SB19 - Revises provisions relating to the statewide program to track sexual assault forensic evidence kits. (BDR 15-162)

S.B. 19 - *SB19* SENATE BILL NO. 19–COMMITTEE ON JUDICIARY (ON BEHALF OF THE RECORDS, COMMUNICATIONS AND COMPLIANCE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY) PREFILED OCTOBER 28, 2026 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to the statewide program to track sexual assault forensic evidence kits. (BDR 15-162) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. Effect on the State Highway Fund: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to crimes; changing the dates by which the biannual report concerning the statewide program to track sexual assault forensic evidence kits must be submitted and posted on the Internet website of the agency establishing the program; revising the period for which certain information is reported; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires the Attorney General to designate a department or 1 division of the Executive Department of State Government to establish a statewide 2 program to track sexual assault forensic evidence kits. Existing law requires the 3 program to allow: (1) providers of health care who perform forensic medical 4 examinations, law enforcement agencies, prosecutors, forensic laboratories and 5 other entities having sexual assault forensic evidence kits in their custody to track 6 the status and location of those kits; and (2) a victim to anonymously track or 7 receive updates on the status and location of the victim’s sexual assault forensic 8 evidence kit. Under existing law, the department or division establishing the 9 program is required to submit to the Governor and the Joint Interim Standing 10 Committee on the Judiciary, and post on its Internet website, a biannual report 11 concerning the number and status of sexual assault forensic kits in the program and 12 the average and median time for genetic marker analysis to be completed. (NRS 13 200.3788) This bill revises the deadline for the submission and posting of this 14 – 2 – - *SB19* report by requiring the report to be submitted and posted on or before February 1 15 and August 1 of each year instead of on or before January 1 and July 1 of each year. 16 Section 1 additionally revises the period for which certain information is reported 17 by requiring that information to be reported for the previous 6-month period ending 18 on December 31 and June 30, respectively, instead of for the 6-month period before 19 January 1 and July 1. (NRS 200.3788) 20 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 200.3788 is hereby amended to read as 1 follows: 2 200.3788 1. A statewide program to track sexual assault 3 forensic evidence kits must be established in this State. The 4 Attorney General shall, pursuant to the recommendation of the 5 Committee on Domestic Violence and Sexual Assault appointed 6 pursuant to NRS 228.470, designate a department or division of the 7 Executive Department of State Government to establish the 8 program. The designated department or division may contract with 9 any appropriate public or private agency, organization or institution 10 to carry out the provisions of this section. 11 2. The program to track sexual assault forensic evidence kits 12 must: 13 (a) Track the location and status of sexual assault forensic 14 evidence kits, including, without limitation, the initial forensic 15 medical examination, receipt by a law enforcement agency and 16 receipt and genetic marker analysis at a forensic laboratory. 17 (b) Allow providers of health care who perform forensic medical 18 examinations, law enforcement agencies, prosecutors, forensic 19 laboratories and any other entities having sexual assault forensic 20 evidence kits in their custody to track the status and location of 21 sexual assault forensic evidence kits. 22 (c) Allow a victim of sexual assault to anonymously track or 23 receive, by telephone or on an Internet website, updates regarding 24 the status and location of his or her sexual assault forensic evidence 25 kit. 26 3. The department or division designated pursuant to 27 subsection 1 shall, on or before [January] February 1 and [July] 28 August 1 of each year, submit to the Governor and the Director of 29 the Legislative Counsel Bureau for transmittal to the Joint Interim 30 Standing Committee on the Judiciary and post on the Internet 31 website maintained by the department or division a report 32 concerning the statewide program to track sexual assault forensic 33 evidence kits. The report submitted on or before February 1 and 34 August 1 of each year must include: 35 – 3 – - *SB19* (a) The number of sexual assault forensic evidence kits in the 1 program in each county. 2 (b) The number of sexual assault forensic evidence kits for 3 which genetic marker analysis has been completed for each county 4 for the [last 6 months.] previous 6-month period ending on 5 December 31 and June 30, respectively. 6 (c) The number of sexual assault forensic evidence kits added to 7 the program in each county during the [last 6 months.] previous 6- 8 month period ending on December 31 and June 30, respectively. 9 (d) The number of sexual assault forensic evidence kits for 10 which genetic marker analysis has been requested but not completed 11 for each county. 12 (e) For this State as a whole and each county, the average and 13 median time between a forensic medical examination and receipt of 14 a sexual assault forensic evidence kit by a forensic laboratory for 15 genetic marker analysis, overall and for the [last 6 months.] 16 previous 6-month period ending on December 31 and June 30, 17 respectively. 18 (f) For this State as a whole and each county, the average and 19 median time between receipt of a sexual assault forensic evidence 20 kit by a forensic laboratory and genetic marker analysis, overall and 21 for the [last 6 months.] previous 6-month period ending on 22 December 31 and June 30, respectively. 23 (g) The number of sexual assault forensic evidence kits in each 24 county awaiting genetic marker analysis for more than 1 year and 6 25 months after forensic medical examination. 26 4. Each law enforcement agency, prosecutor, forensic 27 laboratory and provider of health care who performs forensic 28 medical examinations in this State shall participate in the statewide 29 program to track sexual assault forensic evidence kits for the 30 purpose of tracking the status of any sexual assault forensic 31 evidence kits in the custody of the agency, prosecutor, laboratory or 32 provider, or a third party under contract with such agency, 33 prosecutor, laboratory or provider. 34 5. Any agency or person who acts pursuant to this section in 35 good faith and without gross negligence is immune from civil 36 liability for those acts. 37 6. The department or division designated pursuant to 38 subsection 1 may apply for and accept any gift, donation, bequest, 39 grant or other source of money to carry out the provisions of this 40 section. 41 Sec. 2. The provisions of NRS 218D.380 do not apply to any 42 provision of this act which adds or revises a requirement to submit a 43 report to the Legislature. 44 – 4 – - *SB19* Sec. 3. This act becomes effective upon passage and approval. 1 H