176.0919 - Execution stayed pending results of genetic marker analysis. - Nevada Statutes

176.0919  Execution stayed pending results of genetic marker analysis.

      1.  After a judge grants a petition requesting a genetic marker analysis pursuant to NRS 176.0918, if the case involves a sentence of death and a judge determines that the genetic marker analysis cannot be completed before the date of the execution of the petitioner, the judge shall stay the execution of the judgment of death pending the results of the analysis.

      2.  If the case involves a sentence of death and the results of an analysis ordered and conducted pursuant to NRS 176.0918 are not favorable to the petitioner:

      (a) Except as otherwise provided in paragraph (b), the Director of the Department of Corrections shall, in due course, execute the judgment of death.

      (b) If the judgment of death has been stayed pursuant to subsection 1, the judge shall cause a certified copy of the order staying the execution of the judgment and a certified copy of the report of genetic marker analysis that indicates results which are not favorable to the petitioner to be immediately forwarded by the clerk of the court to the district attorney. Upon receipt, the district attorney shall pursue the issuance of a new warrant of execution of the judgment of death in the manner provided in NRS 176.495.

      (Added to NRS by 2003, 1894; A 2009, 1200)