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. NRS 179A.070 is hereby amended to read as follows:

1-11 179A.070 1. "Record of criminal history" means information

1-15 warrants, arrests, [detention,] citations for misdemeanors issued pursuant

2-1 to NRS 171.1773, citations issued for violations of NRS 484.379 and

2-2 484.3795, detentions, decisions of a district attorney or the attorney

2-3 general not to prosecute the subject, indictments, informations or other

2-4 formal criminal charges and dispositions of charges, including , without

2-5 limitation, dismissals, acquittals, convictions, sentences, information set

2-6 forth in section 7 of this act concerning an offender in prison, any post-

2-7 conviction relief, correctional supervision occurring in Nevada,

2-8 information concerning the status of an offender on parole or probation,

2-9 and information concerning a convicted person who has registered as such

2-10 pursuant to chapter 179C of NRS. The term includes only information

2-11 contained in [memoranda] a record, maintained in written or electronic

2-12 form, of a formal [transactions] transaction between a person and an

2-13 agency of criminal justice in this state [. The term is intended to be

2-14 equivalent to the phrase "criminal history record information" as used in

2-15 federal regulations.] , including, without limitation, the fingerprints of a

2-16 person who is arrested and taken into custody and of a person who is

2-17 placed on parole or probation and supervised by the division of parole

2-18 and probation of the department.

2-19 2. "Record of criminal history" does not include:

2-20 (a) Investigative or intelligence information, reports of crime or other

2-21 information concerning specific persons collected in the course of the

2-22 enforcement of criminal laws ; [.]

2-23 (b) Information concerning juveniles ; [.]

2-24 (c) Posters, announcements or lists intended to identify fugitives or

2-25 wanted persons and aid in their apprehension ; [.]

2-26 (d) Original records of entry maintained by agencies of criminal justice

2-27 if the records are chronological and not cross-indexed ; [in any other way.]

2-28 (e) Records of application for and issuance, suspension, revocation or

2-29 renewal of occupational licenses, including , without limitation, permits to

2-30 work in the gaming industry [.

2-31 (f) Court] ;

2-32 (f) Except as otherwise provided in subsection 1, court indices and

2-33 records of public judicial proceedings, court decisions and opinions, and

2-34 information disclosed during public judicial proceedings ; [.]

2-35 (g) [Records] Except as otherwise provided in subsection 1, records of

2-36 traffic violations constituting misdemeanors ; [.]

2-37 (h) Records of traffic offenses maintained by the department to regulate

2-38 the issuance, suspension, revocation or renewal of drivers’ or other

2-39 operators’ licenses ; [.]

2-40 (i) Announcements of actions by the state board of pardons

2-41 commissioners and the state board of parole commissioners, except

2-42 information concerning the status of an offender on parole or probation [.] ;

2-43 or

3-1 (j) Records which originated in an agency other than an agency of

3-2 criminal justice in this state.

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

3-4 179A.075 1. The central repository for Nevada records of criminal

3-43 NRS 414.070, provide the information that is contained in the central

4-1 repository to the state disaster identification team of the division of

4-2 emergency management of the department of motor vehicles and public

4-3 safety.

4-4 5. The division may:

4-5 (a) Disseminate any information which is contained in the central

4-6 repository to any other agency of criminal justice;

4-7 (b) Enter into cooperative agreements with federal and state repositories

4-8 to facilitate exchanges of [such information;] information that may be

4-9 disseminated pursuant to paragraph (a); and

4-10 (c) Request of and receive from the Federal Bureau of Investigation

4-11 information on the background and personal history of any person [:]

4-12 whose record of fingerprints the central repository submits to the Federal

4-13 Bureau of Investigation and:

4-14 (1) Who has applied to any agency of the [state] State of Nevada or

4-15 any political subdivision thereof for a license which it has the power to

4-16 grant or deny;

4-17 (2) With whom any agency of the [state] State of Nevada or any

4-18 political subdivision thereof intends to enter into a relationship of

4-19 employment or a contract for personal services;

4-20 (3) About whom any agency of the [state] State of Nevada or any

4-21 political subdivision thereof has a legitimate need to have accurate

4-22 personal information for the protection of the agency or the persons within

4-23 its jurisdiction; or

4-24 (4) For whom such information is required to be obtained pursuant to

4-25 NRS 449.179.

4-26 6. The central repository shall:

4-27 (a) Collect and maintain records, reports and compilations of statistical

4-28 data submitted by any agency pursuant to subsection 2.

4-29 (b) Tabulate and analyze all records, reports and compilations of

4-30 statistical data received pursuant to this section.

4-31 (c) Disseminate to federal agencies engaged in the collection of

4-32 statistical data relating to crime information which is contained in the

4-33 central repository.

4-34 (d) Investigate the criminal history of any person who:

4-35 (1) Has applied to the superintendent of public instruction for a

4-36 license;

4-37 (2) Has applied to a county school district for employment; or

4-38 (3) Is employed by a county school district,

4-39 and notify the superintendent of each county school district and the

4-40 superintendent of public instruction if the investigation of the central

4-41 repository indicates that the person has been convicted of a violation of

4-42 NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a

4-43 felony or any offense involving moral turpitude.

5-1 (e) Upon discovery, notify the superintendent of each county school

5-2 district by providing him with a list of all persons:

5-3 (1) Investigated pursuant to paragraph (d); or

5-4 (2) Employed by a county school district whose fingerprints were sent

5-5 previously to the central repository for investigation,

5-6 who the central repository’s records indicate have been convicted of a

5-7 violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or

5-8 convicted of a felony or any offense involving moral turpitude since the

5-9 central repository’s initial investigation. The superintendent of each county

5-10 school district shall determine whether further investigation or action by the

5-11 district is appropriate.

5-12 (f) Investigate the criminal history of each person who submits

5-13 fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or

5-14 449.179.

5-15 (g) On or before July 1 of each year, prepare and present to the governor

5-16 a printed annual report containing the statistical data relating to crime

5-17 received during the preceding calendar year. Additional reports may be

5-18 presented to the governor throughout the year regarding specific areas of

5-19 crime if they are recommended by the advisory committee and approved by

5-20 the director of the department.

5-21 (h) On or before [January 31] July 1 of each [odd-numbered] year,

5-22 prepare and submit to the director of the legislative counsel bureau, for

5-23 submission to the legislature, or the legislative commission when the

5-24 legislature is not in regular session, a report containing statistical data

5-25 about domestic violence in this state.

5-26 (i) Identify and review the collection and processing of statistical data

5-27 relating to criminal justice and the delinquency of children by any agency

5-28 identified in subsection 2, and make recommendations for any necessary

5-29 changes in the manner of collecting and processing statistical data by any

5-30 such agency.

5-31 7. The central repository may:

5-32 (a) At the recommendation of the advisory committee and in the manner

5-33 prescribed by the director of the department, disseminate compilations of

5-34 statistical data and publish statistical reports relating to crime or the

5-35 delinquency of children.

5-36 (b) Charge a reasonable fee for any publication or special report it

5-37 distributes relating to data collected pursuant to this section. The central

5-38 repository may not collect such a fee from an agency of criminal justice,

5-39 any other agency dealing with crime or the delinquency of children which

5-40 is required to submit information pursuant to subsection 2 or the state

5-41 disaster identification team of the division of emergency management of the

5-42 department of motor vehicles and public safety. All money collected

6-1 pursuant to this paragraph must be used to pay for the cost of operating the

6-2 central repository.

6-3 (c) In the manner prescribed by the director of the department, use

6-4 electronic means to receive and disseminate information contained in the

6-5 central repository that it is authorized to disseminate pursuant to the

6-6 provisions of this chapter.

6-7 8. As used in this [section, "advisory] section:

6-8 (a) "Advisory committee" means the committee established by the

6-9 director of the department pursuant to NRS 179A.078.

6-10 (b) "Personal identifying information" means any information

6-11 designed, commonly used or capable of being used, alone or in

6-12 conjunction with any other information, to identify a person, including,

6-13 without limitation:

6-14 (1) The name, driver’s license number, social security number, date

6-15 of birth and photograph or computer generated image of a person; and

6-16 (2) The fingerprints, voiceprint, retina image and iris image of a

6-17 person.

6-18 Sec. 4. NRS 62.350 is hereby amended to read as follows:

6-19 62.350 1. The fingerprints of a child must be taken if the child is in

6-42 this section:

7-1 (a) May be retained in a local file or a local system for the automatic

7-2 retrieval of fingerprints if they are retained under special security measures

7-3 that limit inspection of the fingerprints to law enforcement officers who are

7-4 conducting criminal investigations. If the child from whom the fingerprints

7-5 are taken subsequently is not adjudicated delinquent, the parent or guardian

7-6 of the child or, when the child becomes at least 18 years of age, the child,

7-7 may petition the court for the removal of the fingerprints from any such

7-8 local file or local system.

7-9 (b) Must be submitted to the central repository for Nevada records of

7-10 criminal history if the child is adjudicated delinquent for an act that, if

7-11 committed by an adult, would be a felony or sexual offense, and may be

7-12 submitted to the central repository for any other act. Any such fingerprints

7-13 submitted to the central repository must be submitted with a description

7-14 of the child and the unlawful act, if any, that the child committed. The

7-15 central repository shall retain the fingerprints and such information of the

7-16 child under special security measures that limit inspection of the

7-17 fingerprints and such information to law enforcement officers who are

7-18 conducting criminal investigations and to officers and employees of the

7-19 central repository who are assisting law enforcement officers with criminal

7-20 investigations or who are conducting research or performing a statistical

7-21 analysis.

7-22 (c) Must not be submitted to the Federal Bureau of Investigation unless

7-23 the child is adjudicated delinquent for an act that, if committed by an adult,

7-24 would be a felony or a sexual offense.

7-25 4. A child who is in custody must be photographed for the purpose of

7-26 identification. Except as otherwise provided in this subsection, the

7-27 photographs of the child must be kept in the file pertaining to the child

7-28 under special security measures that limit inspection of the photographs to

7-29 law enforcement officers who are conducting criminal investigations. If a

7-30 court subsequently determines that the child is not delinquent, the court

7-31 shall order the photographs to be destroyed.

7-32 5. Any person who willfully violates any provision of this section is

7-33 guilty of a misdemeanor.

7-34 Sec. 5. NRS 202.366 is hereby amended to read as follows:

7-35 202.366 1. Upon receipt by a sheriff of an application for a permit,

7-43 [under] pursuant to state or federal law or is not otherwise qualified to

8-1 obtain a permit pursuant to NRS 202.3653 to 202.369, inclusive, or the

8-2 regulations adopted pursuant thereto.

8-3 2. To assist the sheriff in conducting his investigation, any local law

8-4 enforcement agency, including the sheriff of any county, may voluntarily

8-5 submit to the sheriff a report or other information concerning the criminal

8-6 history of an applicant.

8-7 3. Within 120 days after a complete application for a permit is

8-8 submitted, the sheriff to whom the application is submitted shall grant or

8-9 deny the application. If the application is denied, the sheriff shall send the

8-10 applicant written notification setting forth the reasons for the denial. If the

8-11 application is granted, the sheriff shall provide the applicant with a permit

8-12 containing a colored photograph of the applicant and containing such other

8-13 information as may be prescribed by the department. The permit must be in

8-14 substantially the following form:

8-15 NEVADA CONCEALED FIREARM PERMIT

8-16 County Permit Number

8-17 Expires Date of Birth

8-18 Height Weight

8-19 Name Address

8-20 City Zip

8-21 Photograph

8-22 Signature

8-23 Issued by

8-24 Date of Issue

8-25 Make, model and caliber of firearm authorized

8-26 4. Unless suspended or revoked by the sheriff who issued the permit, a

8-27 permit expires on the fifth anniversary of the permittee’s birthday,

8-28 measured from the birthday nearest the date of issuance or renewal. If the

8-29 date of birth of a permittee is on February 29 in a leap year, for the

8-30 purposes of NRS 202.3653 to 202.369, inclusive, his date of birth shall be

8-31 deemed to be on February 28.

8-32 Sec. 6. NRS 202.3687 is hereby amended to read as follows:

8-33 202.3687 1. The provisions of NRS 202.3653 to 202.369, inclusive,

8-39 provide such information concerning the permit and the person to whom it

9-1 is issued [as is deemed necessary by the department for inclusion in] to the

9-2 central repository for Nevada records of criminal history.

9-3 Sec. 7. Chapter 209 of NRS is hereby amended by adding thereto a

9-9 imprisonment in an institution or facility of the department;

9-13 (c) The date of admission of the offender; and

9-14 2. A notice of the release of each offender.

9-15 Sec. 8. This act becomes effective upon passage and approval.