Assembly Bill No. 294–Assemblyman Bache

 

March 7, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions pertaining to sealing of juvenile records. (BDR 5‑690)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

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

 

AN ACT relating to juveniles; revising the provisions pertaining to the sealing of juvenile records; 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 62.2115 is hereby amended to read as follows:

1-2    62.2115  Any decree or order entered by a judge or master of a juvenile

1-3  court, district court, justice’s court or municipal court concerning a child

1-4  within the purview of this chapter must contain, for the benefit of the child,

1-5  an explanation of the contents of NRS [62.345,] 62.370 and, if applicable,

1-6  NRS 62.600.

1-7    Sec. 2.  NRS 62.350 is hereby amended to read as follows:

1-8    62.350  1.  The fingerprints of a child must be taken if the child is in

1-9  custody for an act that, if committed by an adult:

1-10    (a) Would be a felony, a gross misdemeanor or a sexual offense; or

1-11    (b) Would be a misdemeanor, and the act involved:

1-12      (1) The use or threatened use of force or violence against the victim;

1-13  or

1-14      (2) The possession, use or threatened use of a firearm or a deadly

1-15  weapon.

1-16    2.  The fingerprints of a child who is in custody but who is not subject

1-17  to the provisions of subsection 1 may be taken if a law enforcement officer

1-18  finds latent fingerprints during the investigation of an offense and the

1-19  officer has reason to believe that the latent fingerprints are those of the

1-20  child. The officer shall use the fingerprints taken from the child [for the

1-21  purpose of making] to make an immediate comparison with the latent

1-22  fingerprints. If the comparison is:

1-23    (a) Negative, the fingerprint card and other copies of the fingerprints

1-24  taken may be immediately destroyed or may be retained for future use.

2-1    (b) Positive, the fingerprint card and other copies of the fingerprints:

2-2       (1) Must be delivered to the court for disposition if the child is

2-3  referred to court.

2-4       (2) May be immediately destroyed or may be retained for future use

2-5  if the child is not referred to court.

2-6    3.  Fingerprints that are taken from a child pursuant to the provisions of

2-7  this section:

2-8    (a) May be retained in a local file or a local system for the automatic

2-9  retrieval of fingerprints if they are retained under special security measures

2-10  that limit inspection of the fingerprints to law enforcement officers who are

2-11  conducting criminal investigations. If the child from whom the fingerprints

2-12  are taken subsequently is not adjudicated delinquent, the parent or guardian

2-13  of the child or, when the child becomes at least 18 years of age, the child

2-14  [,] may petition the court for the removal of the fingerprints from any such

2-15  local file or local system.

2-16    (b) Must be submitted to the central repository for Nevada records of

2-17  criminal history if the child is adjudicated delinquent for an act that, if

2-18  committed by an adult, would be a felony or sexual offense, and may be

2-19  submitted to the central repository for any other act. Any such fingerprints

2-20  submitted to the central repository must be submitted with a description of

2-21  the child and the unlawful act, if any, that the child committed. The central

2-22  repository shall retain the fingerprints and such information of the child

2-23  under special security measures that limit inspection of the fingerprints and

2-24  such information to law enforcement officers who are conducting criminal

2-25  investigations and to officers and employees of the central repository who

2-26  are assisting law enforcement officers with criminal investigations or who

2-27  are conducting research or performing a statistical analysis.

2-28    (c) Must not be submitted to the Federal Bureau of Investigation unless

2-29  the child is adjudicated delinquent for an act that, if committed by an adult,

2-30  would be a felony or a sexual offense.

2-31    4.  A child who is in custody must be photographed for the purpose of

2-32  identification. Except as otherwise provided in this subsection, the

2-33  photographs of the child must be kept in the file pertaining to the child

2-34  under special security measures which provide that the photographs may be

2-35  inspected only to conduct criminal investigations and photographic lineups.

2-36  If a court subsequently determines that the child is not delinquent, the court

2-37  shall order the photographs to be destroyed.

2-38    5.  Any person who willfully violates any provision of this section is

2-39  guilty of a misdemeanor.

2-40    6.  As used in this section, “sexual offense” means:

2-41    (a) Sexual assault pursuant to NRS 200.366;

2-42    (b) Statutory sexual seduction pursuant to NRS 200.368;

2-43    (c) Battery with intent to commit sexual assault pursuant to NRS

2-44  200.400;

2-45    (d) An offense involving pornography and a minor pursuant to NRS

2-46  200.710 to 200.730, inclusive;

2-47    (e) Incest pursuant to NRS 201.180;

2-48    (f) Solicitation of a minor to engage in acts constituting the infamous

2-49  crime against nature pursuant to NRS 201.195;

3-1    (g) Open or gross lewdness pursuant to NRS 201.210;

3-2    (h) Indecent or obscene exposure pursuant to NRS 201.220;

3-3    (i) Lewdness with a child pursuant to NRS 201.230;

3-4    (j) Sexual penetration of a dead human body pursuant to NRS

3-5  201.450;

3-6    (k) Annoyance or molestation of a minor pursuant to NRS 207.260;

3-7    (l) An attempt to commit an offense listed in paragraphs (a) to (k),

3-8  inclusive; or

3-9    (m) An offense that is determined to be sexually motivated pursuant to

3-10  NRS 175.547.

3-11    Sec. 3.  NRS 62.370 is hereby amended to read as follows:

3-12    62.370  1.  Except as otherwise provided in NRS [62.345 and] 62.600,

3-13  if a child is taken into custody by a peace officer, is taken before a

3-14  probation officer, or appears before a judge or master of a juvenile court,

3-15  district court, justice’s court or municipal court, the child or a probation

3-16  officer on his behalf may petition for the sealing of all records relating to

3-17  the child, including records of arrest, but not including records relating to

3-18  misdemeanor traffic violations, in the custody of the juvenile court, district

3-19  court, justice’s court or municipal court, probation officer, law enforcement

3-20  agency, or any other agency or public official, if[:

3-21    (a) Three years or more have elapsed after termination of the

3-22  jurisdiction of the juvenile court; or

3-23    (b) Three] 3 years or more have elapsed since the child was last referred

3-24  to the juvenile court and the child has never been declared a ward of the

3-25  court.

3-26    2.  [The] Except as otherwise provided in subsection 3 and NRS

3-27  62.600, all records relating to a child must be automatically sealed

3-28  immediately after termination of the jurisdiction of the juvenile court.

3-29    3.  If a child is adjudicated delinquent for an act that, if committed by

3-30  an adult, would be a felony, any records pertaining to that act must not

3-31  be automatically sealed pursuant to subsection 2. Except as otherwise

3-32  provided in NRS 62.600, if the act did not involve the use or threatened

3-33  use of force or violence, the child may file a petition for the sealing of all

3-34  records pertaining to the act.

3-35    4.  If a petition is filed pursuant to subsection 1, the court shall notify

3-36  the district attorney of the county and the probation officer, if he is not the

3-37  petitioner. If a petition is filed pursuant to subsection 3, the court shall

3-38  notify the district attorney of the county and the probation officer. The

3-39  district attorney, probation officer, any of their deputies or any other

3-40  persons having relevant evidence may testify at the hearing on the petition.

3-41    [3.] 5. If, after the hearing, the court finds that, since such termination

3-42  of jurisdiction, the child has not been convicted of a felony or of any

3-43  misdemeanor involving moral turpitude and that rehabilitation has been

3-44  attained to the satisfaction of the court, it shall order all records, papers and

3-45  exhibits in the [juvenile’s] child’s case in the custody of the juvenile court,

3-46  district court, justice’s court, municipal court, probation officer, law

3-47  enforcement agency or any other agency or public official sealed. Other

3-48  records relating to the case, in the custody of such other agencies and

3-49  officials as are named in the order, must also be ordered sealed.

4-1    [4.  Except as otherwise provided in NRS 62.345 and 62.600, all

4-2  records relating to a child must be automatically sealed when the child

4-3  reaches 24 years of age.

4-4    5.] 6. The court shall send a copy of the order sealing the records of a

4-5  child to each agency and official named therein. Each agency and official

4-6  shall, within 5 days after receipt of the order:

4-7    (a) Seal records in its custody, as directed by the order.

4-8    (b) Advise the court of its compliance.

4-9    (c) Seal the copy of the court’s order that it or he received.

4-10    [6.] 7. If the court orders the records sealed, all proceedings recounted

4-11  in the records are deemed never to have occurred, and the person who is

4-12  the subject of the records may properly reply accordingly to any inquiry

4-13  concerning the proceedings and the events which brought about the

4-14  proceedings.

4-15    [7.] 8. The person who is the subject of records sealed pursuant to this

4-16  section may petition the court to permit inspection of the records by a

4-17  person named in the petition and the court may order the inspection.

4-18    [8.] 9. The court may, upon the application of a district attorney or an

4-19  attorney representing a defendant in a criminal action, order an inspection

4-20  of the records [for the purpose of obtaining] to obtain information relating

4-21  to persons who were involved in the incident recorded.

4-22    [9.] 10. The court may, upon its own motion and [for the purpose of

4-23  sentencing] to sentence a convicted adult who is under 21 years of age,

4-24  inspect any records of that person which are sealed pursuant to this section.

4-25    [10.] 11. An agency charged with the medical or psychiatric care of a

4-26  person may petition the court to unseal his juvenile records.

4-27    [11.] 12. The provisions of this section do not apply to information

4-28  maintained in the standardized system established pursuant to NRS 62.910

4-29  or information that must be collected by the division of child and family

4-30  services of the department of human resources pursuant to NRS 62.920.

4-31    [12.] 13. As used in this section, “seal” means placing the records in a

4-32  separate file or other repository not accessible to the general public.

4-33    Sec. 4.  NRS 62.560 is hereby amended to read as follows:

4-34    62.560  Except as otherwise provided in subsection [3] 2 of NRS

4-35  62.600, the provisions of NRS 62.500 to 62.600, inclusive, do not apply to

4-36  a child who is subject to registration and community notification pursuant

4-37  to NRS 179D.350 to 179D.800, inclusive, before reaching 21 years of age.

4-38    Sec. 5.  NRS 62.600 is hereby amended to read as follows:

4-39    62.600  1.  The records relating to a child must not be sealed pursuant

4-40  to the provisions of NRS 62.370 while the child is subject to community

4-41  notification as a juvenile sex offender.

4-42    2.  [Except as otherwise provided in NRS 62.345, if a child is relieved

4-43  of being subject to community notification as a juvenile sex offender

4-44  pursuant to NRS 62.590, all records relating to the child must be

4-45  automatically sealed when the child reaches 24 years of age as provided in

4-46  subsection 4 of NRS 62.370.

4-47    3.] If a child is deemed to be an adult sex offender pursuant to NRS

4-48  62.590, is convicted of a sexual offense, as defined in NRS 179D.410,

4-49  before reaching 21 years of age or is otherwise subject to registration and

5-1  community notification pursuant to NRS 179D.350 to 179D.800, inclusive,

5-2  before reaching 21 years of age:

5-3    (a) The records relating to the child must not be sealed pursuant to the

5-4  provisions of NRS 62.370; and

5-5    (b) Each delinquent act committed by the child that would have been a

5-6  sexual offense, as defined in NRS 179D.410 if committed by an adult, shall

5-7  be deemed to be a criminal conviction for the purposes of:

5-8       (1) Registration and community notification pursuant to NRS

5-9  179D.350 to 179D.800, inclusive; and

5-10      (2) The statewide registry established within the central repository

5-11  pursuant to chapter 179B of NRS.

5-12    Sec. 6.  NRS 179D.035 is hereby amended to read as follows:

5-13    179D.035  “Convicted” includes, but is not limited to, an adjudication

5-14  of delinquency or a finding of guilt by a court having jurisdiction over

5-15  juveniles if the adjudication of delinquency or the finding of guilt is for the

5-16  commission of any of the following offenses:

5-17    1.  A crime against a child that is listed in subsection 6 of NRS

5-18  179D.210.

5-19    2.  A sexual offense that is listed in subsection 19 of NRS 179D.410.

5-20    3.  A sexual offense that is listed in paragraph (b) of subsection [3] 2 of

5-21  NRS 62.600.

5-22    Sec. 7.  NRS 62.335 and 62.345 are hereby repealed.

5-23    Sec. 8.  The amendatory provisions of this act apply to any act

5-24  committed by a child before, on or after July 1, 2001, if the records

5-25  pertaining to that act have not been sealed pursuant to NRS 62.370 before

5-26  July 1, 2001.

5-27    Sec. 9.  This act becomes effective on July 1, 2001.

 

5-28  TEXT OF REPEALED SECTIONS

 

5-29    62.335  “Sexual offense” defined. As used in this section and NRS

5-30   62.345 and 62.350, unless the context otherwise requires, “sexual offense”

5-31   means:

5-32    1.  Sexual assault pursuant to NRS 200.366;

5-33    2.  Statutory sexual seduction pursuant to NRS 200.368;

5-34    3.  Battery with intent to commit sexual assault pursuant to NRS

5-35   200.400;

5-36    4.  An offense involving pornography and a minor pursuant to NRS

5-37   200.710 to 200.730, inclusive;

5-38    5.  Incest pursuant to NRS 201.180;

5-39    6.  Solicitation of a minor to engage in acts constituting the infamous

5-40   crime against nature pursuant to NRS 201.195;

5-41    7.  Open or gross lewdness pursuant to NRS 201.210;

5-42    8.  Indecent or obscene exposure pursuant to NRS 201.220;

5-43    9.  Lewdness with a child pursuant to NRS 201.230;

6-1    10.  Sexual penetration of a dead human body pursuant to NRS

6-2  201.450;

6-3    11.  Annoyance or molestation of a minor pursuant to NRS 207.260;

6-4    12.  An attempt to commit an offense listed in subsections 1 to 11,

6-5   inclusive; or

6-6    13.  An offense that is determined to be sexually motivated pursuant to

6-7   NRS 175.547.

6-8    62.345  Procedure for sealing and unsealing records of child

6-9   adjudicated delinquent for certain sexual offenses or acts involving

6-10   force or violence.

6-11    1.  Except as otherwise provided in this section, if a child is adjudicated

6-12   delinquent for an act that, if committed by an adult, would be a category A

6-13   or category B felony and the act was a sexual offense or involved the use

6-14   or threatened use of force or violence against the victim, the records

6-15   relating to the child must not be sealed pursuant to the provisions of NRS

6-16   62.370.

6-17    2.  If a child who is subject to the provisions of subsection 1 is not

6-18   adjudicated delinquent for any other subsequent act that, if committed by

6-19   an adult, would be a felony and is not otherwise convicted of a felony as

6-20   an adult before reaching 24 years of age, all records relating to the child

6-21   must be automatically sealed when the child reaches 24 years of age as

6-22   provided in subsection 4 of NRS 62.370.

6-23    3.  The provisions of this section:

6-24    (a) Apply to a child who is relieved of being subject to community

6-25   notification as a juvenile sex offender pursuant to NRS 62.590.

6-26    (b) Do not apply to a child who is deemed to be an adult sex offender

6-27   pursuant to NRS 62.590.

 

6-28  H