Signed by Governor Brian Sandoval

Vote Smart's Synopsis:

Vote to pass a bill that requires a law enforcement agency to take DNA samples from individuals charged with felonies.

Highlights:

• Requires the arresting law enforcement agency to obtain a biological sample through a cheek swab from any individual arrested for a felony (Sec. 13).

• Requires the arresting law enforcement agency to submit the biological sample to the appropriate forensic laboratory for genetic marker analysis to create a DNA profile, which will be submitted to the State DNA Database and the Federal Bureau of Investigation’s Combined DNA Index System (CODIS) (Sec. 13).

• Requires the arresting law enforcement agency to destroy a biological sample if a court determines that there was no probable cause for the arrest (Sec. 13).

• Authorizes an individual whose biological sample and DNA profile is submitted to the State DNA database and CODIS to make a written request to have the biological specimen and DNA profile destroyed within 6 weeks for the following reasons (Sec. 13):
• The conviction for which the biological sample and DNA profile was obtained has been reversed or dismissed;
• The arrest for which the biological sample and DNA profile was obtained has not resulted in any additional criminal charge for a felony within 3 years after the date of the arrest
• The arrest for which the biological sample and DNA profile was obtained resulted in a felony charge that has been resolved by the following actions: 
• A dismissal; 
• A successful completion of a pre-prosecution diversion program; 
• A plea of guilty but mentally ill or nolo contendere; or
• A charge other than a felony. 

• Requires a judge of the municipal or district court to include a $3 administrative fee for obtaining a biological sample and DNA profile in a sentence for an individual who is found guilty of or pleads guilty or no contest to a misdemeanor, gross misdemeanor, or felony (Sec. 15). 

Full Bill Text