Assembly Bill No. 55–Assemblymen Anderson, Parks, Buckley, Claborn, Conklin, Horne, Manendo, Oceguera and Williams (by request)

 

February 10, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Provides for collection of biological specimens for genetic testing from certain persons. (BDR 14‑330)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

CONTAINS UNFUNDED MANDATE (§§ 1, 3)

(Not Requested by Affected Local Government)

 

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

 

AN ACT relating to criminal procedure; providing that a local law enforcement agency may cause a biological specimen to be submitted to the Combined DNA Indexing System if a person who is being investigated submits the specimen voluntarily or pursuant to a court order; expanding the crimes for which a defendant is required to submit a biological specimen when he is found guilty; 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

1-2  thereto a new section to read as follows:

1-3  1.  If a person who is being investigated for committing a

1-4  crime in this state offers or is ordered by a court to provide to a

1-5  local law enforcement agency a biological specimen to be used for

1-6  an analysis to determine the genetic markers of the specimen, the

1-7  local law enforcement agency shall arrange for the biological

1-8  specimen to be obtained from the person.

1-9  2.  After obtaining the biological specimen, the local law

1-10  enforcement agency shall provide the specimen to the forensic

2-1  laboratory that has been designated by the county in which the

2-2  defendant was convicted to conduct or oversee genetic marker

2-3  testing for the county pursuant to NRS 176.0917 to determine the

2-4  genetic markers of the specimen.

2-5  3.  The local law enforcement agency may direct the forensic

2-6  laboratory, to the extent authorized by federal law, to submit the

2-7  biological specimen to CODIS upon completion of the genetic

2-8  marker testing of the specimen.

2-9  4.  Any cost that is incurred to obtain a biological specimen

2-10  pursuant to this section is a charge against the county in which

2-11  the investigation is being conducted.

2-12      Sec. 2.  NRS 176.0911 is hereby amended to read as follows:

2-13      176.0911  As used in NRS 176.0911 to 176.0917, inclusive,

2-14  and section 1 of this act, unless the context otherwise requires,

2-15  “CODIS” means the Combined DNA Indexing System operated by

2-16  the Federal Bureau of Investigation.

2-17      Sec. 3. 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, 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

2-22  Repository for Nevada Records of Criminal History; and

2-23      (b) A biological specimen be obtained from the defendant

2-24  pursuant to the provisions of this section and that the specimen be

2-25  used for an analysis to determine the genetic markers of the

2-26  specimen.

2-27      2.  If the defendant is committed to the custody of the

2-28  Department of Corrections, the Department of Corrections shall

2-29  arrange for the biological specimen to be obtained from the

2-30  defendant. The Department of Corrections shall provide

2-31  the specimen to the forensic laboratory that has been designated by

2-32  the county in which the defendant was convicted to conduct or

2-33  oversee genetic marker testing for the county pursuant to

2-34  NRS 176.0917.

2-35      3.  If the defendant is not committed to the custody of the

2-36  Department of Corrections, the Division shall arrange for

2-37  the biological specimen to be obtained from the defendant. The

2-38  Division shall provide the specimen to the forensic laboratory that

2-39  has been designated by the county in which the defendant was

2-40  convicted to conduct or oversee genetic marker testing for the

2-41  county pursuant to NRS 176.0917. Any cost that is incurred to

2-42  obtain a biological specimen from a defendant pursuant to this

2-43  subsection is a charge against the county in which the defendant was

2-44  convicted and must be paid as provided in NRS 176.0915.

3-1  4.  [The] Except as otherwise provided in subsection 5, the

3-2  provisions of subsection 1 apply to a defendant who is convicted of:

3-3  (a) A category A felony;

3-4  (b) A category B felony;

3-5  (c) A category C felony involving the use or threatened use of

3-6  force or violence against the victim;

3-7  (d) A crime against a child as defined in NRS 179D.210;

3-8  (e) A sexual offense as defined in NRS 179D.410;

3-9  (f) Abuse or neglect of an older person pursuant to

3-10  NRS 200.5099;

3-11      (g) A second or subsequent offense for stalking pursuant to

3-12  NRS 200.575; [or]

3-13      (h) An attempt or conspiracy to commit an offense listed in [this

3-14  subsection.] paragraphs (a) to (g), inclusive;

3-15      (i) Failing to register with a local law enforcement agency as a

3-16  convicted person as required pursuant to NRS 179C.100;

3-17      (j) Failing to register with a local law enforcement agency

3-18  after being convicted of a crime against a child as required

3-19  pursuant to NRS 179D.240; or

3-20      (k) Failing to register with a local law enforcement agency

3-21  after being convicted of a sexual offense as required pursuant to

3-22  NRS 179D.450.

3-23      5.  A court shall not order a biological specimen to be

3-24  obtained from a defendant who has previously submitted such a

3-25  specimen for conviction of a prior offense unless the court

3-26  determines that an additional sample is necessary.

3-27      Sec. 4.  NRS 176.0917 is hereby amended to read as follows:

3-28      176.0917  1.  The board of county commissioners of each

3-29  county shall designate a forensic laboratory to conduct or oversee

3-30  for the county any genetic marker testing that is ordered or arranged

3-31  pursuant to NRS 176.0913 [or, 176.0916.] , 176.0916 or section 1

3-32  of this act.

3-33      2.  The forensic laboratory designated by the board of county

3-34  commissioners pursuant to subsection 1:

3-35      (a) Must be operated by this state or one of its political

3-36  subdivisions; and

3-37      (b) Must satisfy or exceed the standards for quality assurance

3-38  that are established by the Federal Bureau of Investigation for

3-39  participation in CODIS.

3-40      Sec. 5.  The provisions of subsection 1 of NRS 354.599 do not

3-41  apply to any additional expenses of a local government that are

3-42  related to the provisions of this act.

3-43      Sec. 6.  This act becomes effective upon passage and approval.

 

3-44  H