2001 REGULAR SESSION (71st)                                                                         A AB54 R1 663

Amendment No. 663

 

Senate Amendment to Assembly Bill No. 54  First Reprint                                                  (BDR 14‑296)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 1, lines 4 and 5, by deleting:

kidnapping, attempted murder or felony aggravated stalking,” and inserting:

kidnapping or attempted murder,”.

     Amend section 1, page 1, line 8, by deleting “12” and inserting “5”.

     Amend section 1, page 1, line 13, by deleting “section:” and inserting “section,”.

     Amend section 1, page 1, by deleting lines 14 and 15.

     Amend section 1, page 1, line 16, by deleting “(b) “Law” and inserting ““law”.

     Amend the bill as a whole by renumbering sections 4 and 5 as sections 6 and 7 and adding new sections designated sections 4 and 5, following sec. 3, to read as follows:

     “Sec. 4. Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  If the division is supervising a probationer or parolee pursuant to an interstate compact and the probationer or parolee is or has been convicted in another jurisdiction of violating a law that prohibits the same or similar conduct as an offense listed in subsection 4 of NRS 176.0913, the division shall arrange for a biological specimen to be obtained from the probationer or parolee.

     2.  After a biological specimen is obtained from a probationer or parolee pursuant to this section, the division shall:

     (a) Provide the biological specimen to the forensic laboratory that has been designated by the county in which the probationer or parolee is residing to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917; and

     (b) Submit the name, social security number, date of birth and any other information identifying the probationer or parolee to the central repository for Nevada records of criminal history.

     3.  A probationer or parolee, to the extent of his financial ability, shall pay the sum of $150 to the division as a fee for obtaining the biological specimen and for conducting the analysis to determine the genetic markers of the biological specimen. Except as otherwise provided in subsection 4, the fee required pursuant to this subsection must be collected from a probationer or parolee at the time the biological specimen is obtained from the probationer or parolee.

     4.  A probationer or parolee may arrange to make monthly payments of the fee required pursuant to subsection 3. If such arrangements are made, the division shall provide a probationer or parolee with a monthly statement that specifies the date on which the next payment is due.

     5.  Any unpaid balance for a fee required pursuant to subsection 3 is a charge against the division.

     6.  The division shall deposit money that is collected pursuant to this section in the fund for genetic marker testing, which is hereby created in the state general fund. The money deposited in the fund for genetic marker testing must be used to pay for the actual amount charged to the division for obtaining biological specimens from probationers and parolees, and for conducting an analysis to determine the genetic markers of the specimens.

     Sec. 5. NRS 176.0911 is hereby amended to read as follows:

     176.0911  As used in NRS 176.0911 to 176.0917, inclusive, and section 4 of this act, unless the context otherwise requires, “CODIS” means the Combined DNA Indexing System operated by the Federal Bureau of Investigation.”.

     Amend sec. 4, page 2, line 34, by deleting “[4,] 6,” and inserting “4,”.

     Amend sec. 4, page 3, by deleting lines 7 through 22 and inserting:

“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”.

     Amend sec. 4, page 3, line 24, by deleting “[4.] 6.” and inserting “4.”.

     Amend the bill as a whole by renumbering sections 6 and 7 as sections 9 and 10 and adding a new section designated sec. 8, following sec. 5, to read as follows:

     “Sec. 8. NRS 176.0917 is hereby amended to read as follows:

     176.0917  1.  The board of county commissioners of each county shall designate a forensic laboratory to conduct or oversee for the county any genetic marker testing that is ordered or arranged pursuant to NRS 176.0913[.] or section 4 of this act.

     2.  The forensic laboratory designated by the board of county commissioners pursuant to subsection 1:

     (a) Must be operated by this state or one of its political subdivisions; and

     (b) Must satisfy or exceed the standards for quality assurance that are established by the Federal Bureau of Investigation for participation in CODIS.”.

     Amend sec. 6, page 4, by deleting lines 48 and 49 and inserting:

“a person who is convicted of [sexual assault or any other sexual] a criminal offense, to the division in the”.

     Amend sec. 6, page 5, by deleting lines 20 and 21 and inserting:

assault or any other sexual] a criminal offense.”.

     Amend the bill as a whole by deleting sec. 8 and renumbering sections 9 through 11 as sections 11 through 13.

     Amend sec. 9, page 8, lines 2 and 3, by deleting:

“kidnapping, attempted murder or felony aggravated stalking” and inserting:

“kidnapping or attempted murder”.

     Amend sec. 10, page 8, line 6, by deleting “7,” and inserting “10,”.

     Amend the title of the bill by deleting the second and third lines and inserting:

“which a prosecution for kidnapping or attempted murder must be commenced; revising certain provisions concerning”.