2024 Session

Budget Amendments - SB30 (Floor Approved)

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Serology Study (language only)

Item 23 #3s

Item 23 #3s

Legislative Department
Virginia State Crime Commission


Page 22, line 2, before "Included" insert "A.".

Page 22, after line 4, insert:

"B. The Virginia State Crime Commission shall review cases at the Virginia Department of Forensic Science (Department), in coordination with the Department's Scientific Advisory Committee, where testing or analysis was performed by Mary Jane Burton and report on the total number of the following: i) case files that contain at least one named suspect; ii) cases where scientific testimony was provided; iii) named suspects who were convicted of an offense related to such testing, categorized by persons: a. currently incarcerated, on probation, or on parole; b. executed; or, c. deceased.

Notwithstanding any other provision of law, the Crime Commission and other state and local agencies may receive and disseminate to individuals, state and local agencies, and private organizations involved in the completion of this review (i) personal or case identifying information related to the named suspects, (ii) Virginia criminal history record information related to the named suspects, (iii) expunged or sealed police and court records related to the Department case file of a named suspect, and (iv) any other information that may be necessary to the successful and timely completion of the review. Information received or disseminated for purposes of this review shall not be subject to the Virginia Freedom of Information Act (§ 2.2-3700).

The Crime Commission shall report on its findings by the first day of each General Assembly Session until completion of this review."


(This amendment directs the Virginia Crime Commission, in coordination with the Virginia Department of Forensic Science (DFS) Scientific Advisory Committee, to review DFS cases performed by Mary Jane Burton in the 1970s and 1980s and report on the number of cases in certain categories, including cases in which scientific testimony was provided and the individual is currently incarcerated, on probation, on parole, executed, or deceased.)