NRS176.09173. Powers and duties of forensic laboratory; prohibited use of biological specimen, DNA profile and DNA record.

      1.  A forensic laboratory shall:

      (a) Prescribe protocols and procedures for the collection, submission, identification, genetic marker analysis, storage, maintenance, uploading and disposition of biological specimens, DNA profiles and DNA records.

      (b) Securely upload DNA records to the State DNA Database.

      (c) Acquire and maintain computer hardware and software necessary to store, maintain and upload DNA profiles and DNA records relating to:

             (1) Crime scene evidence and forensic casework;

             (2) Persons arrested for a felony and persons convicted of an offense listed in subsection 4 of NRS 176.0913 who are required to provide a biological specimen;

             (3) Persons required to register as sex offenders pursuant to NRS 179D.445, 179D.460 or 179D.480;

             (4) Unidentified persons or body parts;

             (5) Missing persons;

             (6) Relatives of missing persons;

             (7) Anonymous DNA profiles used for forensic validation, forensic protocol development, quality control purposes or establishment of a population statistics database for use by criminal justice agencies; and

             (8) Voluntarily submitted DNA profiles.

      2.  A forensic laboratory may:

      (a) Use all or part of the remainder of any biological specimen stored in the forensic laboratory for:

             (1) Retesting to confirm or update the original genetic marker analysis; or

             (2) Quality control testing of new forensic methods for genetic marker analysis, provided that no personal identifying information is included.

      (b) Contract with providers of services to perform a genetic marker analysis or to carry out functions on behalf of the forensic laboratory. Any provider of services who contracts with a forensic laboratory to perform a genetic marker analysis or to carry out functions on behalf of the forensic laboratory is subject to the same restrictions and requirements as the forensic laboratory.

      3.  A forensic laboratory shall not use any biological specimen, DNA profile or DNA record for the purpose of identification of any medical or genetic disorder.

      (Added to NRS by 2013, 1057)