Senate Bill No. 148–Committee on Judiciary

CHAPTER........

AN ACT relating to sentencing; revising the penalty for commission of a category E felony;

allowing the court to require a person convicted of a category E felony to serve a

term of confinement in the county jail as a condition of probation; revising the

provisions relating to presentence investigations and reports; and providing other

matters properly relating thereto.

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 193.130 is hereby amended to read as follows:

  1. 193.130 1. Except when a person is convicted of a category A felony,
  1. and except as otherwise provided by specific statute, a person convicted of
  1. a felony shall be sentenced to a minimum term and a maximum term of
  1. imprisonment which must be within the limits prescribed by the applicable
  1. statute, unless the statute in force at the time of commission of the felony
  1. prescribed a different penalty. The minimum term of imprisonment that
  1. may be imposed must not exceed 40 percent of the maximum term
  1. imposed.
  1. 2. Except as otherwise provided by specific statute, for each felony
  1. committed on or after July 1, 1995:
  1. (a) A category A felony is a felony for which a sentence of death or
  1. imprisonment in the state prison for life with or without the possibility of
  1. parole may be imposed, as provided by specific statute.
  1. (b) A category B felony is a felony for which the minimum term of
  1. imprisonment in the state prison that may be imposed is not less than 1 year
  1. and the maximum term of imprisonment that may be imposed is not more
  1. than 20 years, as provided by specific statute.
  1. (c) A category C felony is a felony for which a court shall sentence a
  1. convicted person to imprisonment in the state prison for a minimum term of
  1. not less than 1 year and a maximum term of not more than 5 years. In
  1. addition to any other penalty, the court may impose a fine of not more than
  1. $10,000, unless a greater fine is authorized or required by statute.
  1. (d) A category D felony is a felony for which a court shall sentence a
  1. convicted person to imprisonment in the state prison for a minimum term of
  1. not less than 1 year and a maximum term of not more than 4 years. In
  1. addition to any other penalty, the court may impose a fine of not more than
  1. $5,000, unless a greater fine is authorized or required by statute.
  1. (e) A category E felony is a felony for which a court shall sentence a
  1. convicted person to imprisonment in the state prison for a minimum term of
  1. not less than 1 year and a maximum term of not more than 4 years. Except
  1. as otherwise provided in paragraph (b) of subsection 1 of NRS 176A.100,
  1. upon sentencing a person who is found guilty of a category E felony, the
  1. court shall suspend the execution of the sentence and grant probation to the
  2. person upon such conditions as the court deems appropriate. Such
  1. conditions of probation may include, but are not limited to, requiring the
  1. person to serve a term of confinement of not more than 1 year in the
  1. county jail. In addition to any other penalty, the court may impose a fine of
  1. not more than $5,000, unless a greater penalty is authorized or required by
  1. statute.

Sec. 2. NRS 62.360 is hereby amended to read as follows:

62.360 1. The court shall make and keep records of all cases brought

before it.

2. The records may be opened to inspection only by order of the court

to persons having a legitimate interest therein except that a release without

a court order may be made of any:

(a) Records of traffic violations which are being forwarded to the

department of motor vehicles and public safety;

(b) Records which have not been sealed and which are required by the

division of parole and probation of the department of motor vehicles and

public safety for preparation of presentence investigations and reports

pursuant to NRS 176.135 [;] or general investigations and reports

pursuant to section 3 of this act;

(c) Information maintained in the standardized system established

pursuant to NRS 62.910;

(d) Records which have not been sealed and which are to be used,

pursuant to chapter 179D of NRS, by:

(1) The central repository for Nevada records of criminal history;

(2) The division of parole and probation of the department of motor

vehicles and public safety; or

(3) A person who is conducting an assessment of the risk of

recidivism of an adult or juvenile sex offender; and

(e) Information that must be collected by the division of child and

family services of the department of human resources pursuant to NRS

62.920.

3. The clerk of the court shall prepare and cause to be printed forms for

social and legal records and other papers as may be required.

4. Whenever the conduct of a child with respect to whom the

jurisdiction of the juvenile court has been invoked may be the basis of a

civil action, any party to the civil action may petition the court for release

of the child’s name, and upon satisfactory showing to the court that the

purpose in obtaining the information is for use in a civil action brought or

to be brought in good faith, the court shall order the release of the child’s

name and authorize its use in the civil action.

Sec. 3. Chapter 176 of NRS is hereby amended by adding thereto a

new section to read as follows:

1. If a defendant pleads guilty, guilty but mentally ill or nolo

contendere to or is found guilty of one or more category E felonies, but

no other felonies, the division shall not make a presentence investigation

and report on the defendant pursuant to NRS 176.135, unless the

division has not made a presentence investigation and report on the

defendant pursuant to NRS 176.135 within the 5 years immediately

preceding the date initially set for sentencing on the category E felony or

felonies and:

(a) The court requests a presentence investigation and report; or

(b) The prosecuting attorney possesses evidence that would support a

decision by the court to deny probation to the defendant pursuant to

paragraph (b) of subsection 1 of NRS 176A.100.

2. If the division does not make a presentence investigation and

report on a defendant pursuant to subsection 1, the division shall, not

later than 45 days after the date on which the defendant is sentenced,

make a general investigation and report on the defendant that contains:

(a) Any prior criminal record of the defendant;

(b) Information concerning the characteristics of the defendant, the

circumstances affecting his behavior and the circumstances of his

offense that may be helpful to persons responsible for the supervision or

correctional treatment of the defendant;

(c) Information concerning the effect that the offense committed by

the defendant has had upon the victim, including, without limitation, any

physical or psychological harm or financial loss suffered by the victim, to

the extent that such information is available from the victim or other

sources, but the provisions of this paragraph do not require any

particular examination or testing of the victim, and the extent of any

investigation or examination and the extent of the information included

in the report is solely at the discretion of the division;

(d) Data or information concerning reports and investigations thereof

made pursuant to chapter 432B of NRS that relate to the defendant and

are made available pursuant to NRS 432B.290; and

(e) Any other information that the division believes may be helpful to

persons responsible for the supervision or correctional treatment of the

defendant.

Sec. 4. NRS 176.133 is hereby amended to read as follows:

176.133 As used in NRS 176.133 to 176.159, inclusive, and section 3

of this act, unless the context otherwise requires:

1. "Person professionally qualified to conduct psychosexual

evaluations" means a person who has received training in conducting

psychosexual evaluations and is:

(a) A psychiatrist licensed to practice medicine in this state and certified

by the American Board of Psychiatry and Neurology;

(b) A psychologist licensed to practice in this state;

(c) A social worker holding a master’s degree in social work and

licensed in this state as a clinical social worker;

(d) A registered nurse holding a master’s degree in the field of

psychiatric nursing and licensed to practice professional nursing in this

state; or

(e) A marriage and family therapist licensed in this state pursuant to

chapter 641A of NRS.

2. "Psychosexual evaluation" means an evaluation conducted pursuant

to NRS 176.139.

3. "Sexual offense" means:

(a) Sexual assault pursuant to NRS 200.366;

(b) Statutory sexual seduction pursuant to NRS 200.368, if punished as

a felony;

(c) Battery with intent to commit sexual assault pursuant to NRS

200.400;

(d) Abuse of a child pursuant to NRS 200.508, if the abuse involved

sexual abuse or sexual exploitation and is punished as a felony;

(e) An offense involving pornography and a minor pursuant to NRS

200.710 to 200.730, inclusive;

(f) Incest pursuant to NRS 201.180;

(g) Solicitation of a minor to engage in acts constituting the infamous

crime against nature pursuant to NRS 201.195, if punished as a felony;

(h) Open or gross lewdness pursuant to NRS 201.210, if punished as a

felony;

(i) Indecent or obscene exposure pursuant to NRS 201.220, if punished

as a felony;

(j) Lewdness with a child pursuant to NRS 201.230;

(k) Sexual penetration of a dead human body pursuant to NRS 201.450;

(l) Annoyance or molestation of a minor pursuant to NRS 207.260, if

punished as a felony;

(m) An attempt to commit an offense listed in paragraphs (a) to (l),

inclusive, if punished as a felony; or

(n) An offense that is determined to be sexually motivated pursuant to

NRS 175.547 or 207.193.

Sec. 5. NRS 176.135 is hereby amended to read as follows:

176.135 1. Except as otherwise provided in this section [,] and

section 3 of this act, the division shall make a presentence investigation

and report to the court on each defendant who pleads guilty, guilty but

mentally ill or nolo contendere to or is found guilty of a felony.

2. If a defendant is convicted of a felony that is a sexual offense, the

presentence investigation and report must be made before the imposition of

sentence or the granting of probation and must include a psychosexual

evaluation of the defendant.

3. If a defendant is convicted of a felony other than a sexual offense,

the presentence investigation and report must be made before the

imposition of sentence or the granting of probation unless:

(a) A sentence is fixed by a jury; or

(b) Such an investigation and report on the defendant has been made by

the division within the 5 years immediately preceding the date initially set

for sentencing on the most recent offense.

4. Upon request of the court, the division shall make presentence

investigations and reports on defendants who plead guilty, guilty but

mentally ill or nolo contendere to or are found guilty of gross

misdemeanors.

Sec. 6. NRS 176.145 is hereby amended to read as follows:

176.145 1. The report of [the] any presentence investigation must

contain:

(a) Any prior criminal record of the defendant;

(b) [Such information about his characteristics,] Information

concerning the characteristics of the defendant, his financial condition,

the circumstances affecting his behavior and the circumstances of [the

offense, as] his offense that may be helpful in imposing sentence, in

granting probation or in the correctional treatment of the defendant;

(c) Information concerning the effect that the [crime] offense committed

by the defendant has had upon the victim, including, [but not limited to,]

without limitation, any physical or psychological harm or financial loss

suffered by the victim, to the extent that such information is available from

the victim or other sources, but the provisions of this [subsection]

paragraph do not require any particular examination or testing of the

victim, and the extent of any investigation or examination is solely at the

discretion of the court or the division and the extent of the information to

be included in the report is solely at the discretion of the division;

(d) Information concerning whether the defendant has an obligation for

the support of a child, and if so, whether he is in arrears in payment on that

obligation;

(e) Data or information concerning reports and investigations thereof

made pursuant to chapter 432B of NRS that relate to the defendant and are

made available pursuant to NRS 432B.290;

(f) The results of the evaluation of the defendant conducted pursuant to

NRS 484.3796, if such an evaluation is required pursuant to that section;

(g) A recommendation of a minimum term and a maximum term of

imprisonment or other term of imprisonment authorized by statute, or a

fine, or both;

(h) A recommendation, if the division deems it appropriate, that the

defendant undergo a program of regimental discipline pursuant to NRS

176A.780;

(i) A written report of the results of a psychosexual evaluation of the

defendant, if the defendant is convicted of a sexual offense; and

(j) Such other information as may be required by the court.

2. The division may include in the report [such] any additional

information [as] that it believes [will] may be helpful in imposing a

sentence, in granting probation or in correctional treatment.

Sec. 7. NRS 176.156 is hereby amended to read as follows:

176.156 1. The division shall disclose to the [district] prosecuting

attorney, the counsel for the defendant and the defendant the factual content

of the report of [the] :

(a) Any presentence investigation made pursuant to NRS 176.135 and

the recommendations of the division . [and]

(b) Any general investigation made pursuant to section 3 of
this act.

The division shall afford an opportunity to each party to object to factual

errors in any such report and to comment on [the] any recommendations.

2. Unless otherwise ordered by a court, upon request, the division shall

disclose the content of a report of a presentence investigation or general

investigation to a law enforcement agency of this state or a political

subdivision thereof and to a law enforcement agency of the Federal

Government for the limited purpose of performing their duties, including,

[but not limited to,] without limitation, conducting hearings that are public

in nature.

3. Unless otherwise ordered by a court, upon request, the division shall

disclose the content of a report of a presentence investigation or general

investigation to the division of mental health and developmental services of

the department of human resources for the limited purpose of performing

its duties, including, without limitation, evaluating and providing any

report or information to the division concerning the mental health of:

(a) A sex offender as defined in NRS 213.107; or

(b) An offender who has been determined to be mentally ill . [,

to provide any report or information to the division.]

4. Unless otherwise ordered by a court, upon request, the division shall

disclose the content of a report of a presentence investigation or general

investigation to the state gaming control board for the limited purpose of

performing its duties in the administration of the provisions of chapters 462

to 467, inclusive, of NRS.

5. Except for the disclosures required by subsections 1 to 4, inclusive,

[the] a report of a presentence investigation or general investigation and

[its] the sources of information for such a report are confidential and must

not be made a part of any public record.

Sec. 8. NRS 176.159 is hereby amended to read as follows:

176.159 1. Except as otherwise provided in subsection 2, when a

court imposes a sentence of imprisonment in the state prison or revokes a

program of probation and orders a sentence of imprisonment to the state

prison to be executed, the court shall cause a copy of the report of the

presentence investigation to be delivered to the director of the department

of prisons, if such a report was made. The report must be delivered when

the judgment of imprisonment is delivered pursuant to NRS 176.335.

2. If a [report of the] presentence investigation [was] and report were

not required [because of the exception provided in] pursuant to paragraph

(b) of subsection 3 of NRS 176.135 [,] or pursuant to subsection 1 of

section 3 of this act, the court shall cause a copy of the previous report of

the presentence investigation or a copy of the report of the general

investigation, as appropriate, to be delivered to the director of the

department of prisons in the manner provided pursuant to subsection 1.

Sec. 9. NRS 176.335 is hereby amended to read as follows:

176.335 1. If the judgment is for imprisonment in the state prison, the

sheriff of the county shall, on receipt of the triplicate certified copies

thereof, immediately notify the director of the department of prisons and

the director shall, without delay, send some authorized person to the county

where the prisoner is held for commitment to receive the prisoner.

2. When such an authorized person presents to the sheriff holding the

prisoner his order for the delivery of the prisoner, the sheriff shall deliver to

the authorized person two of the certified copies of the judgment and a

copy of the report of the presentence investigation or general investigation,

as appropriate, if required pursuant to NRS 176.159, and take from the

person a receipt for the prisoner, and the sheriff shall make return upon his

certified copy of the judgment, showing his proceedings thereunder, and

both that copy with the return affixed thereto and the receipt from the

authorized person must be filed with the county clerk.

3. The term of imprisonment designated in the judgment must begin on

the date of sentence of the prisoner by the court.

4. Upon the expiration of the term of imprisonment of the prisoner, or

the termination thereof for any legal reason, the director of the department

of prisons shall return one of his certified copies of the judgment to the

county clerk of the county from whence it was issued, with a brief report of

his proceedings thereunder endorsed thereon, and the endorsed copy must

be filed with the county clerk. The return must show the cause of the

termination of such imprisonment, whether by death, legal discharge or

otherwise.

Sec. 10. NRS 176A.100 is hereby amended to read as follows:

176A.100 1. Except as otherwise provided in this section and NRS

176A.110 and 176A.120, if a person is found guilty in a district court upon

verdict or plea of:

(a) Murder of the first or second degree, kidnaping in the first degree,

sexual assault, attempted sexual assault of a child who is less than 16 years

of age, an offense for which the suspension of sentence or the granting of

probation is expressly forbidden, or if the person is found to be a habitual

criminal pursuant to NRS 207.010, a habitually fraudulent felon pursuant to

NRS 207.014 or a habitual felon pursuant to NRS 207.012, the court shall

not suspend the execution of the sentence imposed or grant probation to the

person.

(b) A category E felony, except as otherwise provided in this paragraph,

the court shall suspend the execution of the sentence imposed and grant

probation to the person. The court may, as it deems advisable, decide not to

suspend the execution of the sentence imposed and grant probation to the

person if, at the time the crime was committed, the person:

(1) Was serving a term of probation, whether in this state or

elsewhere, for a felony conviction;

(2) Had previously had his probation revoked, whether in this state or

elsewhere, for a felony conviction; or

(3) Had previously been two times convicted, whether in this state or

elsewhere, of a crime that under the laws of the situs of the crime or of this

state would amount to a felony.

If the person denies the existence of a previous conviction, the court shall

determine the issue of the previous conviction after hearing all relevant

evidence presented on the issue by the prosecution and the person. At such

a hearing, the person may not challenge the validity of a previous

conviction. For the purposes of this paragraph, a certified copy of a felony

conviction is prima facie evidence of conviction of a prior felony.

(c) Another felony, a gross misdemeanor or a misdemeanor, the court

may suspend the execution of the sentence imposed and grant probation as

the court deems advisable.

2. In determining whether to [place] grant probation to a person , [on

probation,] the court shall not consider whether the person has the financial

ability to participate in a program of probation secured by a surety bond

established pursuant to NRS 176A.300 to 176A.370, inclusive.

3. The court shall consider the standards adopted pursuant to NRS

213.10988 and the recommendation of the chief parole and probation

officer, if any, in determining whether to grant probation [.] to a person.

4. If the court determines that a [defendant] person is otherwise

eligible for probation but requires more supervision than would normally

be provided to a person granted probation, the court may, in lieu of

sentencing him to a term of imprisonment, grant him probation pursuant to

the program of intensive supervision established pursuant to NRS

176A.440.

5. [The court shall not, except] Except as otherwise provided in this

subsection, [grant probation to] if a person is convicted of a felony and the

division is required to make a presentence investigation and report to the

court pursuant to NRS 176.135, the court shall not grant probation to the

person until the court receives [a written] the report of the presentence

investigation from the chief parole and probation officer. The chief parole

and probation officer shall submit [a written] the report of the presentence

investigation to the court not later than 45 days [following] after receiving

a request for a [probation] presentence investigation from the county clerk .

[, but if a] If the report of the presentence investigation is not submitted by

the chief parole and probation officer within 45 days , the [district judge]

court may grant probation without the [written] report.

6. If the court determines that a [defendant] person is otherwise

eligible for probation, the court shall , when determining the conditions of

that probation , consider the imposition of such conditions as would

facilitate timely payments by the [defendant] person of his obligation, if

any, for the support of a child and the payment of any such obligation

which is in arrears.

Sec. 11. NRS 432B.290 is hereby amended to read as follows:

432B.290 1. Except as otherwise provided in subsection 2 or 5, data

or information concerning reports and investigations thereof made pursuant

to this chapter may be made available only to:

(a) A physician who has before him a child who he reasonably believes

may have been abused or neglected;

(b) A person authorized to place a child in protective custody, if he has

before him a child who he reasonably believes may have been abused or

neglected and he requires the information to determine whether to place the

child in protective custody;

(c) An agency, including, without limitation, an agency in another

jurisdiction, responsible for or authorized to undertake the care, treatment

or supervision of:

(1) The child; or

(2) The person responsible for the welfare of the child;

(d) A district attorney or other law enforcement officer who requires the

information in connection with an investigation or prosecution of abuse or

neglect of a child;

(e) A court, for in camera inspection only, unless the court determines

that public disclosure of the information is necessary for the determination

of an issue before it;

(f) A person engaged in bona fide research or an audit, but information

identifying the subjects of a report must not be made available to him;

(g) The guardian ad litem of the child;

(h) A grand jury upon its determination that access to these records is

necessary in the conduct of its official business;

(i) An agency which provides protective services or which is authorized

to receive, investigate and evaluate reports of abuse or neglect of a child;

(j) A person who or an organization that has entered into a written

agreement with an agency which provides protective services to provide

assessments or services and that has been trained to make such assessments

or provide such services;

(k) A team organized for the protection of a child pursuant to NRS

432B.350;

(l) A team organized pursuant to NRS 432B.405 to review the death of a

child;

(m) A parent or legal guardian of the child, if the identity of the person

responsible for reporting the alleged abuse or neglect of the child to a

public agency is kept confidential;

(n) The person named in the report as allegedly being abused or

neglected, if he is not a minor or otherwise legally incompetent;

(o) An agency that is authorized by law to license foster homes or

facilities for children or to investigate persons applying for approval to

adopt a child, if the agency has before it an application for that license or is

investigating an applicant to adopt a child;

(p) Upon written consent of the parent, any officer of this state or a city

or county thereof or legislator authorized by the agency or department

having jurisdiction or by the legislature, acting within its jurisdiction, to

investigate the activities or programs of an agency that provides protective

services if:

(1) The identity of the person making the report is kept confidential;

and

(2) The officer, legislator or a member of his family is not the person

alleged to have committed the abuse or neglect;

(q) The division of parole and probation of the department of motor

vehicles and public safety for use pursuant to NRS 176.135 in making a

presentence investigation and report to the district court [;] or pursuant to

section 3 of this act in making a general investigation and report; or

(r) Any person who is required pursuant to NRS 432B.220 to make a

report to an agency which provides protective services or to a law

enforcement agency.

2. Except as otherwise provided in subsection 3, data or information

concerning reports and investigations thereof made pursuant to this chapter

may be made available to any member of the general public if the child

who is the subject of the report dies or is critically injured as a result of

alleged abuse or neglect, except that the data or information which may be

disclosed is limited to:

(a) The fact that a report of abuse or neglect has been made and, if

appropriate, a factual description of the contents of the report;

(b) Whether an investigation has been initiated pursuant to NRS

432B.260, and the result of a completed investigation; and

(c) Such other information authorized for disclosure by a court pursuant

to subsection 4.

3. An agency which provides protective services shall not disclose data

or information pursuant to subsection 2 if the agency determines that the

disclosure is not in the best interests of the child or if disclosure of the

information would adversely affect any pending investigation concerning

the report.

4. Upon petition, a court of competent jurisdiction may authorize the

disclosure of additional information to the public pursuant to subsection 2

if good cause is shown by the petitioner for the disclosure of the additional

information.

5. An agency investigating a report of the abuse or neglect of a child

shall, upon request, provide to a person named in the report as allegedly

causing the abuse or neglect of the child:

(a) A copy of:

(1) Any statement made in writing to an investigator for the agency by

the person named in the report as allegedly causing the abuse or neglect of

the child; or

(2) Any recording made by the agency of any statement made orally

to an investigator for the agency by the person named in the report as

allegedly causing the abuse or neglect of the child; or

(b) A written summary of the allegations made against the person who is

named in the report as allegedly causing the abuse or neglect of the child.

The summary must not identify the person responsible for reporting the

alleged abuse or neglect.

6. Any person, except for:

(a) The subject of a report;

(b) A district attorney or other law enforcement officer initiating legal

proceedings; or

(c) An employee of the division of parole and probation of the

department of motor vehicles and public safety making a presentence

investigation and report to the district court pursuant to NRS 176.135 [,] or

making a general investigation and report pursuant to section 3 of this

act,

who is given access, pursuant to subsection 1 or 2, to information

identifying the subjects of a report and who makes this information public

is guilty of a misdemeanor.

7. The division of child and family services shall adopt regulations to

carry out the provisions of this section.

Sec. 12. NRS 432B.290 is hereby amended to read as follows:

432B.290 1. Except as otherwise provided in subsection 2, data or

information concerning reports and investigations thereof made pursuant to

this chapter may be made available only to:

(a) A physician who has before him a child who he reasonably believes

may have been abused or neglected;

(b) A person authorized to place a child in protective custody, if he has

before him a child who he reasonably believes may have been abused or

neglected and he requires the information to determine whether to place the

child in protective custody;

(c) An agency, including, without limitation, an agency in another

jurisdiction, responsible for or authorized to undertake the care, treatment

or supervision of:

(1) The child; or

(2) The person responsible for the welfare of the child;

(d) A district attorney or other law enforcement officer who requires the

information in connection with an investigation or prosecution of abuse or

neglect of a child;

(e) A court, for in camera inspection only, unless the court determines

that public disclosure of the information is necessary for the determination

of an issue before it;

(f) A person engaged in bona fide research or an audit, but information

identifying the subjects of a report must not be made available to him;

(g) The guardian ad litem of the child

;

(h) A grand jury upon its determination that access to these records is

necessary in the conduct of its official business;

(i) An agency which provides protective services or which is authorized

to receive, investigate and evaluate reports of abuse or neglect of a child;

(j) A team organized for the protection of a child pursuant to NRS

432B.350;

(k) A parent or legal guardian of the child, if the identity of the person

responsible for reporting the alleged abuse or neglect of the child to a

public agency is kept confidential;

(l) The person named in the report as allegedly being abused or

neglected, if he is not a minor or otherwise legally incompetent;

(m) An agency that is authorized by law to license foster homes or

facilities for children or to investigate persons applying for approval to

adopt a child, if the agency has before it an application for that license or is

investigating an applicant to adopt a child;

(n) Upon written consent of the parent, any officer of this state or a city

or county thereof or legislator authorized, by the agency or department

having jurisdiction or by the legislature, acting within its jurisdiction, to

investigate the activities or programs of an agency that provides protective

services if:

(1) The identity of the person making the report is kept confidential;

and

(2) The officer, legislator or a member of his family is not the person

alleged to have committed the abuse or neglect; or

(o) The division of parole and probation of the department of motor

vehicles and public safety for use pursuant to NRS 176.135 in making a

presentence investigation and report to the district court [.] or pursuant to

section 3 of this act in making a general investigation and report.

2. An agency investigating a report of the abuse or neglect of a child

shall, upon request, provide to a person named in the report as allegedly

causing the abuse or neglect of the child:

(a) A copy of:

(1) Any statement made in writing to an investigator for the agency by

the person named in the report as allegedly causing the abuse or neglect of

the child; or

(2) Any recording made by the agency of any statement made orally

to an investigator for the agency by the person named in the report as

allegedly causing the abuse or neglect of the child; or

(b) A written summary of the allegations made against the person who is

named in the report as allegedly causing the abuse or neglect of the child.

The summary must not identify the person responsible for reporting the

alleged abuse or neglect.

3. Any person, except for:

(a) The subject of a report;

(b) A district attorney or other law enforcement officer initiating legal

proceedings; or

(c) An employee of the division of parole and probation of the

department of motor vehicles and public safety making a presentence

investigation and report to the district court pursuant to NRS 176.135 [,] or

making a general investigation and report pursuant to section 3 of this

act,

who is given access, pursuant to subsection 1, to information identifying the

subjects of a report and who makes this information public is guilty of a

misdemeanor.

4. The division of child and family services shall adopt regulations to

carry out the provisions of this section.

Sec. 13. The provisions of subsection 1 of NRS 354.599 do not apply

to any additional expenses of a local government that are related to the

provisions of this act.

Sec. 14. The amendatory provisions of this act do not apply to

offenses committed before October 1, 1999.

Sec. 15. 1. This section and sections 1 to 11, inclusive, and 13 and

14 of this act become effective on October 1, 1999.

2. Section 11 of this act expires by limitation on June 30, 2001.

3. Section 12 of this act becomes effective on July 1, 2001.

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