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. NRS 179.275 is hereby amended to read as follows:

1-2 179.275 Where the court orders the sealing of a record pursuant to

1-9 and shall then seal the order.

1-10 Sec. 2. Chapter 179A of NRS is hereby amended by adding thereto the

1-11 provisions set forth as sections 3 and 4 of this act.

1-12 Sec. 3. "Record of public safety" means a record, other than a

1-13 record of criminal history, that is submitted to the central repository by

1-14 an agency of criminal justice and maintained by the central repository

1-15 pursuant to the provisions of this chapter.

2-1 Sec. 4. 1. In the time and manner prescribed by the director of the

2-2 department and in addition to the information collected pursuant to NRS

2-3 179A.075, each law enforcement agency may collect and submit to the

2-4 central repository a record of each:

2-5 (a) Applicant for the issuance or renewal of an occupational license

2-6 or permit who the law enforcement agency investigates on behalf of a

2-7 licensing board or other licensing authority; and

2-8 (b) Motor vehicle that is towed at the direction of the law enforcement

2-9 agency.

2-10 2. An agency of criminal justice that receives the information set

2-11 forth in subsection 1 from the central repository shall maintain the

2-12 confidentiality of any such information declared confidential by specific

2-13 statute.

2-14 Sec. 5. NRS 179A.010 is hereby amended to read as follows:

2-15 179A.010 As used in this chapter, unless the context otherwise

2-18 those sections.

2-19 Sec. 6. NRS 179A.070 is hereby amended to read as follows:

2-20 179A.070 1. "Record of criminal history" means information

3-1 2. "Record of criminal history" does not include:

3-2 (a) Investigative or intelligence information, reports of crime or other

3-3 information concerning specific persons collected in the course of the

3-4 enforcement of criminal laws ; [.]

3-5 (b) Information concerning juveniles ; [.]

3-6 (c) Posters, announcements or lists intended to identify fugitives or

3-7 wanted persons and aid in their apprehension ; [.]

3-8 (d) Original records of entry maintained by agencies of criminal justice

3-9 if the records are chronological and not cross-indexed ; [in any other way.]

3-10 (e) Records of application for and issuance, suspension, revocation or

3-11 renewal of occupational licenses, including , without limitation, permits to

3-12 work in the gaming industry [.

3-13 (f) Court] ;

3-14 (f) Except as otherwise provided in subsection 1, court indices and

3-15 records of public judicial proceedings, court decisions and opinions, and

3-16 information disclosed during public judicial proceedings ; [.]

3-17 (g) [Records] Except as otherwise provided in subsection 1, records of

3-18 traffic violations constituting misdemeanors ; [.]

3-19 (h) Records of traffic offenses maintained by the department to regulate

3-20 the issuance, suspension, revocation or renewal of drivers’ or other

3-21 operators’ licenses ; [.]

3-22 (i) Announcements of actions by the state board of pardons

3-23 commissioners and the state board of parole commissioners, except

3-24 information concerning the status of an offender on parole or probation [.] ;

3-25 or

3-26 (j) Records which originated in an agency other than an agency of

3-27 criminal justice in this state.

3-28 Sec. 7. NRS 179A.075 is hereby amended to read as follows:

3-29 179A.075 1. The central repository for Nevada records of criminal

3-43 status of the saliva of a person who is convicted of sexual assault or any

4-1 other sexual offense, to the division in the manner prescribed by the

4-2 director of the department. [A report of disposition] The information must

4-3 be submitted to the division:

4-4 (a) Through an electronic network;

4-5 (b) On a medium of magnetic storage; or

4-6 (c) In the manner prescribed by the director of the department,

4-7 within [30 days after the date of disposition.] the period prescribed by the

4-8 director of the department. If an agency has submitted a record regarding

4-9 the arrest of a person who is later determined by the agency not to be the

4-10 person who committed the particular crime, the agency shall, immediately

4-11 upon making that determination, so notify the division. The division shall

4-12 delete all references in the central repository relating to that particular

4-13 arrest.

4-14 4. The division shall [:] , in the manner prescribed by the director of

4-15 the department:

4-16 (a) Collect, maintain and arrange all information submitted to it relating

4-17 to:

4-18 (1) Sexual offenses and other records of criminal history; [and]

4-19 (2) The genetic markers of the blood and the secretor status of the

4-20 saliva of a person who is convicted of sexual assault or any other sexual

4-21 offense [.

4-22 (b) Use] ; and

4-23 (3) Records of public safety.

4-24 (b) When practicable, use a record of the [subject’s fingerprints]

4-25 personal identifying information of a subject as the basis for any records

4-26 maintained regarding him.

4-27 (c) Upon request during a state of emergency proclaimed pursuant to

4-28 NRS 414.070, provide the information that is contained in the central

4-29 repository to the state disaster identification team of the division of

4-30 emergency management of the department of motor vehicles and public

4-31 safety.

4-32 5. The division may:

4-33 (a) [Disseminate] Except as otherwise provided in paragraph (b),

4-34 disseminate any information which is contained in the central repository to

4-35 any other agency of criminal justice;

4-36 (b) Except as otherwise provided in subsection 4 of NRS 179A.100,

4-37 disseminate only to law enforcement agencies in this state, records

4-38 concerning:

4-39 (1) An applicant for the issuance or renewal of a permit to carry a

4-40 concealed firearm submitted to the central repository pursuant to NRS

4-41 202.366 or 202.3687; and

5-1 (2) An applicant for the issuance or renewal of an occupational

5-2 license or permit submitted to the central repository pursuant to section 4

5-3 of this act.

5-4 (c) Enter into cooperative agreements with federal and state repositories

5-5 to facilitate exchanges of [such information;] the information that the

5-6 central repository may disseminate pursuant to paragraph (a); and

5-7 [(c)] (d) Request of and receive from the Federal Bureau of

5-8 Investigation information on the background and personal history of any

5-9 person [:] whose record of fingerprints the central repository submits to

5-10 the Federal Bureau of Investigation and:

5-11 (1) Who has applied to any agency of the [state] State of Nevada or

5-12 any political subdivision thereof for a license which it has the power to

5-13 grant or deny;

5-14 (2) With whom any agency of the [state] State of Nevada or any

5-15 political subdivision thereof intends to enter into a relationship of

5-16 employment or a contract for personal services;

5-17 (3) About whom any agency of the [state] State of Nevada or any

5-18 political subdivision thereof has a legitimate need to have accurate

5-19 personal information for the protection of the agency or the persons within

5-20 its jurisdiction; or

5-21 (4) For whom such information is required to be obtained pursuant to

5-22 NRS 449.179.

5-23 6. The central repository shall:

5-24 (a) Collect and maintain records, reports and compilations of statistical

5-25 data submitted by any agency pursuant to subsection 2.

5-26 (b) Tabulate and analyze all records, reports and compilations of

5-27 statistical data received pursuant to this section.

5-28 (c) Disseminate to federal agencies engaged in the collection of

5-29 statistical data relating to crime information which is contained in the

5-30 central repository.

5-31 (d) Investigate the criminal history of any person who:

5-32 (1) Has applied to the superintendent of public instruction for a

5-33 license;

5-34 (2) Has applied to a county school district for employment; or

5-35 (3) Is employed by a county school district,

5-36 and notify the superintendent of each county school district and the

5-37 superintendent of public instruction if the investigation of the central

5-38 repository indicates that the person has been convicted of a violation of

5-39 NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a

5-40 felony or any offense involving moral turpitude.

5-41 (e) Upon discovery, notify the superintendent of each county school

5-42 district by providing him with a list of all persons:

5-43 (1) Investigated pursuant to paragraph (d); or

6-1 (2) Employed by a county school district whose fingerprints were sent

6-2 previously to the central repository for investigation,

6-3 who the central repository’s records indicate have been convicted of a

6-4 violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or

6-5 convicted of a felony or any offense involving moral turpitude since the

6-6 central repository’s initial investigation. The superintendent of each county

6-7 school district shall determine whether further investigation or action by the

6-8 district is appropriate.

6-9 (f) Investigate the criminal history of each person who submits

6-10 fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or

6-11 449.179.

6-12 (g) On or before July 1 of each year, prepare and present to the governor

6-13 a printed annual report containing the statistical data relating to crime

6-14 received during the preceding calendar year. Additional reports may be

6-15 presented to the governor throughout the year regarding specific areas of

6-16 crime if they are recommended by the advisory committee and approved by

6-17 the director of the department.

6-18 (h) On or before [January 31] July 1 of each [odd-numbered] year,

6-19 prepare and submit to the director of the legislative counsel bureau, for

6-20 submission to the legislature, or the legislative commission when the

6-21 legislature is not in regular session, a report containing statistical data

6-22 about domestic violence in this state.

6-23 (i) Identify and review the collection and processing of statistical data

6-24 relating to criminal justice and the delinquency of children by any agency

6-25 identified in subsection 2, and make recommendations for any necessary

6-26 changes in the manner of collecting and processing statistical data by any

6-27 such agency.

6-28 7. The central repository may:

6-29 (a) At the recommendation of the advisory committee and in the manner

6-30 prescribed by the director of the department, disseminate compilations of

6-31 statistical data and publish statistical reports relating to crime or the

6-32 delinquency of children.

6-33 (b) Charge a reasonable fee for any publication or special report it

6-34 distributes relating to data collected pursuant to this section. The central

6-35 repository may not collect such a fee from an agency of criminal justice,

6-36 any other agency dealing with crime or the delinquency of children which

6-37 is required to submit information pursuant to subsection 2 or the state

6-38 disaster identification team of the division of emergency management of the

6-39 department of motor vehicles and public safety. All money collected

6-40 pursuant to this paragraph must be used to pay for the cost of operating the

6-41 central repository.

6-42 (c) In the manner prescribed by the director of the department, use

6-43 electronic means to receive and disseminate information contained in the

7-1 central repository that it is authorized to disseminate pursuant to the

7-2 provisions of this chapter.

7-3 (d) Collect and maintain records submitted to the central repository

7-4 pursuant to section 4 of this act.

7-5 8. As used in this [section, "advisory] section:

7-6 (a) "Advisory committee" means the committee established by the

7-7 director of the department pursuant to NRS 179A.078.

7-8 (b) "Personal identifying information" means any information

7-9 designed, commonly used or capable of being used, alone or in

7-10 conjunction with any other information, to identify a person, including,

7-11 without limitation:

7-12 (1) The name, driver’s license number, social security number, date

7-13 of birth and photograph or computer generated image of a person; and

7-14 (2) The fingerprints, voiceprint, retina image and iris image of a

7-15 person.

7-16 Sec. 8. NRS 179A.080 is hereby amended to read as follows:

7-17 179A.080 The director of the department is responsible for

7-28 private agencies, organizations or persons.

7-29 Sec. 9. NRS 179A.100 is hereby amended to read as follows:

7-30 179A.100 1. The following records of criminal history may be

7-43 (c) Reported to the central repository.

8-1 3. An agency of criminal justice shall disseminate to a prospective

8-2 employer, upon request, records of criminal history concerning a

8-3 prospective employee or volunteer which:

8-4 (a) Reflect convictions only; or

8-5 (b) Pertain to an incident for which the prospective employee or

8-6 volunteer is currently within the system of criminal justice, including parole

8-7 or probation.

8-8 4. The central repository shall disseminate to a prospective or current

8-9 employer, upon request, information relating to sexual offenses , other

8-10 records of criminal history or records of public safety concerning an

8-11 employee, prospective employee, volunteer or prospective volunteer who

8-12 gives his written consent to the release of that information.

8-13 5. Records of criminal history must be disseminated by an agency of

8-14 criminal justice upon request, to the following persons or governmental

8-15 entities:

8-16 (a) The person who is the subject of the record of criminal history for

8-17 the purposes of NRS 179A.150.

8-18 (b) The person who is the subject of the record of criminal history or his

8-19 attorney of record when the subject is a party in a judicial, administrative,

8-20 licensing, disciplinary or other proceeding to which the information is

8-21 relevant.

8-22 (c) The state gaming control board.

8-23 (d) The state board of nursing.

8-24 (e) The private investigator’s licensing board to investigate an applicant

8-25 for a license.

8-26 (f) A public administrator to carry out his duties as prescribed in chapter

8-27 253 of NRS.

8-28 (g) A public guardian to investigate a ward or proposed ward or persons

8-29 who may have knowledge of assets belonging to a ward or proposed ward.

8-30 (h) Any agency of criminal justice of the United States or of another

8-31 state or the District of Columbia.

8-32 (i) Any public utility subject to the jurisdiction of the public utilities

8-33 commission of Nevada when the information is necessary to conduct a

8-34 security investigation of an employee or prospective employee, or to

8-35 protect the public health, safety or welfare.

8-36 (j) Persons and agencies authorized by statute, ordinance, executive

8-37 order, court rule, court decision or court order as construed by appropriate

8-38 state or local officers or agencies.

8-39 (k) Any person or governmental entity which has entered into a contract

8-40 to provide services to an agency of criminal justice relating to the

8-41 administration of criminal justice, if authorized by the contract, and if the

8-42 contract also specifies that the information will be used only for stated

9-1 purposes and that it will be otherwise confidential in accordance with state

9-2 and federal law and regulation.

9-3 (l) Any reporter for the electronic or printed media in his professional

9-4 capacity for communication to the public.

9-5 (m) Prospective employers if the person who is the subject of the

9-6 information has given written consent to the release of that information by

9-7 the agency which maintains it.

9-8 (n) For the express purpose of research, evaluative or statistical

9-9 programs pursuant to an agreement with an agency of criminal justice.

9-10 (o) The division of child and family services of the department of human

9-11 resources and any county agency that is operated pursuant to NRS

9-12 432B.325 or authorized by a court of competent jurisdiction to receive and

9-13 investigate reports of abuse or neglect of children and which provides or

9-14 arranges for protective services for such children.

9-15 (p) The welfare division of the department of human resources or its

9-16 designated representative.

9-17 (q) An agency of this or any other state or the Federal Government that

9-18 is conducting activities pursuant to Part D of Title IV of the Social Security

9-19 Act , [(] 42 U.S.C. §§ 651 et seq. [).]

9-20 (r) The state disaster identification team of the division of emergency

9-21 management of the department of motor vehicles and public safety during a

9-22 state of emergency proclaimed pursuant to NRS 414.070.

9-23 6. Agencies of criminal justice in this state which receive information

9-24 from sources outside this state concerning transactions involving criminal

9-25 justice which occur outside Nevada shall treat the information as

9-26 confidentially as is required by the provisions of this chapter.

9-27 Sec. 10. NRS 179A.130 is hereby amended to read as follows:

9-28 179A.130 Each agency of criminal justice which maintains and

9-40 4. A brief description of the information provided.

9-41 Sec. 11. NRS 179A.140 is hereby amended to read as follows:

9-42 179A.140 1. An agency of criminal justice may charge a reasonable

9-43 fee for information relating to sexual offenses , [or] other records of

10-1 criminal history or records of public safety furnished to any person or

10-2 governmental entity except another agency of criminal justice and the state

10-3 disaster identification team of the division of emergency management of the

10-4 department of motor vehicles and public safety. The central repository shall

10-5 not charge such a fee for information relating to a person regarding whom

10-6 the central repository furnished a similar report within the immediately

10-7 preceding 6 months in conjunction with the application by that person for

10-8 professional licensure.

10-9 2. All money received or collected by the department pursuant to this

10-10 section must be used to defray the cost of operating the central repository.

10-11 Sec. 12. NRS 179A.150 is hereby amended to read as follows:

10-12 179A.150 1. [The] Except as otherwise provided in this subsection,

10-43 other record] , other records of criminal history or records of public safety

11-1 found by the director to be inaccurate, insufficient or incomplete in any

11-2 material respect;

11-3 (c) The dissemination of corrected information to those persons or

11-4 agencies which have previously received inaccurate or incomplete

11-5 information; and

11-6 (d) A time limit of not more than 90 days within which inaccurate or

11-7 insufficient information relating to sexual offenses , [or] other records of

11-8 criminal history or records of public safety must be corrected and the

11-9 corrected information disseminated. The corrected information must be

11-10 sent to each person who requested the information in the 12 months

11-11 preceding the date on which the correction was made, and notice of the

11-12 correction must be sent to each person entitled thereto pursuant to NRS

11-13 179A.210, to the address given by each person who requested the

11-14 information when the request was made.

11-15 Sec. 13. NRS 179A.900 is hereby amended to read as follows:

11-16 179A.900 Any person who [:

11-26 is guilty of a misdemeanor.

11-27 Sec. 14. NRS 62.350 is hereby amended to read as follows:

11-28 62.350 1. The fingerprints of a child must be taken if the child is in

11-42 fingerprints. If the comparison is:

12-1 (a) Negative, the fingerprint card and other copies of the fingerprints

12-2 taken may be immediately destroyed or may be retained for future use.

12-3 (b) Positive, the fingerprint card and other copies of the fingerprints:

12-4 (1) Must be delivered to the court for disposition if the child is

12-5 referred to court.

12-6 (2) May be immediately destroyed or may be retained for future use if

12-7 the child is not referred to court.

12-8 3. Fingerprints that are taken from a child pursuant to the provisions of

12-9 this section:

12-10 (a) May be retained in a local file or a local system for the automatic

12-11 retrieval of fingerprints if they are retained under special security measures

12-12 that limit inspection of the fingerprints to law enforcement officers who are

12-13 conducting criminal investigations. If the child from whom the fingerprints

12-14 are taken subsequently is not adjudicated delinquent, the parent or guardian

12-15 of the child or, when the child becomes at least 18 years of age, the child,

12-16 may petition the court for the removal of the fingerprints from any such

12-17 local file or local system.

12-18 (b) Must be submitted to the central repository for Nevada records of

12-19 criminal history if the child is adjudicated delinquent for an act that, if

12-20 committed by an adult, would be a felony or sexual offense, and may be

12-21 submitted to the central repository for any other act. Any such fingerprints

12-22 submitted to the central repository must be submitted with a description

12-23 of the child and the unlawful act, if any, that the child committed. The

12-24 central repository shall retain the fingerprints and such information of the

12-25 child under special security measures that limit inspection of the

12-26 fingerprints and such information to law enforcement officers who are

12-27 conducting criminal investigations and to officers and employees of the

12-28 central repository who are assisting law enforcement officers with criminal

12-29 investigations or who are conducting research or performing a statistical

12-30 analysis.

12-31 (c) Must not be submitted to the Federal Bureau of Investigation unless

12-32 the child is adjudicated delinquent for an act that, if committed by an adult,

12-33 would be a felony or a sexual offense.

12-34 4. A child who is in custody must be photographed for the purpose of

12-35 identification. Except as otherwise provided in this subsection, the

12-36 photographs of the child must be kept in the file pertaining to the child

12-37 under special security measures that limit inspection of the photographs to

12-38 law enforcement officers who are conducting criminal investigations. If a

12-39 court subsequently determines that the child is not delinquent, the court

12-40 shall order the photographs to be destroyed.

12-41 5. Any person who willfully violates any provision of this section is

12-42 guilty of a misdemeanor.

13-1 Sec. 15. NRS 202.366 is hereby amended to read as follows:

13-2 202.366 1. Upon receipt by a sheriff of an application for a permit,

13-39 date of birth of a permittee is on February 29 in a leap year, for the

14-1 purposes of NRS 202.3653 to 202.369, inclusive, his date of birth shall be

14-2 deemed to be on February 28.

14-3 Sec. 16. NRS 202.3687 is hereby amended to read as follows:

14-4 202.3687 1. The provisions of NRS 202.3653 to 202.369, inclusive,

14-12 central repository for Nevada records of criminal history.

14-13 Sec. 17. Chapter 209 of NRS is hereby amended by adding thereto a

14-19 imprisonment in an institution or facility of the department;

14-23 (c) The date of admission of the offender; and

14-24 2. A notice of the release of each offender.

14-25 Sec. 18. NRS 440.430 is hereby amended to read as follows:

14-26 440.430 1. Any coroner whose duty it is to hold an inquest on the

14-34 3. A coroner who makes a certificate of death concerning a person

14-35 for whom the central repository for Nevada records of criminal history

14-36 has a record shall collect and submit a record of the certificate of death

14-37 and, if possible, a record of the fingerprints of the decedent to the central

14-38 repository in the time and manner prescribed by the director of the

14-39 department of motor vehicles and public safety.

14-40 Sec. 19. NRS 481.245 is hereby amended to read as follows:

14-41 481.245 1. When a coroner is unable to establish the identity of a

14-42 dead body by means other than by dental records, he shall [have] :

15-1 (a) Collect a record of the fingerprints of the decedent, if possible, and

15-2 submit the record to the central repository for Nevada records of criminal

15-3 history; and

15-4 (b) Have a dental examination of the body [made] conducted by a

15-5 dentist. The dentist shall prepare a record of his findings and forward it to

15-6 the investigation division and to the central repository for Nevada records

15-7 of criminal history.

15-8 2. Each sheriff, chief of police or other law enforcement agency which

15-9 receives a report of a person missing under suspicious circumstances who is

15-10 18 years or older shall:

15-11 (a) Transmit to the investigation division and to the central repository

15-12 for Nevada records of criminal history:

15-13 (1) The initial report that contains identifying information concerning

15-14 the missing person within 72 hours after the receipt of that report; and

15-15 (2) Any subsequent report concerning the missing person within 5

15-16 working days after the receipt of that report if the report contains additional

15-17 identifying information concerning the missing person;

15-18 (b) Notify immediately such persons and make inquiries concerning the

15-19 missing person as the agency deems necessary; and

15-20 (c) Enter the information concerning the missing person into the

15-21 computer for the National Crime Information Center and the central

15-22 repository for Nevada records of criminal history, if appropriate.

15-23 3. The sheriff, chief of police or other law enforcement agency shall

15-24 request the written consent of the next of kin or guardian of a person who

15-25 has been reported to him as missing for 30 days or more to obtain certain

15-26 identifying information about the missing person that the National Crime

15-27 Information Center recommends be provided from the appropriate

15-28 providers of medical care. After receiving the written consent, the sheriff,

15-29 chief of police or other law enforcement agency shall obtain the identifying

15-30 information from the providers of medical care and forward that

15-31 information and any other relevant information to the investigation division

15-32 and to the central repository for Nevada records of criminal history for

15-33 comparison with the identifying information that is on file concerning

15-34 unidentified deceased persons. This subsection does not prevent the

15-35 voluntary release of identifying information about the missing person by the

15-36 next of kin or guardian of the missing person at any time.

15-37 4. The next of kin or guardian of the person reported as missing shall

15-38 promptly notify the appropriate law enforcement agency when the missing

15-39 person is found.

15-40 5. The sheriff, chief of police or other law enforcement agency shall

15-41 inform the investigation division, the central repository for Nevada records

15-42 of criminal history and the National Crime Information Center when a

15-43 missing person has been found.

16-1 6. The investigation division and the central repository for Nevada

16-2 records of criminal history shall:

16-3 (a) Maintain the records and other information forwarded to them

16-4 pursuant to subsections 1, 2 and 3 for the purpose of comparing the records

16-5 and otherwise assisting in the identification of dead bodies; and

16-6 (b) Upon request during a state of emergency proclaimed pursuant to

16-7 NRS 414.070, provide the records and other information that are

16-8 maintained pursuant to this subsection to the state disaster identification

16-9 team of the division of emergency management of the department.

16-10 Sec. 20. The amendatory provisions of section 13 of this act do not

16-11 apply to offenses committed before the effective date of this act.

16-12 Sec. 21. This act becomes effective upon passage and approval.