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 453.3363 is hereby amended to read as follows:

1-2 453.3363 1. If a person who has not previously been convicted of

1-13 rehabilitation pursuant to NRS 453.580.

2-1 2. Upon violation of a term or condition, the court may enter a

2-2 judgment of conviction and proceed as provided in the section pursuant to

2-3 which the accused was charged. Notwithstanding the provisions of

2-4 paragraph (e) of subsection 2 of NRS 193.130, upon violation of a term or

2-5 condition, the court may order the person to the custody of the department

2-6 of prisons.

2-7 3. Upon fulfillment of the terms and conditions, the court shall

2-8 discharge the accused and dismiss the proceedings against him. A

2-9 nonpublic record of the dismissal must be transmitted to and retained by the

2-10 division of parole and probation of the department of motor vehicles and

2-11 public safety solely for the use of the courts in determining whether, in later

2-12 proceedings, the person qualifies under this section.

2-13 4. Except as otherwise provided in [subsection 5,] subsections 5 and 6,

2-14 discharge and dismissal under this section is without adjudication of guilt

2-15 and is not a conviction for purposes of this section or for purposes of

2-16 employment, civil rights or any statute or regulation or license or

2-17 questionnaire or for any other public or private purpose, but is a conviction

2-18 for the purpose of additional penalties imposed for second or subsequent

2-19 convictions or the setting of bail. Discharge and dismissal restores the

2-20 person discharged, in the contemplation of the law, to the status occupied

2-21 before the arrest, indictment or information. [He] Except as otherwise

2-22 provided in subsections 5 and 6, he may not be held thereafter under any

2-23 law to be guilty of perjury or otherwise giving a false statement by reason

2-24 of failure to recite or acknowledge that arrest, indictment, information or

2-25 trial in response to an inquiry made of him for any purpose. Discharge and

2-26 dismissal under this section may occur only once with respect to any

2-27 person.

2-28 5. A professional licensing board may consider a proceeding under this

2-29 section in determining suitability for a license or [liability to] imposition of

2-30 discipline for misconduct. Such a board is entitled for those purposes to a

2-31 truthful answer from the applicant or licensee concerning any such

2-32 proceeding with respect to him.

2-33 6. The state board of education and the board of trustees of a county

2-34 school district may consider a proceeding under this section in

2-35 determining suitability for a license, suitability for employment or

2-36 imposition of discipline for misconduct. The state board of education and

2-37 the board of trustees of a county school district are entitled for those

2-38 purposes to a truthful answer from the applicant, licensee or employee

2-39 concerning any such proceeding with respect to him.

2-40 Sec. 2. NRS 453.3365 is hereby amended to read as follows:

2-41 453.3365 1. Three years after a person is convicted and sentenced

2-43 documents, papers and exhibits in that person’s record, minute book entries

3-1 and entries on dockets, and other documents relating to the case in the

3-2 custody of such other agencies and officers as are named in the court’s

3-3 order, if the:

3-4 (a) Person fulfills the terms and conditions imposed by the court and the

3-5 parole and probation officer; and

3-6 (b) Court, after a hearing, is satisfied that the person is rehabilitated.

3-7 2. Except as limited by [subsection 4,] subsections 4 and 5, 3 years

3-8 after an accused is discharged from probation pursuant to NRS 453.3363,

3-9 the court shall order sealed all documents, papers and exhibits in that

3-10 person’s record, minute book entries and entries on dockets, and other

3-11 documents relating to the case in the custody of such other agencies and

3-12 officers as are named in the court’s order if the person fulfills the terms and

3-13 conditions imposed by the court and the division of parole and probation of

3-14 the department of motor vehicles and public safety. The court shall order

3-15 those records sealed without a hearing unless the division of parole and

3-16 probation petitions the court, for good cause shown, not to seal the records

3-17 and requests a hearing thereon.

3-18 3. If the court orders sealed the record of a person discharged pursuant

3-19 to NRS 453.3363, it shall send a copy of the order to each agency or officer

3-20 named in the order. Each such agency or officer shall notify the court in

3-21 writing of its compliance with the order.

3-22 4. A professional licensing board is entitled, for the purpose of

3-23 determining suitability for a license or [liability to] imposition of discipline

3-24 for misconduct, to inspect and to copy from a record sealed pursuant to this

3-25 section.

3-26 5. The state board of education and the board of trustees of a county

3-27 school district are entitled, for the purpose of determining suitability for a

3-28 license, suitability for employment or imposition of discipline for

3-29 misconduct, to inspect and to copy from a record sealed pursuant to this

3-30 section.

3-31 Sec. 3. NRS 179.285 is hereby amended to read as follows:

3-32 179.285 Except as otherwise provided in NRS 179.301, 453.3363 and

3-38 acquittal.

3-39 Sec. 4. NRS 179.295 is hereby amended to read as follows:

3-40 179.295 1. The person who is the subject of the records that are

3-43 a person named in the petition, and the court may order such inspection.

4-1 Except as otherwise provided in this section and NRS 179.301 [,] and

4-2 453.3365, the court may not order the inspection of the records under any

4-3 other circumstances.

4-4 2. If a person has been arrested, the charges have been dismissed and

4-5 the records of the arrest have been sealed, the court may order the

4-6 inspection of the records by a prosecuting attorney upon a showing that as a

4-7 result of newly discovered evidence, the person has been arrested for the

4-8 same or similar offense and that there is sufficient evidence reasonably to

4-9 conclude that he will stand trial for the offense.

4-10 3. The court may, upon the application of a prosecuting attorney or an

4-11 attorney representing a defendant in a criminal action, order an inspection

4-12 of such records for the purpose of obtaining information relating to persons

4-13 who were involved in the incident recorded.

4-14 Sec. 5. NRS 391.312 is hereby amended to read as follows:

4-15 391.312 1. A teacher may be suspended, dismissed or not

4-43 [(p)] (q) Dishonesty.

5-1 2. In determining whether the professional performance of a licensed

5-2 employee is inadequate, consideration must be given to the regular and

5-3 special evaluation reports prepared in accordance with the policy of the

5-4 employing school district and to any written standards of performance

5-5 which may have been adopted by the board.

5-6 Sec. 6. NRS 391.313 is hereby amended to read as follows:

5-7 391.313 1. Whenever an administrator charged with supervision of a

5-38 subsection 1 of NRS 391.312.

5-39 Sec. 7. NRS 391.314 is hereby amended to read as follows:

5-40 391.314 1. If a superintendent has reason to believe that cause exists

5-43 the pupils in the district, the superintendent may suspend the employee

6-1 without notice and without a hearing. Notwithstanding the provisions of

6-2 NRS 391.312, a superintendent may suspend a licensed employee who has

6-3 been officially charged but not yet convicted of a felony or a crime

6-4 involving moral turpitude or immorality. If the charge is dismissed , unless

6-5 the charge is dismissed pursuant to NRS 453.3363, or if the employee is

6-6 found not guilty, he must be reinstated with back pay, plus interest, and

6-7 normal seniority. The superintendent shall notify the employee in writing of

6-8 the suspension.

6-9 2. Within 5 days after a suspension becomes effective, the

6-10 superintendent shall begin proceedings pursuant to the provisions of NRS

6-11 391.312 to 391.3196, inclusive, to effect the employee’s dismissal. The

6-12 employee is entitled to continue to receive his salary and other benefits

6-13 after the suspension becomes effective until the date on which the dismissal

6-14 proceedings are commenced. The superintendent may recommend that an

6-15 employee who has been charged with a felony or a crime involving

6-16 immorality be dismissed for another ground set forth in NRS 391.312.

6-17 3. If sufficient grounds for dismissal do not exist, the employee must

6-18 be reinstated with full compensation, plus interest.

6-19 4. A licensed employee who furnishes to the school district a bond or

6-20 other security which is acceptable to the board as a guarantee that he will

6-21 repay any amounts paid to him pursuant to this subsection as salary during

6-22 a period of suspension is entitled to continue to receive his salary from the

6-23 date on which the dismissal proceedings are commenced until the decision

6-24 of the board or the report of the hearing officer, if the report is final and

6-25 binding. The board shall not unreasonably refuse to accept security other

6-26 than a bond. An employee who receives salary pursuant to this subsection

6-27 shall repay it if he is dismissed or not reemployed as a result of a decision

6-28 of the board or a report of a hearing officer.

6-29 5. A licensed employee who is convicted of a crime which requires

6-30 registration pursuant to NRS 179D.200 to 179D.290, inclusive, or

6-31 179D.350 to 179D.550, inclusive, or is convicted of an act forbidden by

6-32 NRS 200.508, 201.190 or 201.265 forfeits all rights of employment from

6-33 the date of his arrest.

6-34 6. A licensed employee who is convicted of any crime and who is

6-35 sentenced to and serves any sentence of imprisonment forfeits all rights of

6-36 employment from the date of his arrest or the date on which his

6-37 employment terminated, whichever is later.

6-38 7. A licensed employee who is charged with a felony or a crime

6-39 involving immorality or moral turpitude and who waives his right to a

6-40 speedy trial while suspended may receive no more than 12 months of back

6-41 pay and seniority upon reinstatement if he is found not guilty or the charges

6-42 are dismissed, unless proceedings have been begun to dismiss the employee

6-43 upon one of the other grounds set forth in NRS 391.312.

7-1 8. A superintendent may discipline a licensed employee by suspending

7-2 the employee with loss of pay at any time after a hearing has been held

7-3 which affords the due process provided for in this chapter. The grounds for

7-4 suspension are the same as the grounds contained in NRS 391.312. An

7-5 employee may be suspended more than once during the employee’s

7-6 contract year, but the total number of days of suspension may not exceed

7-7 20 in 1 contract year. Unless circumstances require otherwise, the

7-8 suspensions must be progressively longer.

7-9 Sec. 8. NRS 391.330 is hereby amended to read as follows:

7-10 391.330 The state board may suspend or revoke the license of any

7-30 licensed employees.

7-31 Sec. 9. This act becomes effective upon passage and approval.