SB515

Senate Bill No. 515–Committee on Judiciary

(On Behalf of Department of Motor Vehicles
and Public Safety)

March 22, 1999

____________

Referred to Committee on Judiciary

SUMMARY—Revises provisions governing registration and community notification of sex offenders and offenders convicted of crime against child. (BDR 14-664)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

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 public safety; revising the provisions governing registration and community notification of sex offenders and offenders convicted of a crime against a child; revising the provisions governing the statewide registry of sex offenders and offenders convicted of a crime against a child; revising the provisions governing psychosexual evaluations of certain sex offenders; 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 176.0926 is hereby amended to read as follows:

1-2 176.0926 1. If a defendant is convicted of a crime against a child, the

1-3 court shall, before imposing sentence:

1-4 (a) Notify the division of the conviction of the defendant, so the division

1-5 and the central repository may carry out the provisions for registration of

1-6 the defendant pursuant to NRS 179D.230.

1-7 (b) Inform the defendant of the requirements for registration, including,

1-8 but not limited to:

1-9 (1) The duty to register in this state [~~and, if]~~ during any period in

1-10 which he is a resident of this state or a nonresident who is a student or

1-11 worker within this state;

2-1 (2) The duty to register in any other jurisdiction during any period

2-2 in which he is a resident of the other jurisdiction or a nonresident who is

2-3 a student or worker within the other jurisdiction;

2-4 (3) If he moves from this state to another jurisdiction, the duty to

2-5 register with the appropriate law enforcement agency in the other

2-6 jurisdiction [~~if the other jurisdiction requires registration; and~~

2-7 ~~(2)]~~ ; and

2-8 (4) The duty to notify the division, in writing, if he changes the

2-9 address at which he resides, including if he moves from this state to another

2-10 jurisdiction [.] , or changes the primary address at which he is a student

2-11 or worker.

2-12 (c) Require the defendant to read and sign a form confirming that the

2-13 requirements for registration have been explained to him.

2-14 2. The failure to provide the defendant with the information or

2-15 confirmation form required by paragraphs (b) and (c) of subsection 1 does

2-16 not affect the duty of the defendant to register and to comply with all other

2-17 provisions for registration pursuant to NRS 179D.200 to 179D.290,

2-18 inclusive.

2-19 [~~2. If the crime against a child is an offense for which the suspension of~~

2-20 ~~sentence or the granting of probation is permitted, the court may not enter~~

2-21 ~~an order granting probation or suspending the sentence until the division~~

2-22 ~~has established a record of registration for the defendant and has provided a~~

2-23 ~~copy of the record of registration to the central repository pursuant to NRS~~

2-24 ~~179D.230.]~~

2-25 Sec. 2. NRS 176.0927 is hereby amended to read as follows:

2-26 176.0927 1. If a defendant is convicted of a sexual offense, the court

2-27 shall, before imposing sentence:

2-28 (a) Notify the division of the conviction of the defendant, so the division

2-29 and the central repository may carry out the provisions for registration of

2-30 the defendant pursuant to NRS 179D.450.

2-31 (b) Inform the defendant of the requirements for registration, including,

2-32 but not limited to:

2-33 (1) The duty to register in this state [~~and, if]~~ during any period in

2-34 which he is a resident of this state or a nonresident who is a student or

2-35 worker within this state;

2-36 (2) The duty to register in any other jurisdiction during any period

2-37 in which he is a resident of the other jurisdiction or a nonresident who is

2-38 a student or worker within the other jurisdiction;

2-39 (3) If he moves from this state to another jurisdiction, the duty to

2-40 register with the appropriate law enforcement agency in the other

2-41 jurisdiction [~~if the other jurisdiction requires registration; and~~

2-42 ~~(2)]~~ ; and

3-1 (4) The duty to notify the division, in writing, if he changes the

3-2 address at which he resides, including if he moves from this state to another

3-3 jurisdiction [.] , or changes the primary address at which he is a student

3-4 or worker.

3-5 (c) Require the defendant to read and sign a form stating that the

3-6 requirements for registration have been explained to him.

3-7 2. The failure to provide the defendant with the information or

3-8 confirmation form required by paragraphs (b) and (c) of subsection 1 does

3-9 not affect the duty of the defendant to register and to comply with all other

3-10 provisions for registration pursuant to NRS 179D.350 to 179D.550,

3-11 inclusive.

3-12 [~~2. If the sexual offense is an offense for which the suspension of~~

3-13 ~~sentence or the granting of probation is permitted, the court may not enter~~

3-14 ~~an order granting probation or suspending the sentence until the division~~

3-15 ~~has established a record of registration for the defendant and has provided a~~

3-16 ~~copy of the record of registration to the central repository pursuant to NRS~~

3-17 ~~179D.450.]~~

3-18 Sec. 3. NRS 176.135 is hereby amended to read as follows:

3-19 176.135 1. Except as otherwise provided in this section, the division

3-20 shall make a presentence investigation and report to the court on each

3-21 defendant who pleads guilty, guilty but mentally ill or nolo contendere to or

3-22 is found guilty of a felony.

3-23 2. If a defendant is convicted of a felony that is a sexual offense, the

3-24 presentence investigation and report [~~must]~~ :

3-25 (a) Must be made before the imposition of sentence or the granting of

3-26 probation ; and

3-27 (b) If the sexual offense is an offense for which the suspension of

3-28 sentence or the granting of probation is permitted, must include a

3-29 psychosexual evaluation of the defendant.

3-30 3. If a defendant is convicted of a felony other than a sexual offense,

3-31 the presentence investigation and report must be made before the

3-32 imposition of sentence or the granting of probation unless:

3-33 (a) A sentence is fixed by a jury; or

3-34 (b) Such an investigation and report on the defendant has been made by

3-35 the division within the 5 years immediately preceding the date initially set

3-36 for sentencing on the most recent offense.

3-37 4. Upon request of the court, the division shall make presentence

3-38 investigations and reports on defendants who plead guilty, guilty but

3-39 mentally ill or nolo contendere to or are found guilty of gross

3-40 misdemeanors.

3-41 Sec. 4. NRS 176.139 is hereby amended to read as follows:

3-42 176.139 1. If a defendant is convicted of a sexual offense [,] for

3-43 which the suspension of sentence or the granting of probation is

4-1 permitted, the division shall arrange for a psychosexual evaluation of the

4-2 defendant as part of the division’s presentence investigation and report to

4-3 the court.

4-4 2. The psychosexual evaluation of the defendant must be conducted by

4-5 a person professionally qualified to conduct psychosexual evaluations.

4-6 3. The person who conducts the psychosexual evaluation of the

4-7 defendant must use diagnostic tools that are generally accepted as being

4-8 within the standard of care for the evaluation of sex offenders, and the

4-9 psychosexual evaluation of the defendant must include:

4-10 (a) A comprehensive clinical interview with the defendant; and

4-11 (b) A review of all investigative reports relating to the defendant’s

4-12 sexual offense and all statements made by victims of that offense . [;

4-13 ~~(c) A review of records relating to previous criminal offenses committed~~

4-14 ~~by the defendant; and~~

4-15 ~~(d) A review of records relating to previous evaluations and treatment of~~

4-16 ~~the defendant.]~~

4-17 4. The psychosexual evaluation of the defendant may include:

4-18 (a) A review of records relating to previous criminal offenses

4-19 committed by the defendant;

4-20 (b) A review of records relating to previous evaluations and treatment

4-21 of the defendant;

4-22 (c) A review of the defendant’s records from school;

4-23 [~~(b)]~~ (d) Interviews with the defendant’s parents, the defendant’s spouse

4-24 or other persons who may be significantly involved with the defendant or

4-25 who may have relevant information relating to the defendant’s background;

4-26 and

4-27 [~~(c)]~~ (e) The use of psychological testing, polygraphic examinations and

4-28 arousal assessment.

4-29 5. The person who conducts the psychosexual evaluation of the

4-30 defendant must be given access to all records of the defendant that are

4-31 necessary to conduct the evaluation, and the defendant shall be deemed to

4-32 have waived all rights of confidentiality and all privileges relating to those

4-33 records for the limited purpose of the evaluation.

4-34 6. The person who conducts the psychosexual evaluation of the

4-35 defendant shall prepare a comprehensive written report of the results of the

4-36 evaluation and shall provide a copy of that report to the division.

4-37 7. If a psychosexual evaluation is conducted pursuant to this section,

4-38 the court shall:

4-39 (a) Order the defendant, to the extent of his financial ability, to pay for

4-40 the cost of the psychosexual evaluation; or

4-41 (b) If the defendant was less than 18 years of age when the sexual

4-42 offense was committed and the defendant was certified and convicted as an

4-43 adult, order the parents or guardians of the defendant, to the extent of their

5-1 financial ability, to pay for the cost of the psychosexual evaluation. For the

5-2 purposes of this paragraph, the court has jurisdiction over the parents or

5-3 guardians of the defendant to the extent that is necessary to carry out the

5-4 provisions of this paragraph.

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

5-6 176.145 1. The report of the presentence investigation must contain:

5-7 (a) Any prior criminal record of the defendant;

5-8 (b) Such information about his characteristics, his financial condition,

5-9 the circumstances affecting his behavior and the circumstances of the

5-10 offense, as may be helpful in imposing sentence, in granting probation or in

5-11 the correctional treatment of the defendant;

5-12 (c) Information concerning the effect that the crime committed by the

5-13 defendant has had upon the victim, including, but not limited to, any

5-14 physical or psychological harm or financial loss suffered by the victim, to

5-15 the extent that such information is available from the victim or other

5-16 sources, but the provisions of this [~~subsection]~~ paragraph do not require

5-17 any particular examination or testing of the victim, and the extent of any

5-18 investigation or examination is solely at the discretion of the court or the

5-19 division and the extent of the information to be included in the report is

5-20 solely at the discretion of the division;

5-21 (d) Information concerning whether the defendant has an obligation for

5-22 the support of a child, and if so, whether he is in arrears in payment on that

5-23 obligation;

5-24 (e) Data or information concerning reports and investigations thereof

5-25 made pursuant to chapter 432B of NRS that relate to the defendant and are

5-26 made available pursuant to NRS 432B.290;

5-27 (f) The results of the evaluation of the defendant conducted pursuant to

5-28 NRS 484.3796, if such an evaluation is required pursuant to that section;

5-29 (g) A recommendation of a minimum term and a maximum term of

5-30 imprisonment or other term of imprisonment authorized by statute, or a

5-31 fine, or both;

5-32 (h) A recommendation, if the division deems it appropriate, that the

5-33 defendant undergo a program of regimental discipline pursuant to NRS

5-34 176A.780;

5-35 (i) A written report of the results of a psychosexual evaluation of the

5-36 defendant, if [~~the defendant is convicted of a sexual offense;]~~ such an

5-37 evaluation is required pursuant to NRS 176.139; and

5-38 (j) Such other information as may be required by the court.

5-39 2. The division may include in the report such additional information

5-40 as it believes will be helpful in imposing a sentence, in granting probation

5-41 or in correctional treatment.

6-1 Sec. 6. Chapter 179B of NRS is hereby amended by adding thereto a

6-2 new section to read as follows:

6-3 "Offender convicted of a crime against a child" has the meaning

6-4 ascribed to it in section 17 of this act.

6-5 Sec. 7. NRS 179B.010 is hereby amended to read as follows:

6-6 179B.010 As used in this chapter, unless the context otherwise

6-7 requires, the words and terms defined in NRS 179B.020 to 179B.140,

6-8 inclusive, and section 6 of this act have the meanings ascribed to them in

6-9 those sections.

6-10 Sec. 8. NRS 179B.200 is hereby amended to read as follows:

6-11 179B.200 1. The director shall establish within the central repository

6-12 a statewide registry of sex offenders and offenders convicted of a crime

6-13 against a child that consists of the record of registration for each such

6-14 offender and all other information concerning each such offender that is

6-15 obtained pursuant to law.

6-16 2. [~~On or before January 1, 1998, the]~~ The statewide registry must be

6-17 organized so that a law enforcement officer may search the records of

6-18 registration in the registry by entering certain search information, including,

6-19 but not limited to:

6-20 (a) A name, alias, physical description or address of an offender.

6-21 (b) A geographic location where an offense was committed.

6-22 (c) The age, gender, race or general physical description of a victim.

6-23 (d) The method of operation used by an offender, including, but not

6-24 limited to:

6-25 (1) The specific sexual acts committed against a victim;

6-26 (2) The method of obtaining access to a victim, such as the use of

6-27 enticements, threats, forced entry or violence against a victim;

6-28 (3) The type of injuries inflicted on a victim;

6-29 (4) The types of instruments, weapons or objects used;

6-30 (5) The type of property taken; and

6-31 (6) Any other distinctive characteristic of the behavior or personality

6-32 of an offender.

6-33 3. Except as otherwise provided in this subsection or by specific

6-34 statute, information in the statewide registry may be accessed only by a law

6-35 enforcement officer in the regular course of his duties and officers and

6-36 employees of the central repository. The director may permit the following

6-37 persons to have access to information in the statewide registry:

6-38 (a) Except as otherwise provided in chapter 179A of NRS or by specific

6-39 statute, an officer or employee of a governmental agency that is

6-40 investigating the background of a person for the purposes of employment.

6-41 (b) Any other person for the limited purposes of research or statistical

6-42 analysis.

7-1 4. Information contained in the statewide registry, including, but not

7-2 limited to, the record of registration of an offender, shall be deemed a

7-3 record of criminal history only for the purposes of those provisions of

7-4 chapter 179A of NRS that are consistent with the provisions of this chapter.

7-5 Sec. 9. NRS 179B.250 is hereby amended to read as follows:

7-6 179B.250 1. [~~On or before January 1, 1998, the]~~ The department

7-7 shall, in a manner prescribed by the director, establish within the central

7-8 repository a program to provide the public with access to certain

7-9 information contained in the statewide registry. The program may include,

7-10 but is not limited to, the use of a secure website on the Internet or other

7-11 electronic means of communication to provide the public with access to

7-12 certain information contained in the statewide registry if such

7-13 information is made available and disclosed in accordance with the

7-14 procedures set forth in this section.

7-15 2. Before a search of the statewide registry is conducted on behalf of a

7-16 requester seeking information from the program, the requester must provide

7-17 his name, address and telephone number and the following information

7-18 concerning the identity of the subject of the search:

7-19 (a) The name of the subject of the search and at least one of the

7-20 following items:

7-21 (1) The social security number of the subject of the search;

7-22 (2) The identification number from a driver’s license or an

7-23 identification card issued to the subject of the search by this state; or

7-24 (3) The date of birth of the subject of the search; or

7-25 (b) The name and address of the subject of the search and all of the

7-26 following items:

7-27 (1) The race or ethnicity of the subject of the search;

7-28 (2) The hair color and eye color of the subject of the search;

7-29 (3) The approximate height and weight of the subject of the search;

7-30 and

7-31 (4) The approximate age of the subject of the search.

7-32 After conducting a search based upon information provided pursuant to

7-33 paragraph (a) or (b), the central repository may require the requester to

7-34 provide additional information to confirm the identity of the subject of the

7-35 search. The additional information may include, but is not limited to, the

7-36 license number from a motor vehicle frequently driven by the subject of the

7-37 search, the employer of the subject of the search or any information listed

7-38 in paragraph (a) or (b) that was not provided for the initial search.

7-39 3. After conducting a search of the statewide registry on behalf of a

7-40 requester, the central repository shall inform the requester that:

7-41 (a) No person listed in the statewide registry matches the information

7-42 provided by the requester concerning the identity of the subject of the

7-43 search;

8-1 (b) The requester needs to provide additional information concerning

8-2 the identity of the subject of the search before the central repository may

8-3 disclose the results of the search; or

8-4 (c) A person listed in the statewide registry matches the information

8-5 provided by the requester concerning the identity of the subject of the

8-6 search. If a search of the statewide registry results in a match pursuant to

8-7 this paragraph, the central repository [~~shall]~~ :

8-8 (1) Shall inform the requester of each offense for which the subject of

8-9 the search was convicted and the date and location of each conviction. [~~The~~

8-10 ~~central repository shall]~~

8-11 (2) May, through the use of a secure website on the Internet or

8-12 other electronic means of communication, provide the requester with a

8-13 photographic image of the subject of the search if such an image is

8-14 available.

8-15 (3) Shall not provide the requester with any other information that is

8-16 included in the record of registration for the subject of the search.

8-17 4. For each inquiry to the program, the central repository shall:

8-18 (a) Charge a fee to the requester;

8-19 (b) Maintain a log of the information provided by the requester to the

8-20 central repository and the information provided by the central repository to

8-21 the requester; and

8-22 (c) Inform the requester that information obtained through the program

8-23 may not be used to violate the law or the individual rights of another person

8-24 and that such misuse of information obtained through the program may

8-25 subject the requester to criminal prosecution or civil liability for damages.

8-26 5. A person may not use information obtained through the program as a

8-27 substitute for information relating to sexual offenses that must be provided

8-28 by the central repository pursuant to NRS 179A.190 to 179A.240,

8-29 inclusive, or another provision of law.

8-30 Sec. 10. Chapter 179D of NRS is hereby amended by adding thereto

8-31 the provisions set forth as sections 11 to 19, inclusive, of this act.

8-32 Sec. 11. "Nonconsensual" means against the victim’s will or under

8-33 conditions in which a person knows or reasonably should know that the

8-34 victim is mentally or physically incapable of resisting, consenting or

8-35 understanding the nature of the person’s conduct.

8-36 Sec. 12. "Primary address" means the address at which:

8-37 1. A student primarily attends any course of academic or vocational

8-38 instruction within this state.

8-39 2. A worker primarily engages in any type of occupation,

8-40 employment, work or volunteer service within this state.

8-41 Sec. 13. "Sexual penetration" means cunnilingus, fellatio or any

8-42 intrusion, however slight, of any part of the victim’s body or any object

8-43 manipulated or inserted by a person into the genital or anal openings of

9-1 the body of the victim. The term includes, but is not limited to, anal

9-2 intercourse and sexual intercourse in what would be its ordinary

9-3 meaning.

9-4 Sec. 14. "Student" means a person who is enrolled in and attends,

9-5 on a full-time or part-time basis within this state, any course of academic

9-6 or vocational instruction conducted by a public or private educational

9-7 institution or school, including, but not limited to, any of the following

9-8 institutions or schools:

9-9 1. A university, college or community college which is privately

9-10 owned or which is part of the University and Community College System

9-11 of Nevada.

9-12 2. A postsecondary educational institution, as defined in NRS

9-13 394.099, or any other institution of higher education.

9-14 3. A trade school or vocational school.

9-15 4. A public school, as defined in NRS 385.007, or a private school, as

9-16 defined in NRS 394.103.

9-17 Sec. 15. 1. "Worker" means a person who engages in or who

9-18 knows or reasonably should know that he will engage in any type of

9-19 occupation, employment, work or volunteer service on a full-time or part-

9-20 time basis within this state for:

9-21 (a) Any period exceeding 14 days; or

9-22 (b) More than 30 days, in the aggregate, during any calendar
9-23 year,

9-24 whether or not the person engages in or will engage in the occupation,

9-25 employment, work or volunteer service for compensation or for the

9-26 purposes of a governmental or educational benefit.

9-27 2. The term includes, but is not limited to:

9-28 (a) A person who is self-employed.

9-29 (b) An employee or independent contractor.

9-30 (c) A paid or unpaid intern, extern, aide, assistant or volunteer.

9-31 Sec. 16. "Nonresident offender who is a student or worker within

9-32 this state" and "nonresident offender" mean an offender convicted of a

9-33 crime against a child who is a student or worker within this state but who

9-34 is not otherwise deemed a resident offender pursuant to subsection 2 or 3

9-35 of NRS 179D.240.

9-36 Sec. 17. "Offender convicted of a crime against a child" means a

9-37 person who, after July 1, 1956, is or has been convicted of a crime

9-38 against a child that is listed in NRS 179D.210. The term includes, but is

9-39 not limited to, a nonresident offender who is a student or worker within

9-40 this state.

9-41 Sec. 18. "Nonresident sex offender who is a student or worker

9-42 within this state" and "nonresident sex offender" mean a sex offender

9-43 who is a student or worker within this state but who is not otherwise

10-1 deemed a resident sex offender pursuant to subsection 2 or 3 of NRS

10-2 179D.460.

10-3 Sec. 19. "Nonresident sex offender who is a student or worker

10-4 within this state" and "nonresident sex offender" mean a sex offender

10-5 who is a student or worker within this state but who is not otherwise

10-6 deemed a resident sex offender pursuant to subsection 2 or 3 of NRS

10-7 179D.460.

10-8 Sec. 20. NRS 179D.010 is hereby amended to read as follows:

10-9 179D.010 As used in this chapter, unless the context otherwise

10-10 requires, the words and terms defined in NRS 179D.020 to 179D.090,

10-11 inclusive, and sections 11 to 15, inclusive, of this act have the meanings

10-12 ascribed to them in those sections.

10-13 Sec. 21. NRS 179D.150 is hereby amended to read as follows:

10-14 179D.150 Except as otherwise provided in NRS 179D.530, a record of

10-15 registration must include, if the information is available:

10-16 1. Information identifying the offender, including, but not limited to:

10-17 (a) The name of the offender and all aliases that he has used or under

10-18 which he has been known;

10-19 (b) A complete physical description of the offender, a current

10-20 photograph of the offender and the fingerprints of the offender;

10-21 (c) The date of birth and the social security number of the offender;

10-22 (d) The identification number from a driver’s license or an identification

10-23 card issued to the offender by this state or any other jurisdiction; and

10-24 (e) Any other information that identifies the offender.

10-25 2. Information concerning the residence of the offender, including, but

10-26 not limited to:

10-27 (a) The address at which the offender resides;

10-28 (b) The length of time he has resided at that address and the length of

10-29 time he expects to reside at that address;

10-30 (c) The address or location of any other place where he expects to reside

10-31 in the future and the length of time he expects to reside there; and

10-32 (d) The length of time he expects to remain in the county where he

10-33 resides and in this state.

10-34 3. Information concerning the offender’s occupations, employment or

10-35 work or expected occupations, employment [~~of the offender,]~~ or work,

10-36 including, but not limited to, the name, address and type of business of all

10-37 current and expected future employers of the offender.

10-38 4. Information concerning the offender’s volunteer service or

10-39 expected volunteer service in connection with any activity or organization

10-40 within this state, including, but not limited to, the name, address and type

10-41 of each such activity or organization.

10-42 5. Information concerning the offender’s enrollment or expected

10-43 enrollment as a student in any public or private educational institution or

11-1 school within this state, including, but not limited to, the name, address

11-2 and type of each such educational institution or school.

11-3 6. The license number and a description of all motor vehicles

11-4 registered to or frequently driven by the offender.

11-5 [~~5.]~~ 7. The level of community notification assigned to the offender.

11-6 [~~6.]~~ 8. The following information for each offense for which the

11-7 offender has been convicted:

11-8 (a) The court in which he was convicted;

11-9 (b) The name under which he was convicted;

11-10 (c) The name and location of each [~~hospital or]~~ penal institution ,

11-11 school, hospital, mental facility or other institution to which he was

11-12 committed;

11-13 (d) The specific location where the offense was committed;

11-14 (e) The age, the gender, the race and a general physical description of

11-15 the victim; and

11-16 (f) The method of operation that was used to commit the offense,

11-17 including, but not limited to:

11-18 (1) Specific sexual acts committed against the victim;

11-19 (2) The method of obtaining access to the victim, such as the use of

11-20 enticements, threats, forced entry or violence against the victim;

11-21 (3) The type of injuries inflicted on the victim;

11-22 (4) The types of instruments, weapons or objects used;

11-23 (5) The type of property taken; and

11-24 (6) Any other distinctive characteristic of the behavior or personality

11-25 of the offender.

11-26 Sec. 22. NRS 179D.200 is hereby amended to read as follows:

11-27 179D.200 As used in NRS 179D.200 to 179D.290, inclusive, and

11-28 sections 16 and 17 of this act, unless the context otherwise requires, the

11-29 words and terms defined in NRS 179D.210 and 179.220 and sections 16

11-30 and 17 of this act have the meanings ascribed to them in those sections.

11-31 Sec. 23. NRS 179D.230 is hereby amended to read as follows:

11-32 179D.230 1. If the division receives notice from a court pursuant to

11-33 NRS 176.0926 that an offender has been convicted of a crime against a

11-34 child, the division shall:

11-35 (a) If a record of registration has not previously been established for the

11-36 offender by the division, establish a record of registration for the offender

11-37 and [~~provide a copy of]~~ forward the record of registration to the central

11-38 repository; or

11-39 (b) If a record of registration has previously been established for the

11-40 offender by the division, update the record of registration for the offender

11-41 and [~~provide a copy of]~~ forward the record of registration to the central

11-42 repository.

12-1 2. If the offender named in the notice [~~will be]~~ is granted probation or

12-2 otherwise will not be incarcerated or confined, the central repository shall

12-3 immediately provide [~~a copy of the record of registration for]~~ notification

12-4 concerning the offender to the appropriate local law enforcement [~~agency~~

12-5 ~~in whose jurisdiction the offender resides or,]~~ agencies and, if the offender

12-6 resides in a jurisdiction which is outside of this state , [~~and which requires~~

12-7 ~~registration,]~~ to the appropriate law enforcement agency in that jurisdiction.

12-8 3. If the offender named in the notice is incarcerated or confined,

12-9 before the offender is released:

12-10 (a) The division shall:

12-11 (1) Inform the offender of the requirements for registration, including,

12-12 but not limited to:

12-13 (I) The duty to register in this state [~~and , if]~~ during any period in

12-14 which he is a resident of this state or a nonresident who is a student or

12-15 worker within this state;

12-16 (II) The duty to register in any other jurisdiction during any

12-17 period in which he is a resident of the other jurisdiction or a nonresident

12-18 who is a student or worker within the other jurisdiction;

12-19 (III) If he moves from this state to another jurisdiction, the duty to

12-20 register with the appropriate law enforcement agency in the other

12-21 jurisdiction [~~if the other jurisdiction requires registration; and~~

12-22 ~~(II)]~~ ; and

12-23 (IV) The duty to notify the division, in writing, if he changes the

12-24 address at which he resides, including if he moves from this state to another

12-25 jurisdiction [;] , or changes the primary address at which he is a student

12-26 or worker;

12-27 (2) Require the offender to read and sign a form confirming that the

12-28 requirements for registration have been explained to him; and

12-29 (3) Update the record of registration for the offender and [~~provide a~~

12-30 ~~copy of]~~ forward the record of registration to the central repository; and

12-31 (b) The central repository shall provide [~~a copy of the record of~~

12-32 ~~registration for]~~ notification concerning the offender to the appropriate

12-33 local law enforcement [~~agency in whose jurisdiction the offender will~~

12-34 ~~reside upon release or,]~~ agencies and, if the offender will reside upon

12-35 release in a jurisdiction which is outside of this state , [~~and which requires~~

12-36 ~~registration,]~~ to the appropriate law enforcement agency in that jurisdiction.

12-37 4. If requested by the division, the department of prisons or a local law

12-38 enforcement agency in whose facility the offender is incarcerated shall

12-39 provide the offender with the information and the confirmation form

12-40 required by paragraph (a) of subsection 3.

12-41 5. The failure to provide an offender with the information or

12-42 confirmation form required by paragraph (a) of subsection 3 does not affect

13-1 the duty of the offender to register and to comply with all other provisions

13-2 for registration.

13-3 6. If the central repository receives notice from another jurisdiction or

13-4 the Federal Bureau of Investigation that an offender convicted of a crime

13-5 against a child is now residing or is a student or worker within this state:

13-6 (a) The central repository shall immediately [~~notify]~~ provide

13-7 notification concerning the offender to the division and to the appropriate

13-8 local law enforcement [~~agency in whose jurisdiction the offender resides;]~~

13-9 agencies; and

13-10 (b) The division shall establish a record of registration for the offender

13-11 and [~~provide a copy of]~~ forward the record of registration to the central

13-12 repository . [~~; and~~

13-13 ~~(c) The central repository shall provide a copy of the record of~~

13-14 ~~registration for the offender to the local law enforcement agency in whose~~

13-15 ~~jurisdiction the offender resides.]~~

13-16 Sec. 24. NRS 179D.240 is hereby amended to read as follows:

13-17 179D.240 1. In addition to any other registration that is required

13-18 pursuant to NRS 179D.230, each offender who, after July 1, 1956, is or has

13-19 been convicted of a crime against a child shall register with a local law

13-20 enforcement agency and with the division pursuant to the provisions of this

13-21 section.

13-22 2. Except as otherwise provided in subsection 3, if the offender resides

13-23 or is present for 48 hours or more within:

13-24 (a) A county; or

13-25 (b) An incorporated city that does not have a city police
13-26 department,

13-27 the offender shall be deemed a resident offender and shall register with

13-28 the sheriff’s office of the county or, if the county or the city is within the

13-29 jurisdiction of a metropolitan police department, the metropolitan police

13-30 department, not later than 48 hours after arriving or establishing a residence

13-31 within the county or the city.

13-32 3. If the offender resides or is present for 48 hours or more within an

13-33 incorporated city that has a city police department, the offender shall be

13-34 deemed a resident offender and shall register with the city police

13-35 department not later than 48 hours after arriving or establishing a residence

13-36 within the city.

13-37 4. If the offender is a nonresident offender who is a student or

13-38 worker within this state, the offender shall register with the appropriate

13-39 sheriff’s office, metropolitan police department or city police department

13-40 in whose jurisdiction he is a student or worker not later than 48 hours

13-41 after becoming a student or worker within this state.

13-42 5. To register with a local law enforcement agency pursuant to this

13-43 section, the offender shall:

14-1 (a) Appear personally at the office of the appropriate local law

14-2 enforcement agency;

14-3 (b) Provide all information that is requested by the local law

14-4 enforcement agency, including, but not limited to, fingerprints and a

14-5 photograph; and

14-6 (c) Sign and date the record of registration or some other proof of

14-7 registration in the presence of an officer of the local law enforcement

14-8 agency.

14-9 [~~5.]~~ 6. When an offender registers, the local law enforcement agency

14-10 shall [~~inform]~~ :

14-11 (a) Inform the offender of the duty to register with the division if the

14-12 offender has not previously done so, and the duty to notify the division [of

14-13 ~~a change of address and shall provide]~~ if the offender changes the address

14-14 at which he resides, including if he moves from this state to another

14-15 jurisdiction, or changes the primary address at which he is a student or

14-16 worker; and

14-17 (b) Provide the offender with the appropriate address of the office of

14-18 the division [.

14-19 ~~6.]~~ at which the offender must register and provide notification of each

14-20 such change of address.

14-21 7. After the offender registers [,] with the local law enforcement

14-22 agency :

14-23 (a) The local law enforcement agency shall notify the division of the

14-24 registration.

14-25 (b) If the offender has not previously registered with the division, the

14-26 offender shall, not later than 48 hours after registering with the local law

14-27 enforcement agency:

14-28 (1) Appear personally at the appropriate office of the division;

14-29 (2) Provide all information that is requested by the division,

14-30 including, but not limited to, fingerprints and a photograph; and

14-31 (3) Sign and date the record of registration in the presence of an

14-32 officer or employee of the division.

14-33 8. If the division has not previously established a record of registration

14-34 for [~~the offender:]~~ an offender described in subsection 7:

14-35 (a) The division shall establish a record of registration for the offender

14-36 and [~~provide a copy of]~~ forward the record of registration to the central

14-37 repository; and

14-38 (b) The central repository shall provide [~~a copy of the record of~~

14-39 ~~registration for]~~ notification concerning the offender to the appropriate

14-40 local law enforcement [~~agency in whose jurisdiction the offender resides.]~~

14-41 agencies.

15-1 Sec. 25. NRS 179D.250 is hereby amended to read as follows:

15-2 179D.250 1. If an offender convicted of a crime against a child

15-3 changes the address at which he resides, including moving from this state to

15-4 another jurisdiction, or changes the primary address at which he is a

15-5 student or worker, not later than 48 hours after changing [~~his]~~ such an

15-6 address, the offender shall provide [~~his]~~ the new address, in writing, to the

15-7 division and shall provide all other information that is relevant to updating

15-8 his record of registration, including, but not limited to, any change in his

15-9 name, occupation, employment , work, volunteer service or driver’s

15-10 license and any change in the license number or description of a motor

15-11 vehicle registered to or frequently driven by him.

15-12 2. Upon receiving a change of address from an offender, the division

15-13 shall immediately [~~provide]~~ forward the new address and any updated

15-14 information to the central repository and:

15-15 (a) If the offender [~~is still residing]~~ has changed an address within this

15-16 state, the central repository shall immediately provide [~~a copy of the record~~

15-17 ~~of registration for]~~ notification concerning the offender to the local law

15-18 enforcement agency in whose jurisdiction the offender is now residing or is

15-19 a student or worker and shall notify the local law enforcement agency in

15-20 whose jurisdiction the offender last resided [;] or was a student or worker;

15-21 or

15-22 (b) If the offender [~~moved]~~ has changed an address from this state to

15-23 another jurisdiction , [~~that requires registration,]~~ the central repository shall

15-24 immediately provide [~~a copy of the record of registration]~~ notification

15-25 concerning the offender to the appropriate law enforcement agency in the

15-26 other jurisdiction and shall notify the local law enforcement agency in

15-27 whose jurisdiction the offender last resided [.] or was a student or worker.

15-28 Sec. 26. NRS 179D.260 is hereby amended to read as follows:

15-29 179D.260 1. Except as otherwise provided in subsection 4, each

15-30 year, on the anniversary of the date that the division establishes a record of

15-31 registration for the offender, the central repository shall mail to the

15-32 offender, at the address last registered by the offender, a nonforwardable

15-33 verification form. The offender shall complete and sign the form and mail

15-34 the form to the central repository not later than 10 days after receipt of the

15-35 form to verify that he still resides at the address he last registered.

15-36 2. An offender shall include with each verification form a current set of

15-37 fingerprints, a current photograph and all other information that is relevant

15-38 to updating his record of registration, including, but not limited to, any

15-39 change in his name, occupation, employment , work, volunteer service or

15-40 driver’s license and any change in the license number or description of a

15-41 motor vehicle registered to or frequently driven by him. The central

15-42 repository shall provide all updated information to the division and to the

16-1 appropriate local law enforcement [~~agency in whose jurisdiction the~~

16-2 ~~offender resides.]~~ agencies.

16-3 3. If the central repository does not receive a verification form from an

16-4 offender and otherwise cannot verify the address or location of the

16-5 offender, the central repository shall immediately notify the division and

16-6 the appropriate local law enforcement [~~agency in whose jurisdiction the~~

16-7 ~~offender last resided.]~~ agencies.

16-8 4. The central repository is not required to complete the mailing

16-9 pursuant to subsection 1 [~~if the]~~ :

16-10 (a) During any period in which an offender is incarcerated or confined

16-11 or has [~~moved]~~ changed his place of residence from this state to another

16-12 jurisdiction [.] ; or

16-13 (b) For a nonresident offender who is a student or worker within this

16-14 state.

16-15 Sec. 27. NRS 179D.270 is hereby amended to read as follows:

16-16 179D.270 1. An offender convicted of a crime against a child shall

16-17 comply with the provisions for registration for as long as the offender

16-18 resides or is present within this state [,] or is a nonresident offender who is

16-19 a student or worker within this state, unless the duty of the offender to

16-20 register is terminated pursuant to the provisions of this section.

16-21 2. Except as otherwise provided in subsection 5, if an offender

16-22 complies with the provisions for registration for an interval of at least 15

16-23 consecutive years during which he is not convicted of an offense that poses

16-24 a threat to the safety or well-being of others, the offender may file a

16-25 petition to terminate his duty to register with the district court in whose

16-26 jurisdiction he resides [~~a petition to terminate his duty to register.]~~ or, if he

16-27 is a nonresident offender, in whose jurisdiction he is a student or worker.

16-28 For the purposes of this subsection, registration begins on the date that the

16-29 division establishes a record of registration for the offender or the date that

16-30 the offender is released, whichever occurs later.

16-31 3. If the offender satisfies the requirements of subsection 2, the court

16-32 shall hold a hearing on the petition at which the offender and any other

16-33 interested person may present witnesses and other evidence. If the court

16-34 determines from the evidence presented at the hearing that the offender is

16-35 not likely to pose a threat to the safety of others, the court shall terminate

16-36 the duty of the offender to register.

16-37 4. If the court does not terminate the duty of the offender to register

16-38 after a petition is heard pursuant to subsections 2 and 3, the offender may

16-39 file another petition after each succeeding interval of 5 consecutive years if

16-40 the offender is not convicted of an offense that poses a threat to the safety

16-41 or well-being of others.

16-42 5. An offender may not file a petition to terminate his duty to register

16-43 pursuant to this section if the offender:

17-1 (a) [~~Has been convicted of more than one crime against a child; or~~

17-2 ~~(b)]~~ Is subject to [~~the provisions for registration]~~ community notification

17-3 or to lifetime supervision pursuant to NRS 176.0931 as a sex offender

17-4 [~~pursuant to NRS 179D.350 to 179D.550, inclusive.]~~ ;

17-5 (b) Has been declared to be a sexually violent predator, as defined in

17-6 NRS 179D.430; or

17-7 (c) Has been convicted of:

17-8 (1) One or more sexually violent offenses, as defined in NRS

17-9 179D.420;

17-10 (2) Two or more sexual offenses, as defined in NRS 179D.410,

17-11 against persons less than 18 years of age;

17-12 (3) Two or more crimes against a child; or

17-13 (4) At least one of each offense listed in subparagraphs (2) and (3).

17-14 Sec. 28. NRS 179D.290 is hereby amended to read as follows:

17-15 179D.290 An offender convicted of a crime against a child who:

17-16 1. Fails to register [;] with a local law enforcement agency or with the

17-17 division;

17-18 2. Fails to notify the division of a change of address;

17-19 3. Provides false or misleading information to the division, the central

17-20 repository or a local law enforcement agency; or

17-21 4. Otherwise violates the provisions of NRS 179D.200 to 179D.290,

17-22 inclusive,

17-23 is guilty of a category D felony and shall be punished as provided in NRS

17-24 193.130.

17-25 Sec. 29. NRS 179D.350 is hereby amended to read as follows:

17-26 179D.350 As used in NRS 179D.350 to 179D.550, inclusive, and

17-27 section 18 of this act, unless the context otherwise requires, the words and

17-28 terms defined in NRS 179D.360 to 179D.430, inclusive, and section 18 of

17-29 this act have the meanings ascribed to them in those sections.

17-30 Sec. 30. NRS 179D.400 is hereby amended to read as follows:

17-31 179D.400 1. "Sex offender" means a person who, after July 1, 1956,

17-32 is or has been [~~convicted]~~ :

17-33 (a) Convicted of a sexual offense listed in NRS 179D.410 [.] ; or

17-34 (b) Adjudicated delinquent or found guilty by a court having

17-35 jurisdiction over juveniles of a sexual offense listed in subsection 19 of

17-36 NRS 179D.410.

17-37 2. The term includes, but is not limited to [~~, a]~~ :

17-38 (a) A sexually violent predator.

17-39 (b) A nonresident sex offender who is a student or worker within this

17-40 state.

17-41 Sec. 31. NRS 179D.410 is hereby amended to read as follows:

17-42 179D.410 "Sexual offense" means [:] any of the following offenses:

18-1 1. Murder of the first degree committed in the perpetration or

18-2 attempted perpetration of sexual assault or of sexual abuse or sexual

18-3 molestation of a child less than 14 years of age pursuant to paragraph (b) of

18-4 subsection 1 of NRS 200.030 . [;]

18-5 2. Sexual assault pursuant to NRS 200.366 . [;]

18-6 3. Statutory sexual seduction pursuant to NRS 200.368 . [;]

18-7 4. Battery with intent to commit sexual assault pursuant to NRS

18-8 200.400 . [;]

18-9 5. An offense involving the administration of a drug to another

18-10 person with the intent to enable or assist the commission of a felony

18-11 pursuant to NRS 200.405, if the felony is an offense listed in this section.

18-12 6. An offense involving the administration of a controlled substance

18-13 to another person with the intent to enable or assist the commission of a

18-14 crime of violence pursuant to NRS 200.408, if the crime of violence is an

18-15 offense listed in this section.

18-16 7. Abuse of a child pursuant NRS 200.508, if the abuse involved

18-17 sexual abuse or sexual exploitation . [;

18-18 ~~6.]~~ 8. An offense involving pornography and a minor pursuant to NRS

18-19 200.710 to 200.730, inclusive . [;

18-20 ~~7.]~~ 9. Incest pursuant to NRS 201.180 . [;

18-21 ~~8.]~~ 10. Solicitation of a minor to engage in acts constituting the

18-22 infamous crime against nature pursuant to NRS 201.195 . [;

18-23 ~~9.]~~ 11. Open or gross lewdness pursuant to NRS 201.210 . [;

18-24 ~~10.]~~ 12. Indecent or obscene exposure pursuant to NRS 201.220 . [;

18-25 ~~11.]~~ 13. Lewdness with a child pursuant to NRS 201.230 . [;

18-26 ~~12.]~~ 14. Sexual penetration of a dead human body pursuant to NRS

18-27 201.450 . [;

18-28 ~~13.]~~ 15. Annoyance or molestation of a minor pursuant to NRS

18-29 207.260 . [;

18-30 ~~14.]~~ 16. An attempt to commit an offense listed in subsections 1 to [~~13,~~

18-31 ~~inclusive;~~

18-32 ~~15.]~~ 15, inclusive.

18-33 17. An offense that is determined to be sexually motivated pursuant to

18-34 NRS 175.547 or 207.193 . [~~; or~~

18-35 ~~16.]~~ 18. An offense committed in another jurisdiction that, if

18-36 committed in this state, would be an offense listed in this section. This

18-37 subsection includes, but is not limited to, an offense prosecuted in:

18-38 (a) A tribal court.

18-39 (b) A court of the United States or the Armed Forces of the United

18-40 States.

18-41 19. An offense of a sexual nature committed in another jurisdiction,

18-42 whether or not the offense would be an offense listed in this section, if

18-43 the person who committed the offense resides or has resided or is or has

19-1 been a student or worker in any jurisdiction in which the person is or has

19-2 been required by the laws of that jurisdiction to register as a sex offender

19-3 because of the offense. This subsection includes, but is not limited to, an

19-4 offense prosecuted in:

19-5 (a) A tribal court.

19-6 (b) A court of the United States or the Armed Forces of the United

19-7 States.

19-8 (c) A court having jurisdiction over juveniles.

19-9 Sec. 32. NRS 179D.420 is hereby amended to read as follows:

19-10 179D.420 "Sexually violent offense" means [:] any of the following

19-11 offenses:

19-12 1. Murder of the first degree committed in the perpetration or

19-13 attempted perpetration of sexual assault or of sexual abuse or sexual

19-14 molestation of a child less than 14 years of age pursuant to paragraph (b) of

19-15 subsection 1 of NRS 200.030 . [;]

19-16 2. Sexual assault pursuant to NRS 200.366 . [;]

19-17 3. Battery with intent to commit sexual assault pursuant to NRS

19-18 200.400 . [;]

19-19 4. An offense involving pornography and a minor pursuant to NRS

19-20 200.710.

19-21 5. An attempt to commit an offense listed in [~~subsection 1, 2 or 3;~~

19-22 ~~5.]~~ subsections 1 to 4, inclusive.

19-23 6. An offense that is determined to be sexually motivated pursuant to

19-24 NRS 175.547 . [~~; or~~

19-25 ~~6.]~~ 7. An offense committed in another jurisdiction that, if committed

19-26 in this state, would be an offense listed in this section. This subsection

19-27 includes, but is not limited to, an offense prosecuted in:

19-28 (a) A tribal court.

19-29 (b) A court of the United States or the Armed Forces of the United

19-30 States.

19-31 8. Any other offense listed in NRS 179D.410 if, during the

19-32 commission of the offense, the offender engaged in or attempted to

19-33 engage in:

19-34 (a) Sexual penetration of a child less than 12 years of age; or

19-35 (b) Nonconsensual sexual penetration of any other person.

19-36 Sec. 33. NRS 179D.430 is hereby amended to read as follows:

19-37 179D.430 "Sexually violent predator" means [a] :

19-38 1. A person who:

19-39 [~~1.]~~ (a) Has been convicted of a sexually violent offense;

19-40 [~~2.]~~ (b) Suffers from a mental disorder or personality disorder; and

19-41 [~~3.]~~ (c) Has been declared to be a sexually violent predator pursuant to

19-42 NRS 179D.510 [.] ; or

20-1 2. A person who has been declared to be a sexually violent predator

20-2 pursuant to the laws of another jurisdiction.

20-3 Sec. 34. NRS 179D.450 is hereby amended to read as follows:

20-4 179D.450 1. If the division receives notice from a court pursuant to

20-5 NRS 176.0927 that a sex offender has been convicted of a sexual offense or

20-6 pursuant to NRS 62.590 that a juvenile sex offender has been deemed to be

20-7 an adult sex offender, the division shall:

20-8 (a) If a record of registration has not previously been established for the

20-9 sex offender by the division, establish a record of registration for the sex

20-10 offender and [~~provide a copy of]~~ forward the record of registration to the

20-11 central repository; or

20-12 (b) If a record of registration has previously been established for the sex

20-13 offender by the division, update the record of registration for the sex

20-14 offender and [~~provide a copy of]~~ forward the record of registration to the

20-15 central repository.

20-16 2. If the sex offender named in the notice [~~will be]~~ is granted probation

20-17 or otherwise will not be incarcerated or confined or if the sex offender

20-18 named in the notice has been deemed to be an adult sex offender pursuant

20-19 to NRS 62.590 and is not otherwise incarcerated or confined:

20-20 (a) The central repository shall immediately provide [~~a copy of the~~

20-21 ~~record of registration for]~~ notification concerning the sex offender to the

20-22 appropriate local law enforcement [~~agency in whose jurisdiction the sex~~

20-23 ~~offender resides or,]~~ agencies and, if the sex offender resides in a

20-24 jurisdiction which is outside of this state , [~~and which requires registration,]~~

20-25 to the appropriate law enforcement agency in that jurisdiction; and

20-26 (b) If the sex offender is subject to community notification, the division

20-27 shall arrange for the assessment of the risk of recidivism of the sex offender

20-28 pursuant to the guidelines and procedures for community notification

20-29 established by the attorney general pursuant to NRS 179D.600 to

20-30 179D.800, inclusive.

20-31 3. If the sex offender named in the notice is incarcerated or confined,

20-32 before the sex offender is released:

20-33 (a) The division shall:

20-34 (1) Inform the sex offender of the requirements for registration,

20-35 including, but not limited to:

20-36 (I) The duty to register in this state [~~and, if]~~ during any period in

20-37 which he is a resident of this state or a nonresident who is a student or

20-38 worker within this state;

20-39 (II) The duty to register in any other jurisdiction during any

20-40 period in which he is a resident of the other jurisdiction or a nonresident

20-41 who is a student or worker within the other jurisdiction;

21-1 (III) If he moves from this state to another jurisdiction, the duty to

21-2 register with the appropriate law enforcement agency in the other

21-3 jurisdiction [~~if the other jurisdiction requires registration;~~

21-4 ~~(II)]~~ ; and

21-5 (IV) The duty to notify the division, in writing, if he changes the

21-6 address at which he resides, including if he moves from this state to another

21-7 jurisdiction [;] , or changes the primary address at which he is a student

21-8 or worker;

21-9 (2) Require the sex offender to read and sign a form confirming that

21-10 the requirements for registration have been explained to him;

21-11 (3) Update the record of registration for the sex offender and [~~provide~~

21-12 ~~a copy of]~~ forward the record of registration to the central repository; and

21-13 (4) If the sex offender is subject to community notification, arrange

21-14 for the assessment of the risk of recidivism of the sex offender pursuant to

21-15 the guidelines and procedures for community notification established by the

21-16 attorney general pursuant to NRS 179D.600 to 179D.800, inclusive; and

21-17 (b) The central repository shall provide [~~a copy of the record of~~

21-18 ~~registration for]~~ notification concerning the sex offender to the

21-19 appropriate local law enforcement [~~agency in whose jurisdiction the sex~~

21-20 ~~offender will reside upon release or,]~~ agencies and, if the sex offender will

21-21 reside upon release in a jurisdiction which is outside of this state , [~~and~~

21-22 ~~which requires registration,]~~ to the appropriate law enforcement agency in

21-23 that jurisdiction.

21-24 4. If requested by the division, the department of prisons or a local law

21-25 enforcement agency in whose facility the sex offender is incarcerated shall

21-26 provide the sex offender with the information and the confirmation form

21-27 required by paragraph (a) of subsection 3.

21-28 5. The failure to provide a sex offender with the information or

21-29 confirmation form required by paragraph (a) of subsection 3 does not affect

21-30 the duty of the sex offender to register and to comply with all other

21-31 provisions for registration.

21-32 6. If the central repository receives notice from another jurisdiction or

21-33 the Federal Bureau of Investigation that a sex offender is now residing or is

21-34 a student or worker within this state:

21-35 (a) The central repository shall immediately [~~notify]~~ provide

21-36 notification concerning the sex offender to the division and to the

21-37 appropriate local law enforcement [~~agency in whose jurisdiction the sex~~

21-38 ~~offender resides;]~~ agencies;

21-39 (b) The division shall establish a record of registration for the sex

21-40 offender and [~~provide a copy of]~~ forward the record of registration to the

21-41 central repository; and

22-1 (c) [~~The central repository shall provide a copy of the record of~~

22-2 ~~registration for the sex offender to the local law enforcement agency in~~

22-3 ~~whose jurisdiction the sex offender resides; and~~

22-4 ~~(d)]~~ If the sex offender is subject to community notification, the division

22-5 shall arrange for the assessment of the risk of recidivism of the sex offender

22-6 pursuant to the guidelines and procedures for community notification

22-7 established by the attorney general pursuant to NRS 179D.600 to

22-8 179D.800, inclusive.

22-9 Sec. 35. NRS 179D.460 is hereby amended to read as follows:

22-10 179D.460 1. In addition to any other registration that is required

22-11 pursuant to NRS 179D.450, each sex offender who, after July 1, 1956, is or

22-12 has been convicted of a sexual offense shall register with a local law

22-13 enforcement agency and with the division pursuant to the provisions of this

22-14 section.

22-15 2. Except as otherwise provided in subsection 3, if the sex offender

22-16 resides or is present for 48 hours or more within:

22-17 (a) A county; or

22-18 (b) An incorporated city that does not have a city police department,

22-19 the sex offender shall be deemed a resident sex offender and shall register

22-20 with the sheriff’s office of the county or, if the county or the city is within

22-21 the jurisdiction of a metropolitan police department, the metropolitan

22-22 police department, not later than 48 hours after arriving or establishing a

22-23 residence within the county or the city.

22-24 3. If the sex offender resides or is present for 48 hours or more within

22-25 an incorporated city that has a city police department, the sex offender shall

22-26 be deemed a resident sex offender and shall register with the city police

22-27 department not later than 48 hours after arriving or establishing a residence

22-28 within the city.

22-29 4. If the sex offender is a nonresident sex offender who is a student

22-30 or worker within this state, the sex offender shall register with the

22-31 appropriate sheriff’s office, metropolitan police department or city police

22-32 department in whose jurisdiction he is a student or worker not later than

22-33 48 hours after becoming a student or worker within this state.

22-34 5. To register with a local law enforcement agency pursuant to this

22-35 section, the sex offender shall:

22-36 (a) Appear personally at the office of the appropriate local law

22-37 enforcement agency;

22-38 (b) Provide all information that is requested by the local law

22-39 enforcement agency, including, but not limited to, fingerprints and a

22-40 photograph; and

22-41 (c) Sign and date the record of registration or some other proof of

22-42 registration in the presence of an officer of the local law enforcement

22-43 agency.

23-1 [~~5.]~~ 6. When a sex offender registers, the local law enforcement agency

23-2 shall [~~inform]~~ :

23-3 (a) Inform the sex offender of the duty to register with the division if

23-4 the sex offender has not previously done so, and the duty to notify the

23-5 division [~~of a change of address and shall provide]~~ if the sex offender

23-6 changes the address at which he resides, including if he moves from this

23-7 state to another jurisdiction, or changes the primary address at which he

23-8 is a student or worker; and

23-9 (b) Provide the sex offender with the appropriate address of the office

23-10 of the division [.

23-11 ~~6.]~~ at which the sex offender must register and provide notification of

23-12 each such change of address.

23-13 7. After the sex offender registers [,] with the local law enforcement

23-14 agency :

23-15 (a) The local law enforcement agency shall notify the division of the

23-16 registration.

23-17 (b) If the sex offender has not previously registered with the division,

23-18 the sex offender shall, not later than 48 hours after registering with the

23-19 local law enforcement agency:

23-20 (1) Appear personally at the appropriate office of the division;

23-21 (2) Provide all information that is requested by the division,

23-22 including, but not limited to, fingerprints and a photograph; and

23-23 (3) Sign and date the record of registration in the presence of an

23-24 officer or employee of the division.

23-25 8. If the division has not previously established a record of registration

23-26 for [~~the sex offender:]~~ a sex offender described in subsection 7:

23-27 (a) The division shall establish a record of registration for the sex

23-28 offender and [~~provide a copy of]~~ forward the record of registration to the

23-29 central repository;

23-30 (b) The central repository shall provide [~~a copy of the record of~~

23-31 ~~registration for]~~ notification concerning the sex offender to the

23-32 appropriate local law enforcement [~~agency in whose jurisdiction the sex~~

23-33 ~~offender resides;]~~ agencies; and

23-34 (c) If the sex offender is subject to community notification and has not

23-35 otherwise been assigned a level of notification, the division shall arrange

23-36 for the assessment of the risk of recidivism of the sex offender pursuant to

23-37 the guidelines and procedures for community notification established by the

23-38 attorney general pursuant to NRS 179D.600 to 179D.800, inclusive.

23-39 Sec. 36. NRS 179D.470 is hereby amended to read as follows:

23-40 179D.470 1. If a sex offender changes the address at which he

23-41 resides, including moving from this state to another jurisdiction, or

23-42 changes the primary address at which he is a student or worker, not later

23-43 than 48 hours after changing [~~his]~~ such an address, the sex offender shall

24-1 provide [~~his]~~ the new address, in writing, to the division and shall provide

24-2 all other information that is relevant to updating his record of registration,

24-3 including, but not limited to, any change in his name, occupation,

24-4 employment , work, volunteer service or driver’s license and any change in

24-5 the license number or description of a motor vehicle registered to or

24-6 frequently driven by him.

24-7 2. Upon receiving a change of address from a sex offender, the division

24-8 shall immediately [~~provide]~~ forward the new address and any updated

24-9 information to the central repository and:

24-10 (a) If the sex offender [~~is still residing]~~ has changed an address within

24-11 this state, the central repository shall immediately provide [~~a copy of the~~

24-12 ~~record of registration for]~~ notification concerning the sex offender to the

24-13 local law enforcement agency in whose jurisdiction the sex offender is now

24-14 residing or is a student or worker and shall notify the local law

24-15 enforcement agency in whose jurisdiction the sex offender last resided [;]

24-16 or was a student or worker; or

24-17 (b) If the sex offender [~~moved]~~ has changed an address from this state

24-18 to another jurisdiction , [~~that requires registration,]~~ the central repository

24-19 shall immediately provide [~~a copy of the record of registration]~~ notification

24-20 concerning the sex offender to the appropriate law enforcement agency in

24-21 the other jurisdiction and shall notify the local law enforcement agency in

24-22 whose jurisdiction the sex offender last resided [.] or was a student or

24-23 worker.

24-24 Sec. 37. NRS 179D.480 is hereby amended to read as follows:

24-25 179D.480 1. Except as otherwise provided in subsections 2 and 5,

24-26 each year, on the anniversary of the date that the division establishes a

24-27 record of registration for the sex offender, the central repository shall mail

24-28 to the sex offender, at the address last registered by the sex offender, a

24-29 nonforwardable verification form. The sex offender shall complete and sign

24-30 the form and mail the form to the central repository not later than 10 days

24-31 after receipt of the form to verify that he still resides at the address he last

24-32 registered.

24-33 2. Except as otherwise provided in subsection 5, if a sex offender has

24-34 been declared to be a sexually violent predator, every 90 days, beginning

24-35 on the date that the division establishes a record of registration for the sex

24-36 offender , [~~is released,]~~ the central repository shall mail to the sex offender,

24-37 at the address last registered by the sex offender, a nonforwardable

24-38 verification form. The sex offender shall complete and sign the form and

24-39 mail the form to the central repository not later than 10 days after receipt of

24-40 the form to verify that he still resides at the address he last registered.

24-41 3. A sex offender shall include with each verification form a current set

24-42 of fingerprints, a current photograph and all other information that is

24-43 relevant to updating his record of registration, including, but not limited to,

25-1 any change in his name, occupation, employment , work, volunteer service

25-2 or driver’s license and any change in the license number or description of a

25-3 motor vehicle registered to or frequently driven by him. The central

25-4 repository shall provide all updated information to the division and to the

25-5 appropriate local law enforcement [~~agency in whose jurisdiction the sex~~

25-6 ~~offender resides.]~~ agencies.

25-7 4. If the central repository does not receive a verification form from a

25-8 sex offender and otherwise cannot verify the address or location of the sex

25-9 offender, the central repository shall immediately notify the division and

25-10 the appropriate local law enforcement [~~agency in whose jurisdiction the~~

25-11 ~~sex offender last resided.]~~ agencies.

25-12 5. The central repository is not required to complete the mailing

25-13 pursuant to subsection 1 or 2 [~~if the]~~ :

25-14 (a) During any period in which a sex offender is incarcerated or

25-15 confined or has [~~moved]~~ changed his place of residence from this state to

25-16 another jurisdiction [.] ; or

25-17 (b) For a nonresident sex offender who is a student or worker within

25-18 this state.

25-19 Sec. 38. NRS 179D.490 is hereby amended to read as follows:

25-20 179D.490 1. A sex offender shall comply with the provisions for

25-21 registration for as long as the sex offender resides or is present within this

25-22 state [,] or is a nonresident sex offender who is a student or worker within

25-23 this state, unless the duty of the sex offender to register is terminated

25-24 pursuant to the provisions of this section.

25-25 2. Except as otherwise provided in subsection 5, if a sex offender

25-26 complies with the provisions for registration for an interval of at least 15

25-27 consecutive years during which he is not convicted of an offense that poses

25-28 a threat to the safety or well-being of others, the sex offender may file a

25-29 petition to terminate his duty to register with the district court in whose

25-30 jurisdiction he resides [~~a petition to terminate his duty to register.]~~ or, if he

25-31 is a nonresident sex offender, in whose jurisdiction he is a student or

25-32 worker. For the purposes of this subsection, registration begins on the date

25-33 that the division establishes a record of registration for the sex offender or

25-34 the date that the sex offender is released, whichever occurs later.

25-35 3. If the sex offender satisfies the requirements of subsection 2, the

25-36 court shall hold a hearing on the petition at which the sex offender and any

25-37 other interested person may present witnesses and other evidence. If the

25-38 court determines from the evidence presented at the hearing that the sex

25-39 offender is not likely to pose a threat to the safety of others, the court shall

25-40 terminate the duty of the sex offender to register.

25-41 4. If the court does not terminate the duty of the sex offender to register

25-42 after a petition is heard pursuant to subsections 2 and 3, the sex offender

25-43 may file another petition after each succeeding interval of 5 consecutive

26-1 years if the sex offender is not convicted of an offense that poses a threat to

26-2 the safety or well-being of others.

26-3 5. A sex offender may not file a petition to terminate his duty to

26-4 register pursuant to this section if the sex offender:

26-5 (a) Is subject to community notification or to lifetime supervision

26-6 pursuant to NRS 176.0931;

26-7 (b) [~~Has been convicted of a sexually violent offense; or~~

26-8 ~~(c)]~~ Has been declared to be a sexually violent predator [.] ; or

26-9 (c) Has been convicted of:

26-10 (1) One or more sexually violent offenses;

26-11 (2) Two or more sexual offenses against persons less than 18 years

26-12 of age;

26-13 (3) Two or more crimes against a child, as defined in NRS

26-14 179D.210; or

26-15 (4) At least one of each offense listed in subparagraphs (2) and (3).

26-16 Sec. 39. NRS 179D.550 is hereby amended to read as follows:

26-17 179D.550 A sex offender who:

26-18 1. Fails to register [;] with a local law enforcement agency or with the

26-19 division;

26-20 2. Fails to notify the division of a change of address;

26-21 3. Provides false or misleading information to the division, the central

26-22 repository or a local law enforcement agency; or

26-23 4. Otherwise violates the provisions of NRS 179D.350 to 179D.550,
26-24 inclusive,

26-25 is guilty of a category D felony and shall be punished as provided in NRS

26-26 193.130.

26-27 Sec. 40. NRS 179D.600 is hereby amended to read as follows:

26-28 179D.600 As used in NRS 179D.600 to 179D.800, inclusive, unless

26-29 the context otherwise requires, the words and terms defined in NRS

26-30 179D.610 to 179D.660, inclusive, and section 19 of this act have the

26-31 meanings ascribed to them in those sections.

26-32 Sec. 41. NRS 179D.610 is hereby amended to read as follows:

26-33 179D.610 1. "Sex offender" means a person who, after July 1, 1956,

26-34 is or has been [~~convicted]~~ :

26-35 (a) Convicted of a sexual offense listed in NRS 179D.620 [.] ; or

26-36 (b) Adjudicated delinquent or found guilty by a court having

26-37 jurisdiction over juveniles of a sexual offense listed in subsection 19 of

26-38 NRS 179D.620.

26-39 2. The term includes, but is not limited to [~~, a]~~ :

26-40 (a) A sexually violent predator.

26-41 (b) A nonresident sex offender who is a student or worker within this

26-42 state.

27-1 Sec. 42. NRS 179D.620 is hereby amended to read as follows:

27-2 179D.620 "Sexual offense" means [:] any of the following offenses:

27-3 1. Murder of the first degree committed in the perpetration or

27-4 attempted perpetration of sexual assault or of sexual abuse or sexual

27-5 molestation of a child less than 14 years of age pursuant to paragraph (b) of

27-6 subsection 1 of NRS 200.030 . [;]

27-7 2. Sexual assault pursuant to NRS 200.366 . [;]

27-8 3. Statutory sexual seduction pursuant to NRS 200.368, if punished as

27-9 a felony . [;]

27-10 4. Battery with intent to commit sexual assault pursuant to NRS

27-11 200.400 . [;]

27-12 5. An offense involving the administration of a drug to another

27-13 person with the intent to enable or assist the commission of a felony

27-14 pursuant to NRS 200.405, if the felony is an offense listed in this section.

27-15 6. An offense involving the administration of a controlled substance

27-16 to another person with the intent to enable or assist the commission of a

27-17 crime of violence pursuant to NRS 200.408, if the crime of violence is an

27-18 offense listed in this section.

27-19 7. Abuse of a child pursuant to NRS 200.508, if the abuse involved

27-20 sexual abuse or sexual exploitation and is punished as a felony . [;

27-21 ~~6.]~~ 8. An offense involving pornography and a minor pursuant to NRS

27-22 200.710 to 200.730, inclusive . [;

27-23 ~~7.]~~ 9. Incest pursuant to NRS 201.180 . [;

27-24 ~~8.]~~ 10. Solicitation of a minor to engage in acts constituting the

27-25 infamous crime against nature pursuant to NRS 201.195, if punished as a

27-26 felony . [;

27-27 ~~9.]~~ 11. Open or gross lewdness pursuant to NRS 201.210, if punished

27-28 as a felony . [;

27-29 ~~10.]~~ 12. Indecent or obscene exposure pursuant to NRS 201.220, if

27-30 punished as a felony . [;

27-31 ~~11.]~~ 13. Lewdness with a child pursuant to NRS 201.230 . [;

27-32 ~~12.]~~ 14. Sexual penetration of a dead human body pursuant to NRS

27-33 201.450 . [;

27-34 ~~13.]~~ 15. Annoyance or molestation of a minor pursuant to NRS

27-35 207.260, if punished as a felony . [;

27-36 ~~14.]~~ 16. An attempt to commit an offense listed in subsections 1 to

27-37 [~~13,]~~ 15, inclusive, if punished as a felony . [;

27-38 ~~15.]~~ 17. An offense that is determined to be sexually motivated

27-39 pursuant to NRS 175.547 or 207.193 . [~~; or~~

27-40 ~~16.]~~ 18. An offense committed in another jurisdiction that, if

27-41 committed in this state, would be an offense listed in this section. This

27-42 subsection includes, but is not limited to, an offense prosecuted in:

27-43 (a) A tribal court.

28-1 (b) A court of the United States or the Armed Forces of the United

28-2 States.

28-3 19. An offense of a sexual nature committed in another jurisdiction

28-4 and punished as a felony, whether or not the offense would be an offense

28-5 listed in this section, if the person who committed the offense resides or

28-6 has resided or is or has been a student or worker in any jurisdiction in

28-7 which the person is or has been required by the laws of that jurisdiction

28-8 to register as a sex offender because of the offense. This subsection

28-9 includes, but is not limited to, an offense prosecuted in:

28-10 (a) A tribal court.

28-11 (b) A court of the United States or the Armed Forces of the United

28-12 States.

28-13 (c) A court having jurisdiction over juveniles.

28-14 Sec. 43. NRS 179D.720 is hereby amended to read as follows:

28-15 179D.720 1. [~~The]~~ Except as otherwise provided in subsection 5,

28-16 the attorney general shall establish guidelines and procedures for assessing

28-17 the risk of recidivism of each sex offender who resides within this state [.]

28-18 and each nonresident sex offender who is a student or worker within this

28-19 state.

28-20 2. The guidelines and procedures must identify and incorporate factors

28-21 relevant to the risk of recidivism of the sex offender, including, but not

28-22 limited to:

28-23 (a) Conditions of release that minimize the risk of recidivism, including

28-24 probation or parole, counseling, therapy or treatment;

28-25 (b) Physical conditions that minimize the risk of recidivism, including

28-26 advanced age or debilitating illness; and

28-27 (c) Any criminal history of the sex offender indicative of a high risk of

28-28 recidivism, including, but not limited to:

28-29 (1) Whether the conduct of the sex offender was found to be

28-30 characterized by repetitive and compulsive behavior;

28-31 (2) Whether the sex offender committed the sexual offense against a

28-32 child;

28-33 (3) Whether the sexual offense involved the use of a weapon,

28-34 violence or infliction of serious bodily injury;

28-35 (4) The number, date and nature of prior offenses;

28-36 (5) Whether psychological or psychiatric profiles indicate a risk of

28-37 recidivism;

28-38 (6) The response of the sex offender to treatment;

28-39 (7) Any recent threats against a person or expressions of intent to

28-40 commit additional crimes; and

28-41 (8) Behavior while confined.

29-1 [~~2.]~~ 3. The assessment of the risk of recidivism of a sex offender may

29-2 be based upon information concerning the sex offender obtained from

29-3 agencies of this state and agencies from other jurisdictions.

29-4 [~~3.]~~ 4. Each person who is conducting the assessment must be given

29-5 access to all records of the sex offender that are necessary to conduct the

29-6 assessment, and the sex offender shall be deemed to have waived all rights

29-7 of confidentiality and all privileges relating to those records for the limited

29-8 purpose of the assessment.

29-9 5. The attorney general may provide in the guidelines and

29-10 procedures for a provisional waiver of the assessment of the risk of

29-11 recidivism of any nonresident sex offender who is not likely to be a

29-12 student or worker within this state for an extended period and who is not

29-13 likely to pose a substantial threat to the safety of the public. If a

29-14 nonresident sex offender is granted such a provisional waiver, the

29-15 nonresident sex offender:

29-16 (a) Shall be deemed to be assigned provisionally a Tier 1 level of

29-17 notification; and

29-18 (b) May be assessed and assigned any other level of notification

29-19 pursuant to the provisions of NRS 179D.600 to 179D.800, inclusive, and

29-20 the guidelines and procedures for community notification established by

29-21 the attorney general if, at any time during the period of the provisional

29-22 waiver, there is any cause to believe that the nonresident sex offender will

29-23 be a student or worker within this state for an extended period or that he

29-24 poses a threat to the safety of the public.

29-25 Sec. 44. NRS 179D.730 is hereby amended to read as follows:

29-26 179D.730 1. Except as otherwise provided in this section, the

29-27 guidelines and procedures for community notification established by the

29-28 attorney general must provide for the following levels of notification,

29-29 depending upon the risk of recidivism of the sex offender:

29-30 (a) If the risk of recidivism is low, the sex offender must be assigned a

29-31 Tier 1 level of notification, and the law enforcement agency in whose

29-32 jurisdiction the sex offender resides or is a student or worker shall notify

29-33 other law enforcement agencies that are likely to encounter the sex

29-34 offender.

29-35 (b) If the risk of recidivism is moderate, the sex offender must be

29-36 assigned a Tier 2 level of notification, and the law enforcement agency in

29-37 whose jurisdiction the sex offender resides or is a student or worker shall

29-38 provide notification pursuant to paragraph (a) and shall notify schools and

29-39 religious and youth organizations that are likely to encounter the sex

29-40 offender.

29-41 (c) If the risk of recidivism is high, the sex offender must be assigned a

29-42 Tier 3 level of notification, and the law enforcement agency in whose

29-43 jurisdiction the sex offender resides or is a student or worker shall provide

30-1 notification pursuant to paragraphs (a) and (b) and shall notify the public

30-2 through means designed to reach members of the public who are likely to

30-3 encounter the sex offender.

30-4 2. If the sex offender is assigned a Tier 2 or Tier 3 level of notification

30-5 and the sex offender has committed a sexual offense against a person less

30-6 than 18 years of age, the law enforcement agency in whose jurisdiction the

30-7 sex offender resides or is a student or worker shall provide the appropriate

30-8 notification for Tier 2 or Tier 3 and, in addition, shall notify:

30-9 (a) Motion picture theaters, other than adult motion picture theaters,

30-10 which are likely to encounter the sex offender; and

30-11 (b) Businesses which are likely to encounter the sex offender and which

30-12 primarily have children as customers or conduct events that primarily

30-13 children attend.

30-14 Notification pursuant to this subsection must include a copy of a

30-15 photograph of the sex offender. As used in paragraph (a), "adult motion

30-16 picture theater" has the meaning ascribed to it in NRS 278.0221.

30-17 3. If the sex offender has been declared to be a sexually violent

30-18 predator, the sex offender must be assigned a Tier 3 level of notification.

30-19 Sec. 45. NRS 179D.750 is hereby amended to read as follows:

30-20 179D.750 1. [~~If]~~ Except as otherwise provided in subsection 5 of

30-21 NRS 179D.720, if a sex offender has been assigned a level of notification

30-22 pursuant to NRS 179D.600 to 179D.800, inclusive, and the sex offender:

30-23 (a) Is convicted of an offense that poses a threat to the safety or well-

30-24 being of others;

30-25 (b) Annoys, harasses, threatens or intimidates a victim of one of his

30-26 sexual offenses; or

30-27 (c) Commits an overt act which is sexually motivated or involves the use

30-28 or threatened use of force or violence and which causes harm or creates a

30-29 reasonable apprehension of harm,

30-30 the level of notification assigned to the sex offender may be changed in

30-31 accordance with the guidelines and procedures established by the attorney

30-32 general pursuant to NRS 179D.600 to 179D.800, inclusive.

30-33 2. As used in this section:

30-34 (a) "Sexual offense" includes, but is not limited to, a sexual offense

30-35 punishable as a misdemeanor or gross misdemeanor.

30-36 (b) "Sexually motivated" means that one of the purposes for which the

30-37 person committed the act was his sexual gratification.

30-38 Sec. 46. NRS 179D.760 is hereby amended to read as follows:

30-39 179D.760 1. Except as otherwise provided in subsection 6, if a sex

30-40 offender is subject to community notification for an interval of at least 10

30-41 consecutive years during which he is not convicted of an offense that poses

30-42 a threat to the safety or well-being of others, the sex offender may petition

30-43 the attorney general for a reassessment of his risk of recidivism.

31-1 2. If the sex offender satisfies the requirements of subsection 1, the

31-2 attorney general shall arrange for a reassessment. The reassessment must be

31-3 conducted in the same manner as an assessment of the risk of recidivism.

31-4 3. If the sex offender is assigned a Tier 1 level of notification before

31-5 the reassessment is conducted, the sex offender may be:

31-6 (a) Reassigned the Tier 1 level of notification that he is currently

31-7 assigned; or

31-8 (b) Relieved from being subject to community notification.

31-9 4. If the sex offender is assigned a Tier 2 or Tier 3 level of notification

31-10 before the reassessment is conducted, the sex offender may be:

31-11 (a) Reassigned the level of notification that he is currently assigned; or

31-12 (b) Reassigned a level of notification that is one tier below the level of

31-13 notification that he is currently assigned.

31-14 5. After receiving a reassessment pursuant to subsections 1 and 2, the

31-15 sex offender may file another petition for a reassessment after each

31-16 succeeding interval of 5 consecutive years if the sex offender is not

31-17 convicted of an offense that poses a threat to the safety or well-being of

31-18 others.

31-19 6. If a sex offender has been declared to be a sexually violent predator,

31-20 the sex offender may not receive a reassessment pursuant to the provisions

31-21 of this section . [~~until the court in which he was sentenced determines that~~

31-22 ~~he is no longer a sexually violent predator pursuant to NRS 179D.520.]~~

31-23 Sec. 47. NRS 179D.770 is hereby amended to read as follows:

31-24 179D.770 The law enforcement agency in whose jurisdiction a sex

31-25 offender resides or is a student or worker shall disclose information

31-26 regarding the sex offender to the appropriate persons pursuant to the

31-27 guidelines and procedures established by the attorney general pursuant to

31-28 NRS 179D.600 to 179D.800, inclusive.

31-29 Sec. 48. NRS 62.560 is hereby amended to read as follows:

31-30 62.560 Except as otherwise provided in subsection 3 of NRS 62.600,

31-31 the provisions of NRS 62.500 to 62.600, inclusive, do not apply to a child

31-32 who is subject to registration and community notification pursuant to NRS

31-33 179D.350 to 179D.800, inclusive, [~~because he has been convicted of a~~

31-34 ~~sexual offense, as defined in NRS 179D.410, as an adult]~~ before reaching

31-35 21 years of age.

31-36 Sec. 49. NRS 62.600 is hereby amended to read as follows:

31-37 62.600 1. The records relating to a child must not be sealed pursuant

31-38 to the provisions of NRS 62.370 while the child is subject to community

31-39 notification as a juvenile sex offender.

31-40 2. Except as otherwise provided in NRS 62.345, if [~~the]~~ a child is

31-41 relieved of being subject to community notification as a juvenile sex

31-42 offender pursuant to NRS 62.590, all records relating to the child must be

32-1 automatically sealed when the child reaches 24 years of age as provided in

32-2 subsection 4 of NRS 62.370.

32-3 3. If [~~the]~~ a child is deemed to be an adult sex offender pursuant to

32-4 NRS 62.590 [~~or is otherwise]~~ , is convicted of a sexual offense, as defined

32-5 in NRS 179D.410, [~~as an adult]~~ before reaching 21 years of age or is

32-6 otherwise subject to registration and community notification pursuant to

32-7 NRS 179D.350 to 179D.800, inclusive, before reaching 21 years of age:

32-8 (a) The records relating to the child must not be sealed pursuant to the

32-9 provisions of NRS 62.370; and

32-10 (b) Each delinquent act committed by the child that would have been a

32-11 sexual offense, as defined in NRS 179D.410 if committed by an adult, shall

32-12 be deemed to be a criminal conviction for the purposes of:

32-13 (1) Registration and community notification pursuant to NRS

32-14 179D.350 to 179D.800, inclusive; and

32-15 (2) The statewide registry established within the central repository

32-16 pursuant to chapter 179B of NRS.

32-17 Sec. 50. NRS 179D.520 is hereby repealed.

32-18 Sec. 51. The amendatory provisions of sections 28 and 39 of this act

32-19 do not apply to offenses committed before the effective date of this act.

32-20 Sec. 52. This act becomes effective upon passage and approval.

32-21 TEXT OF REPEALED SECTION

32-22 179D.520 Petition by sex offender; procedure.

32-23 1. A sex offender who has been declared to be a sexually violent

32-24 predator may petition the court in which he was sentenced for a

32-25 determination that he no longer is a sexually violent predator if for an

32-26 interval of at least 15 consecutive years from the date he is released the sex

32-27 offender is not convicted of an offense that poses a threat to the safety or

32-28 well-being of others.

32-29 2. If the requirements of subsection 1 are satisfied, the court shall order

32-30 an evaluation and conduct a hearing pursuant to the provisions of

32-31 subsections 2 and 3 of NRS 179D.510 and shall determine whether the sex

32-32 offender continues to suffer from a mental disorder or personality disorder.

32-33 3. If the court determines that the sex offender does not continue to

32-34 suffer from a mental disorder or personality disorder, the court shall enter

32-35 an order declaring that the sex offender is no longer a sexually violent

32-36 predator. After such a declaration, the sex offender remains subject to

32-37 registration and community notification as a sex offender pursuant to the

32-38 provisions of this chapter.

33-1 4. If the sex offender is not granted relief after a petition is heard

33-2 pursuant to subsections 1 and 2, the sex offender may file another petition

33-3 after each succeeding interval of 5 consecutive years if the sex offender is

33-4 not convicted of an offense that poses a threat to the safety or well-being of

33-5 others.