Assembly Bill No. 489–Assemblymen Gustavson, Angle, Beers, Anderson, Berman, Brower, Brown, Buckley, Carpenter, Claborn, Gibbons, Humke, Lee, Oceguera, Price and Von Tobel
CHAPTER..........
AN ACT relating to criminal procedure; requiring genetic marker analysis to be obtained from certain offenders convicted of certain felonies; revising certain provisions concerning genetic marker testing to refer to obtaining a “biological specimen”; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.0913 is hereby amended to read as follows:
176.0913 1. If a defendant is convicted of an offense listed in
subsection 4, the court, at sentencing, shall order that:
(a) The name, social security number, date of birth and any other
information identifying the defendant be submitted to the central
repository for Nevada records of criminal history; and
(b) [Samples of blood] A biological specimen be obtained from the
defendant pursuant to the provisions of this section and that the [samples]
specimen be used for an analysis to determine the genetic markers of the
[blood.] specimen.
2. If the defendant is committed to the custody of the department of
prisons, the department of prisons shall arrange for the [samples of blood]
biological specimen to be obtained from the defendant. The department of
prisons shall provide the [samples of blood] specimen to the forensic
laboratory that has been designated by the county in which the defendant
was convicted to conduct or oversee genetic marker testing for the county
pursuant to NRS 176.0917.
3. If the defendant is not committed to the custody of the department
of prisons, the division shall arrange for the [samples of blood] biological
specimen to be obtained from the defendant. The division shall provide
the [samples of blood] specimen to the forensic laboratory that has been
designated by the county in which the defendant was convicted to conduct
or oversee genetic marker testing for the county pursuant to NRS
176.0917. Any cost that is incurred to obtain [the samples of blood from
the] a biological specimen from a defendant pursuant to this subsection is
a charge against the county in which the defendant was convicted and
must be paid as provided in NRS 176.0915.
4. The provisions of subsection 1 apply to a defendant who is
convicted of any of the following offenses:
(a) A category A felony;
(b) A category B felony;
(c) A category C felony involving the use or threatened use of force or
violence against the victim;
(d) A crime against a child as defined in NRS 179D.210.
[(b)] (e) A sexual offense as defined in NRS 179D.410.
[(c) Murder, manslaughter or any other unlawful killing pursuant to
NRS 200.010 to 200.260, inclusive.
(d) Mayhem pursuant to NRS 200.280.
(e) Administering poison or another noxious or destructive substance or
liquid with intent to cause death pursuant to NRS 200.390.
(f) Battery with intent to commit a crime pursuant to NRS 200.400.
(g) Battery which is committed with the use of a deadly weapon or
which results in substantial bodily harm pursuant to NRS 200.481.
(h)] (f) Abuse or neglect of an older person pursuant to NRS 200.5099.
[(i)] (g) A second or subsequent offense for stalking pursuant to NRS
200.575.
[(j) Burglary pursuant to NRS 205.060.
(k) Invasion of the home pursuant to NRS 205.067.
(l)](h) An attempt to commit an offense listed in this subsection.
Sec. 2. NRS 176.0915 is hereby amended to read as follows:
176.0915 1. If the court orders that [samples of blood] a biological
specimen be obtained from a defendant pursuant to NRS 176.0913, the
court, in addition to any other penalty, shall order the defendant, to the
extent of his financial ability, to pay the sum of $250 as a fee for obtaining
the [samples of blood] specimen and for conducting the analysis to
determine the genetic markers of the [blood.] specimen. The fee:
(a) Must be stated separately in the judgment of the court or on the
docket of the court;
(b) Must be collected from the defendant before or at the same time that
any fine imposed by the court is collected from the defendant; and
(c) Must not be deducted from any fine imposed by the court.
2. All money that is collected pursuant to subsection 1 must be paid by
the clerk of the court to the county treasurer on or before the fifth day of
each month for the preceding month.
3. The board of county commissioners of each county shall by
ordinance create in the county treasury a fund to be designated as the fund
for genetic marker testing. The county treasurer shall deposit money that is
collected pursuant to subsection 2 in the fund for genetic marker testing.
The money must be accounted for separately within the fund.
4. Each month, the county treasurer shall use the money deposited in
the fund for genetic marker testing to pay for the actual amount charged to
the county for obtaining [samples of blood from defendants] a biological
specimen from a defendant pursuant to NRS 176.0913.
5. If money remains in the fund after the county treasurer makes the
payments required by subsection 4, the county treasurer shall pay the
remaining money each month to the forensic laboratory that is designated
by the county pursuant to NRS 176.0917 to conduct or oversee genetic
marker testing for the county. A forensic laboratory that receives money
pursuant to this subsection shall use the money to:
(a) Maintain and purchase equipment and supplies relating to genetic
marker testing, including, but not limited to, equipment and supplies
required by the Federal Bureau of Investigation for participation in
CODIS; and
(b) Pay for the training and continuing education, including, but not
limited to, the reasonable travel expenses, of employees of the forensic
laboratory who conduct or oversee genetic marker testing.
Sec. 3. NRS 179A.075 is hereby amended to read as follows:
179A.075 1. The central repository for Nevada records of criminal
history is hereby created within the Nevada highway patrol division of the
department.
2. Each agency of criminal justice and any other agency dealing with
crime or delinquency of children shall:
(a) Collect and maintain records, reports and compilations of statistical
data required by the department; and
(b) Submit the information collected to the central repository in the
manner recommended by the advisory committee and approved by the
director of the department.
3. Each agency of criminal justice shall submit the information relating
to sexual offenses and other records of criminal history that it creates or
issues, and any information in its possession relating to the genetic
markers of [the blood and the secretor status of the saliva] a biological
specimen of a person who is convicted of [sexual assault or any other
sexual offense,] an offense listed in subsection 4 of NRS 176.0913, to the
division in the manner prescribed by the director of the department. The
information must be submitted to the division:
(a) Through an electronic network;
(b) On a medium of magnetic storage; or
(c) In the manner prescribed by the director of the
department,
within the period prescribed by the director of the department. If an agency
has submitted a record regarding the arrest of a person who is later
determined by the agency not to be the person who committed the
particular crime, the agency shall, immediately upon making that
determination, so notify the division. The division shall delete all
references in the central repository relating to that particular arrest.
4. The division shall, in the manner prescribed by the director of the
department:
(a) Collect, maintain and arrange all information submitted to it relating
to:
(1) Sexual offenses and other records of criminal history; and
(2) The genetic markers of [the blood and the secretor status of the
saliva] a biological specimen of a person who is convicted of [sexual
assault or any other sexual offense.] an offense listed in subsection 4 of
NRS 176.0913.
(b) When practicable, use a record of the personal identifying
information of a subject as the basis for any records maintained regarding
him.
(c) Upon request, provide the information that is contained in the central
repository to the state disaster identification team of the division of
emergency management of the department . [of motor vehicles and public
safety.]
5. The division may:
(a) Disseminate any information which is contained in the central
repository to any other agency of criminal justice;
(b) Enter into cooperative agreements with federal and state repositories
to facilitate exchanges of information that may be disseminated pursuant to
paragraph (a); and
(c) Request of and receive from the Federal Bureau of Investigation
information on the background and personal history of any person whose
record of fingerprints the central repository submits to the Federal Bureau
of Investigation and:
(1) Who has applied to any agency of the State of Nevada or any
political subdivision thereof for a license which it has the power to grant
or deny;
(2) With whom any agency of the State of Nevada or any political
subdivision thereof intends to enter into a relationship of employment or a
contract for personal services;
(3) About whom any agency of the State of Nevada or any political
subdivision thereof has a legitimate need to have accurate personal
information for the protection of the agency or the persons within its
jurisdiction; or
(4) For whom such information is required to be obtained pursuant to
NRS 449.179.
6. The central repository shall:
(a) Collect and maintain records, reports and compilations of statistical
data submitted by any agency pursuant to subsection 2.
(b) Tabulate and analyze all records, reports and compilations of
statistical data received pursuant to this section.
(c) Disseminate to federal agencies engaged in the collection of
statistical data relating to crime information which is contained in the
central repository.
(d) Investigate the criminal history of any person who:
(1) Has applied to the superintendent of public instruction for a
license;
(2) Has applied to a county school district for employment; or
(3) Is employed by a county school district,
and notify the superintendent of each county school district and the
superintendent of public instruction if the investigation of the central
repository indicates that the person has been convicted of a violation of
NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a
felony or any offense involving moral turpitude.
(e) Upon discovery, notify the superintendent of each county school
district by providing him with a list of all persons:
(1) Investigated pursuant to paragraph (d); or
(2) Employed by a county school district whose fingerprints were
sent previously to the central repository for investigation,
who the central repository’s records indicate have been convicted of a
violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or
convicted of a felony or any offense involving moral turpitude since the
central repository’s initial investigation. The superintendent of each
county school district shall determine whether further investigation or
action by the district is appropriate.
(f) Investigate the criminal history of each person who submits
fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or
449.179.
(g) On or before July 1 of each year, prepare and present to the
governor a printed annual report containing the statistical data relating to
crime received during the preceding calendar year. Additional reports may
be presented to the governor throughout the year regarding specific areas
of crime if they are recommended by the advisory committee and
approved by the director of the department.
(h) On or before July 1 of each year, prepare and submit to the director
of the legislative counsel bureau, for submission to the legislature, or the
legislative commission when the legislature is not in regular session, a
report containing statistical data about domestic violence in this state.
(i) Identify and review the collection and processing of statistical data
relating to criminal justice and the delinquency of children by any agency
identified in subsection 2, and make recommendations for any necessary
changes in the manner of collecting and processing statistical data by any
such agency.
7. The central repository may:
(a) At the recommendation of the advisory committee and in the manner
prescribed by the director of the department, disseminate compilations of
statistical data and publish statistical reports relating to crime or the
delinquency of children.
(b) Charge a reasonable fee for any publication or special report it
distributes relating to data collected pursuant to this section. The central
repository may not collect such a fee from an agency of criminal justice,
any other agency dealing with crime or the delinquency of children which
is required to submit information pursuant to subsection 2 or the state
disaster identification team of the division of emergency management of
the department . [of motor vehicles and public safety.] All money
collected pursuant to this paragraph must be used to pay for the cost of
operating the central repository.
(c) In the manner prescribed by the director of the department, use
electronic means to receive and disseminate information contained in the
central repository that it is authorized to disseminate pursuant to the
provisions of this chapter.
8. As used in this section:
(a) “Advisory committee” means the committee established by the
director of the department pursuant to NRS 179A.078.
(b) “Personal identifying information” means any information designed,
commonly used or capable of being used, alone or in conjunction with any
other information, to identify a person, including, without limitation:
(1) The name, driver’s license number, social security number, date
of birth and photograph or computer generated image of a person; and
(2) The fingerprints, voiceprint, retina image and iris image of a
person.
Sec. 4. NRS 56.020 is hereby amended to read as follows:
56.020 1. Whenever it is relevant in a civil or criminal action to
determine the parentage or identity of any person or corpse, the court, by
order, may direct any party to the action and the person involved in the
controversy to submit to one or more [blood or saliva tests,] tests to obtain
a biological specimen to determine the genetic markers of the specimen,
to be made by qualified persons, under such restrictions and directions as
the court deems proper. [The tests may include analysis of a person’s
blood to determine its genetic markers and of a person’s saliva to
determine its secretor status.]
2. Whenever a test is ordered and made, the results of the test may be
received in evidence. The order for the tests also may direct that the
testimony of the experts and of the persons so examined may be taken by
deposition. The opinion of any expert concerning results of blood tests
may be weighted in accordance with evidence, if available, of the
statistical probability of the alleged blood relationship. The court shall
determine how and by whom the costs of the examination must be paid.
Sec. 5. The amendatory provisions of this act do not apply to a person
who is sentenced before October 1, 2001.
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