NRS 176.0912
Biological evidence secured in connection with investigation or prosecution

  • required preservation.

1.

Except as otherwise provided in this section, upon the conviction of a defendant for a category A or B felony, an agency of criminal justice that has in its possession or custody any biological evidence secured in connection with the investigation or prosecution of the defendant shall preserve such evidence until the expiration of any sentence imposed on the defendant.

2.

Biological evidence subject to the requirements of this section may be consumed for testing upon notice to the defendant.

3.

An agency of criminal justice may establish procedures for:

(a)

Retaining probative samples of biological evidence subject to the requirements of this section; and

(b)

Disposing of bulk evidence that does not affect the suitability of such probative samples for testing.

4.

The provisions of this section must not be construed to restrict or limit an agency of criminal justice from establishing procedures for the retention, preservation and disposal of biological evidence secured in connection with other criminal cases.

5.

As used in this section, “biological evidence” means any semen, blood, saliva, hair, skin tissue or other identified biological material removed from physical evidence.

Source: Section 176.0912 — Biological evidence secured in connection with investigation or prosecution; required preservation., https://www.­leg.­state.­nv.­us/NRS/NRS-176.­html#NRS176Sec0912.

176.0911
Definitions. 176.0912
Biological evidence secured in connection with investigation or prosecution 176.0913
Biological specimen to be obtained from certain defendants 176.0915
Fee for obtaining biological specimen and for analysis 176.0916
Biological specimen to be obtained from certain probationers and parolees 176.0917
County to designate forensic laboratory to conduct or oversee analysis 176.0918
Petition requesting genetic marker analysis by person convicted of felony 176.0919
Execution stayed pending results of genetic marker analysis. 176.09111
“Agency of criminal justice” defined. 176.09112
“Biological specimen” defined. 176.09113
“CODIS” defined. 176.09114
“DNA” defined. 176.09115
“DNA profile” defined. 176.09116
“DNA record” defined. 176.09117
“Forensic laboratory” defined. 176.09118
“Genetic marker analysis” defined. 176.09119
“State DNA Database” defined. 176.09121
State DNA Database: Establishment 176.09123
Collection of biological specimen from persons arrested for felony 176.09125
Destruction of biological specimen and purging of DNA record: Grounds 176.09127
Payment of costs for obtaining biological specimen, destroying biological specimen and purging DNA record. 176.09129
Storage and maintenance of biological specimen, DNA profile, DNA record and information 176.09165
Establishment of standard form concerning use and destruction of biological specimen and purging of DNA record 176.09173
Powers and duties of forensic laboratory 176.09177
Limitation on civil and criminal liability for acts relating to collection of biological specimen. 176.09183
Grounds for granting or dismissing petition 176.09187
Genetic marker analysis: Motion for new trial authorized when results favorable to petitioner
Last Updated

Jun. 24, 2021

§ 176.0912’s source at nv​.us