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. Section 2 of Assembly Bill No. 165 of this session is hereby

9-16 amended to read as follows:

9-17 Sec. 2. NRS 62.350 is hereby amended to read as follows:

9-18 62.350 1. The fingerprints of a child must be taken if the

9-19 child is in custody for an act that, if committed by an adult:

9-20 (a) Would be a felony, a gross misdemeanor or a sexual offense;

9-21 or

9-22 (b) Would be a misdemeanor, and the act involved:

9-23 (1) The use or threatened use of force or violence against the

9-24 victim; or

9-25 (2) The possession, use or threatened use of a firearm or a

9-26 deadly weapon.

9-27 2. The fingerprints of a child who is in custody but who is not

9-28 subject to the provisions of subsection 1 may be taken if a law

9-29 enforcement officer finds latent fingerprints during the investigation

9-30 of an offense and the officer has reason to believe that the latent

9-31 fingerprints are those of the child. The officer shall use the

9-32 fingerprints taken from the child to make an immediate comparison

9-33 with the latent fingerprints. If the comparison is:

9-34 (a) Negative, the fingerprint card and other copies of the

9-35 fingerprints taken may be immediately destroyed or may be retained

9-36 for future use.

9-37 (b) Positive, the fingerprint card and other copies of the

9-38 fingerprints:

9-39 (1) Must be delivered to the court for disposition if the child is

9-40 referred to court.

10-1 (2) May be immediately destroyed or may be retained for

10-2 future use if the child is not referred to court.

10-3 3. Fingerprints that are taken from a child pursuant to the

10-4 provisions of this section:

10-5 (a) May be retained in a local file or a local system for the

10-6 automatic retrieval of fingerprints if they are retained under special

10-7 security measures that limit inspection of the fingerprints to law

10-8 enforcement officers who are conducting criminal investigations. If

10-9 the child from whom the fingerprints are taken subsequently is not

10-10 adjudicated delinquent, the parent or guardian of the child or, when

10-11 the child becomes at least 18 years of age, the child, may petition

10-12 the court for the removal of the fingerprints from any such local file

10-13 or local system.

10-14 (b) Must be submitted to the central repository for Nevada

10-15 records of criminal history if the child is adjudicated delinquent for

10-16 an act that, if committed by an adult, would be a felony or sexual

10-17 offense, and may be submitted to the central repository for any

10-18 other act. Any such fingerprints submitted to the central repository

10-19 must be submitted with a description of the child and the unlawful

10-20 act, if any, that the child committed. The central repository shall

10-21 retain the fingerprints and such information of the child under

10-22 special security measures that limit inspection of the fingerprints

10-23 and such information to law enforcement officers who are

10-24 conducting criminal investigations and to officers and employees of

10-25 the central repository who are assisting law enforcement officers

10-26 with criminal investigations or who are conducting research or

10-27 performing a statistical analysis.

10-28 (c) Must not be submitted to the Federal Bureau of Investigation

10-29 unless the child is adjudicated delinquent for an act that, if

10-30 committed by an adult, would be a felony or a sexual offense.

10-31 4. A child who is in custody must be photographed for the

10-32 purpose of identification. Except as otherwise provided in this

10-33 subsection, the photographs of the child must be kept in the file

10-34 pertaining to the child under special security measures which

10-35 provide that [limit inspection of] the photographs [to law

10-36 enforcement officers who are conducting] may be inspected only to

10-37 conduct criminal investigations [.] and photographic lineups. If a

10-38 court subsequently determines that the child is not delinquent, the

10-39 court shall order the photographs to be destroyed.

10-40 5. Any person who willfully violates any provision of this

10-41 section is guilty of a misdemeanor.

11-1 Sec. 9. Section 22 of Assembly Bill No. 626 of this session is hereby

11-2 amended to read as follows:

11-3 Sec. 22. NRS 179A.075 is hereby amended to read as follows:

11-4 179A.075 1. The central repository for Nevada records of

11-5 criminal history is hereby created within the Nevada highway patrol

11-6 division of the department.

11-7 2. Each agency of criminal justice and any other agency dealing

11-8 with crime or delinquency of children shall:

11-9 (a) Collect and maintain records, reports and compilations of

11-10 statistical data required by the department; and

11-11 (b) Submit the information collected to the central repository in

11-12 the manner recommended by the advisory committee and approved

11-13 by the director of the department.

11-14 3. Each agency of criminal justice shall submit the information

11-15 relating to sexual offenses and other records of criminal history that

11-16 it creates or issues, and any information in its possession relating to

11-17 the genetic markers of the blood and the secretor status of the saliva

11-18 of a person who is convicted of sexual assault or any other sexual

11-19 offense, to the division in the manner prescribed by the director of

11-20 the department. The information must be submitted to the division:

11-21 (a) Through an electronic network;

11-22 (b) On a medium of magnetic storage; or

11-23 (c) In the manner prescribed by the director of the department,

11-24 within the period prescribed by the director of the department. If an

11-25 agency has submitted a record regarding the arrest of a person who

11-26 is later determined by the agency not to be the person who

11-27 committed the particular crime, the agency shall, immediately upon

11-28 making that determination, so notify the division. The division shall

11-29 delete all references in the central repository relating to that

11-30 particular arrest.

11-31 4. The division shall, in the manner prescribed by the director

11-32 of the department:

11-33 (a) Collect, maintain and arrange all information submitted to it

11-34 relating to:

11-35 (1) Sexual offenses and other records of criminal history; and

11-36 (2) The genetic markers of the blood and the secretor status of

11-37 the saliva of a person who is convicted of sexual assault or any

11-38 other sexual offense.

11-39 (b) When practicable, use a record of the personal identifying

11-40 information of a subject as the basis for any records maintained

11-41 regarding him.

11-42 (c) Upon request during a state of emergency or declaration of

11-43 disaster proclaimed pursuant to NRS 414.070, provide the

12-1 information that is contained in the central repository to the state

12-2 disaster identification team of the division of emergency

12-3 management of the department of motor vehicles and public safety.

12-4 5. The division may:

12-5 (a) Disseminate any information which is contained in the

12-6 central repository to any other agency of criminal justice;

12-7 (b) Enter into cooperative agreements with federal and state

12-8 repositories to facilitate exchanges of information that may be

12-9 disseminated pursuant to paragraph (a); and

12-10 (c) Request of and receive from the Federal Bureau of

12-11 Investigation information on the background and personal history of

12-12 any person whose record of fingerprints the central repository

12-13 submits to the Federal Bureau of Investigation and:

12-14 (1) Who has applied to any agency of the State of Nevada or

12-15 any political subdivision thereof for a license which it has the power

12-16 to grant or deny;

12-17 (2) With whom any agency of the State of Nevada or any

12-18 political subdivision thereof intends to enter into a relationship of

12-19 employment or a contract for personal services;

12-20 (3) About whom any agency of the State of Nevada or any

12-21 political subdivision thereof has a legitimate need to have accurate

12-22 personal information for the protection of the agency or the persons

12-23 within its jurisdiction; or

12-24 (4) For whom such information is required to be obtained

12-25 pursuant to NRS 449.179.

12-26 6. The central repository shall:

12-27 (a) Collect and maintain records, reports and compilations of

12-28 statistical data submitted by any agency pursuant to subsection 2.

12-29 (b) Tabulate and analyze all records, reports and compilations of

12-30 statistical data received pursuant to this section.

12-31 (c) Disseminate to federal agencies engaged in the collection of

12-32 statistical data relating to crime information which is contained in

12-33 the central repository.

12-34 (d) Investigate the criminal history of any person who:

12-35 (1) Has applied to the superintendent of public instruction for

12-36 a license;

12-37 (2) Has applied to a county school district for employment; or

12-38 (3) Is employed by a county school district,

12-39 and notify the superintendent of each county school district and the

12-40 superintendent of public instruction if the investigation of the

12-41 central repository indicates that the person has been convicted of a

13-1 violation of NRS 200.508, 201.230, 453.3385, 453.339 or

13-2 453.3395, or convicted of a felony or any offense involving moral

13-3 turpitude.

13-4 (e) Upon discovery, notify the superintendent of each county

13-5 school district by providing him with a list of all persons:

13-6 (1) Investigated pursuant to paragraph (d); or

13-7 (2) Employed by a county school district whose fingerprints

13-8 were sent previously to the central repository for investigation,

13-9 who the central repository’s records indicate have been convicted of

13-10 a violation of NRS 200.508, 201.230, 453.3385, 453.339 or

13-11 453.3395, or convicted of a felony or any offense involving moral

13-12 turpitude since the central repository’s initial investigation. The

13-13 superintendent of each county school district shall determine

13-14 whether further investigation or action by the district is appropriate.

13-15 (f) Investigate the criminal history of each person who submits

13-16 fingerprints or has his fingerprints submitted pursuant to NRS

13-17 449.176 or 449.179.

13-18 (g) On or before July 1 of each year, prepare and present to the

13-19 governor a printed annual report containing the statistical data

13-20 relating to crime received during the preceding calendar year.

13-21 Additional reports may be presented to the governor throughout the

13-22 year regarding specific areas of crime if they are recommended by

13-23 the advisory committee and approved by the director of the

13-24 department.

13-25 (h) On or before July 1 of each year, prepare and submit to the

13-26 director of the legislative counsel bureau, for submission to the

13-27 legislature, or the legislative commission when the legislature is not

13-28 in regular session, a report containing statistical data about domestic

13-29 violence in this state.

13-30 (i) Identify and review the collection and processing of statistical

13-31 data relating to criminal justice and the delinquency of children by

13-32 any agency identified in subsection 2, and make recommendations

13-33 for any necessary changes in the manner of collecting and

13-34 processing statistical data by any such agency.

13-35 7. The central repository may:

13-36 (a) At the recommendation of the advisory committee and in the

13-37 manner prescribed by the director of the department, disseminate

13-38 compilations of statistical data and publish statistical reports

13-39 relating to crime or the delinquency of children.

13-40 (b) Charge a reasonable fee for any publication or special report

13-41 it distributes relating to data collected pursuant to this section. The

13-42 central repository may not collect such a fee from an agency of

13-43 criminal justice, any other agency dealing with crime or the

14-1 delinquency of children which is required to submit information

14-2 pursuant to subsection 2 or the state disaster identification team of

14-3 the division of emergency management of the department of motor

14-4 vehicles and public safety. All money collected pursuant to this

14-5 paragraph must be used to pay for the cost of operating the central

14-6 repository.

14-7 (c) In the manner prescribed by the director of the department,

14-8 use electronic means to receive and disseminate information

14-9 contained in the central repository that it is authorized to

14-10 disseminate pursuant to the provisions of this chapter.

14-11 8. As used in this section:

14-12 (a) "Advisory committee" means the committee established by

14-13 the director of the department pursuant to NRS 179A.078.

14-14 (b) "Personal identifying information" means any information

14-15 designed, commonly used or capable of being used, alone or in

14-16 conjunction with any other information, to identify a person,

14-17 including, without limitation:

14-18 (1) The name, driver’s license number, social security

14-19 number, date of birth and photograph or computer generated image

14-20 of a person; and

14-21 (2) The fingerprints, voiceprint, retina image and iris image of

14-22 a person.

14-23 Sec. 10. This act becomes effective upon passage and approval.