Nevada 2023 Regular Session

Nevada Senate Bill SB321 Compare Versions

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Old	New	Differences
1	1
2	2
3	3	- 82nd Session (2023)
4	4	Senate Bill No. 321–Senators Krasner, D. Harris, Seevers Gansert,
5	5	Ohrenschall; Flores, Nguyen, Pazina, Scheible, Spearman
6	6	and Stone
7	7
8	8	Joint Sponsors: Assemblymen Thomas, Gorelow, McArthur,
9	9	Kasama; Marzola, C.H. Miller, Orentlicher, Peters, Taylor
10	10	and Watts
11	11
12	12	CHAPTER..........
13	13
14	14	AN ACT relating to evidence; prohibiting a law enforcement agency
15	15	or forensic laboratory from taking certain actions relating to
16	16	the DNA profile and DNA record of a survivor of sexual
17	17	assault; expanding certain prohibitions against the use of
18	18	certain evidence secured in connection with an investigation
19	19	or prosecution of a sexual assault; requiring certain entities to
20	20	conduct an audit of certain biological specimens, DNA
21	21	profiles and DNA records, to the extent money is available;
22	22	and providing other matters properly relating thereto.
23	23	Legislative Counsel’s Digest:
24	24	Existing law establishes the Sexual Assault Survivors’ Bill of Rights, which
25	25	grants a survivor certain rights relating to the investigation or prosecution of an
26	26	alleged sexual assault perpetrated against the survivor. (Chapter 178A of NRS)
27	27	Among other requirements, the Bill of Rights grants a survivor the right to not have
28	28	forensic evidence from a sexual assault used: (1) to prosecute the survivor for any
29	29	misdemeanor or offense related to a controlled substance; or (2) as a basis to search
30	30	for further evidence of any unrelated misdemeanor or any offense related to a
31	31	controlled substance that may have been committed by the survivor. (NRS
32	32	178A.260) Section 6 of this bill expands this right by prohibiting a law
33	33	enforcement agency from using any biological evidence obtained from the sexual
34	34	assault forensic evidence kit of a survivor or any biological evidence secured in
35	35	connection with the investigation or prosecution of the alleged sexual assault of the
36	36	survivor: (1) to prosecute the survivor for any crime; (2) as a basis to search for
37	37	further evidence of any criminal offense that may have been committed by the
38	38	survivor; or (3) for any other purpose that is not directly related to the investigation
39	39	or prosecution of the alleged sexual assault of the survivor.
40	40	Existing law prescribes requirements relating to certain biological evidence
41	41	secured in connection with an investigation or prosecution of a criminal offense.
42	42	(NRS 176.0912) With limited exception, section 3 of this bill prohibits a law
43	43	enforcement agency from sharing with or disclosing to any person or entity any
44	44	biological evidence of a survivor secured in connection with the investigation or
45	45	prosecution of the alleged sexual assault of the survivor. Section 2 of this bill
46	46	defines the term “biological evidence” for purposes of the Bill of Rights. Section 4
47	47	of this bill makes a conforming change to indicate the proper placement of section
48	48	2 in the Nevada Revised Statutes. Section 5 makes a conforming change related to
49	49	the definition of “biological evidence” set forth in section 2.
50	50	Existing law prescribes certain requirements relating to sexual assault forensic
51	51	medical kits. Among other requirements, existing law requires: (1) a law
52	52	enforcement agency to submit a sexual assault forensic evidence kit to the
53	53	appropriate forensic laboratory; and (2) a forensic laboratory to accept and analyze
54	54	– 2 –
55	55
56	56
57	57	- 82nd Session (2023)
58	58	such evidence and upload a DNA profile obtained from such evidence to CODIS or
59	59	the State DNA Database. (NRS 178A.220, 200.3786) With limited exception,
60	60	section 3 prohibits a law enforcement agency or forensic laboratory from including
61	61	the DNA profile of a survivor obtained from the sexual assault forensic evidence kit
62	62	of the survivor in any database that allows for the storage and exchange of DNA
63	63	records.
64	64	Section 7 of this bill requires, to the extent money is available for this purpose,
65	65	the Central Repository for Nevada Records of Criminal History, the State DNA
66	66	Database and each forensic laboratory to: (1) conduct an audit of certain biological
67	67	specimens, DNA profiles and DNA records; and (2) submit the results of the audit
68	68	to the Joint Interim Standing Committee on Judiciary and the Director of the
69	69	Legislative Counsel Bureau on or before January 1, 2024.
70	70
71	71	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
72	72
73	73
74	74	THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
75	75	SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
76	76
77	77	Section 1. Chapter 178A of NRS is hereby amended by
78	78	adding thereto the provisions set forth as sections 2 and 3 of this act.
79	79	Sec. 2. “Biological evidence” has the meaning ascribed to it
80	80	in NRS 176.0912 and includes, without limitation, a sexual assault
81	81	forensic evidence kit.
82	82	Sec. 3. 1. A law enforcement agency or forensic laboratory
83	83	shall not include the DNA profile of a survivor obtained from the
84	84	sexual assault forensic evidence kit of the survivor in any database
85	85	that allows for the storage and exchange of DNA records unless
86	86	the law enforcement agency or forensic laboratory is authorized to
87	87	include the DNA profile in CODIS pursuant to 34 U.S.C. §
88	88	12592(b).
89	89	2. Except as otherwise provided in subsection 3 and except as
90	90	otherwise required by state or federal law, a law enforcement
91	91	agency that has in its possession or custody any biological
92	92	evidence of a survivor secured in connection with the investigation
93	93	or prosecution of the alleged sexual assault of the survivor shall
94	94	not share such evidence with or disclose such evidence to any
95	95	person or entity, including, without limitation, any other law
96	96	enforcement agency, except pursuant to:
97	97	(a) A court order; or
98	98	(b) A request from another law enforcement agency, if the law
99	99	enforcement agency determines that such action is necessary to
100	100	identify or prosecute the person who committed the alleged sexual
101	101	assault of the survivor.
102	102	3. The provisions of subsection 2 do not apply if the
103	103	disclosure is necessary for purposes of satisfying discovery
104	104	– 3 –
105	105
106	106
107	107	- 82nd Session (2023)
108	108	obligations, including, without limitation, any obligation
109	109	prescribed by the Federal Rules of Criminal Procedure.
110	110	4. As used in this section:
111	111	(a) “Any database” includes, without limitation, the State DNA
112	112	Database, CODIS or any other database that allows for the
113	113	storage and exchange of DNA records, including, without
114	114	limitation, any local, state or national database.
115	115	(b) “DNA record” means a database record stored in any
116	116	database, that includes the DNA profile of a person and data
117	117	required to manage the record.
118	118	Sec. 4. NRS 178A.020 is hereby amended to read as follows:
119	119	178A.020 As used in this chapter, unless the context otherwise
120	120	requires, the words and terms defined in NRS 178A.030 to
121	121	178A.140, inclusive, and section 2 of this act have the meanings
122	122	ascribed to them in those sections.
123	123	Sec. 5. NRS 178A.220 is hereby amended to read as follows:
124	124	178A.220 1. A survivor has the right to prompt genetic
125	125	marker analysis of a sexual assault forensic evidence kit pursuant to
126	126	NRS 200.3786.
127	127	2. A sexual assault forensic evidence kit must be transported to
128	128	a forensic laboratory and analyzed pursuant to NRS 200.3786,
129	129	unless the survivor requests in writing at any time before such
130	130	analysis, for the forensic laboratory to defer analysis of the sexual
131	131	assault forensic evidence kit.
132	132	3. Biological evidence [, including, without limitation, a sexual
133	133	assault forensic evidence kit,] secured in connection with the
134	134	investigation or prosecution of a criminal case must be preserved
135	135	and stored in accordance with the provisions of this subsection and
136	136	NRS 176.0912. A sexual assault forensic evidence kit that is in the
137	137	custody of an agency of criminal justice must be retained for:
138	138	(a) If the sexual assault forensic evidence kit is associated with
139	139	an uncharged or unsolved sexual assault, at least 50 years.
140	140	(b) If the sexual assault forensic evidence kit is associated with
141	141	an unreported or anonymous sexual assault, at least 20 years.
142	142	4. If a survivor has requested to defer analysis pursuant to
143	143	subsection 2, the survivor may request that the forensic laboratory
144	144	analyze the sexual assault forensic evidence kit at any later date
145	145	before the expiration of the retention period pursuant to
146	146	subsection 3.
147	147	5. A survivor has the right to the information regarding the
148	148	timeline of the genetic marker analysis of sexual assault forensic
149	149	evidence kits pursuant to NRS 200.3786.
150	150	– 4 –
151	151
152	152
153	153	- 82nd Session (2023)
154	154	Sec. 6. NRS 178A.260 is hereby amended to read as follows:
155	155	178A.260 [Forensic] A law enforcement agency shall not use
156	156	any biological evidence obtained from [a sexual assault may not be
157	157	used:] the sexual assault forensic evidence kit of a survivor or any
158	158	biological evidence secured in connection with the investigation or
159	159	prosecution of the alleged sexual assault of the survivor:
160	160	1. To prosecute [a] the survivor for any [:
161	161	(a) Misdemeanor; or
162	162	(b) Offense related to a controlled substance.] crime;
163	163	2. As a basis to search for further evidence of [any unrelated
164	164	misdemeanor or] any criminal offense [related to a controlled
165	165	substance] that may have been committed by the survivor [.] ; or
166	166	3. For any other purpose that is not directly related to the
167	167	investigation or prosecution of the alleged sexual assault of the
168	168	survivor.
169	169	Sec. 7. 1. To the extent money is available for this purpose,
170	170	the Central Repository, the State DNA Database and each forensic
171	171	laboratory shall:
172	172	(a) Conduct an audit of any biological specimen, DNA profile or
173	173	DNA record stored or maintained in the Central Repository, the
174	174	State DNA Database or forensic laboratory, as applicable, for the
175	175	period beginning on January 1, 2021, and ending on December 31,
176	176	2021. Any such audit must:
177	177	(1) Include, without limitation, an examination and analysis
178	178	of compliance with NRS 176.0911 to 176.0919, inclusive; and
179	179	(2) Identify the number of DNA profiles that should have
180	180	been collected during the period beginning on January 1, 2021, and
181	181	ending on December 31, 2021, and were not collected during that
182	182	period; and
183	183	(b) Submit the results of the audit to the Joint Interim Standing
184	184	Committee on Judiciary and the Director of the Legislative Counsel
185	185	Bureau on or before January 1, 2024.
186	186	2. As used in this section:
187	187	(a) “Biological specimen” has the meaning ascribed to it in
188	188	NRS 176.09112.
189	189	(b) “Central Repository” means the Central Repository for
190	190	Nevada Records of Criminal History.
191	191	(c) “DNA profile” has the meaning ascribed to it in
192	192	NRS 176.09115.
193	193	(d) “DNA record” has the meaning ascribed to it in
194	194	NRS 176.09116.
195	195	(e) “Forensic laboratory” has the meaning ascribed to it in
196	196	NRS 176.09117.
197	197	– 5 –
198	198
199	199
200	200	- 82nd Session (2023)
201	201	(f) “State DNA database” means the database established by
202	202	NRS 176.09121.
203	203
204	204	20 ~~~~~ 23
205	205