What are the exceptions to the mandatory submission of PERKs to DFS?

Pursuant to Virginia Code § 19.2-11.8, all PERKs collected from a victim who has reported the offense must submit the PERK to DFS for analysis within 60 days of receipt, except under the following circumstances:

  • (i) it is an anonymous PERK;
  • (ii) the PERK was collected by the Office of the Chief Medical Examiner as part of a routine death investigation, and the medical examiner and the law-enforcement agency agree that analysis is not warranted;
  • (iii) the PERK is connected to an offense that occurred outside of the Commonwealth; or
  • (iv) the PERK was determined by the law-enforcement agency not to be connected to a criminal offense.