NRS 176.09187
Genetic marker analysis: Motion for new trial authorized when results favorable to petitioner

  • petitioner deemed to consent to submission, release and use of certain information
  • costs
  • remedy not exclusive.

1.

If the results of a genetic marker analysis performed pursuant to this section and NRS 176.0918 and 176.09183 are favorable to the petitioner:

(a)

The petitioner may bring a motion for a new trial based on the ground of newly discovered evidence pursuant to NRS 176.515; and

(b)

The restriction on the time for filing the motion set forth in subsection 3 of NRS 176.515 is not applicable.

2.

For the purposes of a genetic marker analysis pursuant to this section and NRS 176.0918 and 176.09183, a person who files a petition pursuant to NRS 176.0918 shall be deemed to consent to the:

(a)

Submission of a biological specimen by the petitioner to determine genetic marker information; and

(b)

Release and use of genetic marker information concerning the petitioner.

3.

The petitioner shall pay the cost of a genetic marker analysis performed pursuant to this section and NRS 176.0918 and 176.09183, unless the petitioner is incarcerated at the time the petitioner files the petition, found to be indigent pursuant to NRS 171.188 and the results of the genetic marker analysis are favorable to the petitioner. If the petitioner is not required to pay the cost of the analysis pursuant to this subsection, the expense of an analysis ordered pursuant to this section and NRS 176.0918 and 176.09183 is a charge against the Department of Corrections and must be paid upon approval by the Board of State Prison Commissioners as other claims against the State are paid.

4.

The remedy provided by this section and NRS 176.0918 and 176.09183 is in addition to, is not a substitute for and is not exclusive of any other remedy, right of action or proceeding available to a person convicted of a crime.

Source: Section 176.09187 — Genetic marker analysis: Motion for new trial authorized when results favorable to petitioner; petitioner deemed to consent to submission, release and use of certain information; costs; remedy not exclusive., https://www.­leg.­state.­nv.­us/NRS/NRS-176.­html#NRS176Sec09187.

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

§ 176.09187’s source at nv​.us