1. In addition to any other administrative assessment imposed, when a defendant pleads guilty, is found guilty or enters a plea of nolo contendere to a misdemeanor, gross misdemeanor or felony, including the violation of any municipal ordinance, on or after July 1, 2013, the justice or judge of the justice, municipal or district court, as applicable, shall include in the sentence the sum of $3 as an administrative assessment for obtaining a biological specimen and conducting a genetic marker analysis and shall render a judgment against the defendant for the assessment. If a defendant is sentenced to perform community service in lieu of a fine, the sentence must include the administrative assessment required pursuant to this subsection.
2. The money collected for an administrative assessment for obtaining a biological specimen and conducting a genetic marker analysis must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for such an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If bail is forfeited, the administrative assessment included in the bail pursuant to this subsection must be disbursed pursuant to subsection 4. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible, and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he or she has paid, and the justice or judge shall not recalculate the administrative assessment.
3. If the justice or judge permits the fine and administrative assessment for the provision of genetic marker analysis to be paid in installments, the payments must be applied in the following order:
(a) To pay the unpaid balance of an administrative assessment imposed pursuant to NRS 176.059;
(b) To pay the unpaid balance of an administrative assessment for the provision of court facilities pursuant to NRS 176.0611;
(c) To pay the unpaid balance of an administrative assessment for the provision of specialty court programs pursuant to NRS 176.0613;
(d) To pay the unpaid balance of an administrative assessment for obtaining a biological specimen and conducting a genetic marker analysis pursuant to this section; and
(e) To pay the fine.
4. The money collected for an administrative assessment for the provision of genetic marker analysis must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month for credit to the fund for genetic marker analysis pursuant to NRS 176.0915.
(Added to NRS by 2013, 1062)
Structure Nevada Revised Statutes
Chapter 176 - Judgment and Execution
NRS 176.002 - "Division" defined.
NRS 176.0121 - "Commission" defined.
NRS 176.0125 - Duties of Commission.
NRS 176.0126 - Subpoenas: Power to issue; compelling performance.
NRS 176.0131 - Legislative findings and declarations.
NRS 176.01315 - "Department" defined.
NRS 176.01317 - "Executive Director" defined.
NRS 176.0132 - "Sentencing Commission" defined.
NRS 176.01327 - Duties of Executive Director.
NRS 176.0134 - Duties of Sentencing Commission.
NRS 176.0136 - Subpoenas: Power to issue; compelling performance.
NRS 176.014 - Creation; composition; Chair; duties; terms of members; per diem; staff.
NRS 176.055 - Credit against sentence of imprisonment.
NRS 176.057 - Effect of finding of guilty but mentally ill or acceptance of such plea.
NRS 176.075 - Rate of imprisonment in default of administrative assessment, fine or forfeiture.
NRS 176.085 - Reduction of excessive fine or administrative assessment; payment in installments.
NRS 176.09111 - "Agency of criminal justice" defined.
NRS 176.09112 - "Biological specimen" defined.
NRS 176.09113 - "CODIS" defined.
NRS 176.09114 - "DNA" defined.
NRS 176.09115 - "DNA profile" defined.
NRS 176.09116 - "DNA record" defined.
NRS 176.09117 - "Forensic laboratory" defined.
NRS 176.09118 - "Genetic marker analysis" defined.
NRS 176.09119 - "State DNA Database" defined.
NRS 176.09121 - State DNA Database: Establishment; duties.
NRS 176.0917 - County to designate forensic laboratory to conduct or oversee analysis; criteria.
NRS 176.09183 - Grounds for granting or dismissing petition; appeal.
NRS 176.0919 - Execution stayed pending results of genetic marker analysis.
NRS 176.0922 - "Central Repository" defined.
NRS 176.0923 - "Crime against a child" defined.
NRS 176.0924 - "Record of registration" defined.
NRS 176.0925 - "Sexual offense" defined.
NRS 176.0931 - Special sentence for sex offenders; petition for release from lifetime supervision.
NRS 176.095 - State Board of Parole Commissioners may direct release of state prisoner on parole.
NRS 176.105 - Judgment in criminal action generally.
NRS 176.125 - Entry of judgment of conviction; what papers constitute record of action.
NRS 176.135 - Presentence investigation and report: When required; time for completing; training.
NRS 176.145 - Presentence investigation and report: Contents of report.
NRS 176.165 - When plea of guilty, guilty but mentally ill or nolo contendere may be withdrawn.
NRS 176.265 - Fines to be paid into State Treasury.
NRS 176.285 - Fines in Justice Court to be paid to county treasurer; due date.
NRS 176.295 - Costs when criminal action removed before trial; clerk to certify costs to auditor.
NRS 176.315 - Judgment of imprisonment in county jail: How executed.
NRS 176.325 - Judgment of imprisonment in state prison: How executed.
NRS 176.345 - Proceedings when conviction carries death penalty.
NRS 176.355 - Execution of death penalty: Method; time and place; witnesses.
NRS 176.357 - Request for notification of execution of death penalty; request to attend.
NRS 176.365 - Director of Department of Corrections to make return on death warrant.
NRS 176.415 - When execution of death penalty may be stayed.
NRS 176.425 - Sanity investigation: Filing of petition; stay of execution.
NRS 176.435 - Sanity investigation: Conduct of hearing.
NRS 176.445 - Execution of judgment when defendant found sane.
NRS 176.465 - Investigation of pregnancy: Procedure; hearing.
NRS 176.485 - Costs of investigations borne by State; manner of payment.
NRS 176.486 - Authority to enter stay of execution.
NRS 176.487 - Determination of whether to enter stay of execution.
NRS 176.488 - Entry of stay of execution and necessary orders.
NRS 176.489 - Vacation of stay of execution.
NRS 176.491 - Stay of execution following denial of appeal.
NRS 176.492 - Dissolution of stay of execution which was improperly entered.
NRS 176.495 - New warrant generally.
NRS 176.505 - Order following appeal.
NRS 176.515 - Court may grant new trial or vacate judgment in certain circumstances.
NRS 176.525 - Arrest of judgment: When granted and time in which motion is to be made.
NRS 176.535 - Effect of arresting judgment.
NRS 176.545 - Procedure after allowance of arrest of judgment.