Nevada

Recent / Pending Legislation

Arrestees: Yes, from adults only. Not Booking Station Rapid Ready – need probable cause or charges before collection.

Qualifying Crimes: Felony arrests — NRS 176.09123 requires a cheek-swab specimen from every person arrested for a felony, whether with or without a warrant (for warrantless arrests, the specimen is analyzed only after a court or magistrate confirms probable cause, and must be destroyed within 5 business days if probable cause is found lacking). Where a specimen was not already collected, the court or magistrate setting bail or considering own-recognizance release must require one as a condition of release.

If a person is arrested for a felony without a warrant, the law enforcement agency making the arrest shall:

(a) Submit the name, date of birth, fingerprints and any other information identifying the person to the Central Repository for Nevada Records of Criminal History;

(b) Upon booking the person into a city or county jail or detention facility, and before the person is released from custody, obtain a biological specimen from the person, through a cheek swab, pursuant to the provisions of this section;

(c) Submit the biological specimen to the appropriate forensic laboratory for genetic marker analysis in accordance with the provisions of this section after receiving notice that a court or magistrate has determined that probable cause existed for the person’s arrest; and

(d) If a court or magistrate determines that probable cause did not exist for the person’s arrest, destroy the biological specimen within 5 business days after receiving notice of the determination by the court or magistrate.

Time of Collection: At booking into a city or county jail or detention facility, and before release from custody. Where the specimen was not collected then, the court or magistrate setting bail or considering own-recognizance release must require it as a condition of admission to bail or release.

Expungement: A person whose criminal-history record shows specimen collection, and whose DNA profile and record entered the State DNA Database and CODIS under NRS §176.09123, may ask the Central Repository for Nevada Records of Criminal History in writing (using the Nevada Department of Public Safety DNA Expungement Application) to have the specimen destroyed and the profile and record purged from the forensic laboratory, the State DNA Database, and CODIS, on the grounds that (A) the conviction on which the authority for keeping the biological specimen or the DNA profile or DNA record has been reversed and the case dismissed or (B) the arrest which led to the inclusion of the biological specimen or the DNA profile or DNA record: (1) has resulted in a felony charge that has been resolved by a dismissal, the successful completion of a pre-prosecution diversion program pursuant to NRS §174.033, a conditional discharge, an acquittal or an agreement entered into by a prosecuting attorney and a defendant in which the defendant, in exchange for a plea of guilty, guilty but mentally ill or nolo contendere, receives a charge other than a felony; or (2) has not resulted in any additional criminal charge for a felony within 3 years after the date of the arrest. The Central Repository for Nevada Records of Criminal History shall forward the request and all supporting documentation to the forensic laboratory holding the biological specimen within 6 weeks and, upon receipt of the written request, the forensic laboratory shall destroy any biological specimen and purge the DNA profile of the person. If a court or magistrate determines that probable cause did not exist for the person’s arrest, biological specimens are destroyed within 5 business days after receiving notice of the determination by the court or magistrate. The forensic laboratory shall not destroy a biological specimen or purge the DNA profile of a person if the forensic laboratory is notified by a law enforcement agency that the person has a prior felony, a new felony arrest or a pending felony charge for which collection of a biological specimen is authorized pursuant to NRS 176.09123. A person whose record of criminal history indicates the collection of a biological specimen and whose DNA profile and DNA record have been included in the State DNA Database and CODIS pursuant to NRS § 176.09123 may make a written request to the Central Repository for Nevada Records of Criminal History, using the Nevada Department of Public Safety DNA Expungement Application, that the biological specimen be destroyed and the DNA profile and DNA record be purged from the forensic laboratory, the State DNA Database and CODIS on the grounds that (A) the conviction on which the authority for keeping the biological specimen or the DNA profile or DNA record has been reversed and the case dismissed or (B) the arrest which led to the inclusion of the biological specimen or the DNA profile or DNA record: (1) has resulted in a felony charge that has been resolved by a dismissal, the successful completion of a pre-prosecution diversion program pursuant to NRS § 174.033, a conditional discharge, an acquittal or an agreement entered into by a prosecuting attorney and a defendant in which the defendant, in exchange for a plea of guilty, guilty but mentally ill or nolo contendere, receives a charge other than a felony; or (2) has not resulted in any additional criminal charge for a felony within 3 years after the date of the arrest. If a court or magistrate determines that probable cause did not exist for the person’s arrest, biological specimens are destroyed within 5 business days after receiving notice of the determination by the court or magistrate. The forensic laboratory shall not destroy a biological specimen or purge the DNA profile of a person if the forensic laboratory is notified by a law enforcement agency that the person has a prior felony, a new felony arrest or a pending felony charge for which collection of a biological specimen is authorized pursuant to NRS 176.09123.

Statutes / Case Law

Nev. Rev. Stat. § 176.0917 – County to designate forensic laboratory to conduct or oversee analysis; criteria

§ 176.09121 – State DNA Database: Establishment; duties

§ 176.09123 – Collection of biological specimen from persons arrested for felony; submission to forensic laboratory; identifying information submitted to Central Repository; genetic marker analysis; creation of DNA profile; information included in criminal history record

§ 176.09125 – Destruction of biological specimen and purging of DNA record: Grounds; written request; duties of Central Repository, forensic laboratory and State DNA Database

§ 176.09129 – Storage and maintenance of biological specimen, DNA profile, DNA record and information; release of information; confidentiality; penalty for unauthorized disclosure of information

Convicted Offenders: Yes.

Qualifying Crimes: Any felony; crimes against a child (kidnapping, false imprisonment, involuntary servitude, sex trafficking, attempts to commit any of these, or out-of-state offenses that would qualify if committed in Nevada); sex offenses as defined in NRS § 179D.097; abuse or neglect of an older or vulnerable person; a second or subsequent stalking offense; attempts or conspiracies to commit any of the above; Failing to register with local law enforcement as a convicted person as required if previously convicted of the above crimes, or equivalent crimes in another jurisdiction, or after having been convicted of crimes against a child or a sexual offense.

Time of Collection: Unless a specimen was already obtained at arrest under NRS 176.09123, the Department of Corrections arranges collection if the defendant is committed to its custody (regardless of conviction date); otherwise the Division of Parole and Probation arranges it. See NRS 176.0913(1)–(3). [Corrected: the prior entry repeated the arrestee booking language.]

Expungement: 

Statutes / Case Law

Nev. Rev. Stat. Ann. § 176.0912 – Biological evidence secured in connection with investigation or prosecution; required preservation

2016 Nev. Op. Att’y Gen. No. 11 (Dec. 12, 2016) (“[NV Statute] requires a biological specimen to be collected from any prisoner convicted of a felony offense who is presently in the custody of the Nevada department of corrections, regardless of the date of conviction.”).

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

176.0916. Biological specimen to be obtained from certain probationers and parolees; release of information; penalty; fee for obtaining and analyzing specimen; identifying information submitted to Central Repository; creation of Fund for Genetic Marker Analysis; use of money in Fund.

176.0917 – County to designate forensic laboratory to conduct or oversee analysis; criteria.

176.09121 – State DNA Database: Establishment; duties.

176.09123. Collection of biological specimen from persons arrested for felony; submission to forensic laboratory; identifying information submitted to Central Repository; genetic marker analysis; creation of DNA profile; information included in criminal history record.

176.09125 – Destruction of biological specimen and purging of DNA record: Grounds; written request; duties of Central Repository, forensic laboratory and State DNA Database.

176.09129 – Storage and maintenance of biological specimen, DNA profile, DNA record and information; release of information; confidentiality; penalty for unauthorized disclosure of information.

2016 Nev. Op. Att’y Gen. No. 11 (Dec. 12, 2016) (“[NV Statute] requires a biological specimen to be collected from any prisoner convicted of a felony offense who is presently in the custody of the Nevada Department of Corrections, regardless of the date of conviction”).

The Nevada Supreme Court has upheld the constitutionality of the statute. See Gaines v. State, 116 Nev. 359 (2000).

Legislative History

• AB 165 (1989) → Ch. 168, approved May 18, 1989. Nevada’s first DNA collection law. Added a new section to NRS chapter 176 requiring the court, upon conviction of a sexual offense, to order the defendant to submit to blood and saliva testing — analysis of blood for genetic markers and saliva for secretor status — with results submitted to the Central Repository for Nevada Records of Criminal History. Defined “sexual offense” to reach sexual assault, statutory sexual seduction, use of a minor in producing pornography, promotion of a sexual performance of a minor, incest, and lewdness with a child. Companion amendments to NRS 179A.075 required criminal justice agencies to forward genetic marker and secretor status information to the Central Repository. The new section was codified at NRS 176.111, not 176.0913.
• SB 192 (1995) → Ch. 256, approved June 16, 1995. A sex offender bill that increased penalties, provided for lifetime supervision, and directed the Attorney General to adopt release notification guidelines. It amended NRS 176.111 to expand the definition of “sexual offense” for testing purposes, adding battery with intent to commit sexual assault (NRS 200.400), possession of a visual representation depicting sexual conduct of a person under 16 (NRS 200.730), solicitation of a minor to engage in acts constituting the infamous crime against nature (NRS 201.195), and sexual penetration of a dead human body (NRS 201.450), along with attempts and offenses determined to be sexually motivated at a hearing. The testing standard remained blood and saliva.
• SB 325 (1997) → Ch. 451, approved July 16, 1997. A large criminal justice act that established Nevada’s statewide sex offender registry and community notification program. Per its enacted title, it also expanded the provisions governing genetic marker testing of certain offenders and imposed a fee for genetic marker testing upon certain offenders. This is the act that produced the current NRS 176.0911 definitions, 176.0915 fee and county fund structure, and 176.0917 county forensic laboratory designation, and that renumbered the collection mandate to NRS 176.0913.
• AB 489 (2001) → Ch. 383. Required genetic marker analysis from offenders convicted of certain felonies and revised the testing provisions to refer to obtaining a “biological specimen” rather than blood samples, replacing that terminology throughout NRS 176.0913 and 176.0915. Restructured NRS 176.0913 into its current form, keying the mandate to “an offense listed in subsection 4” and directing the court at sentencing to order both the defendant’s identifying information submitted to the Central Repository and a specimen obtained for genetic marker analysis.
• AB 55 (2003) → Ch. 447. Expanded the crimes for which a defendant must submit a biological specimen, reaching all category A and B felony convictions and category C felonies involving force or violence. Carried alongside provisions restoring civil rights for certain ex-felons and limiting who must register as a convicted person. Also confirmed the collection chain: where the defendant is committed to the Department of Corrections, that Department arranges collection and provides the specimen to the forensic laboratory designated under NRS 176.0917 by the county of conviction.
• AB 267 (2005) → Ch. 324. A vulnerable persons bill prohibiting abuse, neglect, exploitation, and isolation of a vulnerable person and revising mandatory reporting duties. Section 16 amended NRS 176.0913 to extend the existing trigger for abuse or neglect of an older person to also cover abuse or neglect of a vulnerable person. A targeted addition rather than a categorical expansion.
• AB 92 (2007) → Ch. 225. Expanded the collection mandate from certain felonies to any felony, per the Legislative Counsel’s Digest. Also prohibited the sharing or disclosure of biological specimens and certain related information except in specified circumstances, amending both NRS 176.0913 and NRS 176.0916, and provided penalties for violations.
• AB 105 (2009) → Ch. 39. Eliminated the court-order requirement — a defendant convicted of a qualifying offense must submit a specimen for genetic marker testing without a court ordering it. Authorized a board of county commissioners to accept gifts, grants, and donations for the county’s fund for genetic marker testing, and revised the purposes for which a forensic laboratory receiving money from that fund may use it. Amended NRS 176.0915 accordingly.
• SB 243 (2013) → Ch. 252. The major structural expansion. Section 11 established the State DNA Database, overseen, managed, and administered by the Forensic Science Division of the Washoe County Sheriff’s Office, and section 12 set out forensic laboratory duties for DNA records. Section 13 required a biological specimen to be obtained from any person arrested for a felony, with the specimen kept on conviction but destroyed and all related records purged from all databases if the person is not convicted. Sections 13, 21, and 23 raised the penalty for unlawful sharing or disclosure from a misdemeanor to a category C felony, section 15 imposed an additional $3 administrative assessment on every misdemeanor, gross misdemeanor, and felony conviction to defray specimen and analysis costs, and the act created a Subcommittee to Review Arrestee DNA within the Advisory Commission on the Administration of Justice.

No program or law found.

Las Vegas Police Program, but no law found.

No program or law found.

A 2016 Attorney General opinion required DNA collection from all in-custody felony inmates regardless of conviction date; the AG’s Office got a FY2017 SAKI grant ($933,656) to expand collection.  SAKI – Nevada

No program or law found.