(REPRINTED WITH ADOPTED AMENDMENTS)
SECOND REPRINT A.B. 294
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.
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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).
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 this section 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 automatically sealed when the child reaches 21 years
3-39 of age.
3-40 4. Except as otherwise provided in NRS 62.600, a child whose record
3-41 has not been automatically sealed pursuant to subsection 2 may petition
3-42 for the sealing of all records relating to the child after the child reaches
3-43 30 years of age.
3-44 5. If a petition is filed pursuant to subsection 1, the court shall notify
3-45 the district attorney of the county and the probation officer, if he is not the
3-46 petitioner. If a petition is filed pursuant to subsection 4, the court shall
3-47 notify the district attorney of the county. The district attorney, a probation
3-48 officer, any of their deputies or any other persons having relevant evidence
3-49 may testify at the hearing on the petition.
4-1 [3.] 6. If, after [the hearing,] a hearing on a petition filed pursuant to
4-2 subsection 1, the court finds that, [since such termination of jurisdiction,]
4-3 during the applicable 3-year period, the child has not been convicted of a
4-4 felony or of any misdemeanor involving moral turpitude and that
4-5 rehabilitation has been attained to the satisfaction of the court, it shall order
4-6 all records, papers and exhibits in the [juvenile’s] child’s case in the
4-7 custody of the juvenile court, district court, justice’s court, municipal court,
4-8 probation officer, law enforcement agency or any other agency or public
4-9 official sealed. Other records relating to the case, in the custody of such
4-10 other agencies and officials as are named in the order, must also be ordered
4-11 sealed.
4-12 [4. Except as otherwise provided in NRS 62.345 and 62.600, all
4-13 records relating to a child must be automatically sealed when the child
4-14 reaches 24 years of age.
4-15 5.] 7. If, after a hearing on a petition filed pursuant to subsection 4,
4-16 the court finds that, in the period since the child reached 21 years of age,
4-17 the child has not been convicted of any offense, except for minor moving
4-18 or standing traffic violations, the court may order sealed all records,
4-19 papers and exhibits in the child’s case in the custody of the juvenile
4-20 court, district court, justice’s court, municipal court, probation officer,
4-21 law enforcement agency or any other agency or public official. Other
4-22 records relating to the case, in the custody of such other agencies and
4-23 officials as are named in the order, may also be ordered sealed.
4-24 8. The court shall send a copy of the order sealing the records of a
4-25 child to each agency and official named therein. Each agency and official
4-26 shall, within 5 days after receipt of the order:
4-27 (a) Seal records in its custody, as directed by the order.
4-28 (b) Advise the court of its compliance.
4-29 (c) Seal the copy of the court’s order that it or he received.
4-30 [6.] 9. If the court orders the records sealed, all proceedings recounted
4-31 in the records are deemed never to have occurred, and the person who is
4-32 the subject of the records may properly reply accordingly to any inquiry
4-33 concerning the proceedings and the events which brought about the
4-34 proceedings.
4-35 [7.] 10. The person who is the subject of records sealed pursuant to
4-36 this section may petition the court to permit inspection of the records by a
4-37 person named in the petition and the court may order the inspection.
4-38 [8.] 11. The court may, upon the application of a district attorney or
4-39 an attorney representing a defendant in a criminal action, order an
4-40 inspection of the records [for the purpose of obtaining] to obtain
4-41 information relating to persons who were involved in the incident recorded.
4-42 [9.] 12. The court may, upon its own motion and [for the purpose of
4-43 sentencing] to sentence a convicted adult who is under 21 years of age,
4-44 inspect any records of that person which are sealed pursuant to this section.
4-45 [10.] 13. An agency charged with the medical or psychiatric care of a
4-46 person may petition the court to unseal his juvenile records.
4-47 [11.] 14. The provisions of this section do not apply to information
4-48 maintained in the standardized system established pursuant to NRS 62.910
5-1 or information that must be collected by the division of child and family
5-2 services of the department of human resources pursuant to NRS 62.920.
5-3 [12.] 15. As used in this section, “seal” means placing the records in a
5-4 separate file or other repository not accessible to the general public.
5-5 Sec. 4. NRS 62.560 is hereby amended to read as follows:
5-6 62.560 Except as otherwise provided in subsection [3] 2 of NRS
5-7 62.600, the provisions of NRS 62.500 to 62.600, inclusive, do not apply to
5-8 a child who is subject to registration and community notification pursuant
5-9 to NRS 179D.350 to 179D.800, inclusive, before reaching 21 years of age.
5-10 Sec. 5. NRS 62.600 is hereby amended to read as follows:
5-11 62.600 1. The records relating to a child must not be sealed pursuant
5-12 to the provisions of NRS 62.370 while the child is subject to community
5-13 notification as a juvenile sex offender.
5-14 2. [Except as otherwise provided in NRS 62.345, if a child is relieved
5-15 of being subject to community notification as a juvenile sex offender
5-16 pursuant to NRS 62.590, all records relating to the child must be
5-17 automatically sealed when the child reaches 24 years of age as provided in
5-18 subsection 4 of NRS 62.370.
5-19 3.] If a child is deemed to be an adult sex offender pursuant to NRS
5-20 62.590, is convicted of a sexual offense, as defined in NRS 179D.410,
5-21 before reaching 21 years of age or is otherwise subject to registration and
5-22 community notification pursuant to NRS 179D.350 to 179D.800, inclusive,
5-23 before reaching 21 years of age:
5-24 (a) The records relating to the child must not be sealed pursuant to the
5-25 provisions of NRS 62.370; and
5-26 (b) Each delinquent act committed by the child that would have been a
5-27 sexual offense, as defined in NRS 179D.410 if committed by an adult, shall
5-28 be deemed to be a criminal conviction for the purposes of:
5-29 (1) Registration and community notification pursuant to NRS
5-30 179D.350 to 179D.800, inclusive; and
5-31 (2) The statewide registry established within the central repository
5-32 pursuant to chapter 179B of NRS.
5-33 Sec. 6. NRS 179D.035 is hereby amended to read as follows:
5-34 179D.035 “Convicted” includes, but is not limited to, an adjudication
5-35 of delinquency or a finding of guilt by a court having jurisdiction over
5-36 juveniles if the adjudication of delinquency or the finding of guilt is for the
5-37 commission of any of the following offenses:
5-38 1. A crime against a child that is listed in subsection 6 of NRS
5-39 179D.210.
5-40 2. A sexual offense that is listed in subsection 19 of NRS 179D.410.
5-41 3. A sexual offense that is listed in paragraph (b) of subsection [3] 2 of
5-42 NRS 62.600.
5-43 Sec. 7. NRS 62.335 and 62.345 are hereby repealed.
5-44 Sec. 8. The amendatory provisions of this act apply to any act
5-45 committed by a child before, on or after July 1, 2001, if the records
5-46 pertaining to that act have not been sealed pursuant to NRS 62.370 before
5-47 July 1, 2001.
5-48 Sec. 9. This act becomes effective on July 1, 2001.
6-1 TEXT OF REPEALED SECTIONS
6-2 62.335 “Sexual offense” defined. As used in this section and NRS
6-3 62.345 and 62.350, unless the context otherwise requires, “sexual offense”
6-4 means:
6-5 1. Sexual assault pursuant to NRS 200.366;
6-6 2. Statutory sexual seduction pursuant to NRS 200.368;
6-7 3. Battery with intent to commit sexual assault pursuant to NRS
6-8 200.400;
6-9 4. An offense involving pornography and a minor pursuant to NRS
6-10 200.710 to 200.730, inclusive;
6-11 5. Incest pursuant to NRS 201.180;
6-12 6. Solicitation of a minor to engage in acts constituting the infamous
6-13 crime against nature pursuant to NRS 201.195;
6-14 7. Open or gross lewdness pursuant to NRS 201.210;
6-15 8. Indecent or obscene exposure pursuant to NRS 201.220;
6-16 9. Lewdness with a child pursuant to NRS 201.230;
6-17 10. Sexual penetration of a dead human body pursuant to NRS
6-18 201.450;
6-19 11. Annoyance or molestation of a minor pursuant to NRS 207.260;
6-20 12. An attempt to commit an offense listed in subsections 1 to 11,
6-21 inclusive; or
6-22 13. An offense that is determined to be sexually motivated pursuant to
6-23 NRS 175.547.
6-24 62.345 Procedure for sealing and unsealing records of child
6-25 adjudicated delinquent for certain sexual offenses or acts involving
6-26 force or violence.
6-27 1. Except as otherwise provided in this section, if a child is adjudicated
6-28 delinquent for an act that, if committed by an adult, would be a category A
6-29 or category B felony and the act was a sexual offense or involved the use
6-30 or threatened use of force or violence against the victim, the records
6-31 relating to the child must not be sealed pursuant to the provisions of NRS
6-32 62.370.
6-33 2. If a child who is subject to the provisions of subsection 1 is not
6-34 adjudicated delinquent for any other subsequent act that, if committed by
6-35 an adult, would be a felony and is not otherwise convicted of a felony as
6-36 an adult before reaching 24 years of age, all records relating to the child
6-37 must be automatically sealed when the child reaches 24 years of age as
6-38 provided in subsection 4 of NRS 62.370.
6-39 3. The provisions of this section:
6-40 (a) Apply to a child who is relieved of being subject to community
6-41 notification as a juvenile sex offender pursuant to NRS 62.590.
6-42 (b) Do not apply to a child who is deemed to be an adult sex offender
6-43 pursuant to NRS 62.590.
6-44 H