Nevada lawmakers OK bill requiring DNA sample in felony cases

CARSON CITY, Nev. -- The Nevada Assembly passed several bills Monday, including one requiring a DNA sample from all felons, and another requiring someone arrested for violating a restraining order for domestic violence to be jailed for at least 12 hours.

Assemblywoman Valerie Weber, R-Las Vegas, said the recent apprehension of a man accused on the basis of DNA evidence of raping a 13-year-old girl in Henderson illustrates the importance of DNA legislation such as AB92.

Sergio Hugo Hernandez, 30, was arrested at a construction site last week a half-mile from where the sexual assault occurred in January. DNA evidence was retrieved from the victim's clothes and matched Hernandez' DNA in a database. Hernandez had given a DNA sample after a burglary conviction in California.

"DNA exonerates the innocent, it convicts the guilty and it saves lives," Weber told lawmakers Monday.

Jayann Sepich, whose daughter Katie was murdered in New Mexico in 2003, had argued for requiring DNA evidence of all felons. Gabriel Adrian Avila was arrested late last year based on a DNA match and charged with Katie's murder.

Also receiving unanimous approval was AB112, which prohibits someone who is arrested for violating a restraining order for domestic violence, stalking or harassment from being released on bail for 12 hours if they are under the influence of alcohol or drugs, or if they have violated a restraining order in the past.

The Assembly also passed AB482, which prohibits police from requiring a victim of a sexual crime to take a polygraph test.

During hearings on the measure, Deputy Attorney General Robert Bony said AB482 is needed to comply with the federal Violence Against Women Act and for Nevada to continue to get federal funding for law enforcement and court costs related to cases involving domestic violence, stalking, sexual assault and teen dating violence. Nevada got $1.3 million in 2006 under that program.

All three bills passed unanimously.