Genetic testing bill increases crime prosecution time

Siobhan McDonough

Saturday, Feb. 17, 2001 | 9:47 a.m.

CARSON CITY - Nevada legislators debated a measure Friday that would increase the time for prosecuting crimes so that genetic-testing data could be used years after a crime occurs.

Washoe County Sheriff's Department officials told the Assembly Judiciary Committee that genetic testing is producing more evidence, but laws that limit prosecutions can hinder the use of the information.

"The technology has changed so we can now prove things. The DNA is so accurate," said Dave Atkinson, assistant laboratory director in the department's forensic science division.

For most crimes, a statute of limitations caps the time frame for indictments or criminal charges. Three years from the time a crime was reported is the standard for indictments or charges.

Nevada law makes exceptions for rape and murder cases. AB54 would add kidnapping, attempted murder and felony aggravated stalking cases to the no-time-limit list.

To make their point about the need to expand the existing law, proponents noted the sheriff's department solved four rape and murder cases dating back to 1978 because genetic testing produced evidence - and the statute of limitation didn't apply.

"In today's world, after three years it's a free world except for sex offense and homicide cases," said Jim Nadeau of the sheriff's department.

"The other crimes are onerous crimes. Why should the criminal be allowed to go after three years and the poor victim lives on with suffering?"

But a few Judiciary members had concerns about the potential for abuse in eliminating the statutes of limitations.

Assembly Majority Floor Leader Barbara Buckley, D-Las Vegas, said it's important to go slow on changes in time limits for prosecutions.

"We cannot arbitrarily stop it," she said. "We need a balance. We need to be careful it'll not proceed to be expanded to other crimes. And be sure that the person can defend themselves," she said.

Judiciary Chairman Bernie Anderson, D-Sparks, also had concerns and sent the bill to subcommittee for further study.

"We'll have to have the bill clarified. We can't reach back 40 years ago. It can't be open for forever and ever." he said.

"The debate will be whether any limit is reasonable," said Assemblyman Greg Brower, R-Reno.

Panelists also expressed concern about samples from genetic testing possibly falling into the wrong hands. But lab officials said that the samples are used strictly for identification purposes in criminal cases. They currently have 2,000 samples - mostly of sex offenders.