Nevada § 176.0913 - Biological specimen to be obtained from certain defendants; identifying information submitted to Central Repository; genetic marker analysis; release of information; costs

§ 176.0913. Biological specimen to be obtained from certain defendants; identifying information submitted to Central Repository; genetic marker analysis; release of information; costs

1. If a defendant is convicted of an offense listed in subsection 4: (a) The name, social security number, date of birth, fingerprints and any other information

identifying the defendant must be submitted to the Central Repository for Nevada Records

of Criminal History; and (b) Unless a biological specimen was previously obtained upon arrest pursuant to NRS 176.09123 , a biological specimen must be obtained from the defendant pursuant to the provisions

of this section and the specimen must be used for a genetic marker analysis. If a biological specimen was previously obtained upon arrest pursuant to NRS 176.09123 , the court shall notify the Central Repository for Nevada Records of Criminal History,

who in turn shall notify the appropriate forensic laboratory. 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 analysis 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 analysis 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 felony; (b) A crime against a child as defined in NRS 179D.0357 ; (c) A sexual offense as defined in NRS 179D.097 ; (d) Abuse or neglect of an older person or a vulnerable person pursuant to NRS 200.5099 ; (e) A second or subsequent offense for stalking pursuant to NRS 200.575 ; (f) An attempt or conspiracy to commit an offense listed in paragraphs (a) to (e),

inclusive; (g) 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), (d),

(e) or (f); or (2) Convicted in another jurisdiction of committing an offense that would constitute

an offense listed in paragraph (a), (d), (e) or (f) if committed in this State; (h) Failing to register with a local law enforcement agency after being convicted

of a crime against a child as required pursuant to NRS 179D.450 ; or (i) Failing to register with a local law enforcement agency after being convicted

of a sexual offense as required pursuant to NRS 179D.450 . 5. If it is determined that a defendant's biological specimen has previously been

submitted for conviction of a prior offense, an additional sample is not required. 6. Except as otherwise authorized by federal law or by specific statute, a biological

specimen obtained pursuant to this section, the DNA profile, the DNA record and any

other information identifying or matching a biological specimen with a person must

not be shared with or disclosed to any person other than the authorized personnel

who have possession and control of the biological specimen, the DNA profile, the DNA

record or other information identifying or matching a biological specimen with a person,

except pursuant to: (a) A court order; or (b) A request from a law enforcement agency during the course of an investigation. 7. A person who violates any provision of subsection 6 is guilty of a category C felony

and shall be punished as provided in NRS 193.130 .