Post-Conviction DNA Issues

The Department of Forensic Science has developed standards and guidelines for the method of custody, transfer and return of evidence under the below-mentioned code sections.

• § 19.2-270.4:1 Storage, preservation and retention of human biological evidence in felony cases(.htm)
• § 19.2-327.1 Motion by a convicted felon for scientific analysis of newly discovered or previously untested scientific evidence (.htm)

The Department also worked with the Supreme Court of Virginia to develop model court orders that follow these standards and guidelines.  For assistance with motions or orders for scientific analysis or the storage, preservation and retention of evidence, please contact Department Counsel at Amy.Jenkins@dfs.virginia.gov or 804.786.2281.

Standards & Guidelines

• Guidelines for Virginia Code Section 19.2-270.4 (.pdf, 35.92 KB)
• Guidelines for Virginia Code Section 19.2-327.1 (.pdf, 26.68 KB)