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
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 179A.100 is hereby amended to read as follows: 179A.100 1. The following records of criminal history may be1-3
disseminated by an agency of criminal justice without any restriction1-4
pursuant to this chapter:1-5
(a) Any which reflect records of conviction only; and1-6
(b) Any which pertain to an incident for which a person is currently1-7
within the system of criminal justice, including parole or probation.1-8
2. Without any restriction pursuant to this chapter, a record of criminal1-9
history or the absence of such a record may be:1-10
(a) Disclosed among agencies which maintain a system for the mutual1-11
exchange of criminal records.1-12
(b) Furnished by one agency to another to administer the system of1-13
criminal justice, including the furnishing of information by a police1-14
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 prospective1-17
employer, or his authorized agent, upon request, records of criminal1-18
history concerning a prospective employee or volunteer which:1-19
(a) Reflect convictions only; or2-1
(b) Pertain to an incident for which the prospective employee or2-2
volunteer is currently within the system of criminal justice, including parole2-3
or probation.2-4
4. The central repository shall disseminate to a prospective or current2-5
employer, upon request, information relating to sexual offenses concerning2-6
an employee, prospective employee, volunteer or prospective volunteer2-7
who gives his written consent to the release of that information.2-8
5. Records of criminal history must be disseminated by an agency of2-9
criminal justice upon request, to the following persons or governmental2-10
entities:2-11
(a) The person who is the subject of the record of criminal history for2-12
the purposes of NRS 179A.150.2-13
(b) The person who is the subject of the record of criminal history or his2-14
attorney of record when the subject is a party in a judicial, administrative,2-15
licensing, disciplinary or other proceeding to which the information is2-16
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 applicant2-20
for a license.2-21
(f) A public administrator to carry out his duties as prescribed in chapter2-22
253 of NRS.2-23
(g) A public guardian to investigate a ward or proposed ward or persons2-24
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 another2-26
state or the District of Columbia.2-27
(i) Any public utility subject to the jurisdiction of the public utilities2-28
commission of Nevada when the information is necessary to conduct a2-29
security investigation of an employee or prospective employee, or to2-30
protect the public health, safety or welfare.2-31
(j) Persons and agencies authorized by statute, ordinance, executive2-32
order, court rule, court decision or court order as construed by appropriate2-33
state or local officers or agencies.2-34
(k) Any person or governmental entity which has entered into a contract2-35
to provide services to an agency of criminal justice relating to the2-36
administration of criminal justice, if authorized by the contract, and if the2-37
contract also specifies that the information will be used only for stated2-38
purposes and that it will be otherwise confidential in accordance with state2-39
and federal law and regulation.2-40
(l) Any reporter for the electronic or printed media in his professional2-41
capacity for communication to the public.3-1
(m) Prospective employers if the person who is the subject of the3-2
information has given written consent to the release of that information by3-3
the agency which maintains it.3-4
(n) For the express purpose of research, evaluative or statistical3-5
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 human3-7
resources and any county agency that is operated pursuant to NRS3-8
432B.325 or authorized by a court of competent jurisdiction to receive and3-9
investigate reports of abuse or neglect of children and which provides or3-10
arranges for protective services for such children.3-11
(p) The welfare division of the department of human resources or its3-12
designated representative.3-13
(q) An agency of this or any other state or the Federal Government that3-14
is conducting activities pursuant to Part D of Title IV of the Social Security3-15
Act ,3-16
(r) The state disaster identification team of the division of emergency3-17
management of the department of motor vehicles and public safety during a3-18
state of emergency proclaimed pursuant to NRS 414.070.3-19
6. Agencies of criminal justice in this state which receive information3-20
from sources outside this state concerning transactions involving criminal3-21
justice which occur outside Nevada shall treat the information as3-22
confidentially as is required by the provisions of this chapter.3-23
Sec. 2. This act becomes effective upon passage and approval.~