(REPRINTED WITH ADOPTED AMENDMENTS)

 

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

____________

 

Referred to Committee on Judiciary

 

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

 

FISCAL NOTE:  Effect on Local Government: Yes.

                             Effect on the State: Yes.

 

~

 

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 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:

 

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, 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] A biological specimen be obtained from the

1-8  defendant pursuant to the provisions of this section and that the [samples]

1-9  specimen be used for an analysis to determine the genetic markers of the

1-10  [blood.] specimen.

1-11  2.  If the defendant is committed to the custody of the department of

1-12  prisons, the department of prisons shall arrange for the [samples of blood]

1-13  biological specimen to be obtained from the defendant. The department of

1-14  prisons shall provide the [samples of blood] specimen to the forensic

1-15  laboratory that has been designated by the county in which the defendant

1-16  was convicted to conduct or oversee genetic marker testing for the county

1-17  pursuant to NRS 176.0917.

2-1    3.  If the defendant is not committed to the custody of the department

2-2  of prisons, the division shall arrange for the [samples of blood] biological

2-3  specimen to be obtained from the defendant. The division shall provide the

2-4  [samples of blood] specimen to the forensic laboratory that has been

2-5  designated by the county in which the defendant was convicted to conduct

2-6  or oversee genetic marker testing for the county pursuant to NRS

2-7  176.0917. Any cost that is incurred to obtain [the samples of blood from

2-8  the] a biological specimen from a defendant pursuant to this subsection is

2-9  a charge against the county in which the defendant was convicted and must

2-10  be paid as provided in NRS 176.0915.

2-11  4.  The provisions of subsection 1 apply to a defendant who is

2-12  convicted of any of the following offenses:

2-13  (a) A category A felony;

2-14  (b) A category B felony;

2-15  (c) A category C felony involving the use or threatened use of force or

2-16  violence against the victim;

2-17  (d) A crime against a child as defined in NRS 179D.210.

2-18  [(b)] (e) A sexual offense as defined in NRS 179D.410.

2-19  [(c) Murder, manslaughter or any other unlawful killing pursuant to

2-20  NRS 200.010 to 200.260, inclusive.

2-21  (d) Mayhem pursuant to NRS 200.280.

2-22  (e) Administering poison or another noxious or destructive substance or

2-23  liquid with intent to cause death pursuant to NRS 200.390.

2-24  (f) Battery with intent to commit a crime pursuant to NRS 200.400.

2-25  (g) Battery which is committed with the use of a deadly weapon or

2-26  which results in substantial bodily harm pursuant to NRS 200.481.

2-27  (h)] (f) Abuse or neglect of an older person pursuant to NRS 200.5099.

2-28  [(i)] (g) A second or subsequent offense for stalking pursuant to NRS

2-29  200.575.

2-30  [(j) Burglary pursuant to NRS 205.060.

2-31  (k) Invasion of the home pursuant to NRS 205.067.

2-32  (l)](h) An attempt to commit an offense listed in this subsection.

2-33  Sec. 2.  NRS 176.0915 is hereby amended to read as follows:

2-34  176.0915  1.  If the court orders that [samples of blood] a biological

2-35  specimen be obtained from a defendant pursuant to NRS 176.0913, the

2-36  court, in addition to any other penalty, shall order the defendant, to the

2-37  extent of his financial ability, to pay the sum of $250 as a fee for obtaining

2-38  the [samples of blood] specimen and for conducting the analysis to

2-39  determine the genetic markers of the [blood.] specimen. The fee:

2-40  (a) Must be stated separately in the judgment of the court or on the

2-41  docket of the court;

2-42  (b) Must be collected from the defendant before or at the same time that

2-43  any fine imposed by the court is collected from the defendant; and

2-44  (c) Must not be deducted from any fine imposed by the court.

2-45  2.  All money that is collected pursuant to subsection 1 must be paid by

2-46  the clerk of the court to the county treasurer on or before the fifth day of

2-47  each month for the preceding month.

2-48  3.  The board of county commissioners of each county shall by

2-49  ordinance create in the county treasury a fund to be designated as the fund

3-1  for genetic marker testing. The county treasurer shall deposit money that is

3-2  collected pursuant to subsection 2 in the fund for genetic marker testing.

3-3  The money must be accounted for separately within the fund.

3-4    4.  Each month, the county treasurer shall use the money deposited in

3-5  the fund for genetic marker testing to pay for the actual amount charged to

3-6  the county for obtaining [samples of blood from defendants] a biological

3-7  specimen from a defendant pursuant to NRS 176.0913.

3-8    5.  If money remains in the fund after the county treasurer makes the

3-9  payments required by subsection 4, the county treasurer shall pay the

3-10  remaining money each month to the forensic laboratory that is designated

3-11  by the county pursuant to NRS 176.0917 to conduct or oversee genetic

3-12  marker testing for the county. A forensic laboratory that receives money

3-13  pursuant to this subsection shall use the money to:

3-14  (a) Maintain and purchase equipment and supplies relating to genetic

3-15  marker testing, including, but not limited to, equipment and supplies

3-16  required by the Federal Bureau of Investigation for participation in CODIS;

3-17  and

3-18  (b) Pay for the training and continuing education, including, but not

3-19  limited to, the reasonable travel expenses, of employees of the forensic

3-20  laboratory who conduct or oversee genetic marker testing.

3-21  Sec. 3.  NRS 179A.075 is hereby amended to read as follows:

3-22  179A.075  1.  The central repository for Nevada records of criminal

3-23  history is hereby created within the Nevada highway patrol division of the

3-24  department.

3-25  2.  Each agency of criminal justice and any other agency dealing with

3-26  crime or delinquency of children shall:

3-27  (a) Collect and maintain records, reports and compilations of statistical

3-28  data required by the department; and

3-29  (b) Submit the information collected to the central repository in the

3-30  manner recommended by the advisory committee and approved by the

3-31  director of the department.

3-32  3.  Each agency of criminal justice shall submit the information relating

3-33  to sexual offenses and other records of criminal history that it creates or

3-34  issues, and any information in its possession relating to the genetic markers

3-35  of [the blood and the secretor status of the saliva] a biological specimen of

3-36  a person who is convicted of [sexual assault or any other sexual offense,]

3-37  an offense listed in subsection 4 of NRS 176.0913, to the division in the

3-38  manner prescribed by the director of the department. The information must

3-39  be submitted to the division:

3-40  (a) Through an electronic network;

3-41  (b) On a medium of magnetic storage; or

3-42  (c) In the manner prescribed by the director of the

3-43  department,

3-44  within the period prescribed by the director of the department. If an agency

3-45  has submitted a record regarding the arrest of a person who is later

3-46  determined by the agency not to be the person who committed the

3-47  particular crime, the agency shall, immediately upon making that

3-48  determination, so notify the division. The division shall delete all

3-49  references in the central repository relating to that particular arrest.

4-1    4.  The division shall, in the manner prescribed by the director of the

4-2  department:

4-3    (a) Collect, maintain and arrange all information submitted to it relating

4-4  to:

4-5       (1) Sexual offenses and other records of criminal history; and

4-6       (2) The genetic markers of [the blood and the secretor status of the

4-7  saliva] a biological specimen of a person who is convicted of [sexual

4-8  assault or any other sexual offense.] an offense listed in subsection 4 of

4-9  NRS 176.0913.

4-10  (b) When practicable, use a record of the personal identifying

4-11  information of a subject as the basis for any records maintained regarding

4-12  him.

4-13  (c) Upon request, provide the information that is contained in the central

4-14  repository to the state disaster identification team of the division of

4-15  emergency management of the department . [of motor vehicles and public

4-16  safety.]

4-17  5.  The division may:

4-18  (a) Disseminate any information which is contained in the central

4-19  repository to any other agency of criminal justice;

4-20  (b) Enter into cooperative agreements with federal and state repositories

4-21  to facilitate exchanges of information that may be disseminated pursuant to

4-22  paragraph (a); and

4-23  (c) Request of and receive from the Federal Bureau of Investigation

4-24  information on the background and personal history of any person whose

4-25  record of fingerprints the central repository submits to the Federal Bureau

4-26  of Investigation and:

4-27      (1) Who has applied to any agency of the State of Nevada or any

4-28  political subdivision thereof for a license which it has the power to grant or

4-29  deny;

4-30      (2) With whom any agency of the State of Nevada or any political

4-31  subdivision thereof intends to enter into a relationship of employment or a

4-32  contract for personal services;

4-33      (3) About whom any agency of the State of Nevada or any political

4-34  subdivision thereof has a legitimate need to have accurate personal

4-35  information for the protection of the agency or the persons within its

4-36  jurisdiction; or

4-37      (4) For whom such information is required to be obtained pursuant to

4-38  NRS 449.179.

4-39  6.  The central repository shall:

4-40  (a) Collect and maintain records, reports and compilations of statistical

4-41  data submitted by any agency pursuant to subsection 2.

4-42  (b) Tabulate and analyze all records, reports and compilations of

4-43  statistical data received pursuant to this section.

4-44  (c) Disseminate to federal agencies engaged in the collection of

4-45  statistical data relating to crime information which is contained in the

4-46  central repository.

4-47  (d) Investigate the criminal history of any person who:

4-48     (1) Has applied to the superintendent of public instruction for a

4-49  license;

5-1       (2) Has applied to a county school district for employment; or

5-2       (3) Is employed by a county school district,

5-3  and notify the superintendent of each county school district and the

5-4  superintendent of public instruction if the investigation of the central

5-5  repository indicates that the person has been convicted of a violation of

5-6  NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a

5-7  felony or any offense involving moral turpitude.

5-8    (e) Upon discovery, notify the superintendent of each county school

5-9  district by providing him with a list of all persons:

5-10      (1) Investigated pursuant to paragraph (d); or

5-11      (2) Employed by a county school district whose fingerprints were

5-12  sent previously to the central repository for investigation,

5-13  who the central repository’s records indicate have been convicted of a

5-14  violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or

5-15  convicted of a felony or any offense involving moral turpitude since the

5-16  central repository’s initial investigation. The superintendent of each county

5-17  school district shall determine whether further investigation or action by

5-18  the district is appropriate.

5-19  (f) Investigate the criminal history of each person who submits

5-20  fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or

5-21  449.179.

5-22  (g) On or before July 1 of each year, prepare and present to the

5-23  governor a printed annual report containing the statistical data relating to

5-24  crime received during the preceding calendar year. Additional reports may

5-25  be presented to the governor throughout the year regarding specific areas

5-26  of crime if they are recommended by the advisory committee and approved

5-27  by the director of the department.

5-28  (h) On or before July 1 of each year, prepare and submit to the director

5-29  of the legislative counsel bureau, for submission to the legislature, or the

5-30  legislative commission when the legislature is not in regular session, a

5-31  report containing statistical data about domestic violence in this state.

5-32  (i) Identify and review the collection and processing of statistical data

5-33  relating to criminal justice and the delinquency of children by any agency

5-34  identified in subsection 2, and make recommendations for any necessary

5-35  changes in the manner of collecting and processing statistical data by any

5-36  such agency.

5-37  7.  The central repository may:

5-38  (a) At the recommendation of the advisory committee and in the manner

5-39  prescribed by the director of the department, disseminate compilations of

5-40  statistical data and publish statistical reports relating to crime or the

5-41  delinquency of children.

5-42  (b) Charge a reasonable fee for any publication or special report it

5-43  distributes relating to data collected pursuant to this section. The central

5-44  repository may not collect such a fee from an agency of criminal justice,

5-45  any other agency dealing with crime or the delinquency of children which

5-46  is required to submit information pursuant to subsection 2 or the state

5-47  disaster identification team of the division of emergency management of

5-48  the department . [of motor vehicles and public safety.] All money collected

6-1  pursuant to this paragraph must be used to pay for the cost of operating the

6-2  central repository.

6-3    (c) In the manner prescribed by the director of the department, use

6-4  electronic means to receive and disseminate information contained in the

6-5  central repository that it is authorized to disseminate pursuant to the

6-6  provisions of this chapter.

6-7    8.  As used in this section:

6-8    (a) “Advisory committee” means the committee established by the

6-9  director of the department pursuant to NRS 179A.078.

6-10  (b) “Personal identifying information” means any information designed,

6-11  commonly used or capable of being used, alone or in conjunction with any

6-12  other information, to identify a person, including, without limitation:

6-13      (1) The name, driver’s license number, social security number, date

6-14  of birth and photograph or computer generated image of a person; and

6-15      (2) The fingerprints, voiceprint, retina image and iris image of a

6-16  person.

6-17  Sec. 4.  NRS 56.020 is hereby amended to read as follows:

6-18  56.020  1.  Whenever it is relevant in a civil or criminal action to

6-19  determine the parentage or identity of any person or corpse, the court, by

6-20  order, may direct any party to the action and the person involved in the

6-21  controversy to submit to one or more [blood or saliva tests,] tests to obtain

6-22  a biological specimen to determine the genetic markers of the specimen,

6-23  to be made by qualified persons, under such restrictions and directions as

6-24  the court deems proper. [The tests may include analysis of a person’s blood

6-25  to determine its genetic markers and of a person’s saliva to determine its

6-26  secretor status.]

6-27  2.  Whenever a test is ordered and made, the results of the test may be

6-28  received in evidence. The order for the tests also may direct that the

6-29  testimony of the experts and of the persons so examined may be taken by

6-30  deposition. The opinion of any expert concerning results of blood tests may

6-31  be weighted in accordance with evidence, if available, of the statistical

6-32  probability of the alleged blood relationship. The court shall determine

6-33  how and by whom the costs of the examination must be paid.

6-34  Sec. 5.  The amendatory provisions of this act do not apply to a person

6-35  who is sentenced before October 1, 2001.

 

6-36  H