Assembly Bill No. 112–Committee on Judiciary

(On Behalf of Nevada Sheriffs and Chiefs Association)

February 12, 2001

____________

Referred to Committee on Judiciary

SUMMARY—Permits law enforcement agencies to review certain criminal records to determine suitability of applicant for employment as peace officer. (BDR 14‑423)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

AN ACT relating to criminal records; permitting law enforcement agencies to review certain criminal records to determine the suitability of an applicant for employment as a peace officer; 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 179.301 is hereby amended to read as follows:

1-2 179.301 1. The state gaming control board and Nevada gaming

1-3 commission and their employees, agents and representatives may inquire

1-4 into and inspect any records sealed pursuant to NRS 179.245 or 179.255, if

1-5 the event or conviction was related to gaming, for purposes of determining

1-6 the suitability or qualifications of any person to hold a state gaming

1-7 license, manufacturer’s, seller’s or distributor’s license or gaming work

1-8 permit pursuant to chapter 463 of NRS. Events and convictions, if any,

1-9 which are the subject of an order sealing records may form the basis for

1-10 recommendation, denial or revocation of those licenses or work permits.

1-11 2. Law enforcement agencies and their employees, agents and

1-12 representatives may inquire into and inspect any records sealed pursuant

1-13 to NRS 179.245 or 179.255 for the purpose of determining the suitability

1-14 of an applicant for employment as a peace officer. Events and

1-15 convictions, if any, which are the subject of an order sealing records may

1-16 form the basis for denial of employment with a law enforcement agency.

1-17 3. The central repository and its employees may inquire into and

1-18 inspect any records sealed pursuant to NRS 179.245 or 179.255 that

1-19 constitute information relating to sexual offenses, and may notify

2-1 employers of the information in accordance with NRS 179A.190 to

2-2 179A.240, inclusive.

2-3 [3.] 4. Records which have been sealed pursuant to NRS 179.245 or

2-4 179.255 and which are retained in the statewide registry established

2-5 pursuant to NRS 179B.200 may be inspected pursuant to chapter 179B of

2-6 NRS by an officer or employee of the central repository or a law

2-7 enforcement officer in the regular course of his duties.

2-8 Sec. 2. NRS 453.3363 is hereby amended to read as follows:

2-9 453.3363 1. If a person who has not previously been convicted of

2-10 any offense pursuant to NRS 453.011 to 453.552, inclusive, or pursuant to

2-11 any statute of the United States or of any state relating to narcotic drugs,

2-12 marijuana, or stimulant, depressant or hallucinogenic substances tenders a

2-13 plea of guilty, guilty but mentally ill, nolo contendere or similar plea to a

2-14 charge pursuant to NRS 453.336, 453.411 or 454.351, or is found guilty of

2-15 one of those charges, the court, without entering a judgment of conviction

2-16 and with the consent of the accused, may suspend further proceedings and

2-17 place him on probation upon terms and conditions that must include

2-18 attendance and successful completion of an educational program or, in the

2-19 case of a person dependent upon drugs, of a program of treatment and

2-20 rehabilitation pursuant to NRS 453.580.

2-21 2. Upon violation of a term or condition, the court may enter a

2-22 judgment of conviction and proceed as provided in the section pursuant to

2-23 which the accused was charged. Notwithstanding the provisions of

2-24 paragraph (e) of subsection 2 of NRS 193.130, upon violation of a term or

2-25 condition, the court may order the person to the custody of the department

2-26 of prisons.

2-27 3. Upon fulfillment of the terms and conditions, the court shall

2-28 discharge the accused and dismiss the proceedings against him. A

2-29 nonpublic record of the dismissal must be transmitted to and retained by

2-30 the division of parole and probation of the department of motor vehicles

2-31 and public safety solely for the use of the courts in determining whether, in

2-32 later proceedings, the person qualifies under this section.

2-33 4. Except as otherwise provided in [subsection 5,] subsections 5 and 6,

2-34 discharge and dismissal under this section is without adjudication of guilt

2-35 and is not a conviction for purposes of this section or for purposes of

2-36 employment, civil rights or any statute or regulation or license or

2-37 questionnaire or for any other public or private purpose, but is a conviction

2-38 for the purpose of additional penalties imposed for second or subsequent

2-39 convictions or the setting of bail. Discharge and dismissal restores the

2-40 person discharged, in the contemplation of the law, to the status occupied

2-41 before the arrest, indictment or information. He may not be held thereafter

2-42 under any law to be guilty of perjury or otherwise giving a false statement

2-43 by reason of failure to recite or acknowledge that arrest, indictment,

2-44 information or trial in response to an inquiry made of him for any purpose.

2-45 Discharge and dismissal under this section may occur only once with

2-46 respect to any person.

2-47 5. A professional licensing board may consider a proceeding under this

2-48 section in determining suitability for a license or liability to discipline for

2-49 misconduct. Such a board is entitled for those purposes to a truthful answer

3-1 from the applicant or licensee concerning any such proceeding with respect

3-2 to him.

3-3 6. A law enforcement agency may consider a proceeding under this

3-4 section in determining suitability for employment as a peace officer and

3-5 is entitled for that purpose to a truthful answer from an applicant

3-6 concerning any such proceeding with respect to him.

3-7 Sec. 3. NRS 453.3365 is hereby amended to read as follows:

3-8 453.3365 1. Three years after a person is convicted and sentenced

3-9 pursuant to subsection 3 of NRS 453.336, the court may order sealed all

3-10 documents, papers and exhibits in that person’s record, minute book entries

3-11 and entries on dockets, and other documents relating to the case in the

3-12 custody of such other agencies and officers as are named in the court’s

3-13 order, if the:

3-14 (a) Person fulfills the terms and conditions imposed by the court and the

3-15 parole and probation officer; and

3-16 (b) Court, after a hearing, is satisfied that the person is rehabilitated.

3-17 2. Except as [limited by subsection 4,] otherwise provided in

3-18 subsections 4 and 5, 3 years after an accused is discharged from probation

3-19 pursuant to NRS 453.3363, the court shall order sealed all documents,

3-20 papers and exhibits in that person’s record, minute book entries and entries

3-21 on dockets, and other documents relating to the case in the custody of such

3-22 other agencies and officers as are named in the court’s order if the person

3-23 fulfills the terms and conditions imposed by the court and the division of

3-24 parole and probation of the department of motor vehicles and public safety.

3-25 The court shall order those records sealed without a hearing unless the

3-26 division of parole and probation petitions the court, for good cause shown,

3-27 not to seal the records and requests a hearing thereon.

3-28 3. If the court orders sealed the record of a person discharged pursuant

3-29 to NRS 453.3363, it shall send a copy of the order to each agency or officer

3-30 named in the order. Each such agency or officer shall notify the court in

3-31 writing of its compliance with the order.

3-32 4. A professional licensing board is entitled, for the purpose of

3-33 determining suitability for a license or liability to discipline for

3-34 misconduct, to inspect and to copy from a record sealed pursuant to this

3-35 section.

3-36 5. A law enforcement agency is entitled, for the purpose of

3-37 determining suitability for employment as a peace officer, to inspect and

3-38 to copy from a record sealed pursuant to this section.

3-39 Sec. 4. This act becomes effective upon passage and approval.

3-40 H