Nevada Revised Statutes
Chapter 176 - Judgment and Execution
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.
(Added to NRS by 2009, 1845; A 2013, 1068)

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Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 176 - Judgment and Execution

NRS 176.002 - "Division" defined.

NRS 176.0121 - "Commission" defined.

NRS 176.0123 - Creation; members and appointing authorities; Chair; terms; vacancies; salaries and per diem; members holding public office or employed by governmental entity; staff.

NRS 176.01248 - Subcommittee on Criminal Justice Information Sharing: Creation; Chair; members; duties; salaries and per diem.

NRS 176.01249 - Appointment of working groups by Chair of Subcommittee on Criminal Justice Information Sharing: Chair; members; service without compensation.

NRS 176.0125 - Duties of Commission.

NRS 176.01255 - Grants, bequests, devises, donations and gifts; Special Account for the Support of the Advisory Commission on the Administration of Justice.

NRS 176.0126 - Subpoenas: Power to issue; compelling performance.

NRS 176.0127 - Department of Corrections and Division of Parole and Probation to provide information to and assist Joint Interim Standing Committee on the Judiciary.

NRS 176.0128 - Central Repository for Nevada Records of Criminal History to facilitate data collection and provide data and information to Joint Interim Standing Committee on the Judiciary.

NRS 176.0129 - Annual projections of persons imprisoned, on probation, on parole and in residential confinement.

NRS 176.0131 - Legislative findings and declarations.

NRS 176.01313 - Definitions.

NRS 176.01315 - "Department" defined.

NRS 176.01317 - "Executive Director" defined.

NRS 176.0132 - "Sentencing Commission" defined.

NRS 176.01323 - Department created; appointment and qualifications of Executive Director; employment of staff or consultants by Executive Director.

NRS 176.01327 - Duties of Executive Director.

NRS 176.0133 - Creation; members and appointing authorities; Chair; terms; vacancies; per diem; staff.

NRS 176.0134 - Duties of Sentencing Commission.

NRS 176.01343 - Tracking and assessment of outcomes resulting from enactment of chapter 633, Statutes of Nevada 2019.

NRS 176.01347 - Development of formula to calculate costs avoided by enactment of chapter 633, Statutes of Nevada 2019; submission of statements and reports regarding costs avoided.

NRS 176.0135 - Grants, bequests, devises, donations and gifts; Special Account for the Support of the Nevada Sentencing Commission.

NRS 176.0136 - Subpoenas: Power to issue; compelling performance.

NRS 176.0137 - Department of Corrections and Division of Parole and Probation to provide information to and assist Sentencing Commission.

NRS 176.0138 - Central Repository for Nevada Records of Criminal History to facilitate data collection and provide data and information to Sentencing Commission.

NRS 176.0139 - Annual projections of persons imprisoned, on probation, on parole and in residential confinement.

NRS 176.014 - Creation; composition; Chair; duties; terms of members; per diem; staff.

NRS 176.015 - Prompt hearing; court may commit defendant or continue or alter bail before hearing; statement by defendant; presentation of mitigating evidence; rights of victim; notice of hearing.

NRS 176.017 - Imposition of sentence on person convicted as adult for offense committed when person was under age of 18 years: Additional considerations; reduction of sentence.

NRS 176.025 - Sentence of death or life imprisonment without possibility of parole not to be imposed on person under age of 18 years.

NRS 176.033 - Sentence of imprisonment required or permitted by statute: Definite period for misdemeanor or gross misdemeanor; minimum and maximum term for felony unless definite term required by statute; restitution.

NRS 176.035 - Conviction of two or more offenses; concurrent and consecutive sentences; aggregating consecutive sentences and sentences for additional penalties.

NRS 176.045 - Imposition of concurrent or consecutive sentence on person under sentence in another jurisdiction.

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 176.059 - Administrative assessment for misdemeanor: Collection; distribution; limitations on use.

NRS 176.0611 - Additional administrative assessment for misdemeanor: Authorization; collection; distribution; limitations on use.

NRS 176.0613 - Additional administrative assessment for misdemeanor: Authorization; collection; distribution; limitations on use.

NRS 176.062 - Administrative assessment for felony or gross misdemeanor: Collection; distribution; limitations on use.

NRS 176.0623 - Additional administrative assessment for felony, gross misdemeanor or misdemeanor: Authorization; collection; distribution; limitations on use.

NRS 176.0625 - Administrative assessment, fine or fee for felony or gross misdemeanor: Collection by certain entities.

NRS 176.063 - Administrative assessment, fine or fee for felony or gross misdemeanor: Court must advise defendant regarding lien.

NRS 176.0635 - Administrative assessment, fine or fee for felony or gross misdemeanor: Additional costs and fees for collection.

NRS 176.064 - Collection fee for unpaid administrative assessment, fine, fee or restitution; use of collection agency; civil judgment; attachment or garnishment; imprisonment.

NRS 176.0643 - Circumstances under which person who commits minor traffic offense is presumed to be indigent and not to have ability to pay fine, administrative assessment or fee; "minor traffic offense" defined.

NRS 176.0647 - Circumstances under which fine, administrative assessment or fee owed by defendant who commits minor traffic offense is deemed uncollectible. [Effective through December 31, 2022.] Circumstances under which fine, administrative assessm...

NRS 176.065 - Rate of additional imprisonment in default of administrative assessment, fine or forfeiture.

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 176.087 - Imposition of community service in lieu of fine, administrative assessment, fee or imprisonment or as condition of probation.

NRS 176.0911 - Definitions.

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 176.0912 - Biological evidence secured in connection with investigation or prosecution; required preservation.

NRS 176.09121 - State DNA Database: Establishment; duties.

NRS 176.09123 - Collection of biological specimen from persons arrested for felony; submission to forensic laboratory; identifying information submitted to Central Repository; genetic marker analysis; creation of DNA profile; information included in...

NRS 176.09125 - Destruction of biological specimen and purging of DNA record: Grounds; written request; duties of Central Repository, forensic laboratory and State DNA Database.

NRS 176.09127 - Payment of costs for obtaining biological specimen, destroying biological specimen and purging DNA record.

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.

NRS 176.0913 - Biological specimen to be obtained from certain defendants; identifying information submitted to Central Repository; genetic marker analysis; release of information; costs.

NRS 176.0915 - Fee for obtaining biological specimen and for analysis; inclusion in sentence; creation of county fund; use of money in fund.

NRS 176.0916 - Biological specimen to be obtained from certain probationers and parolees; release of information; penalty; fee for obtaining and analyzing specimen; identifying information submitted to Central Repository; creation of Fund for Genetic...

NRS 176.09165 - Establishment of standard form concerning use and destruction of biological specimen and purging of DNA record; law enforcement to provide form to person in certain circumstances.

NRS 176.0917 - County to designate forensic laboratory to conduct or oversee analysis; criteria.

NRS 176.09173 - Powers and duties of forensic laboratory; prohibited use of biological specimen, DNA profile and DNA record.

NRS 176.09177 - Limitation on civil and criminal liability for acts relating to collection of biological specimen.

NRS 176.0918 - Petition requesting genetic marker analysis by person convicted of felony; procedure; notice to victim.

NRS 176.09183 - Grounds for granting or dismissing petition; appeal.

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.

NRS 176.0919 - Execution stayed pending results of genetic marker analysis.

NRS 176.0921 - Definitions.

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 176.0926 - Crime against child: Notice of conviction to Central Repository; defendant to be informed of duty to register; effect of failure to inform.

NRS 176.0927 - Sexual offense: Notice of conviction to Central Repository; defendant to be informed of duty to register; effect of failure to inform.

NRS 176.0931 - Special sentence for sex offenders; petition for release from lifetime supervision.

NRS 176.094 - Finding of fact in judgment; imposition of fee; required counseling for first or second offense.

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 176.115 - Judgment against complainant for malicious prosecution when defendant not found guilty; costs; enforcement of judgment.

NRS 176.125 - Entry of judgment of conviction; what papers constitute record of action.

NRS 176.133 - Definitions.

NRS 176.135 - Presentence investigation and report: When required; time for completing; training.

NRS 176.139 - Presentence investigation and report: Psychosexual evaluation of certain sex offenders required; standards and methods for conducting evaluation; access to records; rights of confidentiality and privileges deemed waived; costs.

NRS 176.145 - Presentence investigation and report: Contents of report.

NRS 176.151 - General investigation and report on defendant convicted of category E felony: When required; time for completing; contents of report.

NRS 176.153 - Disclosure of report of presentence investigation: Report to include certain information relating to any gang affiliation of defendant.

NRS 176.156 - Disclosure of report of presentence or general investigation; corrections to report; persons entitled to use report; confidentiality of report.

NRS 176.159 - Delivery of report of presentence or general investigation to Director of Department of Corrections.

NRS 176.161 - Portion of certain presentence or general investigations and reports to be paid by county in which indictment found or information filed.

NRS 176.165 - When plea of guilty, guilty but mentally ill or nolo contendere may be withdrawn.

NRS 176.211 - Eligibility; duration; terms and conditions; violation of term or condition; discharge and dismissal; sealing of records.

NRS 176.265 - Fines to be paid into State Treasury.

NRS 176.275 - Judgment for fine, administrative assessment, payment of restitution or repayment of expenses is lien; additional provisions concerning judgment for payment of restitution.

NRS 176.278 - Payment of restitution from civil judgment or settlement in favor of defendant and against State, political subdivision, officer, employee or contractor.

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 176.305 - Judgment for imprisonment or fine and imprisonment until satisfied: Commitment and detention.

NRS 176.315 - Judgment of imprisonment in county jail: How executed.

NRS 176.325 - Judgment of imprisonment in state prison: How executed.

NRS 176.335 - Duty of sheriff on receiving copies of judgment of imprisonment; Director of Department of Corrections to receive prisoner from sheriff; when term of imprisonment begins.

NRS 176.337 - Court to notify defendant convicted of domestic violence concerning possession, shipment, transportation or receipt of firearm or ammunition.

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 176.455 - Suspension of execution when defendant found insane; proceedings on recovery of sanity.

NRS 176.465 - Investigation of pregnancy: Procedure; hearing.

NRS 176.475 - Proceedings after investigation: Execution of judgment; suspension of execution; issuance of warrant on termination of pregnancy.

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.

NRS 176.555 - Correction of illegal sentence.

NRS 176.565 - Clerical mistakes.