Written by Clarke Kent
RN, thank you for your comment appearing on the post entitles “New Email on BB sparks Debate” on 1/12/15. It was well researched and educational. It is true that saliva on tissue samples are required of a violent felony as per section 19.2-310.2.1. It is also accurate that all persons arrested for commission or attempted commission of a violent felony as defined in sec 19-2-297.1 shall have their DNA taken, to determine identification characteristics specific to the person. Futhermore as you describe, “after a determination by a magistrate or a grand jury that probable cause exists for the arrest, a sample shall be taken prior to the person’s release from custody.” The Dept of Forensic Science or other entity designated by the department shall perform the analysis and store in a DNA data bank.
The fine line Justice believes lies in what is considered a violent felony. Does assault and battery reach the level for mandatory DNA surrender of DNA by the person arrested? Justice has mentioned that we believe the level for mandatory surrender of DNA must include a violent felony that reaches the level of malicious wounding. If the felony arrest does not reach that malicious wounding plateau, DNA is not mandated. It would be great if we can qualify the violent felonies for mandatory DNA. Maybe, just maybe CT, MS2, MH and LJP arrest do reach the level of violent felony with malicious wounding.