an accused or an accused individual's
				  attorney shall be governed by the provisions of §
									9.1-1104 of the Code of
				  Virginia.
Statutory Authority: §§
											9.1-1110 and
					 19.2-310.5 of the Code of
					 Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 60 - DNA DATA BANK REGULATIONS › Section 6VAC40-60-40 - Requests for DNA data bank information relating to out-of-state forensic laboratory examination

Current through Register Vol. 40, No. 24, July 15, 2024
Requests for DNA data bank information relating to
				  out-of-state forensic laboratory examinations shall be submitted in writing to
				  the Virginia CODIS administrator by the out-of-state CODIS administrator or
				  their designee.
Statutory Authority
§§ 9.1-1110 and 19.2-310.5 of the Code of
					 Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 60 - DNA DATA BANK REGULATIONS › Section 6VAC40-60-50 - Provision of DNA data bank information to the Virginia Department of Corrections, the Department of State Police, and the Department of Juvenile Justice

Current through Register Vol. 40, No. 24, July 15, 2024
Any information from the DNA data bank provided to a duly
				  authorized representative of the Department of Corrections or the Department of
				  State Police 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.
Statutory Authority: ,§,§ 9.1-1110 and 19.2-310.5 of the
					 Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 60 - DNA DATA BANK REGULATIONS › Section 6VAC40-60-60 - Department employee access to the DNA data bank

Current through Register Vol. 40, No. 24, July 15, 2024
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 upon
				  request.
Statutory Authority: §§
											9.1-1110 and
					 19.2-310.5 of the Code of
					 Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 60 - DNA DATA BANK REGULATIONS › Form - FORMS (6VAC40-60)

Current through Register Vol. 40, No. 24, July 15, 2024
DNA Data Bank, DNA Request Form for Law-Enforcement Agency,
				  DFS (filed 3/2024)
Statutory Authority: §§
											9.1-1110 and
					 19.2-310.5 of the Code of
					 Virginia.