(REPRINTED WITH ADOPTED AMENDMENTS)

 

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; providing that juveniles who are adjudicated delinquent for committing certain acts that would be crimes if committed by an adult may not have their records sealed; making various other changes related to 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:

2-1    (a) Negative, the fingerprint card and other copies of the fingerprints

2-2  taken may be immediately destroyed or may be retained for future use.

2-3    (b) Positive, the fingerprint card and other copies of the fingerprints:

2-4       (1) Must be delivered to the court for disposition if the child is

2-5  referred to court.

2-6       (2) May be immediately destroyed or may be retained for future use

2-7  if the child is not referred to court.

2-8    3.  Fingerprints that are taken from a child pursuant to the provisions of

2-9  this section:

2-10    (a) May be retained in a local file or a local system for the automatic

2-11  retrieval of fingerprints if they are retained under special security measures

2-12  that limit inspection of the fingerprints to law enforcement officers who are

2-13  conducting criminal investigations. If the child from whom the fingerprints

2-14  are taken subsequently is not adjudicated delinquent, the parent or guardian

2-15  of the child or, when the child becomes at least 18 years of age, the child

2-16  [,] may petition the court for the removal of the fingerprints from any such

2-17  local file or local system.

2-18    (b) Must be submitted to the central repository for Nevada records of

2-19  criminal history if the child is adjudicated delinquent for an act that, if

2-20  committed by an adult, would be a felony or sexual offense, and may be

2-21  submitted to the central repository for any other act. Any such fingerprints

2-22  submitted to the central repository must be submitted with a description of

2-23  the child and the unlawful act, if any, that the child committed. The central

2-24  repository shall retain the fingerprints and such information of the child

2-25  under special security measures that limit inspection of the fingerprints and

2-26  such information to law enforcement officers who are conducting criminal

2-27  investigations and to officers and employees of the central repository who

2-28  are assisting law enforcement officers with criminal investigations or who

2-29  are conducting research or performing a statistical analysis.

2-30    (c) Must not be submitted to the Federal Bureau of Investigation unless

2-31  the child is adjudicated delinquent for an act that, if committed by an adult,

2-32  would be a felony or a sexual offense.

2-33    4.  A child who is in custody must be photographed for the purpose of

2-34  identification. Except as otherwise provided in this subsection, the

2-35  photographs of the child must be kept in the file pertaining to the child

2-36  under special security measures which provide that the photographs may be

2-37  inspected only to conduct criminal investigations and photographic lineups.

2-38  If a court subsequently determines that the child is not delinquent, the court

2-39  shall order the photographs to be destroyed.

2-40    5.  Any person who willfully violates any provision of this section is

2-41  guilty of a misdemeanor.

2-42    6.  As used in this section, “sexual offense” means:

2-43    (a) Sexual assault pursuant to NRS 200.366;

2-44    (b) Statutory sexual seduction pursuant to NRS 200.368;

2-45    (c) Battery with intent to commit sexual assault pursuant to NRS

2-46  200.400;

2-47    (d) An offense involving pornography and a minor pursuant to NRS

2-48  200.710 to 200.730, inclusive;

2-49    (e) Incest pursuant to NRS 201.180;

3-1    (f) Solicitation of a minor to engage in acts constituting the infamous

3-2  crime against nature pursuant to NRS 201.195;

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

3-4    (h) Indecent or obscene exposure pursuant to NRS 201.220;

3-5    (i) Lewdness with a child pursuant to NRS 201.230;

3-6    (j) Sexual penetration of a dead human body pursuant to NRS

3-7  201.450;

3-8    (k) Annoyance or molestation of a minor pursuant to NRS 207.260;

3-9    (l) An attempt to commit an offense listed in paragraphs (a) to (k),

3-10  inclusive; or

3-11    (m) An offense that is determined to be sexually motivated pursuant to

3-12  NRS 175.547.

3-13    Sec. 3.  NRS 62.370 is hereby amended to read as follows:

3-14    62.370  1.  Except as otherwise provided in subsection 3 and NRS

3-15  [62.345 and] 62.600, if a child is taken into custody by a peace officer, is

3-16  taken before a probation officer, or appears before a judge or master of a

3-17  juvenile court, district court, justice’s court or municipal court, the child or

3-18  a probation officer on his behalf may petition for the sealing of all records

3-19  relating to the child, including records of arrest, but not including records

3-20  relating to misdemeanor traffic violations, in the custody of the juvenile

3-21  court, district court, justice’s court or municipal court, probation officer,

3-22  law enforcement agency, or any other agency or public official, if:

3-23    (a) Three years or more have elapsed [after termination of the

3-24  jurisdiction of the juvenile] since the child was declared a ward of the

3-25  court; or

3-26    (b) Three years or more have elapsed since the child was last referred to

3-27  the juvenile court and the child has never been declared a ward of the

3-28  court.

3-29    2.  [The] Except as otherwise provided in subsection 3 and NRS

3-30  62.600, all records relating to a child must be automatically sealed when

3-31  the child reaches 21 years of age.

3-32    3.  If a child is adjudicated delinquent for an act that, if committed by

3-33  an adult, would be punishable as sexual assault pursuant to NRS

3-34  200.366, battery with intent to commit sexual assault pursuant to NRS

3-35  200.400 or lewdness with a child pursuant to NRS 201.230, or for an act

3-36  involving the use or threatened use of force or violence that, if committed

3-37  by an adult, would be punishable as a felony, any records pertaining to

3-38  that act must not be sealed.

3-39    4.  If a petition is filed pursuant to subsection 1, the court shall notify

3-40  the district attorney of the county and the probation officer, if he is not the

3-41  petitioner. The district attorney, probation officer, any of their deputies or

3-42  any other persons having relevant evidence may testify at the hearing on

3-43  the petition.

3-44    [3.] 5. If, after the hearing, the court finds that, [since such termination

3-45  of jurisdiction,] during the applicable 3-year period, the child has not been

3-46  convicted of a felony or of any misdemeanor involving moral turpitude and

3-47  that rehabilitation has been attained to the satisfaction of the court, it shall

3-48  order all records, papers and exhibits in the [juvenile’s] child’s case in the

3-49  custody of the juvenile court, district court, justice’s court, municipal court,

4-1  probation officer, law enforcement agency or any other agency or public

4-2  official sealed. Other records relating to the case, in the custody of such

4-3  other agencies and officials as are named in the order, must also be ordered

4-4  sealed.

4-5    [4.  Except as otherwise provided in NRS 62.345 and 62.600, all

4-6  records relating to a child must be automatically sealed when the child

4-7  reaches 24 years of age.

4-8    5.] 6. The court shall send a copy of the order sealing the records of a

4-9  child to each agency and official named therein. Each agency and official

4-10  shall, within 5 days after receipt of the order:

4-11    (a) Seal records in its custody, as directed by the order.

4-12    (b) Advise the court of its compliance.

4-13    (c) Seal the copy of the court’s order that it or he received.

4-14    [6.] 7. If the court orders the records sealed, all proceedings recounted

4-15  in the records are deemed never to have occurred, and the person who is

4-16  the subject of the records may properly reply accordingly to any inquiry

4-17  concerning the proceedings and the events which brought about the

4-18  proceedings.

4-19    [7.] 8. The person who is the subject of records sealed pursuant to this

4-20  section may petition the court to permit inspection of the records by a

4-21  person named in the petition and the court may order the inspection.

4-22    [8.] 9. The court may, upon the application of a district attorney or an

4-23  attorney representing a defendant in a criminal action, order an inspection

4-24  of the records [for the purpose of obtaining] to obtain information relating

4-25  to persons who were involved in the incident recorded.

4-26    [9.] 10. The court may, upon its own motion and [for the purpose of

4-27  sentencing] to sentence a convicted adult who is under 21 years of age,

4-28  inspect any records of that person which are sealed pursuant to this section.

4-29    [10.] 11. An agency charged with the medical or psychiatric care of a

4-30  person may petition the court to unseal his juvenile records.

4-31    [11.] 12. The provisions of this section do not apply to information

4-32  maintained in the standardized system established pursuant to NRS 62.910

4-33  or information that must be collected by the division of child and family

4-34  services of the department of human resources pursuant to NRS 62.920.

4-35    [12.] 13. As used in this section, “seal” means placing the records in a

4-36  separate file or other repository not accessible to the general public.

4-37    Sec. 4.  NRS 62.560 is hereby amended to read as follows:

4-38    62.560  Except as otherwise provided in subsection [3] 2 of NRS

4-39  62.600, the provisions of NRS 62.500 to 62.600, inclusive, do not apply to

4-40  a child who is subject to registration and community notification pursuant

4-41  to NRS 179D.350 to 179D.800, inclusive, before reaching 21 years of age.

4-42    Sec. 5.  NRS 62.600 is hereby amended to read as follows:

4-43    62.600  1.  The records relating to a child must not be sealed pursuant

4-44  to the provisions of NRS 62.370 while the child is subject to community

4-45  notification as a juvenile sex offender.

4-46    2.  [Except as otherwise provided in NRS 62.345, if a child is relieved

4-47  of being subject to community notification as a juvenile sex offender

4-48  pursuant to NRS 62.590, all records relating to the child must be

5-1  automatically sealed when the child reaches 24 years of age as provided in

5-2  subsection 4 of NRS 62.370.

5-3    3.] If a child is deemed to be an adult sex offender pursuant to NRS

5-4  62.590, is convicted of a sexual offense, as defined in NRS 179D.410,

5-5  before reaching 21 years of age or is otherwise subject to registration and

5-6  community notification pursuant to NRS 179D.350 to 179D.800, inclusive,

5-7  before reaching 21 years of age:

5-8    (a) The records relating to the child must not be sealed pursuant to the

5-9  provisions of NRS 62.370; and

5-10    (b) Each delinquent act committed by the child that would have been a

5-11  sexual offense, as defined in NRS 179D.410 if committed by an adult, shall

5-12  be deemed to be a criminal conviction for the purposes of:

5-13      (1) Registration and community notification pursuant to NRS

5-14  179D.350 to 179D.800, inclusive; and

5-15      (2) The statewide registry established within the central repository

5-16  pursuant to chapter 179B of NRS.

5-17    Sec. 6.  NRS 179D.035 is hereby amended to read as follows:

5-18    179D.035  “Convicted” includes, but is not limited to, an adjudication

5-19  of delinquency or a finding of guilt by a court having jurisdiction over

5-20  juveniles if the adjudication of delinquency or the finding of guilt is for the

5-21  commission of any of the following offenses:

5-22    1.  A crime against a child that is listed in subsection 6 of NRS

5-23  179D.210.

5-24    2.  A sexual offense that is listed in subsection 19 of NRS 179D.410.

5-25    3.  A sexual offense that is listed in paragraph (b) of subsection [3] 2 of

5-26  NRS 62.600.

5-27    Sec. 7.  NRS 62.335 and 62.345 are hereby repealed.

5-28    Sec. 8.  The amendatory provisions of this act apply to any act

5-29  committed by a child before, on or after July 1, 2001, if the records

5-30  pertaining to that act have not been sealed pursuant to NRS 62.370 before

5-31  July 1, 2001.

5-32    Sec. 9.  This act becomes effective on July 1, 2001.

 

5-33  TEXT OF REPEALED SECTIONS

 

5-34    62.335  “Sexual offense” defined. As used in this section and NRS

5-35   62.345 and 62.350, unless the context otherwise requires, “sexual offense”

5-36   means:

5-37    1.  Sexual assault pursuant to NRS 200.366;

5-38    2.  Statutory sexual seduction pursuant to NRS 200.368;

5-39    3.  Battery with intent to commit sexual assault pursuant to NRS

5-40   200.400;

5-41    4.  An offense involving pornography and a minor pursuant to NRS

5-42   200.710 to 200.730, inclusive;

5-43    5.  Incest pursuant to NRS 201.180;

5-44    6.  Solicitation of a minor to engage in acts constituting the infamous

5-45   crime against nature pursuant to NRS 201.195;

6-1    7.  Open or gross lewdness pursuant to NRS 201.210;

6-2    8.  Indecent or obscene exposure pursuant to NRS 201.220;

6-3    9.  Lewdness with a child pursuant to NRS 201.230;

6-4    10.  Sexual penetration of a dead human body pursuant to NRS

6-5   201.450;

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

6-7    12.  An attempt to commit an offense listed in subsections 1 to 11,

6-8   inclusive; or

6-9    13.  An offense that is determined to be sexually motivated pursuant to

6-10   NRS 175.547.

6-11    62.345  Procedure for sealing and unsealing records of child

6-12   adjudicated delinquent for certain sexual offenses or acts involving

6-13   force or violence.

6-14    1.  Except as otherwise provided in this section, if a child is adjudicated

6-15   delinquent for an act that, if committed by an adult, would be a category A

6-16   or category B felony and the act was a sexual offense or involved the use

6-17   or threatened use of force or violence against the victim, the records

6-18   relating to the child must not be sealed pursuant to the provisions of NRS

6-19   62.370.

6-20    2.  If a child who is subject to the provisions of subsection 1 is not

6-21   adjudicated delinquent for any other subsequent act that, if committed by

6-22   an adult, would be a felony and is not otherwise convicted of a felony as

6-23   an adult before reaching 24 years of age, all records relating to the child

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

6-25   provided in subsection 4 of NRS 62.370.

6-26    3.  The provisions of this section:

6-27    (a) Apply to a child who is relieved of being subject to community

6-28   notification as a juvenile sex offender pursuant to NRS 62.590.

6-29    (b) Do not apply to a child who is deemed to be an adult sex offender

6-30   pursuant to NRS 62.590.

 

6-31  H