Assembly Amendment to Assembly Bill No. 621 (BDR 14-545)
Proposed by: Committee on Judiciary
Amendment Box:
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by renumbering section 1 as sec. 4 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
"Section 1. NRS 179.275 is hereby amended to read as follows:
1. The central repository for Nevada records of criminal history; and
2. Each
public or private company, agency or official named in the order, and that person shall seal the records in his custody which relate to the matters contained in the order, shall advise the court of his compliance, and shall then seal the order.Sec. 2. Chapter 179A of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3.
"Record of public safety" means a record, other than a record of criminal history, that is submitted to the central repository by an agency of criminal justice and maintained by the central repository pursuant to the provisions of this chapter.".Amend section 1, page 1, by deleting lines 1 through 3 and inserting:
"Sec. 4.
1. In the time and manner prescribed by the director of the".Amend section 1, page 1, line 5, by deleting "
shall" and inserting "may".Amend section 1, page 1, line 9, after "
authority;" by inserting "and".Amend section 1, page 1, by deleting lines 11 through 13 and inserting "
agency.".Amend section 1, page 2, by deleting lines 3 through 7.
Amend the bill as a whole by renumbering sections 2 through 9 as sections 6 through 13 and adding a new section designated sec. 5, following section 1, to read as follows:
"Sec. 5. NRS 179A.010 is hereby amended to read as follows:
and section 3 of this act have the meanings ascribed to them in those sections.".Amend sec. 2, page 2, line 14, after "
171.1773," by inserting:"
citations issued for violations of NRS 484.379 and 484.3795,".Amend sec. 2, page 2, by deleting lines 17 and 18 and inserting:
"
without limitation, dismissals, acquittals, convictions, sentences,".Amend sec. 2, page 2, line 19, by deleting "
12" and inserting "17".Amend sec. 2, page 2, line 26, by deleting "state.
"state
Amend sec. 2, page 2, line 28, after "
"
, including, without limitation, the fingerprints of a person who is arrested and taken into custody and of a person who is placed on parole or probation and supervised by the division of parole and probation of the department.".Amend sec. 2, page 3, line 4, by deleting "Records" and inserting:
"
Amend sec. 3, page 3, by deleting line 26 and inserting:
"to sexual offenses
,Amend sec. 3, page 3, line 42, by deleting "shall:" and inserting:
"shall
Amend sec. 3, page 4, by deleting lines 1 through 7 and inserting:
"(a) Collect, maintain and arrange all information submitted to it relating to:
(1) Sexual offenses and other records of criminal history;
(2) The genetic markers of the blood and the secretor status of".
Amend sec. 3, page 4, by deleting lines 11 through 14 and inserting:
"(3) Records of public safety.
(b) When practicable, use
a record of theAmend sec. 3, page 4, line 22, by deleting "Disseminate" and inserting:
"
Amend sec. 3, page 4, line 24, after "(b)" by inserting:
"
Except as otherwise provided in subsection 4 of NRS 179A.100, disseminate only to law enforcement agencies in this state, records concerning:(1) An applicant for the issuance or renewal of a permit to carry a concealed firearm submitted to the central repository pursuant to NRS 202.366 or 202.3687; and
(2) An applicant for the issuance or renewal of an occupational license or permit submitted to the central repository pursuant to section 4 of this act.
(c)".
Amend sec. 3, page 4, line 25, by deleting "such information;" and inserting:
"
Amend sec. 3, page 4, line 26, by deleting "(c)" and inserting "
Amend sec. 3, page 4, line 27, by deleting "person:" and inserting:
"person
Amend sec. 3, page 5, by deleting lines 5 and 6 and inserting "central repository.".
Amend sec. 3, page 5, by deleting line 37 and inserting:
"(h) On or before
Amend sec. 3, page 5, line 39, after "legislature," by inserting:
"
or the legislative commission when the legislature is not in regular session,".Amend sec. 3, page 6, line 18, after "
to" by inserting "receive and".Amend sec. 3, page 6, between lines 20 and 21, by inserting:
"
(d) Collect and maintain records submitted to the central repository pursuant to section 4 of this act.".Amend sec. 3, page 6, line 21, by deleting "section, "advisory" and inserting:
"
(a) "Advisory".
Amend sec. 3, page 6, between lines 22 and 23, by inserting:
"
(b) "Personal identifying information" means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:(1) The name, driver’s license number, social security number, date of birth and photograph or computer generated image of a person; and
(2) The fingerprints, voiceprint, retina image and iris image of a person.
".Amend sec. 4, page 6, by deleting lines 33 and 34 and inserting:
"records of criminal history
Amend sec. 5, page 7, line 3, after "agencies" by inserting:
"
of criminal justice".Amend sec. 5, page 7, line 5, after "agency" by inserting:
"
of criminal justice".Amend sec. 5, page 7, line 17, after "offenses" by inserting:
"
, other records of criminal history or records of public safety".Amend sec. 6, page 8, by deleting line 37 and inserting:
"criminal history
or records of public safety".Amend sec. 6, page 8, line 38, by deleting "
440.030".Amend sec. 6, page 9, by deleting line 3 and inserting:
"
of public safety were provided;".Amend sec. 7, page 9, by deleting line 10 and inserting:
"criminal history
or records of public safety".Amend sec. 7, page 9, line 11, by deleting "
440.030".Amend sec. 8, page 9, by deleting line 25 and inserting:
"criminal history
or records of public safety".Amend sec. 8, page 9, line 26, by deleting "
440.030".Amend sec. 8, page 9, by deleting lines 31 and 32 and inserting:
"relating to sexual offenses
,Amend sec. 8, page 9, by deleting line 36 and inserting:
"
of public safety by those persons who".Amend sec. 8, page 10, by deleting line 8 and inserting:
"
of public safety by the person who is the".Amend sec. 8, page 10, by deleting lines 11 and 12 and inserting:
"
Amend sec. 8, page 10, by deleting lines 19 through 25 and inserting:
"criminal history
or records of public safety must be corrected and the corrected information disseminated. The corrected information must be sent to each person who requested the information in the 12 months preceding the date on which the correction was made, and notice of the correction must be sent to each person entitled thereto pursuant to NRS 179A.210, to the address given by each person who requested the information when the request was made.".Amend sec. 9, page 10, by deleting lines 30 and 31 and inserting:
"criminal history
or records of public safety under false pretenses;".Amend sec. 9, page 10, by deleting line 33 and inserting:
"records of criminal history
or records of public safety".Amend sec. 9, page 10, line 34, by deleting "
NRS 440.030".Amend sec. 9, page 10, by deleting lines 36 and 37 and inserting:
"record relating to records of criminal history
Amend the bill as a whole by renumbering sections 10 through 13 as sections 15 through 18 and adding a new section designated sec. 14, following sec. 9, to read as follows:
"Sec. 14. NRS 62.350 is hereby amended to read as follows:
(a) Would be a felony, a gross misdemeanor or a sexual offense; or
(b) Would be a misdemeanor, and the act involved:
(1) The use or threatened use of force or violence against the victim; or
(2) The possession, use or threatened use of a firearm or a deadly weapon.
2. The fingerprints of a child who is in custody but who is not subject to the provisions of subsection 1 may be taken if a law enforcement officer finds latent fingerprints during the investigation of an offense and the officer has reason to believe that the latent fingerprints are those of the child. The officer shall use the fingerprints taken from the child
(a) Negative, the fingerprint card and other copies of the fingerprints taken may be immediately destroyed or may be retained for future use.
(b) Positive, the fingerprint card and other copies of the fingerprints:
(1) Must be delivered to the court for disposition if the child is referred to court.
(2) May be immediately destroyed or may be retained for future use if the child is not referred to court.
3. Fingerprints that are taken from a child pursuant to the provisions of this section:
(a) May be retained in a local file or a local system for the automatic retrieval of fingerprints if they are retained under special security measures that limit inspection of the fingerprints to law enforcement officers who are conducting criminal investigations. If the child from whom the fingerprints are taken subsequently is not adjudicated delinquent, the parent or guardian of the child or, when the child becomes at least 18 years of age, the child, may petition the court for the removal of the fingerprints from any such local file or local system.
(b) Must be submitted to the central repository for Nevada records of criminal history if the child is adjudicated delinquent for an act that, if committed by an adult, would be a felony or sexual offense, and may be submitted to the central repository for any other act.
Any such fingerprints submitted to the central repository must be submitted with a description of the child and the unlawful act, if any, that the child committed. The central repository shall retain the fingerprints and such information of the child under special security measures that limit inspection of the fingerprints and such information to law enforcement officers who are conducting criminal investigations and to officers and employees of the central repository who are assisting law enforcement officers with criminal investigations or who are conducting research or performing a statistical analysis.(c) Must not be submitted to the Federal Bureau of Investigation unless the child is adjudicated delinquent for an act that, if committed by an adult, would be a felony or a sexual offense.
4. A child who is in custody must be photographed for the purpose of identification. Except as otherwise provided in this subsection, the photographs of the child must be kept in the file pertaining to the child under special security measures that limit inspection of the photographs to law enforcement officers who are conducting criminal investigations. If a court subsequently determines that the child is not delinquent, the court shall order the photographs to be destroyed.
5. Any person who willfully violates any provision of this section is guilty of a misdemeanor.".
Amend sec. 12, page 12, by deleting lines 11 and 12 and inserting:
"
Nevada records of criminal history:1. A record of:
(a) The name and fingerprints of each offender serving a term of imprisonment in an".
Amend sec. 12, page 12, line 14, by deleting "
2." and inserting "(b)".Amend sec. 12, page 12, by deleting line 17 and inserting:
"
(c) The date of admission of the offender; and2. A notice of the release of each offender.".
Amend sec. 13, page 12, by deleting lines 27 through 29 and inserting:
"
3. A coroner who makes a certificate of death concerning a person for whom the central repository for Nevada records of criminal history has a record shall collect and submit a record of the certificate of death and, if possible, a record of the fingerprints of the decedent to the central repository in the time and manner prescribed by the".Amend the bill as a whole by renumbering sections 14 and 15 as sections 20 and 21 and adding a new section designated sec. 19, following sec. 13, to read as follows:
"Sec. 19. NRS 481.245 is hereby amended to read as follows:
(a) Collect a record of the fingerprints of the decedent, if possible, and submit the record to the central repository for Nevada records of criminal history; and
(b) Have
a dental examination of the body2. Each sheriff, chief of police or other law enforcement agency which receives a report of a person missing under suspicious circumstances who is 18 years or older shall:
(a) Transmit to the investigation division and to the central repository for Nevada records of criminal history:
(1) The initial report that contains identifying information concerning the missing person within 72 hours after the receipt of that report; and
(2) Any subsequent report concerning the missing person within 5 working days after the receipt of that report if the report contains additional identifying information concerning the missing person;
(b) Notify immediately such persons and make inquiries concerning the missing person as the agency deems necessary; and
(c) Enter the information concerning the missing person into the computer for the National Crime Information Center and the central repository for Nevada records of criminal history, if appropriate.
3. The sheriff, chief of police or other law enforcement agency shall request the written consent of the next of kin or guardian of a person who has been reported to him as missing for 30 days or more to obtain certain identifying information about the missing person that the National Crime Information Center recommends be provided from the appropriate providers of medical care. After receiving the written consent, the sheriff, chief of police or other law enforcement agency shall obtain the identifying information from the providers of medical care and forward that information and any other relevant information to the investigation division and to the central repository for Nevada records of criminal history for comparison with the identifying information that is on file concerning unidentified deceased persons. This subsection does not prevent the voluntary release of identifying information about the missing person by the next of kin or guardian of the missing person at any time.
4. The next of kin or guardian of the person reported as missing shall promptly notify the appropriate law enforcement agency when the missing person is found.
5. The sheriff, chief of police or other law enforcement agency shall inform the investigation division, the central repository for Nevada records of criminal history and the National Crime Information Center when a missing person has been found.
6. The investigation division and the central repository for Nevada records of criminal history shall:
(a) Maintain the records and other information forwarded to them pursuant to subsections 1, 2 and 3 for the purpose of comparing the records and otherwise assisting in the identification of dead bodies; and
(b) Upon request during a state of emergency proclaimed pursuant to NRS 414.070, provide the records and other information that are maintained pursuant to this subsection to the state disaster identification team of the division of emergency management of the department.".
Amend sec. 14, page 12, line 31, by deleting "9" and inserting "13".