{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/19.2-11.9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/19.2-11.9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/19.2-11.9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/19.2-11.9.html"}],"law_id":351239,"edition_id":2,"section_id":351239,"structure_id":50231,"section_number":"19.2-11.9","catch_line":"Lack of compliance with procedures","history":"2016, cc. 332, 698; 2023, c. 312.","full_text":"The failure of a law-enforcement agency to take possession of a physical evidence recovery kit or trace evidence collection kit as provided in this chapter or to submit a physical evidence recovery kit or trace evidence collection kit to the Department within the time period prescribed under this chapter does not alter the authority of the law-enforcement agency to take possession of the physical evidence recovery kit or trace evidence collection kit or to submit the physical evidence recovery kit or trace evidence collection kit to the Department under this chapter or the authority of the Department to accept and analyze the physical evidence recovery kit or trace evidence collection kit or to maintain or upload any developed DNA profiles from the physical evidence recovery kit or trace evidence collection kit into any local, state, or national DNA data bank if eligible as determined by Department procedures and in accordance with state and federal law.\n\nA person accused or convicted of committing a crime against a sexual assault victim or strangulation victim has no standing to object to any failure to comply with the requirements of this chapter, and the failure to comply with the requirements of this chapter is not grounds for challenging the admissibility of the evidence or setting aside the conviction or sentence.\n\n","order_by":null,"text":{"0":{"id":1308000,"text":"The failure of a law-enforcement agency to take possession of a physical evidence recovery kit or trace evidence collection kit as provided in this chapter or to submit a physical evidence recovery kit or trace evidence collection kit to the Department within the time period prescribed under this chapter does not alter the authority of the law-enforcement agency to take possession of the physical evidence recovery kit or trace evidence collection kit or to submit the physical evidence recovery kit or trace evidence collection kit to the Department under this chapter or the authority of the Department to accept and analyze the physical evidence recovery kit or trace evidence collection kit or to maintain or upload any developed DNA profiles from the physical evidence recovery kit or trace evidence collection kit into any local, state, or national DNA data bank if eligible as determined by Department procedures and in accordance with state and federal law.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1308001,"text":"A person accused or convicted of committing a crime against a sexual assault victim or strangulation victim has no standing to object to any failure to comply with the requirements of this chapter, and the failure to comply with the requirements of this chapter is not grounds for challenging the admissibility of the evidence or setting aside the conviction or sentence.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":50231,"edition_id":2,"name":"Physical Evidence Recovery Kits","identifier":"1.2","label":"chapter","depth":2,"order_by":3,"parent_id":50226,"metadata":{"child_laws":10,"child_structures":0},"date_created":"2026-08-02 02:25:08","date_modified":"2026-08-02 12:30:31","permalink":{"id":1395273,"object_type":"structure","relational_id":50231,"identifier":"1.2","token":"19.2\/1.2","url":"\/19.2\/1.2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50226,"edition_id":2,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":54,"parent_id":null,"metadata":{"child_laws":771,"child_structures":99},"date_created":"2026-08-02 02:25:04","date_modified":"2026-08-02 12:30:30","permalink":{"id":1395171,"object_type":"structure","relational_id":50226,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":351226,"structure_id":50231,"section_number":"19.2-11.10","catch_line":"Expungement of DNA profile","url":"\/19.2-11.10\/","token":"19.2\/1.2\/19.2-11.10","metadata":false},{"id":351227,"structure_id":50231,"section_number":"19.2-11.11","catch_line":"Victim's right to notification of scientific analysis information","url":"\/19.2-11.11\/","token":"19.2\/1.2\/19.2-11.11","metadata":false},{"id":351228,"structure_id":50231,"section_number":"19.2-11.12","catch_line":"Costs of physical evidence recovery kits and trace evidence collection kits","url":"\/19.2-11.12\/","token":"19.2\/1.2\/19.2-11.12","metadata":false},{"id":351229,"structure_id":50231,"section_number":"19.2-11.13","catch_line":"Physical Evidence Recovery Kit Tracking System","url":"\/19.2-11.13\/","token":"19.2\/1.2\/19.2-11.13","metadata":false},{"id":351234,"structure_id":50231,"section_number":"19.2-11.5","catch_line":"Definitions","url":"\/19.2-11.5\/","token":"19.2\/1.2\/19.2-11.5","metadata":false},{"id":351235,"structure_id":50231,"section_number":"19.2-11.6","catch_line":"Anonymous physical evidence recovery kits and anonymous trace evidence collection kits","url":"\/19.2-11.6\/","token":"19.2\/1.2\/19.2-11.6","metadata":false},{"id":351236,"structure_id":50231,"section_number":"19.2-11.6:1","catch_line":"Telehealth sexual assault forensic examinations; admissibility of physical evidence recovery kit","url":"\/19.2-11.6_1\/","token":"19.2\/1.2\/19.2-11.6_1","metadata":false},{"id":351237,"structure_id":50231,"section_number":"19.2-11.7","catch_line":"Law enforcement taking possession of physical evidence recovery kits and trace evidence collection kits","url":"\/19.2-11.7\/","token":"19.2\/1.2\/19.2-11.7","metadata":false},{"id":351238,"structure_id":50231,"section_number":"19.2-11.8","catch_line":"Submission of physical evidence recovery kits and trace evidence collection kits to the Department","url":"\/19.2-11.8\/","token":"19.2\/1.2\/19.2-11.8","metadata":false},{"id":351239,"structure_id":50231,"section_number":"19.2-11.9","catch_line":"Lack of compliance with procedures","url":"\/19.2-11.9\/","token":"19.2\/1.2\/19.2-11.9","metadata":false}],"previous_section":{"id":351238,"structure_id":50231,"section_number":"19.2-11.8","catch_line":"Submission of physical evidence recovery kits and trace evidence collection kits to the Department","url":"\/19.2-11.8\/","token":"19.2\/1.2\/19.2-11.8","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-11.9\/","history_text":"

This law was first created in 2016. The record of its establishment is cataloged in chapters 332<\/a> and 698<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2023, chapter 312<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1395311,"object_type":"law","relational_id":351239,"identifier":"19.2-11.9","token":"19.2\/1.2\/19.2-11.9","url":"\/19.2-11.9\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/19.2-11.9\/","token":"19.2\/1.2\/19.2-11.9","dublin_core":{"Title":"Lack of compliance with procedures","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-11.9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The failure of a law<\/span>-enforcement agency<\/span> to take possession<\/span> of a physical evidence recovery kit<\/span> or trace evidence collection kit<\/span> as provided in this chapter or to submit a physical evidence recovery kit<\/span> or trace evidence collection kit<\/span> to the Department<\/span> within the time period prescribed under this chapter does not alter the authority of the law<\/span>-enforcement agency<\/span> to take possession<\/span> of the physical evidence recovery kit<\/span> or trace evidence collection kit<\/span> or to submit the physical evidence recovery kit<\/span> or trace evidence collection kit<\/span> to the Department<\/span> under this chapter or the authority of the Department<\/span> to accept and analyze the physical evidence recovery kit<\/span> or trace evidence collection kit<\/span> or to maintain or upload any developed DNA profiles from the physical evidence recovery kit<\/span> or trace evidence collection kit<\/span> into any local, state, or national DNA data bank if eligible as determined by Department<\/span> procedures and in accordance with state and federal law<\/span>.<\/p>

A person accused<\/span> or convicted of committing a crime<\/span> against a sexual assault<\/span> victim or strangulation victim has no standing to object<\/span> to any failure to comply with the requirements of this chapter, and the failure to comply with the requirements of this chapter is not grounds for challenging the admissibility of the evidence or setting aside the conviction<\/span> or sentence.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLACK OF COMPLIANCE WITH PROCEDURES (\u00a7 19.2-11.9)\n\nThe failure of a law-enforcement agency to take possession of a physical\nevidence recovery kit or trace evidence collection kit as provided in this\nchapter or to submit a physical evidence recovery kit or trace evidence\ncollection kit to the Department within the time period prescribed under this\nchapter does not alter the authority of the law-enforcement agency to take\npossession of the physical evidence recovery kit or trace evidence collection\nkit or to submit the physical evidence recovery kit or trace evidence collection\nkit to the Department under this chapter or the authority of the Department to\naccept and analyze the physical evidence recovery kit or trace evidence\ncollection kit or to maintain or upload any developed DNA profiles from the\nphysical evidence recovery kit or trace evidence collection kit into any local,\nstate, or national DNA data bank if eligible as determined by Department\nprocedures and in accordance with state and federal law.\n\nA person accused or convicted of committing a crime against a sexual assault\nvictim or strangulation victim has no standing to object to any failure to\ncomply with the requirements of this chapter, and the failure to comply with the\nrequirements of this chapter is not grounds for challenging the admissibility of\nthe evidence or setting aside the conviction or sentence.\n\nHISTORY: 2016, cc. 332, 698; 2023, c. 312.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}