Senate Bill No. 327–Committee on Judiciary

March 5, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Authorizes release of certain records of criminal history to authorized agent of employer. (BDR 14-1244)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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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).

 

AN ACT relating to criminal records; authorizing the release of certain records of criminal history to the authorized agent of an employer; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 179A.100 is hereby amended to read as follows:

1-2 179A.100 1. The following records of criminal history may be

1-3 disseminated by an agency of criminal justice without any restriction

1-4 pursuant to this chapter:

1-5 (a) Any which reflect records of conviction only; and

1-6 (b) Any which pertain to an incident for which a person is currently

1-7 within the system of criminal justice, including parole or probation.

1-8 2. Without any restriction pursuant to this chapter, a record of criminal

1-9 history or the absence of such a record may be:

1-10 (a) Disclosed among agencies which maintain a system for the mutual

1-11 exchange of criminal records.

1-12 (b) Furnished by one agency to another to administer the system of

1-13 criminal justice, including the furnishing of information by a police

1-14 department to a district attorney.

1-15 (c) Reported to the central repository.

1-16 3. An agency of criminal justice shall disseminate to a prospective

1-17 employer, or his authorized agent, upon request, records of criminal

1-18 history concerning a prospective employee or volunteer which:

1-19 (a) Reflect convictions only; or

2-1 (b) Pertain to an incident for which the prospective employee or

2-2 volunteer is currently within the system of criminal justice, including parole

2-3 or probation.

2-4 4. The central repository shall disseminate to a prospective or current

2-5 employer, upon request, information relating to sexual offenses concerning

2-6 an employee, prospective employee, volunteer or prospective volunteer

2-7 who gives his written consent to the release of that information.

2-8 5. Records of criminal history must be disseminated by an agency of

2-9 criminal justice upon request, to the following persons or governmental

2-10 entities:

2-11 (a) The person who is the subject of the record of criminal history for

2-12 the purposes of NRS 179A.150.

2-13 (b) The person who is the subject of the record of criminal history or his

2-14 attorney of record when the subject is a party in a judicial, administrative,

2-15 licensing, disciplinary or other proceeding to which the information is

2-16 relevant.

2-17 (c) The state gaming control board.

2-18 (d) The state board of nursing.

2-19 (e) The private investigator’s licensing board to investigate an applicant

2-20 for a license.

2-21 (f) A public administrator to carry out his duties as prescribed in chapter

2-22 253 of NRS.

2-23 (g) A public guardian to investigate a ward or proposed ward or persons

2-24 who may have knowledge of assets belonging to a ward or proposed ward.

2-25 (h) Any agency of criminal justice of the United States or of another

2-26 state or the District of Columbia.

2-27 (i) Any public utility subject to the jurisdiction of the public utilities

2-28 commission of Nevada when the information is necessary to conduct a

2-29 security investigation of an employee or prospective employee, or to

2-30 protect the public health, safety or welfare.

2-31 (j) Persons and agencies authorized by statute, ordinance, executive

2-32 order, court rule, court decision or court order as construed by appropriate

2-33 state or local officers or agencies.

2-34 (k) Any person or governmental entity which has entered into a contract

2-35 to provide services to an agency of criminal justice relating to the

2-36 administration of criminal justice, if authorized by the contract, and if the

2-37 contract also specifies that the information will be used only for stated

2-38 purposes and that it will be otherwise confidential in accordance with state

2-39 and federal law and regulation.

2-40 (l) Any reporter for the electronic or printed media in his professional

2-41 capacity for communication to the public.

3-1 (m) Prospective employers if the person who is the subject of the

3-2 information has given written consent to the release of that information by

3-3 the agency which maintains it.

3-4 (n) For the express purpose of research, evaluative or statistical

3-5 programs pursuant to an agreement with an agency of criminal justice.

3-6 (o) The division of child and family services of the department of human

3-7 resources and any county agency that is operated pursuant to NRS

3-8 432B.325 or authorized by a court of competent jurisdiction to receive and

3-9 investigate reports of abuse or neglect of children and which provides or

3-10 arranges for protective services for such children.

3-11 (p) The welfare division of the department of human resources or its

3-12 designated representative.

3-13 (q) An agency of this or any other state or the Federal Government that

3-14 is conducting activities pursuant to Part D of Title IV of the Social Security

3-15 Act , [(] 42 U.S.C. §§ 651 et seq. [).]

3-16 (r) The state disaster identification team of the division of emergency

3-17 management of the department of motor vehicles and public safety during a

3-18 state of emergency proclaimed pursuant to NRS 414.070.

3-19 6. Agencies of criminal justice in this state which receive information

3-20 from sources outside this state concerning transactions involving criminal

3-21 justice which occur outside Nevada shall treat the information as

3-22 confidentially as is required by the provisions of this chapter.

3-23 Sec. 2. This act becomes effective upon passage and approval.

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