1. A survivor has the right to prompt genetic marker analysis of a sexual assault forensic evidence kit pursuant to NRS 200.3786.
2. A sexual assault forensic evidence kit must be transported to a forensic laboratory and analyzed pursuant to NRS 200.3786, unless the survivor requests in writing at any time before such analysis, for the forensic laboratory to defer analysis of the sexual assault forensic evidence kit.
3. Biological evidence, including, without limitation, a sexual assault forensic evidence kit, secured in connection with the investigation or prosecution of a criminal case must be preserved and stored in accordance with the provisions of this subsection and NRS 176.0912. A sexual assault forensic evidence kit that is in the custody of an agency of criminal justice must be retained for:
(a) If the sexual assault forensic evidence kit is associated with an uncharged or unsolved sexual assault, at least 50 years.
(b) If the sexual assault forensic evidence kit is associated with an unreported or anonymous sexual assault, at least 20 years.
4. If a survivor has requested to defer analysis pursuant to subsection 2, the survivor may request that the forensic laboratory analyze the sexual assault forensic evidence kit at any later date before the expiration of the retention period pursuant to subsection 3.
5. A survivor has the right to the information regarding the timeline of the genetic marker analysis of sexual assault forensic evidence kits pursuant to NRS 200.3786.
(Added to NRS by 2019, 1909, 2843)
Structure Nevada Revised Statutes
Chapter 178A - Sexual Assault Survivors’ Bill of Rights
NRS 178A.030 - "CODIS" defined.
NRS 178A.040 - "DNA profile" defined.
NRS 178A.050 - "Forensic laboratory" defined.
NRS 178A.060 - "Forensic medical examination" defined.
NRS 178A.070 - "Genetic marker analysis" defined.
NRS 178A.080 - "Law enforcement agency" defined.
NRS 178A.090 - "Law enforcement official" defined.
NRS 178A.100 - "Medical provider" defined.
NRS 178A.110 - "Sexual assault forensic evidence kit" defined.
NRS 178A.120 - "Sexual assault victims’ advocate" defined.
NRS 178A.130 - "State DNA Database" defined.
NRS 178A.140 - "Survivor" defined.
NRS 178A.150 - Legislative findings and declarations.
NRS 178A.160 - When rights attach; rights retained.
NRS 178A.290 - Additional rights of survivor.