In any criminal proceeding, DNA (deoxyribonucleic acid) testing shall be deemed to be a reliable scientific technique and the evidence of a DNA profile comparison may be admitted to prove or disprove the identity of any person. This section shall not otherwise limit the introduction of any relevant evidence bearing upon any question at issue before the court, including the accuracy and reliability of the procedures employed in the collection and analysis of a particular DNA sample. The court shall, regardless of the results of the DNA analysis, if any, consider such other relevant evidence of the identity of the accused as shall be admissible in evidence.
At least 21 days prior to commencement of the proceeding in which the results of a DNA analysis will be offered as evidence, the party intending to offer the evidence shall notify the opposing party, in writing, of the intent to offer the analysis and shall provide or make available copies of the report or statement to be introduced. In the event that such notice is not given, and the person proffers such evidence, then the court may in its discretion either allow the opposing party a continuance or, under appropriate circumstances, bar the person from presenting such evidence. The period of any such continuance shall not be counted for speedy trial purposes under § 19.2-243. If the opposing party intends to object to the admissibility of such evidence he shall give written notice of that fact and the basis for his objections at least 10 days prior to commencement of the proceedings.
Nothing in this section shall be construed to limit the ability of the parties to obtain additional writings or documents, including the profiles, used to reach the conclusion in the report pursuant to § 19.2-187.2, and the opposing party shall be entitled to a continuance of the proceeding if requested to allow for their inspection.
1990, c. 669; 1997, c. 315; 2002, cc. 627, 885; 2024, c. 210.
Notes of Decisions
Cited in
29
cases (
3 in the last 5 years), 1992–2025 · leading case:
Satcher v. Commonwealth, 421 S.E.2d 821 (Va. 1992).
Satcher v. Commonwealth, 421 S.E.2d 821 (Va. 1992).
· cites it 36× “Following our Spencer decisions, the General Assembly enacted Code § 19.2-270.5 at its 1990 session. The section provides as follows: In any criminal proceeding, DNA (deoxyribonucleic acid) testing shall be deemed to be a reliable scientific technique and the evidence of a DNA…”
Jonathan Nathaniel Ramsey v. Commonwealth of Virginia, 757 S.E.2d 576 (Va. Ct. App. 2014).
· cites it 16× “5 provides in part: In any criminal proceeding, DNA (deoxyribonucleic acid) testing shall be deemed to be a reliable scientific technique and the evidence of a DNA profile comparison may be admitted to prove or disprove the identity of any person.”
Caprio v. Commonwealth, 493 S.E.2d 371 (Va. 1997).
· cites it 16× “The Commonwealth notified defense counsel and, invoking Code § 19.2-270.5, counsel objected to introduction of that evidence and, in the alternative, moved for a continuance.”
Crawford v. Commonwealth, 534 S.E.2d 332 (Va. Ct. App. 2000).
· cites it 30× “testing shall be deemed to be a reliable scientific technique and the evidence of a DNA profile comparison may be admitted to prove or disprove the identity of any person." By enacting Code § 19.”
Hills v. Commonwealth, 534 S.E.2d 337 (Va. Ct. App. 2000).
· cites it 12× “Hills objected to McDonald’s testimony on the grounds that she did not prepare the statistical database she used to arrive at her conclusions and that her testimony violated Code § 19.2-270.5 because the Commonwealth failed to give Hills adequate notice of her testimony.”
Armstead v. State, 673 A.2d 221 (Md. 1996).
· cites it 2× “” Va.Code Ann. § 19.2-270.5 (Michie 1995) (emphasis added).”
Aguilar v. Com., 699 S.E.2d 215 (Va. 2010).
· cites it 2× “[1] Pursuant to Code § 19.2-270.5, the Commonwealth notified Aguilar prior to trial of its intent to introduce into evidence certificates of analysis containing the results of DNA analysis.”
State v. Scott, 33 S.W.3d 746 (Tenn. 2000).
“”); Va.Code Ann. § 19.2-270.5 (Michie Supp.1999) ("In any criminal proceeding, DNA (deoxyribonucleic acid) testing shall be deemed to be a reliable scientific technique and the evidence of a DNA profile comparison may be admitted to prove or disprove the identity of any person.”
Satcher v. Netherland, 944 F. Supp. 1222 (E.D. Va. 1996).
· cites it 4× “Virginia Code § 19.2-270.5, respecting the reliability of DNA evidence, is unconstitutional; IV(B).”
Husske v. Commonwealth, 448 S.E.2d 331 (Va. Ct. App. 1994).
· cites it 12× “See Code § 19.2-270.5. Although the Supreme Court of Virginia has recently reaffirmed that DNA testing is a reliable identification technique, see Satcher v.”
Hodges v. Commonwealth, 492 S.E.2d 846 (Va. Ct. App. 1997).
· cites it 4× “However, the admissibility of DNA evidence is firmly established by Code § 19.2-270.5.”
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