Virginia Code 19.2-11.7: (Effective until July 1, 2025) Law Enforcement taking possession of physical evidence recovery kits
A. A health care provider that has collected a physical evidence recovery kit from a victim of sexual assault who has elected to report the offense shall forthwith notify the law-enforcement agency that such kit has been collected.
Terms Used In Virginia Code 19.2-11.7
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Health care provider: means any hospital, clinic, or other medical facility that provides forensic medical examinations to victims of sexual assault. See Virginia Code 19.2-11.5
- Law-enforcement agency: means the state or local law-enforcement agency with the primary responsibility for investigating an alleged sexual assault offense case and includes the employees of that agency. See Virginia Code 19.2-11.5
- Physical evidence recovery kit: means any evidence collection kit supplied by the Department to health care providers for use in collecting evidence from victims of sexual assault during forensic medical examinations or to the Office of the Chief Medical Examiner for use during death investigations to collect evidence from decedents who may be victims of sexual assault. See Virginia Code 19.2-11.5
- Trace evidence collection kit: means any evidence collection kit supplied by the Department to health care providers for use in collecting evidence from victims of strangulation during forensic medical examinations or to the Office of the Chief Medical Examiner for use during death investigations to collect evidence from decedents who may be victims of strangulation. See Virginia Code 19.2-11.5
- Victim of sexual assault: means any person who undergoes a forensic medical examination for the collection of a physical evidence recovery kit connected to a sexual assault offense. See Virginia Code 19.2-11.5
- Victim of strangulation: means any person who undergoes a forensic medical examination for the collection of evidence in connection with an alleged strangulation. See Virginia Code 19.2-11.5
B. A law-enforcement agency that receives notice from a health care provider that a physical evidence recovery kit has been collected shall forthwith take possession of the physical evidence recovery kit.
A. A health care provider that has collected a physical evidence recovery kit from a victim of sexual assault or a trace evidence collection kit from a victim of strangulation who has elected to report the offense shall forthwith notify the law-enforcement agency that such kit has been collected.
B. A law-enforcement agency that receives notice from a health care provider that a physical evidence recovery kit or trace evidence collection kit has been collected shall forthwith take possession of the physical evidence recovery kit or trace evidence collection kit.