Jason S. Miyares
Attorney General of Virginia

State of Virginia with VA SAKI (Sexual Assault Kit Initiative) with Dark Green Ribbon

Virginia Sexual Assault Kit Initiative (VA SAKI)

Physical Evidence Recovery Kit (PERK) Legislation

Sexual assault evidence recovery kit form

https://law.lis.virginia.gov/vacode/title19.2/chapter1.2

On July 1, 2016, comprehensive legislation was implemented to ensure timely processing of Physical Evidence Recovery Kits (PERKs) and streamline the forensic analysis process. Additionally, the legislation addressed the retention of PERKs and introduced provisions to protect victims' rights concerning information about the PERK collected in their cases. To further enhance the tracking and management of PERKs, mandatory use of the PERK Tracking System was later implemented, effective July 1, 2020. This system was designed to provide a centralized and standardized approach to monitor the status and progress of PERKs, promoting efficiency and accountability within the forensic analysis and investigation process.

PERK Submission FAQ for Law Enforcement

Is the PERK required to be submitted for testing if the suspect is known?

  • Yes.  Whether or not the suspect is known, the PERK must be submitted for analysis.  A known suspect is not a statutory exemption for PERK submission and further questions should be directed to the Commonwealth Attorney or the legal advisor to the law enforcement agency investigating the case.

Is the PERK required to be submitted for testing if the victim is no longer cooperating with the investigation?

  • Yes.  Regardless of victim cooperation, the PERK must be submitted for analysis.  Victim disengagement is not a statutory exemption for PERK submission and further questions should be directed to the Commonwealth Attorney or the legal advisor to the law enforcement agency investigating the case.

Is the PERK required to be submitted for testing if prosecution is declined?

  • Yes.  Regardless of prosecution status, the PERK must be submitted for analysis.  Prosecution being declined is not a statutory exemption for PERK submission and further questions should be directed to the Commonwealth Attorney or the legal advisor to the law enforcement agency investigating the case.

Summary of Exceptions

Virginia State Law (Code of Virginia § 19.2-11.8) requires all PERKs received by law enforcement agencies be submitted to the Department of Forensic Science (DFS) within 60 days of receipt unless certain exceptions are met: 

  1. The PERK is anonymous.
    • In this case, law enforcement would not know about the PERK.
  2. The PERK is part of a routine death investigation, and the medical examiner and law enforcement agree that analysis is unwarranted.
  3. The PERK is connected to an out-of-state offense.
    • In this case, the out of state agency is not covered by Virginia state laws.
  4. Investigation associated with the PERK is being transferred to another law enforcement agency within Virginia.
    • In this case, the receiving agency would be subject to this statute and the 60-day time constraint starts upon receipt of the PERK by the investigating agency.
  5. The PERK was determined by the law enforcement agency not to be connected to a criminal offense.
    • In this case, there is a PROVEN FALSE REPORT.
    • This exception does not apply to victim disengagement from the criminal justice process or prosecution declined by the Commonwealth Attorney’s Office. In these cases, the PERK will still be submitted to DFS for analysis.

These statutory exemptions became effective July 1, 2022, and the majority of PERKs must be submitted to DFS for analysis. If there are any questions regarding exceptions, please contact your Commonwealth Attorney’s Office or the legal advisor for your agency.

This project was supported by Grant No. 2020-AK-BX-0033 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the U.S. Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.