2012 Special Session I

Budget Amendments - HB1301 (Conference Report)

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Access to Post Conviction DNA Information (language only)

Item 405 #2c

Item 405 #2c

Public Safety
Forensic Science, Department of

Page 295, line 31, after "B.", insert "1."
Page 295, after line 43, insert:
"2.  Upon a request pursuant to the Virginia Freedom of Information Act for a certificate of analysis that has been issued in connection with the Post Conviction DNA Testing Program and that reflects that a convicted person's DNA profile was not indicated on items of evidence tested, the Department of Forensic Science shall make available for inspection and copying such requested record after all personal and identifying information about the victims, their family members, and consensual partners has been redacted, except where disclosure of the information contained therein is expressly prohibited by law or the Commonwealth's Attorney to whom the certificate was issued states that the certificate is critical to an ongoing active investigation and that disclosure jeopardizes the investigation."

(This amendment provides for public access to the certificate of analysis issued by the Post Conviction DNA Testing Program in cases where a convicted person's DNA profile was not indicated on the evidence tested. Exceptions to this requirement are provided where prohibited by law or where the Commonwealth's Attorney objects because disclosure jeopardizes an ongoing active criminal investigation.)