Assembly Bill No. 54–Assemblyman Anderson
Prefiled January 29, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to time within
which prosecution for certain felonies must be commenced and certain provisions
concerning genetic marker testing. (BDR 14‑296)
FISCAL NOTE: Effect on Local Government: Yes.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along
left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to criminal procedure; revising the provisions relating to the time within
which a prosecution for kidnapping, attempted murder or certain aggravated
stalking offenses must be commenced; revising certain provisions concerning
genetic marker testing to refer to obtaining a “biological specimen”; providing
for genetic marker testing of certain persons who reside in this state and who
are convicted of certain crimes in other states; 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 171.083
is hereby amended to read as follows:
1-2 171.083 1. If, at any time during the period of
limitation prescribed
1-3 in NRS 171.085 and 171.095,
a victim of a sexual assault ,
kidnapping,
1-4 attempted murder or felony aggravated stalking, or a person authorized to
1-5 act on behalf of such a victim , [of a sexual assault]
files with a law
1-6 enforcement officer a
written report concerning the [sexual
assault,]
1-7 offense, the period of limitation prescribed in NRS 171.085 and 171.095 is
1-8 removed and there is no
limitation of the time within which a prosecution
1-9 for the [sexual assault]
offense must be
commenced.
1-10 2. If a written report is
filed with a law enforcement officer pursuant to
1-11 subsection 1, the law
enforcement officer shall provide a copy of the
1-12 written report to the victim
or the person authorized to act on behalf of the
1-13 victim.
1-14 3. If a victim of a sexual
assault , kidnapping, attempted
murder or
1-15 felony aggravated stalking is under a disability during any part of the
1-16 period of limitation
prescribed in NRS 171.085 and 171.095 and a written
1-17 report concerning the [sexual assault]
offense is not
otherwise filed
2-1 pursuant to subsection 1,
the period during which the victim is under the
2-2 disability must be excluded
from any calculation of the period of limitation
2-3 prescribed in 171.085 and
171.095.
2-4 4. For the purposes of this
section, a victim [of a sexual assault] is
2-5 under a disability if the
victim is insane, mentally retarded, mentally
2-6 incompetent or in a
medically comatose or vegetative state.
2-7 5. As used in this section [, “law] :
2-8 (a) “Felony aggravated
stalking” means the crime of aggravated
2-9 stalking for which the penalty prescribed is a felony.
2-10 (b) “Law enforcement officer” means:
2-11 [(a)] (1) A
prosecuting attorney;
2-12 [(b)] (2) A
sheriff of a county or his deputy;
2-13 [(c)] (3) An
officer of a metropolitan police department or a police
2-14 department of an
incorporated city; or
2-15 [(d)] (4) Any
other person upon whom some or all of the powers of a
2-16 peace officer are conferred
pursuant to NRS 289.150 to 289.360, inclusive.
2-17 Sec. 2. NRS 176.0913 is hereby amended to read as follows:
2-18 176.0913 1. If a defendant is convicted of an offense
listed in
2-19 subsection [4,] 6, the court, at
sentencing, shall order that:
2-20 (a) The name, social security number, date of birth and any other
2-21 information identifying the
defendant be submitted to the central repository
2-22 for Nevada records of
criminal history; and
2-23 (b) [Samples of blood] A biological specimen be obtained from the
2-24 defendant pursuant to the
provisions of this section and that the [samples]
2-25 specimen be used for an analysis to determine the genetic markers of the
2-26 [blood.] specimen.
2-27 2. If the defendant is
committed to the custody of the department of
2-28 prisons, the department of
prisons shall arrange for the [samples of
blood]
2-29 biological specimen to be obtained from the defendant. The department of
2-30 prisons shall provide the [samples of blood]
specimen to the
forensic
2-31 laboratory that has been
designated by the county in which the defendant
2-32 was convicted to conduct or
oversee genetic marker testing for the county
2-33 pursuant to NRS 176.0917.
2-34 3. If the defendant is not
committed to the custody of the department
2-35 of prisons, the division
shall arrange for the [samples of blood] biological
2-36 specimen to be obtained from the defendant. The division shall provide the
2-37 [samples of blood] specimen to the forensic laboratory that has
been
2-38 designated by the county in
which the defendant was convicted to conduct
2-39 or oversee genetic marker
testing for the county pursuant to NRS
2-40 176.0917.
2-41 4. If a defendant who resides in this state is
or has been convicted in
2-42 another jurisdiction of violating a law that prohibits the same or
similar
2-43 conduct as an offense listed in subsection 6 and the defendant is
subject
2-44 to the provisions of The Interstate Compact for the Supervision of
2-45 Parolees and Probationers, the division shall arrange for the
biological
2-46 specimen to be obtained from the defendant. The division shall
provide
2-47 the specimen to the forensic laboratory that has been designated by
the
2-48 county in which the defendant is residing to conduct or oversee
genetic
2-49 marker testing for the county pursuant to NRS 176.0917.
3-1 5. Any cost that is incurred to obtain [the samples of blood from the] a
3-2 biological specimen from a defendant pursuant to [this]
subsection 3 or 4
3-3 is a charge against the
county in which the defendant was convicted and
3-4 must be paid as provided in
NRS 176.0915.
3-5 [4.] 6. The provisions of subsection 1 apply to a
defendant who is
3-6 convicted of : [any of: the following offenses:]
3-7 (a) A crime against a child as defined in NRS 179D.210 ; [.]
3-8 (b) A sexual offense as defined in NRS 179D.410 ; [.]
3-9 (c) Murder, manslaughter or any other unlawful killing pursuant to
NRS
3-10 200.010 to 200.260,
inclusive ; [.]
3-11 (d) Mayhem pursuant to NRS 200.280 ; [.]
3-12 (e) Administering poison or another noxious or destructive substance
or
3-13 liquid with intent to cause
death pursuant to NRS 200.390 ; [.]
3-14 (f) Battery with intent to commit a crime pursuant to NRS 200.400 ; [.]
3-15 (g) Battery which is committed with the use of a deadly weapon or
3-16 which results in substantial
bodily harm pursuant to NRS 200.481
; [.]
3-17 (h) Abuse or neglect of an older person pursuant to NRS 200.5099 ; [.]
3-18 (i) A second or subsequent offense for stalking pursuant to NRS
3-19 200.575 ; [.]
3-20 (j) Burglary pursuant to NRS 205.060 ; [.]
3-21 (k) Invasion of the home pursuant to NRS 205.067 [.] ; or
3-22 (l) An attempt to commit an offense listed in this subsection.
3-23 Sec. 3. NRS 176.0915 is hereby amended to read as follows:
3-24 176.0915 1. If the court orders that [samples of blood]
a biological
3-25 specimen be obtained from a defendant pursuant to NRS 176.0913, the
3-26 court, in addition to any
other penalty, shall order the defendant, to the
3-27 extent of his financial
ability, to pay the sum of [$250] $150 as a fee for
3-28 obtaining the [samples of blood]
specimen and for
conducting the analysis
3-29 to determine the genetic
markers of the [blood.] specimen. The fee:
3-30 (a) Must be stated separately in the judgment of the court or on
the
3-31 docket of the court;
3-32 (b) Must be collected from the defendant before or at the same time
that
3-33 any fine imposed by the
court is collected from the defendant; and
3-34 (c) Must not be deducted from any fine imposed by the court.
3-35 2. All money that is
collected pursuant to subsection 1 must be paid by
3-36 the clerk of the court to
the county treasurer on or before the fifth day of
3-37 each month for the preceding
month.
3-38 3. The board of county
commissioners of each county shall by
3-39 ordinance create in the
county treasury a fund to be designated as the fund
3-40 for genetic marker testing.
The county treasurer shall deposit money that is
3-41 collected pursuant to
subsection 2 in the fund for genetic marker testing.
3-42 The money must be accounted
for separately within the fund.
3-43 4. Each month, the county
treasurer shall use the money deposited in
3-44 the fund for genetic marker
testing to pay for the actual amount charged to
3-45 the county for obtaining [samples of blood from defendants] a
biological
3-46 specimen from a defendant pursuant to NRS 176.0913.
3-47 5. If money remains in the
fund after the county treasurer makes the
3-48 payments required by
subsection 4, the county treasurer shall pay the
3-49 remaining money each month
to the forensic laboratory that is designated
4-1 by the county pursuant to
NRS 176.0917 to conduct or oversee genetic
4-2 marker testing for the
county. A forensic laboratory that receives money
4-3 pursuant to this subsection
shall use the money to:
4-4 (a) Maintain and purchase equipment and supplies relating to
genetic
4-5 marker testing, including,
but not limited to, equipment and supplies
4-6 required by the Federal
Bureau of Investigation for participation in CODIS;
4-7 and
4-8 (b) Pay for the training and continuing education, including, but
not
4-9 limited to, the reasonable
travel expenses, of employees of the forensic
4-10 laboratory who conduct or
oversee genetic marker testing.
4-11 Sec. 4. NRS 179A.075 is hereby amended to read as follows:
4-12 179A.075 1. The central repository for Nevada records of
criminal
4-13 history is hereby created
within the Nevada highway patrol division of the
4-14 department.
4-15 2. Each agency of criminal
justice and any other agency dealing with
4-16 crime or delinquency of
children shall:
4-17 (a) Collect and maintain records, reports and compilations of
statistical
4-18 data required by the
department; and
4-19 (b) Submit the information collected to the central repository in
the
4-20 manner recommended by the
advisory committee and approved by the
4-21 director of the department.
4-22 3. Each agency of criminal
justice shall submit the information relating
4-23 to sexual offenses and other
records of criminal history that it creates or
4-24 issues, and any information
in its possession relating to the genetic markers
4-25 of [the blood and the secretor status of the saliva] a biological specimen of
4-26 a person who is convicted of
[sexual assault or any
other sexual offense,]
4-27 an offense listed in subsection 6 of NRS 176.0913, to the division in the
4-28 manner prescribed by the
director of the department. The information must
4-29 be submitted to the
division:
4-30 (a) Through an electronic network;
4-31 (b) On a medium of magnetic storage; or
4-32 (c) In the manner prescribed by the director of the department,
4-33 within the period prescribed
by the director of the department. If an agency
4-34 has submitted a record
regarding the arrest of a person who is later
4-35 determined by the agency not
to be the person who committed the
4-36 particular crime, the agency
shall, immediately upon making that
4-37 determination, so notify the
division. The division shall delete all
4-38 references in the central
repository relating to that particular arrest.
4-39 4. The division shall, in
the manner prescribed by the director of the
4-40 department:
4-41 (a) Collect, maintain and arrange all information submitted to it
relating
4-42 to:
4-43 (1) Sexual offenses and other records of criminal history; and
4-44 (2) The genetic markers of [the blood and the secretor status of the
4-45 saliva] a biological specimen of a person who is
convicted of [sexual
4-46 assault or any other sexual offense.] an offense listed in subsection 6 of
4-47 NRS 176.0913.
5-1 (b) When practicable, use a record of the personal identifying
5-2 information of a subject as
the basis for any records maintained regarding
5-3 him.
5-4 (c) Upon request, provide the information that is contained in the
central
5-5 repository to the state
disaster identification team of the division of
5-6 emergency management of the
department . [of motor vehicles and public
5-7 safety.]
5-8 5. The division may:
5-9 (a) Disseminate any information which is contained in the central
5-10 repository to any other
agency of criminal justice;
5-11 (b) Enter into cooperative agreements with federal and state
repositories
5-12 to facilitate exchanges of
information that may be disseminated pursuant to
5-13 paragraph (a); and
5-14 (c) Request of and receive from the Federal Bureau of Investigation
5-15 information on the
background and personal history of any person whose
5-16 record of fingerprints the
central repository submits to the Federal Bureau
5-17 of Investigation and:
5-18 (1) Who has applied to any agency of the State of Nevada or any
5-19 political subdivision
thereof for a license which it has the power to grant or
5-20 deny;
5-21 (2) With whom any agency of the State of Nevada or any political
5-22 subdivision thereof intends
to enter into a relationship of employment or a
5-23 contract for personal
services;
5-24 (3) About whom any agency of the State of Nevada or any political
5-25 subdivision thereof has a
legitimate need to have accurate personal
5-26 information for the
protection of the agency or the persons within its
5-27 jurisdiction; or
5-28 (4) For whom such information is required to be obtained pursuant
to
5-29 NRS 449.179.
5-30 6. The central repository
shall:
5-31 (a) Collect and maintain records, reports and compilations of
statistical
5-32 data submitted by any agency
pursuant to subsection 2.
5-33 (b) Tabulate and analyze all records, reports and compilations of
5-34 statistical data received
pursuant to this section.
5-35 (c) Disseminate to federal agencies engaged in the collection of
5-36 statistical data relating to
crime information which is contained in the
5-37 central repository.
5-38 (d) Investigate the criminal history of any person who:
5-39 (1) Has applied to the
superintendent of public instruction for a
5-40 license;
5-41 (2) Has applied to a county school district for employment; or
5-42 (3) Is employed by a county school district,
5-43 and notify the
superintendent of each county school district and the
5-44 superintendent of public
instruction if the investigation of the central
5-45 repository indicates that
the person has been convicted of a violation of
5-46 NRS 200.508, 201.230,
453.3385, 453.339 or 453.3395, or convicted of a
5-47 felony or any offense
involving moral turpitude.
5-48 (e) Upon discovery, notify the superintendent of each county school
5-49 district by providing him
with a list of all persons:
6-1 (1) Investigated pursuant to paragraph (d); or
6-2 (2) Employed by a county school district whose fingerprints were
6-3 sent previously to the
central repository for investigation,
6-4 who the central repository’s
records indicate have been convicted of a
6-5 violation of NRS 200.508,
201.230, 453.3385, 453.339 or 453.3395, or
6-6 convicted of a felony or any
offense involving moral turpitude since the
6-7 central repository’s initial
investigation. The superintendent of each county
6-8 school district shall
determine whether further investigation or action by
6-9 the district is appropriate.
6-10 (f) Investigate the criminal history of each person who submits
6-11 fingerprints or has his
fingerprints submitted pursuant to NRS 449.176 or
6-12 449.179.
6-13 (g) On or before July 1 of each year, prepare and present to the
6-14 governor a printed annual
report containing the statistical data relating to
6-15 crime received during the
preceding calendar year. Additional reports may
6-16 be presented to the governor
throughout the year regarding specific areas
6-17 of crime if they are
recommended by the advisory committee and approved
6-18 by the director of the
department.
6-19 (h) On or before July 1 of each year, prepare and submit to the
director
6-20 of the legislative counsel
bureau, for submission to the legislature, or the
6-21 legislative commission when
the legislature is not in regular session, a
6-22 report containing
statistical data about domestic violence in this state.
6-23 (i) Identify and review the collection and processing of
statistical data
6-24 relating to criminal justice
and the delinquency of children by any agency
6-25 identified in subsection 2,
and make recommendations for any necessary
6-26 changes in the manner of
collecting and processing statistical data by any
6-27 such agency.
6-28 7. The central repository
may:
6-29 (a) At the recommendation of the advisory committee and in the
manner
6-30 prescribed by the director
of the department, disseminate compilations of
6-31 statistical data and publish
statistical reports relating to crime or the
6-32 delinquency of children.
6-33 (b) Charge a reasonable fee for any publication or special report
it
6-34 distributes relating to data
collected pursuant to this section. The central
6-35 repository may not collect
such a fee from an agency of criminal justice,
6-36 any other agency dealing
with crime or the delinquency of children which
6-37 is required to submit
information pursuant to subsection 2 or the state
6-38 disaster identification team
of the division of emergency management of
6-39 the department . [of motor vehicles and public safety.] All money collected
6-40 pursuant to this paragraph
must be used to pay for the cost of operating the
6-41 central repository.
6-42 (c) In the manner prescribed by the director of the department, use
6-43 electronic means to receive
and disseminate information contained in the
6-44 central repository that it
is authorized to disseminate pursuant to the
6-45 provisions of this chapter.
6-46 8. As used in this section:
6-47 (a) “Advisory committee” means the committee established by the
6-48 director of the department
pursuant to NRS 179A.078.
7-1 (b) “Personal identifying information” means any information
designed,
7-2 commonly used or capable of
being used, alone or in conjunction with any
7-3 other information, to
identify a person, including, without limitation:
7-4 (1) The name, driver’s license number, social security number,
date
7-5 of birth and photograph or
computer generated image of a person; and
7-6 (2) The fingerprints, voiceprint, retina image and iris image of
a
7-7 person.
7-8 Sec. 5. NRS 56.020 is hereby amended to read as follows:
7-9 56.020 1. Whenever it is relevant in a civil or criminal
action to
7-10 determine the parentage or
identity of any person or corpse, the court, by
7-11 order, may direct any party
to the action and the person involved in the
7-12 controversy to submit to one
or more [blood or saliva tests,] tests to obtain
7-13 a biological specimen to determine the genetic markers of the
specimen,
7-14 to be made by qualified
persons, under such restrictions and directions as
7-15 the court deems proper. [The tests may include analysis of a person’s blood
7-16 to determine its genetic markers and of a person’s saliva to
determine its
7-17 secretor status.]
7-18 2. Whenever a test is
ordered and made, the results of the test may be
7-19 received in evidence. The
order for the tests also may direct that the
7-20 testimony of the experts and
of the persons so examined may be taken by
7-21 deposition. The opinion of
any expert concerning results of blood tests may
7-22 be weighted in accordance
with evidence, if available, of the statistical
7-23 probability of the alleged
blood relationship. The court shall determine
7-24 how and by whom the costs of
the examination must be paid.
7-25 Sec. 6. The provisions of subsection 1 of NRS 354.599 do not apply
7-26 to any additional expenses
of a local government that are related to the
7-27 provisions of this act.
7-28 Sec. 7. The amendatory provisions of section 1 of this act apply to a
7-29 person who committed a
kidnapping, attempted murder or felony
7-30 aggravated stalking before
the effective date of this act if the applicable
7-31 statute of limitations has
commenced but has not yet expired on the
7-32 effective date of this act.
7-33 Sec. 8. The amendatory provisions of sections 2 to 5, inclusive, of this
7-34 act do not apply to offenses
committed before the effective date of this act.
7-35 Sec. 9. This act becomes effective upon passage and approval.
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