Virginia

Virginia has adopted all six pillars of reform and is working on clearing its backlog.

Reform Status
Some Reform
Testing Status
In-Process

Pillar Count

6/6 Pillars
Virginia has adopted all six pillars of reform and is working on clearing its backlog.
Statewide Inventory

Yes, the state carried out a one-time inventory.

  • Is the inventory recurring? No
  • Are law enforcement agencies and/or labs required to participate in the inventory? Yes
  • Does the law require to document the date of when each kit was collected? No
  • Does the law require a reason to be given as to why the kit was not submitted to a crime lab for testing? No
  • Does the law require untested kits to be counted? Yes
Test Backlogged Kits

In-Process, the state has committed to testing its backlogged kits.

Virginia is eliminating its backlog through non-legislative means.

Test New Kits

Yes, all newly collected kits are being tested.

  • According to the law, how much time after a rape kit examination do hospitals have to notify law enforcement that a kit is ready to be picked up? Not specified
  • According to the law, after being notified, within what time frame is law enforcement required to pick up the kit? Not specified
  • According to the law, after picking the kit up, within what time frame is law enforcement required to submit the kit to the lab? 60 Days
  • According to the law, after receiving the kit, within what time frame is the lab required to test the kit? Not specified
  • Does the law allow crime labs to outsource kits for testing if they are unable to meet the deadline? Not specified
Implement Tracking System

Yes, tracking system in use.

  • Does the law state that the tracking system should track initial collection at hospital, inventory and storage by law enforcement, and testing and storage by state labs? Yes
  • Does the law state that the tracking system should track if kit a has been destroyed? Yes
  • Does the law allow all agencies who participate in the tracking system to update the status of a kit? Yes
  • Does the law state that the tracking system should have a victim portal? No
  • Does the law require law enforcement, labs, and hospitals to participate in the tracking system? Yes
  • Does the law state that all previously untested kits should be entered into the system? No
Victim's Right To Know

Yes, the state has granted victims the right to notice and be informed on the status of their kit.

  • Do victims have the right to receive information of the location, testing date, and testing results of their kit? Yes
  • Do victims have the right to be informed when there is any change in the status of their case? No
  • Do victims have the right to receive notification before destruction of their kit? Yes
  • Are victims granted further preservation of the kit or its probative contents? Yes
  • Are victims provided with the contact information for the designated liaison(s) at the corresponding law enforcement agency at the time that a kit is collected? Yes
  • Do victims have the right to receive a physical document identifying their rights under law? Yes
Fund Reform

Yes, the state has allocated ongoing funding.

See state reform timeline below.

Take Action Today to Bring Further Rape Kit Reform to Virginia

State Reform Timeline

2024
Inventory
35 backlogged kits in Virginia

According to Virginia’s 2024 Annual Forensic Science Board Report, there are 35 kits collected by law enforcement agencies more than 60 days ago but not yet submitted to the lab for testing.

2023
Funding
$1,500,000 awarded to the Office of the Attorney General of Virginia

In 2023, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded the Office of the Attorney General of Virginia $1,500,000 to support investigation and prosecution of high volumes of cold case sexual assaults and sexually motivated homicides.

2020
Report
Virginia cleared backlog

On July 8, 2020, Attorney General Mark Herring announced that the state of Virginia had cleared its backlog of 2,665 kits.

Funding
$2,084,762 awarded in Virginia

In 2020, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded the Office of the Attorney General an additional $2,084,762 to sustain its work on rape kit reform.

Bill: Enacted
HB808 enacted in Virginia

In 2020, legislators passed HB808. This bill created an annual inventory in which each hospital must report to the Virginia Department of Forensic Science the total number of sexual assault survivors seen at the facility, as well as kits offered and completed. The bill requires hospitals to retain kits for 20 years, or in the case of a child, for 20 years after the survivor reaches 18. HB808 also mandated that hospitals notify law enforcement within four hours of collecting a kit.

2019
Report
1,770 kits tested in Virginia

In March 2019, the Office of the Attorney General announced 1,770 kits had been tested with the funds from the 2015 award from the Manhattan District Attorney’s Office.

Bill: Enacted
HB2080 enacted in Virginia

In 2019, Virginia legislators established a statewide electronic tracking system for rape kits by enacting HB2080. The tracking system would assign each kit a unique identification number and be available to health care providers, law enforcement agencies, the Division of Consolidated Laboratory Services, and the Office of the Chief Medical Examiner, as well as to survivors, to inform them on the status and location of their kits.

Funding
$950,390 awarded in Virginia

In 2019, BJA awarded the Office of the Attorney General of Virginia $950,390 to sustain its work on rape kit reform.

Other
Virginia's tracking system goes live

In 2019, Virginia’s rape kit tracking system went live.

2017
Bill: Enacted
SB1501 enacted in Virginia

In 2017, Virginia legislators enacted SB1501, granting survivors whose kits had been collected before July 2016 the right to be informed of the location and status of their rape kits. S291, passed in 2016 did not specify kits by collection date. SB1501 ensured that victims’ rights law applies to survivors whose kits were collected before 2016.

Bill: Enacted
HB2127 enacted in Virginia

Passed in 2017, HB2127, granted survivors the right to have their anonymous kits held for ten additional years after submitting an objection to destruction after the two-year storage period, and 10 years after reaching the age of majority instead of 2 in child sexual assault cases, the right to extended storage of their kits before destruction, the right to notification in advance of planned destruction, and the right to information regarding the timeframes of kit retention and storage.

2016
Bill: Enacted
S291 enacted in Virginia

In 2016, Virginia enacted S291, requiring law enforcement agencies to submit rape kits to the Department of Forensic Science within 60 days, and reported kits to be kept for at least 10 years. The law also gave survivors the right to request information about the status and results of the testing of their rape kits. The bill also allocated $903,750 in 2017, $901,625 in 2018 and subsequent years to test newly collected kits.

Funding
$1,999,954 awarded in Virginia

In 2016, the U.S Department of Justice Bureau of Justice Assistance (BJA) awarded the Office of the Attorney General of Virginia $1,999,954 to test kits, investigate and prosecute cases, and re-engage survivors.

2015
Report
2,369 kits found in Virginia

In 2015, DFS reported at least 2,369 untested rape kits in Virginia.

Funding
$1,399,989 awarded in Virginia

In 2015, the Manhattan District Attorney’s Office awarded the Office of the Attorney General of Virginia $1,399,989 to test 2,034 rape kits.

2014
Inventory
S658 enacted in Virginia

In 2014, Virginia enacted S658, which required law enforcement agencies to report the number of untested rape kits in their possession to the Virginia Department of Forensic Science (DFS).

We haven’t filed an Accountability FOIA in this state ⏤ yet.

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