NRS 176.09129
Storage and maintenance of biological specimen, DNA profile, DNA record and information

  • release of information
  • confidentiality
  • penalty for unauthorized disclosure of information.

1.

The biological specimen, DNA profile, DNA record and any other information identifying or matching a biological specimen with a person must, at all times, be stored and maintained in the forensic laboratory, State DNA Database or CODIS, as applicable, and may only be made available in accordance with the provisions of this section. The biological specimen, DNA profile, DNA record, other information identifying or matching a biological specimen with a person and all computer software used by the forensic laboratory and the State DNA Database for the State DNA Database and for CODIS are confidential and are not public books or records within the meaning of NRS 239.010.

2.

If any information related to a biological specimen, DNA profile or DNA record contained in CODIS is requested, the forensic laboratory shall comply with all applicable provisions of federal law and all applicable statutes and regulations governing the release of such information. All requests for any such information must be directed through the casework CODIS administrator of the forensic laboratory. To minimize duplication in the collection of a biological specimen and the conducting of a genetic marker analysis, a forensic laboratory may make information available to any agency of criminal justice to verify whether a biological specimen has been collected from a person and a genetic marker analysis has been conducted.

3.

Except as otherwise authorized by this section or NRS 176.09123, 176.09125 or 176.09127, by federal law or by another specific statute, a biological specimen obtained pursuant to NRS 176.09123, a DNA profile, a DNA record and any other information identifying or matching a biological specimen with a person must not be shared with or disclosed to any person other than the authorized personnel who have possession and control of the biological specimen, DNA profile, DNA record or other information identifying or matching a biological specimen with a person, except pursuant to:

(a)

A court order; or

(b)

A request from a law enforcement agency during the course of an investigation.
Ê A person who violates any provision of this subsection is guilty of a category C felony and shall be punished as provided in NRS 193.130.

Source: Section 176.09129 — Storage and maintenance of biological specimen, DNA profile, DNA record and information; release of information; confidentiality; penalty for unauthorized disclosure of information., https://www.­leg.­state.­nv.­us/NRS/NRS-176.­html#NRS176Sec09129.

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

Feb. 5, 2021

§ 176.09129’s source at nv​.us