S.B. 321
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SENATE BILL NO. 321–SENATORS KRASNER, D. HARRIS,
SEEVERS GANSERT; NGUYEN, PAZINA AND SCHEIBLE
MARCH 20, 2023
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JOINT SPONSORS: ASSEMBLYMEN THOMAS, GORELOW,
MCARTHUR, KASAMA; MARZOLA, C.H. MILLER,
ORENTLICHER, PETERS, TAYLOR AND WATTS
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Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to crimes. (BDR 14-550)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to evidence; prohibiting a law enforcement agency
or forensic laboratory from taking certain actions relating
to the DNA profile and DNA record of a survivor of
sexual assault; expanding certain prohibitions against the
use of certain evidence secured in connection with an
investigation or prosecution of a sexual assault; requiring
certain entities to conduct an audit of certain biological
specimens, DNA profiles and DNA records, to the extent
money is available; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law establishes the Sexual Assault Survivors’ Bill of Rights, which 1
grants a survivor certain rights relating to the investigation or prosecution of an 2
alleged sexual assault perpetrated against the survivor. (Chapter 178A of NRS) 3
Among other requirements, the Bill of Rights grants a survivor the right to not have 4
forensic evidence from a sexual assault used: (1) to prosecute the survivor for any 5
misdemeanor or offense related to a controlled substance; or (2) as a basis to search 6
for further evidence of any unrelated misdemeanor or any offense related to a 7
controlled substance that may have been committed by the survivor. (NRS 8
178A.260) Section 6 of this bill expands this right by prohibiting a law 9
enforcement agency from using any biological evidence obtained from a survivor: 10
(1) to prosecute the survivor for any crime; (2) as a basis to search for further 11
evidence of any criminal offense that may have been committed by the survivor; or 12
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(3) for any other purpose that is not directly related to the investigation or 13
prosecution of the alleged sexual assault of the survivor, unless such action is 14
otherwise required by state or federal law. 15
Existing law prescribes requirements relating to certain biological evidence 16
secured in connection with an investigation or prosecution of a criminal offense. 17
(NRS 176.0912) With limited exception, section 3 of this bill prohibits a law 18
enforcement agency from sharing with or disclosing to any person or entity any 19
biological evidence of a survivor secured in connection with the investigation or 20
prosecution of the alleged sexual assault of the survivor. Section 2 of this bill 21
defines the term “biological evidence” for purposes of the Bill of Rights. Section 4 22
of this bill makes a conforming change to indicate the proper placement of section 23
2 in the Nevada Revised Statutes. Section 5 makes a conforming change related to 24
the definition of “biological evidence” set forth in section 2. 25
Existing law prescribes certain requirements relating to sexual assault forensic 26
medical kits. Among other requirements, existing law requires: (1) a law 27
enforcement agency to submit a sexual assault forensic evidence kit to the 28
appropriate forensic laboratory; and (2) a forensic laboratory to accept and analyze 29
such evidence and upload a DNA profile obtained from such evidence to CODIS or 30
the State DNA Database. (NRS 178A.220, 200.3786) With limited exception, 31
section 3 prohibits a law enforcement agency or forensic laboratory from: (1) 32
including the DNA profile of a survivor obtained from the sexual assault forensic 33
evidence kit of the survivor in any database that allows for the storage and 34
exchange of DNA records; or (2) sharing with or disclosing to any person or entity, 35
the DNA profile of a survivor, a DNA record of the survivor or any other 36
information identifying or matching biological evidence with the survivor. 37
Section 7 of this bill requires, to the extent money is available for this purpose, 38
the Central Repository for Nevada Records of Criminal History, the State DNA 39
Database and each forensic laboratory to: (1) conduct an audit of certain biological 40
specimens, DNA profiles and DNA records; and (2) submit the results of the audit 41
to the Joint Interim Standing Committee on Judiciary and the Director of the 42
Legislative Counsel Bureau on or before January 1, 2024. 43
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 178A of NRS is hereby amended by 1
adding thereto the provisions set forth as sections 2 and 3 of this act. 2
Sec. 2. “Biological evidence” has the meaning ascribed to it 3
in NRS 176.0912 and includes, without limitation, a sexual assault 4
forensic evidence kit. 5
Sec. 3. 1. Except as otherwise required by state or federal 6
law, a law enforcement agency or forensic laboratory shall not: 7
(a) Include the DNA profile of a survivor obtained from the 8
sexual assault forensic evidence kit of the survivor in any database 9
that allows for the storage and exchange of DNA records; or 10
(b) Share with or disclose to any person or entity, including, 11
without limitation, any other law enforcement agency or forensic 12
laboratory, the DNA profile of a survivor obtained from the sexual 13
assault forensic evidence kit of the survivor, a DNA record of the 14
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survivor or any other information identifying or matching 1
biological evidence with the survivor, except pursuant to: 2
(1) A court order; or 3
(2) A request from another law enforcement agency, if the 4
law enforcement agency determines that such action is necessary 5
to identify or prosecute the person who committed the alleged 6
sexual assault of the survivor. 7
2. Except as otherwise required by state or federal law, a law 8
enforcement agency that has in its possession or custody any 9
biological evidence of a survivor secured in connection with the 10
investigation or prosecution of the alleged sexual assault of the 11
survivor shall not share such evidence with or disclose such 12
evidence to any person or entity, including, without limitation, any 13
other law enforcement agency, except pursuant to: 14
(a) A court order; or 15
(b) A request from another law enforcement agency, if the law 16
enforcement agency determines that such action is necessary to 17
identify or prosecute the person who committed the alleged sexual 18
assault of the survivor. 19
3. As used in this section: 20
(a) “Any database” includes, without limitation, the State DNA 21
Database, CODIS or any other database that allows for the 22
storage and exchange of DNA records, including, without 23
limitation, any local, state or national database. 24
(b) “DNA record” means a database record stored in any 25
database, that includes the DNA profile of a person and data 26
required to manage the record. 27
Sec. 4. NRS 178A.020 is hereby amended to read as follows: 28
178A.020 As used in this chapter, unless the context otherwise 29
requires, the words and terms defined in NRS 178A.030 to 30
178A.140, inclusive, and section 2 of this act have the meanings 31
ascribed to them in those sections. 32
Sec. 5. NRS 178A.220 is hereby amended to read as follows: 33
178A.220 1. A survivor has the right to prompt genetic 34
marker analysis of a sexual assault forensic evidence kit pursuant to 35
NRS 200.3786. 36
2. A sexual assault forensic evidence kit must be transported to 37
a forensic laboratory and analyzed pursuant to NRS 200.3786, 38
unless the survivor requests in writing at any time before such 39
analysis, for the forensic laboratory to defer analysis of the sexual 40
assault forensic evidence kit. 41
3. Biological evidence [, including, without limitation, a sexual 42
assault forensic evidence kit,] secured in connection with the 43
investigation or prosecution of a criminal case must be preserved 44
and stored in accordance with the provisions of this subsection and 45
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NRS 176.0912. A sexual assault forensic evidence kit that is in the 1
custody of an agency of criminal justice must be retained for: 2
(a) If the sexual assault forensic evidence kit is associated with 3
an uncharged or unsolved sexual assault, at least 50 years. 4
(b) If the sexual assault forensic evidence kit is associated with 5
an unreported or anonymous sexual assault, at least 20 years. 6
4. If a survivor has requested to defer analysis pursuant to 7
subsection 2, the survivor may request that the forensic laboratory 8
analyze the sexual assault forensic evidence kit at any later date 9
before the expiration of the retention period pursuant to 10
subsection 3. 11
5. A survivor has the right to the information regarding the 12
timeline of the genetic marker analysis of sexual assault forensic 13
evidence kits pursuant to NRS 200.3786. 14
Sec. 6. NRS 178A.260 is hereby amended to read as follows: 15
178A.260 [Forensic] A law enforcement agency shall not use 16
any biological evidence obtained from a [sexual assault may not be 17
used:] survivor: 18
1. To prosecute [a] the survivor for any [: 19
(a) Misdemeanor; or 20
(b) Offense related to a controlled substance.] crime; 21
2. As a basis to search for further evidence of [any unrelated 22
misdemeanor or] any criminal offense [related to a controlled 23
substance] that may have been committed by the survivor [.] ; or 24
3. For any other purpose that is not directly related to the 25
investigation or prosecution of the alleged sexual assault of the 26
survivor, unless such action is otherwise required by state or 27
federal law. 28
Sec. 7. 1. To the extent money is available for this purpose, 29
the Central Repository, the State DNA Database and each forensic 30
laboratory shall: 31
(a) Conduct an audit of any biological specimen, DNA profile or 32
DNA record stored or maintained in the Central Repository, the 33
State DNA Database or forensic laboratory, as applicable, for the 34
period beginning on January 1, 2021, and ending on December 31, 35
2021. Any such audit must: 36
(1) Include, without limitation, an examination and analysis 37
of compliance with NRS 176.0911 to 176.0919, inclusive; and 38
(2) Identify the number of DNA profiles that should have 39
been collected during the period beginning on January 1, 2021, and 40
ending on December 31, 2021, and were not collected during that 41
period; and 42
(b) Submit the results of the audit to the Joint Interim Standing 43
Committee on Judiciary and the Director of the Legislative Counsel 44
Bureau on or before January 1, 2024. 45
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2. As used in this section: 1
(a) “Biological specimen” has the meaning ascribed to it in 2
NRS 176.09112. 3
(b) “Central Repository” means the Central Repository for 4
Nevada Records of Criminal History. 5
(c) “DNA profile” has the meaning ascribed to it in 6
NRS 176.09115. 7
(d) “DNA record” has the meaning ascribed to it in 8
NRS 176.09116. 9
(e) “Forensic laboratory” has the meaning ascribed to it in 10
NRS 176.09117. 11
(f) “State DNA database” means the database established by 12
NRS 176.09121. 13
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