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 193.130 is hereby amended to read as follows:

1-2 193.130 1. Except when a person is convicted of a category A felony,

1-3 and except as otherwise provided by specific statute, a person convicted of

1-4 a felony shall be sentenced to a minimum term and a maximum term of

1-5 imprisonment which must be within the limits prescribed by the applicable

1-6 statute, unless the statute in force at the time of commission of the felony

1-7 prescribed a different penalty. The minimum term of imprisonment that

1-8 may be imposed must not exceed 40 percent of the maximum term

1-9 imposed.

1-10 2. Except as otherwise provided by specific statute, for each felony

1-11 committed on or after July 1, 1995:

1-12 (a) A category A felony is a felony for which a sentence of death or

1-13 imprisonment in the state prison for life with or without the possibility of

1-14 parole may be imposed, as provided by specific statute.

2-1 (b) A category B felony is a felony for which the minimum term of

2-2 imprisonment in the state prison that may be imposed is not less than 1 year

2-3 and the maximum term of imprisonment that may be imposed is not more

2-4 than 20 years, as provided by specific statute.

2-5 (c) A category C felony is a felony for which a court shall sentence a

2-6 convicted person to imprisonment in the state prison for a minimum term of

2-7 not less than 1 year and a maximum term of not more than 5 years. In

2-8 addition to any other penalty, the court may impose a fine of not more than

2-9 $10,000, unless a greater fine is authorized or required by statute.

2-10 (d) A category D felony is a felony for which a court shall sentence a

2-11 convicted person to imprisonment in the state prison for a minimum term of

2-12 not less than 1 year and a maximum term of not more than 4 years. In

2-13 addition to any other penalty, the court may impose a fine of not more than

2-14 $5,000, unless a greater fine is authorized or required by statute.

2-15 (e) A category E felony is a felony for which a court shall sentence a

2-16 convicted person to imprisonment in the state prison for a minimum term of

2-17 not less than 1 year and a maximum term of not more than 4 years. Except

2-18 as otherwise provided in paragraph (b) of subsection 1 of NRS 176A.100,

2-19 upon sentencing a person who is found guilty of a category E felony, the

2-20 court shall suspend the execution of the sentence and grant probation to the

2-21 person upon such conditions as the court deems appropriate. Such

2-22 conditions of probation may include, but are not limited to, requiring the

2-23 person to serve a term of confinement of not more than 1 year in the

2-24 county jail. In addition to any other penalty, the court may impose a fine of

2-25 not more than $5,000, unless a greater penalty is authorized or required by

2-26 statute.

2-27 Sec. 2. NRS 62.360 is hereby amended to read as follows:

2-28 62.360 1. The court shall make and keep records of all cases brought

2-43 pursuant to chapter 179D of NRS, by:

3-1 (1) The central repository for Nevada records of criminal history;

3-2 (2) The division of parole and probation of the department of motor

3-3 vehicles and public safety; or

3-4 (3) A person who is conducting an assessment of the risk of

3-5 recidivism of an adult or juvenile sex offender; and

3-6 (e) Information that must be collected by the division of child and

3-7 family services of the department of human resources pursuant to NRS

3-8 62.920.

3-9 3. The clerk of the court shall prepare and cause to be printed forms for

3-10 social and legal records and other papers as may be required.

3-11 4. Whenever the conduct of a child with respect to whom the

3-12 jurisdiction of the juvenile court has been invoked may be the basis of a

3-13 civil action, any party to the civil action may petition the court for release

3-14 of the child’s name, and upon satisfactory showing to the court that the

3-15 purpose in obtaining the information is for use in a civil action brought or

3-16 to be brought in good faith, the court shall order the release of the child’s

3-17 name and authorize its use in the civil action.

3-18 Sec. 3. Chapter 176 of NRS is hereby amended by adding thereto a

3-19 new section to read as follows:

3-20 1. If a defendant pleads guilty, guilty but mentally ill or nolo

3-21 contendere to or is found guilty of one or more category E felonies, but

3-22 no other felonies, the division shall not make a presentence investigation

3-23 and report on the defendant pursuant to NRS 176.135, unless the

3-24 division has not made a presentence investigation and report on the

3-25 defendant pursuant to NRS 176.135 within the 5 years immediately

3-26 preceding the date initially set for sentencing on the category E felony or

3-27 felonies and:

3-28 (a) The court requests a presentence investigation and report; or

3-29 (b) The prosecuting attorney possesses evidence that would support a

3-30 decision by the court to deny probation to the defendant pursuant to

3-31 paragraph (b) of subsection 1 of NRS 176A.100.

3-32 2. If the division does not make a presentence investigation and

3-33 report on a defendant pursuant to subsection 1, the division shall, not

3-34 later than 45 days after the date on which the defendant is sentenced,

3-35 make a general investigation and report on the defendant that contains:

3-36 (a) Any prior criminal record of the defendant;

3-37 (b) Information concerning the characteristics of the defendant, the

3-38 circumstances affecting his behavior and the circumstances of his

3-39 offense that may be helpful to persons responsible for the supervision or

3-40 correctional treatment of the defendant;

3-41 (c) Information concerning the effect that the offense committed by

3-42 the defendant has had upon the victim, including, without limitation, any

3-43 physical or psychological harm or financial loss suffered by the victim, to

4-1 the extent that such information is available from the victim or other

4-2 sources, but the provisions of this paragraph do not require any

4-3 particular examination or testing of the victim, and the extent of any

4-4 investigation or examination and the extent of the information included

4-5 in the report is solely at the discretion of the division;

4-6 (d) Data or information concerning reports and investigations thereof

4-7 made pursuant to chapter 432B of NRS that relate to the defendant and

4-8 are made available pursuant to NRS 432B.290; and

4-9 (e) Any other information that the division believes may be helpful to

4-10 persons responsible for the supervision or correctional treatment of the

4-11 defendant.

4-12 Sec. 4. NRS 176.133 is hereby amended to read as follows:

4-13 176.133 As used in NRS 176.133 to 176.159, inclusive, and section 3

4-42 crime against nature pursuant to NRS 201.195, if punished as a felony;

5-1 (h) Open or gross lewdness pursuant to NRS 201.210, if punished as a

5-2 felony;

5-3 (i) Indecent or obscene exposure pursuant to NRS 201.220, if punished

5-4 as a felony;

5-5 (j) Lewdness with a child pursuant to NRS 201.230;

5-6 (k) Sexual penetration of a dead human body pursuant to NRS 201.450;

5-7 (l) Annoyance or molestation of a minor pursuant to NRS 207.260, if

5-8 punished as a felony;

5-9 (m) An attempt to commit an offense listed in paragraphs (a) to (l),

5-10 inclusive, if punished as a felony; or

5-11 (n) An offense that is determined to be sexually motivated pursuant to

5-12 NRS 175.547 or 207.193.

5-13 Sec. 5. NRS 176.135 is hereby amended to read as follows:

5-14 176.135 1. Except as otherwise provided in this section [,] and

5-32 misdemeanors.

5-33 Sec. 6. NRS 176.145 is hereby amended to read as follows:

5-34 176.145 1. The report of [the] any presentence investigation must

5-43 by the defendant has had upon the victim, including, [but not limited to,]

6-1 without limitation, any physical or psychological harm or financial loss

6-2 suffered by the victim, to the extent that such information is available from

6-3 the victim or other sources, but the provisions of this [subsection]

6-4 paragraph do not require any particular examination or testing of the

6-5 victim, and the extent of any investigation or examination is solely at the

6-6 discretion of the court or the division and the extent of the information to

6-7 be included in the report is solely at the discretion of the division;

6-8 (d) Information concerning whether the defendant has an obligation for

6-9 the support of a child, and if so, whether he is in arrears in payment on that

6-10 obligation;

6-11 (e) Data or information concerning reports and investigations thereof

6-12 made pursuant to chapter 432B of NRS that relate to the defendant and are

6-13 made available pursuant to NRS 432B.290;

6-14 (f) The results of the evaluation of the defendant conducted pursuant to

6-15 NRS 484.3796, if such an evaluation is required pursuant to that section;

6-16 (g) A recommendation of a minimum term and a maximum term of

6-17 imprisonment or other term of imprisonment authorized by statute, or a

6-18 fine, or both;

6-19 (h) A recommendation, if the division deems it appropriate, that the

6-20 defendant undergo a program of regimental discipline pursuant to NRS

6-21 176A.780;

6-22 (i) A written report of the results of a psychosexual evaluation of the

6-23 defendant, if the defendant is convicted of a sexual offense; and

6-24 (j) Such other information as may be required by the court.

6-25 2. The division may include in the report [such] any additional

6-26 information [as] that it believes [will] may be helpful in imposing a

6-27 sentence, in granting probation or in correctional treatment.

6-28 Sec. 7. NRS 176.156 is hereby amended to read as follows:

6-29 176.156 1. The division shall disclose to the [district] prosecuting

6-42 Government for the limited purpose of performing their duties, including,

7-1 [but not limited to,] without limitation, conducting hearings that are public

7-2 in nature.

7-3 3. Unless otherwise ordered by a court, upon request, the division shall

7-4 disclose the content of a report of a presentence investigation or general

7-5 investigation to the mental hygiene and mental retardation division of the

7-6 department of human resources for the limited purpose of performing its

7-7 duties, including, without limitation, evaluating and providing any report

7-8 or information to the division concerning the mental health of:

7-9 (a) A sex offender as defined in NRS 213.107; or

7-10 (b) An offender who has been determined to be mentally ill . [,

7-11 to provide any report or information to the division.]

7-12 4. Unless otherwise ordered by a court, upon request, the division shall

7-13 disclose the content of a report of a presentence investigation or general

7-14 investigation to the state gaming control board for the limited purpose of

7-15 performing its duties in the administration of the provisions of chapters 462

7-16 to 467, inclusive, of NRS.

7-17 5. Except for the disclosures required by subsections 1 to 4, inclusive,

7-18 [the] a report of a presentence investigation or general investigation and

7-19 [its] the sources of information for such a report are confidential and must

7-20 not be made a part of any public record.

7-21 Sec. 8. NRS 176.159 is hereby amended to read as follows:

7-22 176.159 1. Except as otherwise provided in subsection 2, when a

7-35 department of prisons in the manner provided pursuant to subsection 1.

7-36 Sec. 9. NRS 176.335 is hereby amended to read as follows:

7-37 176.335 1. If the judgment is for imprisonment in the state prison, the

7-43 prisoner his order for the delivery of the prisoner, the sheriff shall deliver to

8-1 the authorized person two of the certified copies of the judgment and a

8-2 copy of the report of the presentence investigation or general investigation,

8-3 as appropriate, if required pursuant to NRS 176.159, and take from the

8-4 person a receipt for the prisoner, and the sheriff shall make return upon his

8-5 certified copy of the judgment, showing his proceedings thereunder, and

8-6 both that copy with the return affixed thereto and the receipt from the

8-7 authorized person must be filed with the county clerk.

8-8 3. The term of imprisonment designated in the judgment must begin on

8-9 the date of sentence of the prisoner by the court.

8-10 4. Upon the expiration of the term of imprisonment of the prisoner, or

8-11 the termination thereof for any legal reason, the director of the department

8-12 of prisons shall return one of his certified copies of the judgment to the

8-13 county clerk of the county from whence it was issued, with a brief report of

8-14 his proceedings thereunder endorsed thereon, and the endorsed copy must

8-15 be filed with the county clerk. The return must show the cause of the

8-16 termination of such imprisonment, whether by death, legal discharge or

8-17 otherwise.

8-18 Sec. 10. NRS 176A.100 is hereby amended to read as follows:

8-19 176A.100 1. Except as otherwise provided in this section and NRS

8-43 determine the issue of the previous conviction after hearing all relevant

9-1 evidence presented on the issue by the prosecution and the person. At such

9-2 a hearing, the person may not challenge the validity of a previous

9-3 conviction. For the purposes of this paragraph, a certified copy of a felony

9-4 conviction is prima facie evidence of conviction of a prior felony.

9-5 (c) Another felony, a gross misdemeanor or a misdemeanor, the court

9-6 may suspend the execution of the sentence imposed and grant probation as

9-7 the court deems advisable.

9-8 2. In determining whether to [place] grant probation to a person , [on

9-9 probation,] the court shall not consider whether the person has the financial

9-10 ability to participate in a program of probation secured by a surety bond

9-11 established pursuant to NRS 176A.300 to 176A.370, inclusive.

9-12 3. The court shall consider the standards adopted pursuant to NRS

9-13 213.10988 and the recommendation of the chief parole and probation

9-14 officer, if any, in determining whether to grant probation [.] to a person.

9-15 4. If the court determines that a [defendant] person is otherwise

9-16 eligible for probation but requires more supervision than would normally

9-17 be provided to a person granted probation, the court may, in lieu of

9-18 sentencing him to a term of imprisonment, grant him probation pursuant to

9-19 the program of intensive supervision established pursuant to NRS

9-20 176A.440.

9-21 5. [The court shall not, except] Except as otherwise provided in this

9-22 subsection, [grant probation to] if a person is convicted of a felony and the

9-23 division is required to make a presentence investigation and report to the

9-24 court pursuant to NRS 176.135, the court shall not grant probation to the

9-25 person until the court receives [a written] the report of the presentence

9-26 investigation from the chief parole and probation officer. The chief parole

9-27 and probation officer shall submit [a written] the report of the presentence

9-28 investigation to the court not later than 45 days [following] after receiving

9-29 a request for a [probation] presentence investigation from the county clerk .

9-30 [, but if a] If the report of the presentence investigation is not submitted by

9-31 the chief parole and probation officer within 45 days , the [district judge]

9-32 court may grant probation without the [written] report.

9-33 6. If the court determines that a [defendant] person is otherwise

9-34 eligible for probation, the court shall , when determining the conditions of

9-35 that probation , consider the imposition of such conditions as would

9-36 facilitate timely payments by the [defendant] person of his obligation, if

9-37 any, for the support of a child and the payment of any such obligation

9-38 which is in arrears.

9-39 Sec. 11. NRS 432B.290 is hereby amended to read as follows:

9-40 432B.290 1. Except as otherwise provided in subsection 2 or 5, data

9-42 to this chapter may be made available only to:

10-1 (a) A physician who has before him a child who he reasonably believes

10-2 may have been abused or neglected;

10-3 (b) A person authorized to place a child in protective custody, if he has

10-4 before him a child who he reasonably believes may have been abused or

10-5 neglected and he requires the information to determine whether to place the

10-6 child in protective custody;

10-7 (c) An agency, including, without limitation, an agency in another

10-8 jurisdiction, responsible for or authorized to undertake the care, treatment

10-9 or supervision of:

10-10 (1) The child; or

10-11 (2) The person responsible for the welfare of the child;

10-12 (d) A district attorney or other law enforcement officer who requires the

10-13 information in connection with an investigation or prosecution of abuse or

10-14 neglect of a child;

10-15 (e) A court, for in camera inspection only, unless the court determines

10-16 that public disclosure of the information is necessary for the determination

10-17 of an issue before it;

10-18 (f) A person engaged in bona fide research or an audit, but information

10-19 identifying the subjects of a report must not be made available to him;

10-20 (g) The guardian ad litem of the child;

10-21 (h) A grand jury upon its determination that access to these records is

10-22 necessary in the conduct of its official business;

10-23 (i) An agency which provides protective services or which is authorized

10-24 to receive, investigate and evaluate reports of abuse or neglect of a child;

10-25 (j) A person who or an organization that has entered into a written

10-26 agreement with an agency which provides protective services to provide

10-27 assessments or services and that has been trained to make such assessments

10-28 or provide such services;

10-29 (k) A team organized for the protection of a child pursuant to NRS

10-30 432B.350;

10-31 (l) A team organized pursuant to NRS 432B.405 to review the death of a

10-32 child;

10-33 (m) A parent or legal guardian of the child, if the identity of the person

10-34 responsible for reporting the alleged abuse or neglect of the child to a

10-35 public agency is kept confidential;

10-36 (n) The person named in the report as allegedly being abused or

10-37 neglected, if he is not a minor or otherwise legally incompetent;

10-38 (o) An agency that is authorized by law to license foster homes or

10-39 facilities for children or to investigate persons applying for approval to

10-40 adopt a child, if the agency has before it an application for that license or is

10-41 investigating an applicant to adopt a child;

10-42 (p) Upon written consent of the parent, any officer of this state or a city

10-43 or county thereof or legislator authorized by the agency or department

11-1 having jurisdiction or by the legislature, acting within its jurisdiction, to

11-2 investigate the activities or programs of an agency that provides protective

11-3 services if:

11-4 (1) The identity of the person making the report is kept confidential;

11-5 and

11-6 (2) The officer, legislator or a member of his family is not the person

11-7 alleged to have committed the abuse or neglect;

11-8 (q) The division of parole and probation of the department of motor

11-9 vehicles and public safety for use pursuant to NRS 176.135 in making a

11-10 presentence investigation and report to the district court [;] or pursuant to

11-11 section 3 of this act in making a general investigation and report; or

11-12 (r) Any person who is required pursuant to NRS 432B.220 to make a

11-13 report to an agency which provides protective services or to a law

11-14 enforcement agency.

11-15 2. Except as otherwise provided in subsection 3, data or information

11-16 concerning reports and investigations thereof made pursuant to this chapter

11-17 may be made available to any member of the general public if the child

11-18 who is the subject of the report dies or is critically injured as a result of

11-19 alleged abuse or neglect, except that the data or information which may be

11-20 disclosed is limited to:

11-21 (a) The fact that a report of abuse or neglect has been made and, if

11-22 appropriate, a factual description of the contents of the report;

11-23 (b) Whether an investigation has been initiated pursuant to NRS

11-24 432B.260, and the result of a completed investigation; and

11-25 (c) Such other information authorized for disclosure by a court pursuant

11-26 to subsection 4.

11-27 3. An agency which provides protective services shall not disclose data

11-28 or information pursuant to subsection 2 if the agency determines that the

11-29 disclosure is not in the best interests of the child or if disclosure of the

11-30 information would adversely affect any pending investigation concerning

11-31 the report.

11-32 4. Upon petition, a court of competent jurisdiction may authorize the

11-33 disclosure of additional information to the public pursuant to subsection 2

11-34 if good cause is shown by the petitioner for the disclosure of the additional

11-35 information.

11-36 5. An agency investigating a report of the abuse or neglect of a child

11-37 shall, upon request, provide to a person named in the report as allegedly

11-38 causing the abuse or neglect of the child:

11-39 (a) A copy of:

11-40 (1) Any statement made in writing to an investigator for the agency by

11-41 the person named in the report as allegedly causing the abuse or neglect of

11-42 the child; or

12-1 (2) Any recording made by the agency of any statement made orally

12-2 to an investigator for the agency by the person named in the report as

12-3 allegedly causing the abuse or neglect of the child; or

12-4 (b) A written summary of the allegations made against the person who is

12-5 named in the report as allegedly causing the abuse or neglect of the child.

12-6 The summary must not identify the person responsible for reporting the

12-7 alleged abuse or neglect.

12-8 6. Any person, except for:

12-9 (a) The subject of a report;

12-10 (b) A district attorney or other law enforcement officer initiating legal

12-11 proceedings; or

12-12 (c) An employee of the division of parole and probation of the

12-13 department of motor vehicles and public safety making a presentence

12-14 investigation and report to the district court pursuant to NRS 176.135 [,] or

12-15 making a general investigation and report pursuant to section 3 of this

12-16 act,

12-17 who is given access, pursuant to subsection 1 or 2, to information

12-18 identifying the subjects of a report and who makes this information public

12-19 is guilty of a misdemeanor.

12-20 7. The division of child and family services shall adopt regulations to

12-21 carry out the provisions of this section.

12-22 Sec. 12. NRS 432B.290 is hereby amended to read as follows:

12-23 432B.290 1. Except as otherwise provided in subsection 2, data or

12-42 of an issue before it;

13-1 (f) A person engaged in bona fide research or an audit, but information

13-2 identifying the subjects of a report must not be made available to him;

13-3 (g) The guardian ad litem of the child;

13-4 (h) A grand jury upon its determination that access to these records is

13-5 necessary in the conduct of its official business;

13-6 (i) An agency which provides protective services or which is authorized

13-7 to receive, investigate and evaluate reports of abuse or neglect of a child;

13-8 (j) A team organized for the protection of a child pursuant to NRS

13-9 432B.350;

13-10 (k) A parent or legal guardian of the child, if the identity of the person

13-11 responsible for reporting the alleged abuse or neglect of the child to a

13-12 public agency is kept confidential;

13-13 (l) The person named in the report as allegedly being abused or

13-14 neglected, if he is not a minor or otherwise legally incompetent;

13-15 (m) An agency that is authorized by law to license foster homes or

13-16 facilities for children or to investigate persons applying for approval to

13-17 adopt a child, if the agency has before it an application for that license or is

13-18 investigating an applicant to adopt a child;

13-19 (n) Upon written consent of the parent, any officer of this state or a city

13-20 or county thereof or legislator authorized, by the agency or department

13-21 having jurisdiction or by the legislature, acting within its jurisdiction, to

13-22 investigate the activities or programs of an agency that provides protective

13-23 services if:

13-24 (1) The identity of the person making the report is kept confidential;

13-25 and

13-26 (2) The officer, legislator or a member of his family is not the person

13-27 alleged to have committed the abuse or neglect; or

13-28 (o) The division of parole and probation of the department of motor

13-29 vehicles and public safety for use pursuant to NRS 176.135 in making a

13-30 presentence investigation and report to the district court [.] or pursuant to

13-31 section 3 of this act in making a general investigation and report.

13-32 2. An agency investigating a report of the abuse or neglect of a child

13-33 shall, upon request, provide to a person named in the report as allegedly

13-34 causing the abuse or neglect of the child:

13-35 (a) A copy of:

13-36 (1) Any statement made in writing to an investigator for the agency by

13-37 the person named in the report as allegedly causing the abuse or neglect of

13-38 the child; or

13-39 (2) Any recording made by the agency of any statement made orally

13-40 to an investigator for the agency by the person named in the report as

13-41 allegedly causing the abuse or neglect of the child; or

13-42 (b) A written summary of the allegations made against the person who is

13-43 named in the report as allegedly causing the abuse or neglect of the child.

14-1 The summary must not identify the person responsible for reporting the

14-2 alleged abuse or neglect.

14-3 3. Any person, except for:

14-4 (a) The subject of a report;

14-5 (b) A district attorney or other law enforcement officer initiating legal

14-6 proceedings; or

14-7 (c) An employee of the division of parole and probation of the

14-8 department of motor vehicles and public safety making a presentence

14-9 investigation and report to the district court pursuant to NRS 176.135 [,] or

14-10 making a general investigation and report pursuant to section 3 of this

14-11 act,

14-12 who is given access, pursuant to subsection 1, to information identifying the

14-13 subjects of a report and who makes this information public is guilty of a

14-14 misdemeanor.

14-15 4. The division of child and family services shall adopt regulations to

14-16 carry out the provisions of this section.

14-17 Sec. 13. The provisions of subsection 1 of NRS 354.599 do not apply

14-18 to any additional expenses of a local government that are related to the

14-19 provisions of this act.

14-20 Sec. 14. The amendatory provisions of this act do not apply to

14-21 offenses committed before October 1, 1999.

14-22 Sec. 15. 1. This section and sections 1 to 11, inclusive, and 13 and

14-23 14 of this act become effective on October 1, 1999.

14-24 2. Section 11 of this act expires by limitation on June 30, 2001.

14-25 3. Section 12 of this act becomes effective on July 1, 2001.