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.
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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.
1. If the results of a genetic marker analysis performed pursuant to this section and NRS 176.0918 and 176.09183 are favorable to the petitioner:
(a)The petitioner may bring a motion for a new trial based on the ground of newly discovered evidence pursuant to NRS 176.515 ; and
(b)The restriction on the time for filing the motion set forth in subsection 3 of NRS 176.515 is not applicable.
2. For the purposes of a genetic marker analysis pursuant to this section and NRS 176.0918 and 176.09183 , a person who files a petition pursuant to NRS 176.0918 shall be deemed to consent to the:
(a)Submission of a biological specimen by the petitioner to determine genetic marker information; and
(b)Release and use of genetic marker information concerning the petitioner.
3. The petitioner shall pay the cost of a genetic marker analysis performed pursuant to this section and NRS 176.0918 and 176.09183 , unless the petitioner is incarcerated at the time the petitioner files the petition, found to be indigent pursuant to NRS 171.188 and the results of the genetic marker analysis are favorable to the petitioner. If the petitioner is not required to pay the cost of the analysis pursuant to this subsection, the expense of an analysis ordered pursuant to this section and NRS 176.0918 and 176.09183 is a charge against the Department of Corrections and must be paid upon approval by the Board of State Prison Commissioners as other claims against the State are paid.
4. The remedy provided by this section and NRS 176.0918 and 176.09183 is in addition to, is not a substitute for and is not exclusive of any other remedy, right of action or proceeding available to a person convicted of a crime.