Nevada § 200.3786 - Sexual assault forensic evidence kits: Duties of medical provider, law enforcement agency and forensic laboratory

§ 200.3786. Sexual assault forensic evidence kits: Duties of medical provider, law enforcement agency and forensic laboratory

1. Within 72 hours after conducting a forensic medical examination, a medical provider

shall notify the law enforcement agency having jurisdiction over the alleged sexual

assault of the victim and the law enforcement agency shall take possession of the

sexual assault forensic evidence kit. 2. If a law enforcement agency determines it does not have jurisdiction over an alleged

sexual assault, the law enforcement agency shall notify the law enforcement agency

having proper jurisdiction of such an assault within 5 days after taking possession

of the sexual assault forensic evidence kit. After receiving such notice, the law enforcement agency with proper jurisdiction

shall take possession of the sexual assault forensic evidence kit. 3. Except as otherwise provided in this subsection, a law enforcement agency shall,

not later than 30 days after receiving notice pursuant to subsection 1 or 2 of a sexual

assault forensic evidence kit, submit the sexual assault forensic evidence kit to

the applicable forensic laboratory responsible for conducting a genetic marker analysis. The provisions of this subsection do not apply to any noninvestigatory sexual assault

forensic evidence kit associated with a victim who has chosen to remain anonymous. 4. A law enforcement agency shall, not later than 5 days after receiving notice of

a sexual assault forensic evidence kit, assign a criminal complaint number to the

evidence. 5. Any law enforcement agency that submits a sexual assault forensic evidence kit

to a forensic laboratory shall, immediately following such a submission, notify the

victim of the information contained in subsections 1, 2 and 3. 6. A forensic laboratory shall, not later than 120 days after receiving a sexual assault

forensic evidence kit from a law enforcement agency, test the sexual assault forensic

evidence kit, unless the victim requests, in writing, to defer the genetic marker

analysis of the sexual assault forensic evidence kit pursuant to NRS 178A.220 . 7. Upon completion of a genetic marker analysis, the forensic laboratory shall include

an eligible DNA profile obtained from the genetic marker analysis in the State DNA

Database and CODIS. 8. As used in this section: (a) “ CODIS ” has the meaning ascribed to it in NRS 176.09113 . (b) “ State DNA Database ” has the meaning ascribed to it in NRS 176.09119 .