EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 179A of NRS is hereby amended by adding

1-15 forth in subsection 1 from the central repository shall maintain the

2-1 confidentiality of any such information declared confidential by specific

2-2 statute.

2-3 3. As used in this section, "law enforcement agency" means:

2-4 (a) The Nevada highway patrol division of the department;

2-5 (b) The sheriff’s office of a county;

2-6 (c) A metropolitan police department; or

2-7 (d) A police department of an incorporated city.

2-8 Sec. 2. NRS 179A.070 is hereby amended to read as follows:

2-9 179A.070 1. "Record of criminal history" means information

2-41 (f) Court] ;

3-1 (f) Except as otherwise provided in subsection 1, court indices and

3-2 records of public judicial proceedings, court decisions and opinions, and

3-3 information disclosed during public judicial proceedings ; [.]

3-4 (g) Records of traffic violations constituting misdemeanors ; [.]

3-5 (h) Records of traffic offenses maintained by the department to regulate

3-6 the issuance, suspension, revocation or renewal of drivers’ or other

3-7 operators’ licenses ; [.]

3-8 (i) Announcements of actions by the state board of pardons

3-9 commissioners and the state board of parole commissioners, except

3-10 information concerning the status of an offender on parole or probation [.]

3-11 ; or

3-12 (j) Records which originated in an agency other than an agency of

3-13 criminal justice in this state.

3-14 Sec. 3. NRS 179A.075 is hereby amended to read as follows:

3-15 179A.075 1. The central repository for Nevada records of criminal

3-42 4. The division shall:

4-1 (a) Collect, maintain and arrange all information submitted to it

4-2 [relating to:

4-3 (1) Sexual] :

4-4 (1) Relating to sexual offenses and other records of criminal history;

4-5 [and

4-6 (2) The]

4-7 (2) Relating to genetic markers of the blood and the secretor status of

4-8 the saliva of a person who is convicted of sexual assault or any other

4-9 sexual offense [.

4-10 (b) Use] ; and

4-11 (3) Pursuant to section 1 of this act and NRS 440.430.

4-12 (b) When practicable, use a record of the [subject’s] fingerprints and

4-13 other forms of identification of the subject involving biometrics,

4-14 including, without limitation, his voiceprint, iris image and retina image

4-15 as the basis for any records maintained regarding him.

4-16 (c) Upon request during a state of emergency proclaimed pursuant to

4-17 NRS 414.070, provide the information that is contained in the central

4-18 repository to the state disaster identification team of the division of

4-19 emergency management of the department of motor vehicles and public

4-20 safety.

4-21 5. The division may:

4-22 (a) Disseminate any information which is contained in the central

4-23 repository to any other agency of criminal justice;

4-24 (b) Enter into cooperative agreements with federal and state repositories

4-25 to facilitate exchanges of such information; and

4-26 (c) Request of and receive from the Federal Bureau of Investigation

4-27 information on the background and personal history of any person:

4-28 (1) Who has applied to any agency of the [state] State of Nevada or

4-29 any political subdivision thereof for a license which it has the power to

4-30 grant or deny;

4-31 (2) With whom any agency of the [state] State of Nevada or any

4-32 political subdivision thereof intends to enter into a relationship of

4-33 employment or a contract for personal services;

4-34 (3) About whom any agency of the [state] State of Nevada or any

4-35 political subdivision thereof has a legitimate need to have accurate

4-36 personal information for the protection of the agency or the persons within

4-37 its jurisdiction; or

4-38 (4) For whom such information is required to be obtained pursuant to

4-39 NRS 449.179.

4-40 6. The central repository shall:

4-41 (a) Collect and maintain records, reports and compilations of statistical

4-42 data submitted by any agency pursuant to subsection 2.

5-1 (b) Tabulate and analyze all records, reports and compilations of

5-2 statistical data received pursuant to this section.

5-3 (c) Disseminate to federal agencies engaged in the collection of

5-4 statistical data relating to crime information which is contained in the

5-5 central repository [.] , other than any confidential information described

5-6 in section 1 of this act.

5-7 (d) Investigate the criminal history of any person who:

5-8 (1) Has applied to the superintendent of public instruction for a

5-9 license;

5-10 (2) Has applied to a county school district for employment; or

5-11 (3) Is employed by a county school district,

5-12 and notify the superintendent of each county school district and the

5-13 superintendent of public instruction if the investigation of the central

5-14 repository indicates that the person has been convicted of a violation of

5-15 NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a

5-16 felony or any offense involving moral turpitude.

5-17 (e) Upon discovery, notify the superintendent of each county school

5-18 district by providing him with a list of all persons:

5-19 (1) Investigated pursuant to paragraph (d); or

5-20 (2) Employed by a county school district whose fingerprints were

5-21 sent previously to the central repository for investigation,

5-22 who the central repository’s records indicate have been convicted of a

5-23 violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or

5-24 convicted of a felony or any offense involving moral turpitude since the

5-25 central repository’s initial investigation. The superintendent of each county

5-26 school district shall determine whether further investigation or action by

5-27 the district is appropriate.

5-28 (f) Investigate the criminal history of each person who submits

5-29 fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or

5-30 449.179.

5-31 (g) On or before July 1 of each year, prepare and present to the

5-32 governor a printed annual report containing the statistical data relating to

5-33 crime received during the preceding calendar year. Additional reports may

5-34 be presented to the governor throughout the year regarding specific areas

5-35 of crime if they are recommended by the advisory committee and approved

5-36 by the director of the department.

5-37 (h) On or before January 31 of each odd-numbered year, prepare and

5-38 submit to the director of the legislative counsel bureau, for submission to

5-39 the legislature, a report containing statistical data about domestic violence

5-40 in this state.

5-41 (i) Identify and review the collection and processing of statistical data

5-42 relating to criminal justice and the delinquency of children by any agency

5-43 identified in subsection 2, and make recommendations for any necessary

6-1 changes in the manner of collecting and processing statistical data by any

6-2 such agency.

6-3 7. The central repository may:

6-4 (a) At the recommendation of the advisory committee and in the

6-5 manner prescribed by the director of the department, disseminate

6-6 compilations of statistical data and publish statistical reports relating to

6-7 crime or the delinquency of children.

6-8 (b) Charge a reasonable fee for any publication or special report it

6-9 distributes relating to data collected pursuant to this section. The central

6-10 repository may not collect such a fee from an agency of criminal justice,

6-11 any other agency dealing with crime or the delinquency of children which

6-12 is required to submit information pursuant to subsection 2 or the state

6-13 disaster identification team of the division of emergency management of

6-14 the department of motor vehicles and public safety. All money collected

6-15 pursuant to this paragraph must be used to pay for the cost of operating the

6-16 central repository.

6-17 (c) In the manner prescribed by the director of the department, use

6-18 electronic means to disseminate information contained in the central

6-19 repository that it is authorized to disseminate pursuant to the provisions

6-20 of this chapter.

6-21 8. As used in this section, "advisory committee" means the committee

6-22 established by the director of the department pursuant to NRS 179A.078.

6-23 Sec. 4. NRS 179A.080 is hereby amended to read as follows:

6-24 179A.080 The director of the department is responsible for

6-36 private agencies, organizations or persons.

6-37 Sec. 5. NRS 179A.100 is hereby amended to read as follows:

6-38 179A.100 1. The following records of criminal history may be

6-43 within the system of criminal justice, including parole or probation.

7-1 2. Without any restriction pursuant to this chapter, a record of criminal

7-2 history or the absence of such a record may be:

7-3 (a) Disclosed among agencies which maintain a system for the mutual

7-4 exchange of criminal records.

7-5 (b) Furnished by one agency to another to administer the system of

7-6 criminal justice, including , without limitation, the furnishing of

7-7 information by a police department to a district attorney [.] or court.

7-8 (c) Reported to the central repository.

7-9 3. An agency of criminal justice shall disseminate to a prospective

7-10 employer, upon request, records of criminal history concerning a

7-11 prospective employee or volunteer which:

7-12 (a) Reflect convictions only; or

7-13 (b) Pertain to an incident for which the prospective employee or

7-14 volunteer is currently within the system of criminal justice, including

7-15 parole or probation.

7-16 4. The central repository shall disseminate to a prospective or current

7-17 employer, upon request, information relating to sexual offenses concerning

7-18 an employee, prospective employee, volunteer or prospective volunteer

7-19 who gives his written consent to the release of that information.

7-20 5. Records of criminal history must be disseminated by an agency of

7-21 criminal justice upon request, to the following persons or governmental

7-22 entities:

7-23 (a) The person who is the subject of the record of criminal history for

7-24 the purposes of NRS 179A.150.

7-25 (b) The person who is the subject of the record of criminal history or his

7-26 attorney of record when the subject is a party in a judicial, administrative,

7-27 licensing, disciplinary or other proceeding to which the information is

7-28 relevant.

7-29 (c) The state gaming control board.

7-30 (d) The state board of nursing.

7-31 (e) The private investigator’s licensing board to investigate an applicant

7-32 for a license.

7-33 (f) A public administrator to carry out his duties as prescribed in chapter

7-34 253 of NRS.

7-35 (g) A public guardian to investigate a ward or proposed ward or persons

7-36 who may have knowledge of assets belonging to a ward or proposed ward.

7-37 (h) Any agency of criminal justice of the United States or of another

7-38 state or the District of Columbia.

7-39 (i) Any public utility subject to the jurisdiction of the public utilities

7-40 commission of Nevada when the information is necessary to conduct a

7-41 security investigation of an employee or prospective employee, or to

7-42 protect the public health, safety or welfare.

8-1 (j) Persons and agencies authorized by statute, ordinance, executive

8-2 order, court rule, court decision or court order as construed by appropriate

8-3 state or local officers or agencies.

8-4 (k) Any person or governmental entity which has entered into a contract

8-5 to provide services to an agency of criminal justice relating to the

8-6 administration of criminal justice, if authorized by the contract, and if the

8-7 contract also specifies that the information will be used only for stated

8-8 purposes and that it will be otherwise confidential in accordance with state

8-9 and federal law and regulation.

8-10 (l) Any reporter for the electronic or printed media in his professional

8-11 capacity for communication to the public.

8-12 (m) Prospective employers if the person who is the subject of the

8-13 information has given written consent to the release of that information by

8-14 the agency which maintains it.

8-15 (n) For the express purpose of research, evaluative or statistical

8-16 programs pursuant to an agreement with an agency of criminal justice.

8-17 (o) The division of child and family services of the department of

8-18 human resources and any county agency that is operated pursuant to NRS

8-19 432B.325 or authorized by a court of competent jurisdiction to receive and

8-20 investigate reports of abuse or neglect of children and which provides or

8-21 arranges for protective services for such children.

8-22 (p) The welfare division of the department of human resources or its

8-23 designated representative.

8-24 (q) An agency of this or any other state or the Federal Government that

8-25 is conducting activities pursuant to Part D of Title IV of the Social Security

8-26 Act , [(] 42 U.S.C. §§ 651 et seq. [).]

8-27 (r) The state disaster identification team of the division of emergency

8-28 management of the department of motor vehicles and public safety during

8-29 a state of emergency proclaimed pursuant to NRS 414.070.

8-30 6. Agencies of criminal justice in this state which receive information

8-31 from sources outside this state concerning transactions involving criminal

8-32 justice which occur outside Nevada shall treat the information as

8-33 confidentially as is required by the provisions of this chapter.

8-34 Sec. 6. NRS 179A.130 is hereby amended to read as follows:

8-35 179A.130 Each agency of criminal justice which maintains and

8-41 information is disseminated, and must contain:

9-1 1. An entry showing to what agency or person the information relating

9-2 to sexual offenses , [or] other records of criminal history or records

9-3 described in section 1 of this act or NRS 440.430 were provided;

9-4 2. The date on which the information was provided;

9-5 3. The person who is the subject of the information; and

9-6 4. A brief description of the information provided.

9-7 Sec. 7. NRS 179A.140 is hereby amended to read as follows:

9-8 179A.140 1. An agency of criminal justice may charge a reasonable

9-19 section must be used to defray the cost of operating the central repository.

9-20 Sec. 8. NRS 179A.150 is hereby amended to read as follows:

9-21 179A.150 1. [The] Except as otherwise provided in this subsection,

9-42 (c) The reasonable charges or fees, if any, for inspecting records.

10-1 3. Each such agency shall procure for and furnish to any person who

10-2 requests it and pays a reasonable fee therefor, all of the information

10-3 contained in the central repository which pertains to the person making the

10-4 request.

10-5 4. The director of the department shall adopt regulations governing:

10-6 (a) All challenges to the accuracy or sufficiency of information relating

10-7 to sexual offenses , [or] other records of criminal history or records

10-8 described in section 1 of this act or NRS 440.430 by the person who is the

10-9 subject of the allegedly inaccurate or insufficient record;

10-10 (b) The correction of any information relating to sexual offenses [or

10-11 other record] , other records of criminal history or records described in

10-12 section 1 of this act or NRS 440.430 found by the director to be

10-13 inaccurate, insufficient or incomplete in any material respect;

10-14 (c) The dissemination of corrected information to those persons or

10-15 agencies which have previously received inaccurate or incomplete

10-16 information; and

10-17 (d) A time limit of not more than 90 days within which inaccurate or

10-18 insufficient information relating to sexual offenses , [or] other records of

10-19 criminal history or records described in section 1 of this act or NRS

10-20 440.430 must be corrected and the corrected information disseminated.

10-21 [The corrected information must be sent to each person who requested the

10-22 information in the 12 months preceding the date on which the correction

10-23 was made, and notice of the correction must be sent to each person entitled

10-24 thereto pursuant to NRS 179A.210, to the address given by each person

10-25 who requested the information when the request was made].

10-26 Sec. 9. NRS 179A.900 is hereby amended to read as follows:

10-27 179A.900 Any person who [:

10-38 is guilty of a misdemeanor.

10-39 Sec. 10. NRS 202.366 is hereby amended to read as follows:

10-40 202.366 1. Upon receipt by a sheriff of an application for a permit,

10-43 forward a complete set of the applicant’s fingerprints to the central

11-1 repository for Nevada [highway patrol division of the department] records

11-2 of criminal history and the Federal Bureau of Investigation for a report

11-3 concerning the criminal history of the applicant. The sheriff shall issue a

11-4 permit to the applicant unless he is not qualified to possess a handgun

11-5 [under] pursuant to state or federal law or is not otherwise qualified to

11-6 obtain a permit pursuant to NRS 202.3653 to 202.369, inclusive, or the

11-7 regulations adopted pursuant thereto.

11-8 2. To assist the sheriff in conducting his investigation, any local law

11-9 enforcement agency, including the sheriff of any county, may voluntarily

11-10 submit to the sheriff a report or other information concerning the criminal

11-11 history of an applicant.

11-12 3. Within 120 days after a complete application for a permit is

11-13 submitted, the sheriff to whom the application is submitted shall grant or

11-14 deny the application. If the application is denied, the sheriff shall send the

11-15 applicant written notification setting forth the reasons for the denial. If the

11-16 application is granted, the sheriff shall provide the applicant with a permit

11-17 containing a colored photograph of the applicant and containing such other

11-18 information as may be prescribed by the department. The permit must be

11-19 in substantially the following form:

11-20 NEVADA CONCEALED FIREARM PERMIT

11-21 County Permit Number

11-22 Expires Date of Birth

11-23 Height Weight

11-24 Name Address

11-25 City Zip

11-26 Photograph

11-27 Signature

11-28 Issued by

11-29 Date of Issue

11-30 Make, model and caliber of firearm authorized

11-31 4. Unless suspended or revoked by the sheriff who issued the permit, a

11-32 permit expires on the fifth anniversary of the permittee’s birthday,

11-33 measured from the birthday nearest the date of issuance or renewal. If the

11-34 date of birth of a permittee is on February 29 in a leap year, for the

11-35 purposes of NRS 202.3653 to 202.369, inclusive, his date of birth shall be

11-36 deemed to be on February 28.

11-37 Sec. 11. NRS 202.3687 is hereby amended to read as follows:

11-38 202.3687 1. The provisions of NRS 202.3653 to 202.369, inclusive,

11-39 do not prohibit a sheriff from issuing a temporary permit to carry a

12-1 concealed firearm. A temporary permit may include, but is not limited to,

12-2 provisions specifying the period for which the permit is valid.

12-3 2. Each sheriff who issues a permit pursuant to the provisions of NRS

12-4 202.3653 to 202.369, inclusive, shall [, upon request by the department,]

12-5 provide such information concerning the permit and the person to whom it

12-6 is issued [as is deemed necessary by the department for inclusion in] to the

12-7 central repository for Nevada records of criminal history.

12-8 Sec. 12. Chapter 209 of NRS is hereby amended by adding thereto a

12-12 1. The name of each offender serving a term of imprisonment in an

12-17 3. The date of admission of the offender.

12-18 Sec. 13. NRS 440.430 is hereby amended to read as follows:

12-19 440.430 1. Any coroner whose duty it is to hold an inquest on the

12-30 director of the department of motor vehicles and public safety.

12-31 Sec. 14. The amendatory provisions of section 9 of this act do not

12-32 apply to offenses committed before the effective date of this act.

12-33 Sec. 15. This act becomes effective upon passage and approval.