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; enacting provisions governing the dissemination of such records by an authorized agent; 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. Chapter 179A of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 "Authorized agent" means a person who is:

1-4 1. Subject to compliance with the provisions of the Fair Credit

1-5 Reporting Act, 15 U.S.C. §§ 1681 et seq.;

1-6 2. Authorized by an employer to disseminate information to the

1-7 employer to be used in making a decision to hire, retain, suspend or

1-8 discharge an employee, a prospective employee, a volunteer or a

1-9 prospective volunteer; and

1-10 3. Acting on behalf of the employer who authorized him to

1-11 disseminate information to the employer to be used in making a decision

1-12 to hire, retain, suspend or discharge an employee, a prospective

1-13 employee, a volunteer or a prospective volunteer.

1-14 Sec. 2. NRS 179A.010 is hereby amended to read as follows:

1-15 179A.010 As used in this chapter, unless the context otherwise

1-16 requires, the words and terms defined in NRS 179A.020 to 179A.073,

1-17 inclusive, and section 1 of this act have the meanings ascribed to them in

1-18 those sections.

2-1 Sec. 3. NRS 179A.100 is hereby amended to read as follows:

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

2-3 disseminated by an agency of criminal justice without any restriction

2-4 pursuant to this chapter:

2-5 (a) Any which reflect records of conviction only; and

2-6 (b) Any which pertain to an incident for which a person is currently

2-7 within the system of criminal justice, including parole or probation.

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

2-9 history or the absence of such a record may be:

2-10 (a) Disclosed among agencies which maintain a system for the mutual

2-11 exchange of criminal records.

2-12 (b) Furnished by one agency to another to administer the system of

2-13 criminal justice, including the furnishing of information by a police

2-14 department to a district attorney.

2-15 (c) Reported to the central repository.

2-16 3. An agency of criminal justice shall disseminate to a prospective

2-17 employer, or his authorized agent, upon request, records of criminal

2-18 history concerning a prospective employee or volunteer which:

2-19 (a) Reflect convictions only; or

2-20 (b) Pertain to an incident for which the prospective employee or

2-21 volunteer is currently within the system of criminal justice, including parole

2-22 or probation.

2-23 4. The central repository shall disseminate to a prospective or current

2-24 employer, or his authorized agent, upon request, information relating to

2-25 sexual offenses concerning an employee, a prospective employee, a

2-26 volunteer or a prospective volunteer who gives his written consent to the

2-27 release of that information.

2-28 5. Records of criminal history must be disseminated by an agency of

2-29 criminal justice , upon request, to the following persons or governmental

2-30 entities:

2-31 (a) The person who is the subject of the record of criminal history for

2-32 the purposes of NRS 179A.150.

2-33 (b) The person who is the subject of the record of criminal history or his

2-34 attorney of record when the subject is a party in a judicial, administrative,

2-35 licensing, disciplinary or other proceeding to which the information is

2-36 relevant.

2-37 (c) The state gaming control board.

2-38 (d) The state board of nursing.

2-39 (e) The private investigator’s licensing board to investigate an applicant

2-40 for a license.

2-41 (f) A public administrator to carry out his duties as prescribed in chapter

2-42 253 of NRS.

3-1 (g) A public guardian to investigate a ward or proposed ward or persons

3-2 who may have knowledge of assets belonging to a ward or proposed ward.

3-3 (h) Any agency of criminal justice of the United States or of another

3-4 state or the District of Columbia.

3-5 (i) Any public utility subject to the jurisdiction of the public utilities

3-6 commission of Nevada when the information is necessary to conduct a

3-7 security investigation of an employee or prospective employee, or to

3-8 protect the public health, safety or welfare.

3-9 (j) Persons and agencies authorized by statute, ordinance, executive

3-10 order, court rule, court decision or court order as construed by appropriate

3-11 state or local officers or agencies.

3-12 (k) Any person or governmental entity which has entered into a contract

3-13 to provide services to an agency of criminal justice relating to the

3-14 administration of criminal justice, if authorized by the contract, and if the

3-15 contract also specifies that the information will be used only for stated

3-16 purposes and that it will be otherwise confidential in accordance with state

3-17 and federal law and regulation.

3-18 (l) Any reporter for the electronic or printed media in his professional

3-19 capacity for communication to the public.

3-20 (m) Prospective employers , or their authorized agents, if the person

3-21 who is the subject of the information has given written consent to the

3-22 release of that information by the agency which maintains it.

3-23 (n) For the express purpose of research, evaluative or statistical

3-24 programs pursuant to an agreement with an agency of criminal justice.

3-25 (o) The division of child and family services of the department of human

3-26 resources and any county agency that is operated pursuant to NRS

3-27 432B.325 or authorized by a court of competent jurisdiction to receive and

3-28 investigate reports of abuse or neglect of children and which provides or

3-29 arranges for protective services for such children.

3-30 (p) The welfare division of the department of human resources or its

3-31 designated representative.

3-32 (q) An agency of this or any other state or the Federal Government that

3-33 is conducting activities pursuant to Part D of Title IV of the Social Security

3-34 Act , [(] 42 U.S.C. §§ 651 et seq. [).]

3-35 (r) The state disaster identification team of the division of emergency

3-36 management of the department of motor vehicles and public safety during a

3-37 state of emergency proclaimed pursuant to NRS 414.070.

3-38 6. Agencies of criminal justice in this state which receive information

3-39 from sources outside this state concerning transactions involving criminal

3-40 justice which occur outside Nevada shall treat the information as

3-41 confidentially as is required by the provisions of this chapter.

4-1 Sec. 4. NRS 179A.110 is hereby amended to read as follows:

4-2 179A.110 [No]

4-3 1. Except as otherwise provided in this section, a person who receives

4-4 information relating to sexual offenses or other records of criminal history

4-5 pursuant to this chapter may not disseminate [it] the information relating

4-6 to sexual offenses or other records of criminal history further without

4-7 express authority of law or in accordance with a court order.

4-8 2. An authorized agent may disseminate information relating to

4-9 sexual offenses or other records of criminal history to the employer on

4-10 whose behalf the authorized agent obtained the information relating to

4-11 sexual offenses or other records of criminal history.

4-12 3. This section does not prohibit the dissemination of material by an

4-13 employee of the electronic or printed media in his professional capacity for

4-14 communication to the public.

4-15 Sec. 5. NRS 179A.130 is hereby amended to read as follows:

4-16 179A.130 1. Each agency of criminal justice [which] that maintains

4-17 and disseminates information relating to sexual offenses or other records of

4-18 criminal history [must] shall maintain a log of each dissemination of [that]

4-19 information relating to sexual offenses or other records of criminal

4-20 history other than a dissemination of the fact that the agency has no record

4-21 relating to a certain person. [The]

4-22 2. An authorized agent who disseminates information relating to

4-23 sexual offenses or other records of criminal history to the employer on

4-24 whose behalf the authorized agent obtained the information relating to

4-25 sexual offenses or other records of criminal history shall maintain a log

4-26 of each dissemination of information relating to sexual offenses or other

4-27 records of criminal history.

4-28 3. A log required by subsection 1 or 2 must be maintained for at least

4-29 1 year after the information [is] relating to sexual offenses or other

4-30 records of criminal history are disseminated, and must contain:

4-31 [1.] (a) An entry showing [to what] the name of the agency or person

4-32 to whom the information relating to sexual offenses or other records of

4-33 criminal history were provided;

4-34 [2.] (b) The date on which the information [was provided;

4-35 3.] relating to sexual offenses or other records of criminal history

4-36 were provided;

4-37 (c) The name of the person who is the subject of the information [; and

4-38 4.] relating to sexual offenses or other records of criminal history;

4-39 and

4-40 (d) A brief description of the information relating to sexual offenses or

4-41 other records of criminal history that were provided.

5-1 Sec. 6. This act becomes effective upon passage and approval.

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