Biological specimen to be obtained from certain defendants; identifying information submitted to Central Repository; costs.
1. If a defendant is convicted of an offense listed in subsection 4, the court, at sentencing, shall order that:
(a) The name, social security number, date of birth and any other information identifying the defendant be submitted to the Central Repository for Nevada Records of Criminal History; and
(b) A biological specimen be obtained from the defendant pursuant to the provisions of this section and that the specimen be used for an analysis to determine the genetic markers of the specimen.
2. If the defendant is committed to the custody of the Department of Corrections, the Department of Corrections shall arrange for the biological specimen to be obtained from the defendant. The Department of Corrections shall provide the specimen to the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917.
3. If the defendant is not committed to the custody of the Department of Corrections, the Division shall arrange for the biological specimen to be obtained from the defendant. The Division shall provide the specimen to the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917. Any cost that is incurred to obtain a biological specimen from a defendant pursuant to this subsection is a charge against the county in which the defendant was convicted and must be paid as provided in NRS 176.0915.
4. Except as otherwise provided in subsection 5, the provisions of subsection 1 apply to a defendant who is convicted of:
(a) A category A felony;
(b) A category B felony;
(c) A category C felony involving the use or threatened use of force or violence against the victim;
(d) A crime against a child as defined in NRS 179D.210;
(e) A sexual offense as defined in NRS 179D.410;
(f) Abuse or neglect of an older person pursuant to NRS 200.5099;
(g) A second or subsequent offense for stalking pursuant to NRS 200.575;
(h) An attempt or conspiracy to commit an offense listed in paragraphs (a) to (g), inclusive;
(i) Failing to register with a local law enforcement agency as a convicted person as required pursuant to NRS 179C.100, if the defendant previously was:
(1) Convicted in this State of committing an offense listed in paragraph (a), (b), (c), (f), (g) or (h); or
(2) Convicted in another jurisdiction of committing an offense that would constitute an offense listed in paragraph (a), (b), (c), (f), (g) or (h) if committed in this State;
(j) Failing to register with a local law enforcement agency after being convicted of a crime against a child as required pursuant to NRS 179D.240; or
(k) Failing to register with a local law enforcement agency after being convicted of a sexual offense as required pursuant to NRS 179D.450.
5. A court shall not order a biological specimen to be obtained from a defendant who has previously submitted such a specimen for conviction of a prior offense unless the court determines that an additional sample is necessary.
Last modified: February 25, 2006