(Reprinted with amendments adopted on March 27, 2003)

 

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)

(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; 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.  NRS 176.0913 is hereby amended to read as

1-2  follows:

1-3  176.0913  1.  If a defendant is convicted of an offense listed in

1-4  subsection 4, the court, at sentencing, shall order that:

1-5  (a) The name, social security number, date of birth and any other

1-6  information identifying the defendant be submitted to the Central

1-7  Repository for Nevada Records of Criminal History; and

1-8  (b) A biological specimen be obtained from the defendant

1-9  pursuant to the provisions of this section and that the specimen be

1-10  used for an analysis to determine the genetic markers of the

1-11  specimen.

1-12      2.  If the defendant is committed to the custody of the

1-13  Department of Corrections, the Department of Corrections shall

1-14  arrange for the biological specimen to be obtained from the

2-1  defendant. The Department of Corrections shall provide

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

2-3  the county in which the defendant was convicted to conduct or

2-4  oversee genetic marker testing for the county pursuant to

2-5  NRS 176.0917.

2-6  3.  If the defendant is not committed to the custody of the

2-7  Department of Corrections, the Division shall arrange for

2-8  the biological specimen to be obtained from the defendant. The

2-9  Division shall provide the specimen to the forensic laboratory that

2-10  has been designated by the county in which the defendant was

2-11  convicted to conduct or oversee genetic marker testing for the

2-12  county pursuant to NRS 176.0917. Any cost that is incurred to

2-13  obtain a biological specimen from a defendant pursuant to this

2-14  subsection is a charge against the county in which the defendant was

2-15  convicted and must be paid as provided in NRS 176.0915.

2-16      4.  [The] Except as otherwise provided in subsection 5, the

2-17  provisions of subsection 1 apply to a defendant who is convicted of:

2-18      (a) A category A felony;

2-19      (b) A category B felony;

2-20      (c) A category C felony involving the use or threatened use of

2-21  force or violence against the victim;

2-22      (d) A crime against a child as defined in NRS 179D.210;

2-23      (e) A sexual offense as defined in NRS 179D.410;

2-24      (f) Abuse or neglect of an older person pursuant to

2-25  NRS 200.5099;

2-26      (g) A second or subsequent offense for stalking pursuant to

2-27  NRS 200.575; [or]

2-28      (h) An attempt or conspiracy to commit an offense listed in [this

2-29  subsection.] paragraphs (a) to (g), inclusive;

2-30      (i) Failing to register with a local law enforcement agency

2-31  after being convicted of a crime against a child as required

2-32  pursuant to NRS 179D.240; or

2-33      (j) Failing to register with a local law enforcement agency

2-34  after being convicted of a sexual offense as required pursuant to

2-35  NRS 179D.450.

2-36      5.  A court shall not order a biological specimen to be

2-37  obtained from a defendant who has previously submitted such a

2-38  specimen for conviction of a prior offense unless the court

2-39  determines that an additional sample is necessary.

2-40      Sec. 2.  The provisions of subsection 1 of NRS 354.599 do not

2-41  apply to any additional expenses of a local government that are

2-42  related to the provisions of this act.

2-43      Sec. 3.  This act becomes effective upon passage and approval.

 

2-44  H