Assembly Bill No. 489–Assemblymen Gustavson, Angle, Beers, Anderson, Berman, Brower, Brown, Buckley, Carpenter, Claborn, Gibbons, Humke, Lee, Oceguera, Price and Von Tobel

 

March 19, 2001

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Referred to Committee on Judiciary

 

SUMMARY—Requires genetic marker analysis to be obtained from all offenders convicted of felony. (BDR 14‑1038)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to criminal procedure; requiring genetic marker analysis to be obtained from all offenders convicted of a felony; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 176.0913 is hereby amended to read as follows:

1-2    176.0913  1.  If a defendant is convicted of [an offense listed in

1-3  subsection 4,] a felony, the court, at sentencing, shall order that:

1-4    (a) The name, social security number, date of birth and any other

1-5  information identifying the defendant be submitted to the central repository

1-6  for Nevada records of criminal history; and

1-7    (b) Samples of blood be obtained from the defendant pursuant to the

1-8  provisions of this section and that the samples be used for an analysis to

1-9  determine the genetic markers of the blood.

1-10    2.  If the defendant is committed to the custody of the department of

1-11  prisons, the department of prisons shall arrange for the samples of blood to

1-12  be obtained from the defendant. The department of prisons shall provide

1-13  the samples of blood to the forensic laboratory that has been designated by

1-14  the county in which the defendant was convicted to conduct or oversee

1-15  genetic marker testing for the county pursuant to NRS 176.0917.

1-16    3.  If the defendant is not committed to the custody of the department

1-17  of prisons, the division shall arrange for the samples of blood to be

1-18  obtained from the defendant. The division shall provide the samples of

1-19  blood to the forensic laboratory that has been designated by the county in

2-1  which the defendant was convicted to conduct or oversee genetic marker

2-2  testing for the county pursuant to NRS 176.0917. Any cost that is incurred

2-3  to obtain the samples of blood from the defendant pursuant to this

2-4  subsection is a charge against the county in which the defendant was

2-5  convicted and must be paid as provided in NRS 176.0915.

2-6    [4.  The provisions of subsection 1 apply to a defendant who is

2-7  convicted of any of the following offenses:

2-8    (a) A crime against a child as defined in NRS 179D.210.

2-9    (b) A sexual offense as defined in NRS 179D.410.

2-10    (c) Murder, manslaughter or any other unlawful killing pursuant to NRS

2-11  200.010 to 200.260, inclusive.

2-12    (d) Mayhem pursuant to NRS 200.280.

2-13    (e) Administering poison or another noxious or destructive substance or

2-14  liquid with intent to cause death pursuant to NRS 200.390.

2-15    (f) Battery with intent to commit a crime pursuant to NRS 200.400.

2-16    (g) Battery which is committed with the use of a deadly weapon or

2-17  which results in substantial bodily harm pursuant to NRS 200.481.

2-18    (h) Abuse or neglect of an older person pursuant to NRS 200.5099.

2-19    (i) A second or subsequent offense for stalking pursuant to NRS

2-20  200.575.

2-21    (j) Burglary pursuant to NRS 205.060.

2-22    (k) Invasion of the home pursuant to NRS 205.067.

2-23    (l) An attempt to commit an offense listed in this subsection.]

2-24    Sec. 2.  The amendatory provisions of this act do not apply to a person

2-25  who is sentenced before October 1, 2001.

 

2-26  H