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).

Added NRS 176.0911 (definitions), NRS 176.0915 (fee structure/county fund), and NRS 176.0917 (county forensic lab designation), creating Nevada’s formal CODIS participation framework.

AB 489, Chapter 383 (2001) — Biological Specimen / Offense List Revision “AN ACT relating to criminal procedure; requiring genetic marker analysis to be obtained from certain offenders convicted of certain felonies; revising certain provisions concerning genetic marker testing to refer to obtaining a ‘biological specimen’.” Changed “blood samples” to the broader “biological specimen” throughout NRS 176.0913 and NRS 176.0915; restructured the qualifying offense list.

AB 55, Chapter 447 (2003) — Expanded to Category A/B Felonies and Violent Category C “AN ACT relating to convicted persons; expanding the crimes for which a defendant is required to submit a biological specimen when he is found guilty…” Expanded DNA collection to all Category A and B felony convictions, and Category C felonies involving force or violence.

AB 267, Chapter 324 (2005) — Added Vulnerable Persons Offense Amended NRS 176.0913 to add “abuse or neglect of an older person or a vulnerable person pursuant to NRS 200.5099” to the list of DNA-triggering offenses. This was a targeted addition, not an expansion to all felonies.

AB 92, Chapter 225 (2007) — Expanded to ALL Felonies + Disclosure Prohibition “AN ACT relating to criminal procedure; expanding the crimes for which a convicted person is required to submit a biological specimen to be used for genetic marker analysis; prohibiting the sharing or disclosure of biological specimens and certain information except under certain circumstances; providing penalties.” Expanded DNA collection from specific category A/B felonies to all felonies. Added disclosure prohibition and misdemeanor penalty for violations.

AB 105, Chapter 39 (2009) — Eliminated Court Order Requirement “AN ACT relating to criminal procedure; requiring the Administrator of the Division of Parole and Probation to control the biological specimen, results of a genetic marker analysis…” Eliminated the prior requirement for a court order to collect specimens. Required the Department of Corrections and Division of Parole and Probation to collect and forward specimens directly to the designated county forensic laboratory. Also amended NRS 176.0915 (fund uses).

SB 243, Chapter 252 (2013) — Arrest-Based Collection + Formal Database Created NRS 176.09121 (State DNA Database) and NRS 176.09123 (collection mandate triggered at arrest for any felony, not just conviction). Major expansion from conviction-based to arrest-based collection.

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.