Senate Bill No. 548–Committee on Judiciary

 

(On Behalf of Department of Motor Vehicles and
Public Safety—Directors Office)

 

March 26, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning sex offenders and other persons convicted of crimes. (BDR 14‑512)

 

FISCAL NOTE:    Effect on Local Government: Yes.

                                 Effect on the State: Yes.

 

CONTAINS UNFUNDED MANDATE (§§ 1, 3)

(Not Requested by Affected Local Government)

 

~

 

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

 

AN ACT relating to criminal justice; expanding the types of specimens that may be used for genetic marker testing of certain offenders; expanding genetic marker testing to offenders who are convicted of conspiring to commit certain offenses; expanding genetic marker testing to certain probationers and parolees who are subject to supervision pursuant to an interstate compact; revising provisions relating to psychosexual evaluations and the process of certifying whether certain sex offenders may be granted probation; revising provisions relating to the restoration of civil rights of certain offenders who are honorably discharged from probation; revising provisions relating to the collection and maintenance of genetic marker information by the central repository for Nevada records of criminal history; 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.  Chapter 176 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  If the division is supervising a probationer or parolee pursuant to

1-4  an interstate compact and the probationer or parolee is or has been

1-5  convicted in another jurisdiction of violating a law that prohibits the

1-6  same or similar conduct as an offense listed in subsection 4 of NRS

1-7  176.0911, the division shall arrange for a biological specimen to be

1-8  obtained from the probationer or parolee.

1-9    2.  After a biological specimen is obtained from a probationer or

1-10  parolee pursuant to this section, the division shall:

2-1    (a) Provide the biological specimen to the forensic laboratory that has

2-2  been designated by the county in which the probationer or parolee is

2-3  residing to conduct or oversee genetic marker testing for the county

2-4  pursuant to NRS 176.0917; and

2-5    (b) Submit the name, social security number, date of birth and any

2-6  other information identifying the probationer or parolee to the central

2-7  repository for Nevada records of criminal history.

2-8    3.  Any cost that is incurred to obtain a biological specimen from a

2-9  probationer or parolee pursuant to this section is a charge against the

2-10  county in which the probationer or parolee is residing.

2-11    Sec. 2.  NRS 176.0911 is hereby amended to read as follows:

2-12    176.0911  As used in NRS 176.0911 to 176.0917, inclusive, and

2-13  section 1 of this act, unless the context otherwise requires, “CODIS”

2-14  means the Combined DNA Indexing System operated by the Federal

2-15  Bureau of Investigation.

2-16    Sec. 3.  NRS 176.0913 is hereby amended to read as follows:

2-17    176.0913  1.  If a defendant is convicted of an offense listed in

2-18  subsection 4, the court, at sentencing, shall order that:

2-19    (a) The name, social security number, date of birth and any other

2-20  information identifying the defendant be submitted to the central repository

2-21  for Nevada records of criminal history; and

2-22    (b) [Samples of blood] A biological specimen be obtained from the

2-23  defendant pursuant to the provisions of this section and that the [samples]

2-24  biological specimen be used for an analysis to determine the genetic

2-25  markers of the [blood.] biological specimen.

2-26    2.  If the defendant is committed to the custody of the department of

2-27  prisons, the department of prisons shall arrange for the [samples of blood]

2-28  biological specimen to be obtained from the defendant. The department of

2-29  prisons shall provide the [samples of blood] biological specimen to the

2-30  forensic laboratory that has been designated by the county in which the

2-31  defendant was convicted to conduct or oversee genetic marker testing for

2-32  the county pursuant to NRS 176.0917.

2-33    3.  If the defendant is not committed to the custody of the department

2-34  of prisons, the division shall arrange for the [samples of blood] biological

2-35  specimen to be obtained from the defendant. The division shall provide the

2-36  [samples of blood] biological specimen to the forensic laboratory that has

2-37  been designated by the county in which the defendant was convicted to

2-38  conduct or oversee genetic marker testing for the county pursuant to NRS

2-39  176.0917. Any cost that is incurred to obtain the [samples of blood]

2-40  biological specimen from the defendant pursuant to this subsection is a

2-41  charge against the county in which the defendant was convicted and must

2-42  be paid as provided in NRS 176.0915.

2-43    4.  The provisions of subsection 1 apply to a defendant who is

2-44  convicted of any of the following offenses:

2-45    (a) A crime against a child as defined in NRS 179D.210.

2-46    (b) A sexual offense as defined in NRS 179D.410.

2-47    (c) Murder, manslaughter or any other unlawful killing pursuant to NRS

2-48  200.010 to 200.260, inclusive.

2-49    (d) Mayhem pursuant to NRS 200.280.

3-1    (e) Administering poison or another noxious or destructive substance or

3-2  liquid with intent to cause death pursuant to NRS 200.390.

3-3    (f) Battery with intent to commit a crime pursuant to NRS 200.400.

3-4    (g) Battery which is committed with the use of a deadly weapon or

3-5  which results in substantial bodily harm pursuant to NRS 200.481.

3-6    (h) Abuse or neglect of an older person pursuant to NRS 200.5099.

3-7    (i) A second or subsequent offense for stalking pursuant to NRS

3-8  200.575.

3-9    (j) Burglary pursuant to NRS 205.060.

3-10    (k) Invasion of the home pursuant to NRS 205.067.

3-11    (l) An attempt or a conspiracy to commit an offense listed in this

3-12  subsection.

3-13    Sec. 4.  NRS 176.0915 is hereby amended to read as follows:

3-14    176.0915  1.  If the court orders that [samples of blood] a biological

3-15  specimen be obtained from a defendant pursuant to NRS 176.0913, the

3-16  court, in addition to any other penalty, shall order the defendant, to the

3-17  extent of his financial ability, to pay the sum of $250 as a fee for obtaining

3-18  the [samples of blood] biological specimen and for conducting the analysis

3-19  to determine the genetic markers of the [blood.] biological specimen. The

3-20  fee:

3-21    (a) Must be stated separately in the judgment of the court or on the

3-22  docket of the court;

3-23    (b) Must be collected from the defendant before or at the same time that

3-24  any fine imposed by the court is collected from the defendant; and

3-25    (c) Must not be deducted from any fine imposed by the court.

3-26    2.  All money that is collected pursuant to subsection 1 must be paid by

3-27  the clerk of the court to the county treasurer on or before the fifth day of

3-28  each month for the preceding month.

3-29    3.  The board of county commissioners of each county shall by

3-30  ordinance create in the county treasury a fund to be designated as the fund

3-31  for genetic marker testing. The county treasurer shall deposit money that is

3-32  collected pursuant to subsection 2 in the fund for genetic marker testing.

3-33  The money must be accounted for separately within the fund.

3-34    4.  Each month, the county treasurer shall use the money deposited in

3-35  the fund for genetic marker testing to pay for the actual amount charged to

3-36  the county for obtaining [samples of blood] biological specimens from

3-37  defendants pursuant to NRS 176.0913[.] and from probationers and

3-38  parolees pursuant to section 1 of this act.

3-39    5.  If money remains in the fund after the county treasurer makes the

3-40  payments required by subsection 4, the county treasurer shall pay the

3-41  remaining money each month to the forensic laboratory that is designated

3-42  by the county pursuant to NRS 176.0917 to conduct or oversee genetic

3-43  marker testing for the county. A forensic laboratory that receives money

3-44  pursuant to this subsection shall use the money to:

3-45    (a) Maintain and purchase equipment and supplies relating to genetic

3-46  marker testing, including, but not limited to, equipment and supplies

3-47  required by the Federal Bureau of Investigation for participation in CODIS;

3-48  and

4-1    (b) Pay for the training and continuing education, including, but not

4-2  limited to, the reasonable travel expenses, of employees of the forensic

4-3  laboratory who conduct or oversee genetic marker testing.

4-4    Sec. 5.  NRS 176.0917 is hereby amended to read as follows:

4-5    176.0917  1.  The board of county commissioners of each county shall

4-6  designate a forensic laboratory to conduct or oversee for the county any

4-7  genetic marker testing that is ordered or arranged pursuant to NRS

4-8  176.0913[.] or section 1 of this act.

4-9    2.  The forensic laboratory designated by the board of county

4-10  commissioners pursuant to subsection 1:

4-11    (a) Must be operated by this state or one of its political subdivisions;

4-12  and

4-13    (b) Must satisfy or exceed the standards for quality assurance that are

4-14  established by the Federal Bureau of Investigation for participation in

4-15  CODIS.

4-16    Sec. 6. NRS 176.139 is hereby amended to read as follows:

4-17    176.139  1.  If a defendant is convicted of a sexual offense for which

4-18  the suspension of sentence or the granting of probation is permitted, the

4-19  division shall arrange for a psychosexual evaluation of the defendant as

4-20  part of the division’s presentence investigation and report to the court.

4-21    2.  The psychosexual evaluation of the defendant must be conducted by

4-22  a person professionally qualified to conduct psychosexual evaluations.

4-23    3.  The person who conducts the psychosexual evaluation of the

4-24  defendant must use diagnostic tools that are generally accepted as being

4-25  within the standard of care for the evaluation of sex offenders, and the

4-26  psychosexual evaluation of the defendant must include:

4-27    (a) A comprehensive clinical interview with the defendant; and

4-28    (b) A review of all investigative reports relating to the defendant’s

4-29  sexual offense and all statements made by victims of that offense.

4-30    4.  The psychosexual evaluation of the defendant may include:

4-31    (a) A review of records relating to previous criminal offenses

4-32  committed by the defendant;

4-33    (b) A review of records relating to previous evaluations and treatment

4-34  of the defendant;

4-35    (c) A review of the defendant’s records from school;

4-36    (d) Interviews with the defendant’s parents, the defendant’s spouse or

4-37  other persons who may be significantly involved with the defendant or who

4-38  may have relevant information relating to the defendant’s background; and

4-39    (e) The use of psychological testing, polygraphic examinations and

4-40  arousal assessment.

4-41    5.  The person who conducts the psychosexual evaluation of the

4-42  defendant must be given access to all records of the defendant that are

4-43  necessary to conduct the evaluation, and the defendant shall be deemed to

4-44  have waived all rights of confidentiality and all privileges relating to those

4-45  records for the limited purpose of the evaluation.

4-46    6.  The person who conducts the psychosexual evaluation of the

4-47  defendant shall [prepare] :

4-48    (a) Prepare a comprehensive written report of the results of the

4-49  evaluation [and shall provide] ;

5-1    (b) Include in the report all information that is necessary to carry out

5-2  the provisions of NRS 176A.110; and

5-3    (c) Provide a copy of [that] the report to the division.

5-4    7.  If a psychosexual evaluation is conducted pursuant to this section,

5-5  the court shall:

5-6    (a) Order the defendant, to the extent of his financial ability, to pay for

5-7  the cost of the psychosexual evaluation; or

5-8    (b) If the defendant was less than 18 years of age when the sexual

5-9  offense was committed and the defendant was certified and convicted as an

5-10  adult, order the parents or guardians of the defendant, to the extent of their

5-11  financial ability, to pay for the cost of the psychosexual evaluation. For the

5-12  purposes of this paragraph, the court has jurisdiction over the parents or

5-13  guardians of the defendant to the extent that is necessary to carry out the

5-14  provisions of this paragraph.

5-15    Sec. 7.  NRS 176.145 is hereby amended to read as follows:

5-16    176.145  1.  The report of any presentence investigation must contain:

5-17    (a) Any prior criminal record of the defendant;

5-18    (b) Information concerning the characteristics of the defendant, his

5-19  financial condition, the circumstances affecting his behavior and the

5-20  circumstances of his offense that may be helpful in imposing sentence, in

5-21  granting probation or in the correctional treatment of the defendant;

5-22    (c) Information concerning the effect that the offense committed by the

5-23  defendant has had upon the victim, including, without limitation, any

5-24  physical or psychological harm or financial loss suffered by the victim, to

5-25  the extent that such information is available from the victim or other

5-26  sources, but the provisions of this paragraph do not require any particular

5-27  examination or testing of the victim, and the extent of any investigation or

5-28  examination is solely at the discretion of the court or the division and the

5-29  extent of the information to be included in the report is solely at the

5-30  discretion of the division;

5-31    (d) Information concerning whether the defendant has an obligation for

5-32  the support of a child, and if so, whether he is in arrears in payment on that

5-33  obligation;

5-34    (e) Data or information concerning reports and investigations thereof

5-35  made pursuant to chapter 432B of NRS that relate to the defendant and are

5-36  made available pursuant to NRS 432B.290;

5-37    (f) The results of the evaluation of the defendant conducted pursuant to

5-38  NRS 484.3796, if such an evaluation is required pursuant to that section;

5-39    (g) A recommendation of a minimum term and a maximum term of

5-40  imprisonment or other term of imprisonment authorized by statute, or a

5-41  fine, or both;

5-42    (h) A recommendation, if the division deems it appropriate, that the

5-43  defendant undergo a program of regimental discipline pursuant to NRS

5-44  176A.780;

5-45    (i) [A] If a psychosexual evaluation of the defendant is required

5-46  pursuant to NRS 176.139, a written report of the results of [a] the

5-47  psychosexual evaluation of the defendant[, if such an evaluation is

5-48  required pursuant to NRS 176.139;] and all information that is necessary

5-49  to carry out the provisions of NRS 176A.110; and

6-1    (j) Such other information as may be required by the court.

6-2    2.  The division may include in the report any additional information

6-3  that it believes may be helpful in imposing a sentence, in granting

6-4  probation or in correctional treatment.

6-5    Sec. 8.  NRS 176A.110 is hereby amended to read as follows:

6-6    176A.110  1.  The court shall not grant probation to or suspend the

6-7  sentence of a person convicted of an offense listed in subsection 3 unless

6-8  [a] :

6-9    (a) If a psychosexual evaluation of the person is required pursuant to

6-10  NRS 176.139, the person who conducts the psychosexual evaluation

6-11  certifies in the report prepared pursuant to NRS 176.139 that the person

6-12  convicted of the offense is not a menace to the health, safety or morals of

6-13  others; or

6-14    (b) If a psychosexual evaluation of the person is not required

6-15  pursuant to NRS 176.139, a psychologist licensed to practice in this state

6-16  or a psychiatrist licensed to practice medicine in this state certifies that the

6-17  person convicted of the offense is not a menace to the health, safety or

6-18  morals of others.

6-19    2.  This section does not create a right in any person to be certified or to

6-20  continue to be certified . [and no] No person may bring a cause of action

6-21  against the state, its political subdivisions, or the agencies, boards,

6-22  commissions, departments, officers or employees of the state or its

6-23  political subdivisions for not certifying a person pursuant to this section

6-24  or for refusing to consider a person for certification pursuant to this

6-25  section.

6-26    3.  The provisions of this section apply to a person convicted of any of

6-27  the following offenses:

6-28    (a) Attempted sexual assault of a person who is 16 years of age or older

6-29  pursuant to NRS 200.366.

6-30    (b) Statutory sexual seduction pursuant to NRS 200.368.

6-31    (c) Battery with intent to commit sexual assault pursuant to NRS

6-32  200.400.

6-33    (d) Abuse or neglect of a child pursuant to NRS 200.508.

6-34    (e) An offense involving pornography and a minor pursuant to NRS

6-35  200.710 to 200.730, inclusive.

6-36    (f) Incest pursuant to NRS 201.180.

6-37    (g) Solicitation of a minor to engage in acts constituting the infamous

6-38  crime against nature pursuant to NRS 201.195.

6-39    (h) Open or gross lewdness pursuant to NRS 201.210.

6-40    (i) Indecent or obscene exposure pursuant to NRS 201.220.

6-41    (j) Lewdness with a child pursuant to NRS 201.230.

6-42    (k) Sexual penetration of a dead human body pursuant to NRS 201.450.

6-43    (l) A violation of NRS 207.180.

6-44    (m) An attempt to commit an offense listed in paragraphs (b) to (l),

6-45  inclusive.

6-46    (n) Coercion or attempted coercion that is determined to be sexually

6-47  motivated pursuant to NRS 207.193.

6-48    Sec. 9.  NRS 176A.850 is hereby amended to read as follows:

6-49    176A.850  1.  A person who:

7-1    (a) Has fulfilled the conditions of his probation for the entire period

7-2  thereof;

7-3    (b) Is recommended for earlier discharge by the division; or

7-4    (c) Has demonstrated his fitness for honorable discharge but because of

7-5  economic hardship, verified by a parole and probation officer, has been

7-6  unable to make restitution as ordered by the court,

7-7  may be granted an honorable discharge from probation by order of the

7-8  court.

7-9    2.  Any amount of restitution remaining unpaid constitutes a civil

7-10  liability arising upon the date of discharge.

7-11    3.  A person honorably discharged from probation [is] :

7-12    (a) Is free from the terms and conditions of his probation ; and

7-13    (b) If he meets the requirements of NRS 176A.860, may apply to the

7-14  [court, in person or by attorney, pursuant to NRS 176A.860, for the]

7-15  division to request a restoration of his civil rights. [He] The person must

7-16  be informed of [this privilege] the provisions of this section and NRS

7-17  176A.860 in his probation papers.

7-18    4.  A person honorably discharged from probation who has had his civil

7-19  rights restored by the court:

7-20    (a) Is exempt from the requirements of chapter 179C of NRS, but is not

7-21  exempt from the requirements of chapter 179D of NRS.

7-22    (b) May vote, hold office or serve as a juror.

7-23    (c) Shall disclose the conviction to a gaming establishment and to the

7-24  state[,] and its agencies, departments, boards, commissions and political

7-25  subdivisions, if required in an application for employment, license or other

7-26  permit. As used in this paragraph, “establishment” has the meaning

7-27  ascribed to it in NRS 463.0148.

7-28    (d) Except as otherwise provided in paragraph (c), need not disclose the

7-29  conviction to an employer or prospective employer.

7-30    5.  The prior conviction of a person whose civil rights have been

7-31  restored or who has been honorably discharged from probation may be

7-32  used for purposes of impeachment. In any subsequent prosecution of the

7-33  person who has had his civil rights restored or who has been honorably

7-34  discharged from probation, the prior conviction may be pleaded and proved

7-35  if otherwise admissible.

7-36    Sec. 10.  NRS 176A.860 is hereby amended to read as follows:

7-37    176A.860  [A convicted person who]

7-38    1.  If a person is granted an honorable discharge from probation, [who

7-39  has] not sooner than 6 months after his honorable discharge, the person

7-40  may apply to the division to request a restoration of his civil rights if the

7-41  person:

7-42    (a) Has not previously been restored to his civil rights[, and who is] ;

7-43  and

7-44    (b) Has not been convicted of any offense greater than a traffic

7-45  violation[within 6 months after the discharge, may apply] after his

7-46  honorable discharge.

7-47    2.  If a person applies to the division to request a restoration of his

7-48  civil rights[. The application must be accompanied by] , the person must

7-49  submit with his application a current, certified record of [the applicant’s]

8-1  his criminal history received from the central repository for Nevada

8-2  records of criminal history. If the division determines after an investigation

8-3  that the [applicant] person meets the requirements of this section, [it] the

8-4  division shall petition the court in which the [applicant] person was

8-5  convicted for an order granting the restoration[.] of his civil rights. If the

8-6  division refuses to submit such a petition, the [applicant] person may, after

8-7  notice to the division, directly petition the court for an order granting the

8-8  restoration of his civil rights.

8-9    Sec. 11.  NRS 179A.075 is hereby amended to read as follows:

8-10    179A.075  1.  The central repository for Nevada records of criminal

8-11  history is hereby created within the Nevada highway patrol division of the

8-12  department.

8-13    2.  Each agency of criminal justice and any other agency dealing with

8-14  crime or delinquency of children shall:

8-15    (a) Collect and maintain records, reports and compilations of statistical

8-16  data required by the department; and

8-17    (b) Submit the information collected to the central repository in the

8-18  manner recommended by the advisory committee and approved by the

8-19  director of the department.

8-20    3.  Each agency of criminal justice shall submit the information relating

8-21  to sexual offenses and other records of criminal history that it creates or

8-22  issues, and any information in its possession relating to the genetic markers

8-23  of [the blood and the secretor status of the saliva of] a person who is

8-24  convicted of [sexual assault or any other sexual] a criminal offense, to the

8-25  division in the manner prescribed by the director of the department. The

8-26  information must be submitted to the division:

8-27    (a) Through an electronic network;

8-28    (b) On a medium of magnetic storage; or

8-29    (c) In the manner prescribed by the director of the department,

8-30  within the period prescribed by the director of the department. If an agency

8-31  has submitted a record regarding the arrest of a person who is later

8-32  determined by the agency not to be the person who committed the

8-33  particular crime, the agency shall, immediately upon making that

8-34  determination, so notify the division. The division shall delete all

8-35  references in the central repository relating to that particular arrest.

8-36    4.  The division shall, in the manner prescribed by the director of the

8-37  department:

8-38    (a) Collect, maintain and arrange all information submitted to it relating

8-39  to:

8-40      (1) Sexual offenses and other records of criminal history; and

8-41      (2) The genetic markers of [the blood and the secretor status of the

8-42  saliva of] a person who is convicted of [sexual assault or any other sexual]

8-43  a criminal offense.

8-44    (b) When practicable, use a record of the personal identifying

8-45  information of a subject as the basis for any records maintained regarding

8-46  him.

8-47    (c) Upon request, provide the information that is contained in the central

8-48  repository to the state disaster identification team of the division of

9-1  emergency management of the department . [of motor vehicles and public

9-2  safety.]

9-3    5.  The division may:

9-4    (a) Disseminate any information which is contained in the central

9-5  repository to any other agency of criminal justice;

9-6    (b) Enter into cooperative agreements with federal and state repositories

9-7  to facilitate exchanges of information that may be disseminated pursuant to

9-8  paragraph (a); and

9-9    (c) Request of and receive from the Federal Bureau of Investigation

9-10  information on the background and personal history of any person whose

9-11  record of fingerprints the central repository submits to the Federal Bureau

9-12  of Investigation and:

9-13      (1) Who has applied to any agency of the State of Nevada or any

9-14  political subdivision thereof for a license which it has the power to grant or

9-15  deny;

9-16      (2) With whom any agency of the State of Nevada or any political

9-17  subdivision thereof intends to enter into a relationship of employment or a

9-18  contract for personal services;

9-19      (3) About whom any agency of the State of Nevada or any political

9-20  subdivision thereof has a legitimate need to have accurate personal

9-21  information for the protection of the agency or the persons within its

9-22  jurisdiction; or

9-23      (4) For whom such information is required to be obtained pursuant to

9-24  NRS 449.179.

9-25    6.  The central repository shall:

9-26    (a) Collect and maintain records, reports and compilations of statistical

9-27  data submitted by any agency pursuant to subsection 2.

9-28    (b) Tabulate and analyze all records, reports and compilations of

9-29  statistical data received pursuant to this section.

9-30    (c) Disseminate to federal agencies engaged in the collection of

9-31  statistical data relating to crime information which is contained in the

9-32  central repository.

9-33    (d) Investigate the criminal history of any person who:

9-34      (1) Has applied to the superintendent of public instruction for a

9-35  license;

9-36      (2) Has applied to a county school district for employment; or

9-37      (3) Is employed by a county school district,

9-38  and notify the superintendent of each county school district and the

9-39  superintendent of public instruction if the investigation of the central

9-40  repository indicates that the person has been convicted of a violation of

9-41  NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a

9-42  felony or any offense involving moral turpitude.

9-43    (e) Upon discovery, notify the superintendent of each county school

9-44  district by providing him with a list of all persons:

9-45      (1) Investigated pursuant to paragraph (d); or

9-46      (2) Employed by a county school district whose fingerprints were

9-47  sent previously to the central repository for investigation,

9-48  who the central repository’s records indicate have been convicted of a

9-49  violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or

10-1  convicted of a felony or any offense involving moral turpitude since the

10-2  central repository’s initial investigation. The superintendent of each county

10-3  school district shall determine whether further investigation or action by

10-4  the district is appropriate.

10-5    (f) Investigate the criminal history of each person who submits

10-6  fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or

10-7  449.179.

10-8    (g) On or before July 1 of each year, prepare and present to the

10-9  governor a printed annual report containing the statistical data relating to

10-10  crime received during the preceding calendar year. Additional reports may

10-11  be presented to the governor throughout the year regarding specific areas

10-12  of crime if they are recommended by the advisory committee and approved

10-13  by the director of the department.

10-14  (h) On or before July 1 of each year, prepare and submit to the director

10-15  of the legislative counsel bureau, for submission to the legislature, or the

10-16  legislative commission when the legislature is not in regular session, a

10-17  report containing statistical data about domestic violence in this state.

10-18  (i) Identify and review the collection and processing of statistical data

10-19  relating to criminal justice and the delinquency of children by any agency

10-20  identified in subsection 2, and make recommendations for any necessary

10-21  changes in the manner of collecting and processing statistical data by any

10-22  such agency.

10-23  7.  The central repository may:

10-24  (a) At the recommendation of the advisory committee and in the manner

10-25  prescribed by the director of the department, disseminate compilations of

10-26  statistical data and publish statistical reports relating to crime or the

10-27  delinquency of children.

10-28  (b) Charge a reasonable fee for any publication or special report it

10-29  distributes relating to data collected pursuant to this section. The central

10-30  repository may not collect such a fee from an agency of criminal justice,

10-31  any other agency dealing with crime or the delinquency of children which

10-32  is required to submit information pursuant to subsection 2 or the state

10-33  disaster identification team of the division of emergency management of

10-34  the department . [of motor vehicles and public safety.] All money collected

10-35  pursuant to this paragraph must be used to pay for the cost of operating the

10-36  central repository.

10-37  (c) In the manner prescribed by the director of the department, use

10-38  electronic means to receive and disseminate information contained in the

10-39  central repository that it is authorized to disseminate pursuant to the

10-40  provisions of this chapter.

10-41  8.  As used in this section:

10-42  (a) “Advisory committee” means the committee established by the

10-43  director of the department pursuant to NRS 179A.078.

10-44  (b) “Personal identifying information” means any information designed,

10-45  commonly used or capable of being used, alone or in conjunction with any

10-46  other information, to identify a person, including, without limitation:

10-47     (1) The name, driver’s license number, social security number, date

10-48  of birth and photograph or computer generated image of a person; and

11-1      (2) The fingerprints, voiceprint, retina image and iris image of a

11-2  person.

11-3    Sec. 12.  NRS 56.020 is hereby amended to read as follows:

11-4    56.020  1.  Whenever it is relevant in a civil or criminal action to

11-5  determine the parentage or identity of any person or corpse, the court, by

11-6  order, may direct any party to the action and the person involved in the

11-7  controversy to submit to one or more [blood or saliva tests, to] tests to

11-8  obtain biological specimens from the party or person and to determine

11-9  the genetic markers of the biological specimens. Such tests must be made

11-10  by qualified persons, under such restrictions and directions as the court

11-11  deems proper. [The tests may include analysis of a person’s blood to

11-12  determine its genetic markers and of a person’s saliva to determine its

11-13  secretor status.]

11-14  2.  Whenever a test is ordered and made, the results of the test may be

11-15  received in evidence. The order for the tests also may direct that the

11-16  testimony of the experts and of the persons so examined may be taken by

11-17  deposition. The opinion of any expert concerning results of blood tests may

11-18  be weighted in accordance with evidence, if available, of the statistical

11-19  probability of the alleged blood relationship. The court shall determine

11-20  how and by whom the costs of the examination must be paid.

11-21  Sec. 13.  The provisions of subsection 1 of NRS 354.599 do not apply

11-22  to any additional expenses of a local government that are related to the

11-23  provisions of this act.

11-24  Sec. 14.  1.  The amendatory provisions of sections 1 to 5, inclusive,

11-25  of this act apply to:

11-26  (a) Any person who is sentenced in this state on or after October 1,

11-27  2001, whether or not the person was convicted in this state before, on or

11-28  after October 1, 2001; and

11-29  (b) Any probationer or parolee who is being supervised in this state by

11-30  the division of parole and probation pursuant to an interstate compact,

11-31  whether or not the division began such supervision before, on or after

11-32  October 1, 2001.

11-33  2.  The amendatory provisions of sections 6, 7 and 8 of this act apply to

11-34  any person who is given a psychosexual evaluation pursuant to NRS

11-35  176.139 on or after October 1, 2001, whether or not the person was

11-36  convicted before, on or after October 1, 2001.

11-37  3.  The amendatory provisions of sections 9 and 10 of this act apply to

11-38  any person who applies to the division of parole and probation of the

11-39  department of motor vehicles and public safety to request a restoration of

11-40  his civil rights pursuant to NRS 176A.860 on or after October 1, 2001,

11-41  whether or not the person was convicted before, on or after October 1,

11-42  2001.

11-43  4.  The amendatory provisions of section 11 of this act apply to any

11-44  information relating to the genetic markers of a person convicted of a

11-45  criminal offense before, on or after October 1, 2001.

11-46  5.  The amendatory provisions of section 12 of this act apply to any

11-47  action pending on or after the effective date of this act, whether or not the

11-48  action was commenced before, on or after October 1, 2001.

 

11-49  H