A.B. 331
Assembly Bill No. 331–Assemblyman Nolan
March 13, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Makes various changes concerning dissemination of records of criminal history by central repository for Nevada records of criminal history. (BDR 14‑304)
FISCAL NOTE: Effect on Local Government: 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 criminal records; authorizing the central repository for Nevada records of criminal history to conduct investigations and to disseminate certain information concerning applicants and employees of private schools; expanding the offenses about which certain employers may obtain information concerning employees; authorizing such employers to obtain the same information about volunteers and prospective volunteers; providing a penalty; 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
1-6 determining] to determine the suitability or qualifications of any person to
1-7 hold a state gaming license, manufacturer’s, seller’s or distributor’s license
1-8 or gaming work permit pursuant to chapter 463 of NRS. Events and
1-9 convictions, if any, which are the subject of an order sealing records may
1-10 form the basis for recommendation, denial or revocation of those licenses
1-11 or work permits.
1-12 2. The central repository for Nevada records of criminal history and
1-13 its employees may inquire into and inspect any records sealed pursuant to
1-14 NRS 179.245 or 179.255 that [constitute information relating to sexual
1-15 offenses,] involve an offense listed in subsection 4 of NRS 179A.190 and
1-16 may notify employers of the information in accordance with NRS
1-17 179A.190 to 179A.240, inclusive.
2-1 3. Records which have been sealed pursuant to NRS 179.245 or
2-2 179.255 and which are retained in the statewide registry established
2-3 pursuant to NRS 179B.200 may be inspected pursuant to chapter 179B of
2-4 NRS by an officer or employee of the central repository for Nevada
2-5 records of criminal history or a law enforcement officer in the regular
2-6 course of his duties.
2-7 Sec. 2. NRS 179A.075 is hereby amended to read as follows:
2-8 179A.075 1. The central repository for Nevada records of criminal
2-9 history is hereby created within the Nevada highway patrol division of the
2-10 department.
2-11 2. Each agency of criminal justice and any other agency dealing with
2-12 crime or delinquency of children shall:
2-13 (a) Collect and maintain records, reports and compilations of statistical
2-14 data required by the department; and
2-15 (b) Submit the information collected to the central repository in the
2-16 manner recommended by the advisory committee and approved by the
2-17 director of the department.
2-18 3. Each agency of criminal justice shall submit the information relating
2-19 to [sexual] the offenses listed in subsection 4 of NRS 179A.190 and other
2-20 records of criminal history that it creates or issues, and any information in
2-21 its possession relating to the genetic markers of the blood and the secretor
2-22 status of the saliva of a person who is convicted of sexual assault or any
2-23 other sexual offense, to the division in the manner prescribed by the
2-24 director of the department. The information must be submitted to the
2-25 division:
2-26 (a) Through an electronic network;
2-27 (b) On a medium of magnetic storage; or
2-28 (c) In the
manner prescribed by the director of the
department,
2-29 within the period prescribed by the director of the department. If an agency
2-30 has submitted a record regarding the arrest of a person who is later
2-31 determined by the agency not to be the person who committed the
2-32 particular crime, the agency shall, immediately upon making that
2-33 determination, so notify the division. The division shall delete all
2-34 references in the central repository relating to that particular arrest.
2-35 4. The division shall, in the manner prescribed by the director of the
2-36 department:
2-37 (a) Collect, maintain and arrange all information submitted to it relating
2-38 to:
2-39 (1) [Sexual] The offenses listed in subsection 4 of NRS 179A.190
2-40 and other records of criminal history; and
2-41 (2) The genetic markers of the blood and the secretor status of the
2-42 saliva of a person who is convicted of sexual assault or any other sexual
2-43 offense.
2-44 (b) When practicable, use a record of the personal identifying
2-45 information of a subject as the basis for any records maintained regarding
2-46 him.
2-47 (c) Upon request, provide the information that is contained in the central
2-48 repository to the state disaster identification team of the division of
3-1 emergency management of the department . [of motor vehicles and public
3-2 safety.]
3-3 5. The division may:
3-4 (a) Disseminate any information which is contained in the central
3-5 repository to any other agency of criminal justice;
3-6 (b) Enter into cooperative agreements with federal and state repositories
3-7 to facilitate exchanges of information that may be disseminated pursuant to
3-8 paragraph (a); and
3-9 (c) Request of and receive from the Federal Bureau of Investigation
3-10 information on the background and personal history of any person whose
3-11 record of fingerprints the central repository submits to the Federal Bureau
3-12 of Investigation and:
3-13 (1) Who has applied to any agency of the State of Nevada or any
3-14 political subdivision thereof for a license which it has the power to grant or
3-15 deny;
3-16 (2) With whom any agency of the State of Nevada or any political
3-17 subdivision thereof intends to enter into a relationship of employment or a
3-18 contract for personal services;
3-19 (3) About whom any agency of the State of Nevada or any political
3-20 subdivision thereof has a legitimate need to have accurate personal
3-21 information for the protection of the agency or the persons within its
3-22 jurisdiction; or
3-23 (4) For whom such information is required to be obtained pursuant to
3-24 NRS 449.179.
3-25 6. The central repository shall:
3-26 (a) Collect and maintain records, reports and compilations of statistical
3-27 data submitted by any agency pursuant to subsection 2.
3-28 (b) Tabulate and analyze all records, reports and compilations of
3-29 statistical data received pursuant to this section.
3-30 (c) Disseminate to federal agencies engaged in the collection of
3-31 statistical data relating to crime information which is contained in the
3-32 central repository.
3-33 (d) Investigate the criminal history of any person who:
3-34 (1) Has applied to the superintendent of public instruction for a
3-35 license;
3-36 (2) Has applied to a county school district or a private school for
3-37 employment; or
3-38 (3) Is
employed by a county school district[,] or a
private
school,
3-39 and notify the superintendent of each county school district , the
3-40 administrator of each private school and the superintendent of public
3-41 instruction if the investigation of the central repository indicates that the
3-42 person has been convicted of a violation of NRS 200.508, 201.230,
3-43 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense
3-44 involving moral turpitude.
3-45 (e) Upon discovery, notify the superintendent of each county school
3-46 district or the administrator of each private school, as appropriate, by
3-47 providing [him] the superintendent or administrator with a list of all
3-48 persons:
4-1 (1) Investigated pursuant to paragraph (d); or
4-2 (2) Employed by a county school district or a private school whose
4-3 fingerprints were sent previously to the central
repository for
investigation,
4-4 who the central repository’s records indicate have been convicted of a
4-5 violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or
4-6 convicted of a felony or any offense involving moral turpitude since the
4-7 central repository’s initial investigation. The superintendent of each county
4-8 school district or the administrator of each private school, as applicable,
4-9 shall determine whether further investigation or action by the district or
4-10 private school, as applicable, is appropriate.
4-11 (f) Investigate the criminal history of each person who submits
4-12 fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or
4-13 449.179.
4-14 (g) On or before July 1 of each year, prepare and present to the
4-15 governor a printed annual report containing the statistical data relating to
4-16 crime received during the preceding calendar year. Additional reports may
4-17 be presented to the governor throughout the year regarding specific areas
4-18 of crime if they are recommended by the advisory committee and approved
4-19 by the director of the department.
4-20 (h) On or before July 1 of each year, prepare and submit to the director
4-21 of the legislative counsel bureau, for submission to the legislature, or the
4-22 legislative commission when the legislature is not in regular session, a
4-23 report containing statistical data about domestic violence in this state.
4-24 (i) Identify and review the collection and processing of statistical data
4-25 relating to criminal justice and the delinquency of children by any agency
4-26 identified in subsection 2, and make recommendations for any necessary
4-27 changes in the manner of collecting and processing statistical data by any
4-28 such agency.
4-29 7. The central repository may:
4-30 (a) At the recommendation of the advisory committee and in the manner
4-31 prescribed by the director of the department, disseminate compilations of
4-32 statistical data and publish statistical reports relating to crime or the
4-33 delinquency of children.
4-34 (b) Charge a reasonable fee for any publication or special report it
4-35 distributes relating to data collected pursuant to this section. The central
4-36 repository may not collect such a fee from an agency of criminal justice,
4-37 any other agency dealing with crime or the delinquency of children which
4-38 is required to submit information pursuant to subsection 2 or the state
4-39 disaster identification team of the division of emergency management of
4-40 the department . [of motor vehicles and public safety.] All money collected
4-41 pursuant to this paragraph must be used to pay for the cost of operating the
4-42 central repository.
4-43 (c) In the manner prescribed by the director of the department, use
4-44 electronic means to receive and disseminate information contained in the
4-45 central repository that it is authorized to disseminate pursuant to the
4-46 provisions of this chapter.
4-47 8. As used in this section:
5-1 (a) “Advisory committee” means the committee established by the
5-2 director of the department pursuant to NRS 179A.078.
5-3 (b) “Personal identifying information” means any information designed,
5-4 commonly used or capable of being used, alone or in conjunction with any
5-5 other information, to identify a person, including, without limitation:
5-6 (1) The name, driver’s license number, social security number, date
5-7 of birth and photograph or computer generated image of a person; and
5-8 (2) The fingerprints, voiceprint, retina image and iris image of a
5-9 person.
5-10 (c) “Private school” has the meaning ascribed to it in NRS 394.103.
5-11 Sec. 3. NRS 179A.080 is hereby amended to read as follows:
5-12 179A.080 The director of the department is responsible for
5-13 administering this chapter and may adopt regulations for that purpose. The
5-14 director shall:
5-15 1. Adopt regulations for the security of the central repository so that it
5-16 is adequately protected from fire, theft, loss, destruction, other hazards and
5-17 unauthorized access.
5-18 2. Adopt regulations and standards for personnel employed by
5-19 agencies of criminal justice in positions of responsibility for maintenance
5-20 and dissemination of information relating to [sexual] the offenses listed in
5-21 subsection 4 of NRS 179A.190 and other records of criminal history.
5-22 3. Provide for audits of informational systems by qualified public or
5-23 private agencies, organizations or persons.
5-24 Sec. 4. NRS 179A.100 is hereby amended to read as follows:
5-25 179A.100 1. The following records of criminal history may be
5-26 disseminated by an agency of criminal justice without any restriction
5-27 pursuant to this chapter:
5-28 (a) Any which reflect records of conviction only; and
5-29 (b) Any which pertain to an incident for which a person is currently
5-30 within the system of criminal justice, including parole or probation.
5-31 2. Without any restriction pursuant to this chapter, a record of criminal
5-32 history or the absence of such a record may be:
5-33 (a) Disclosed among agencies which maintain a system for the mutual
5-34 exchange of criminal records.
5-35 (b) Furnished by one agency to another to administer the system of
5-36 criminal justice, including the furnishing of information by a police
5-37 department to a district attorney.
5-38 (c) Reported to the central repository.
5-39 3. An agency of criminal justice shall disseminate to a prospective
5-40 employer, upon request, records of criminal history concerning a
5-41 prospective employee or volunteer which:
5-42 (a) Reflect convictions only; or
5-43 (b) Pertain to an incident for which the prospective employee or
5-44 volunteer is currently within the system of criminal justice, including
5-45 parole or probation.
5-46 4. The central repository shall disseminate to a prospective or current
5-47 employer, upon request, information relating to [sexual] the offenses listed
5-48 in subsection 4 of NRS 179A.190 concerning an employee, prospective
6-1 employee, volunteer or prospective volunteer who gives his written consent
6-2 to the release of that information.
6-3 5. Records of criminal history must be disseminated by an agency of
6-4 criminal justice upon request, to the following persons or governmental
6-5 entities:
6-6 (a) The person who is the subject of the record of criminal history for
6-7 the purposes of NRS 179A.150.
6-8 (b) The person who is the subject of the record of criminal history or his
6-9 attorney of record when the subject is a party in a judicial, administrative,
6-10 licensing, disciplinary or other proceeding to which the information is
6-11 relevant.
6-12 (c) The state gaming control board.
6-13 (d) The state board of nursing.
6-14 (e) The private investigator’s licensing board to investigate an applicant
6-15 for a license.
6-16 (f) A public administrator to carry out his duties as prescribed in chapter
6-17 253 of NRS.
6-18 (g) A public guardian to investigate a ward or proposed ward or persons
6-19 who may have knowledge of assets belonging to a ward or proposed ward.
6-20 (h) Any agency of criminal justice of the United States or of another
6-21 state or the District of Columbia.
6-22 (i) Any public utility subject to the jurisdiction of the public utilities
6-23 commission of Nevada when the information is necessary to conduct a
6-24 security investigation of an employee or prospective employee, or to
6-25 protect the public health, safety or welfare.
6-26 (j) Persons and agencies authorized by statute, ordinance, executive
6-27 order, court rule, court decision or court order as construed by appropriate
6-28 state or local officers or agencies.
6-29 (k) Any person or governmental entity which has entered into a contract
6-30 to provide services to an agency of criminal justice relating to the
6-31 administration of criminal justice, if authorized by the contract, and if the
6-32 contract also specifies that the information will be used only for stated
6-33 purposes and that it will be otherwise confidential in accordance with state
6-34 and federal law and regulation.
6-35 (l) Any reporter for the electronic or printed media in his professional
6-36 capacity for communication to the public.
6-37 (m) Prospective employers if the person who is the subject of the
6-38 information has given written consent to the release of that information by
6-39 the agency which maintains it.
6-40 (n) For the express purpose of research, evaluative or statistical
6-41 programs pursuant to an agreement with an agency of criminal justice.
6-42 (o) The division of child and family services of the department of
6-43 human resources and any county agency that is operated pursuant to NRS
6-44 432B.325 or authorized by a court of competent jurisdiction to receive and
6-45 investigate reports of abuse or neglect of children and which provides or
6-46 arranges for protective services for such children.
6-47 (p) The welfare division of the department of human resources or its
6-48 designated representative.
7-1 (q) An agency of this or any other state or the Federal Government that
7-2 is conducting activities pursuant to Part D of [Title] Subchapter IV of
7-3 Chapter 7 of Title 42 of the Social Security Act , [(]42 U.S.C. §§ 651 et
7-4 seq. [).]
7-5 (r) The state disaster identification team of the division of emergency
7-6 management of the department . [of motor vehicles and public safety.]
7-7 6. Agencies of criminal justice in this state which receive information
7-8 from sources outside this state concerning transactions involving criminal
7-9 justice which occur outside Nevada shall treat the information as
7-10 confidentially as is required by the provisions of this chapter.
7-11 Sec. 5. NRS 179A.110 is hereby amended to read as follows:
7-12 179A.110 No person who receives information relating to [sexual] the
7-13 offenses listed in subsection 4 of NRS 179A.190 or other records of
7-14 criminal history pursuant to this chapter may disseminate it further without
7-15 express authority of law or in accordance with a court order. This section
7-16 does not prohibit the dissemination of material by an employee of the
7-17 electronic or printed media in his professional capacity for communication
7-18 to the public.
7-19 Sec. 6. NRS 179A.130 is hereby amended to read as follows:
7-20 179A.130 Each agency of criminal justice which maintains and
7-21 disseminates information relating to [sexual] the offenses listed in
7-22 subsection 4 of NRS 179A.190 or other records of criminal history must
7-23 maintain a log of each dissemination of that information other than a
7-24 dissemination of the fact that the agency has no record relating to a certain
7-25 person. The log must be maintained for at least 1 year after the information
7-26 is disseminated, and must contain:
7-27 1. An entry showing to what agency or person the information relating
7-28 to [sexual] the offenses listed in subsection 4 of NRS 179A.190 or other
7-29 records of criminal history were provided;
7-30 2. The date on which the information was provided;
7-31 3. The person who is the subject of the information; and
7-32 4. A brief description of the information provided.
7-33 Sec. 7. NRS 179A.140 is hereby amended to read as follows:
7-34 179A.140 1. An agency of criminal justice may charge a reasonable
7-35 fee for information relating to [sexual] the offenses listed in NRS
7-36 179A.190 or other records of criminal history furnished to any person or
7-37 governmental entity except another agency of criminal justice and the state
7-38 disaster identification team of the division of emergency management of
7-39 the department . [of motor vehicles and public safety.] The central
7-40 repository shall not charge such a fee for information relating to a person
7-41 regarding whom the central repository furnished a similar report within the
7-42 immediately preceding 6 months in conjunction with the application by
7-43 that person for professional licensure.
7-44 2. All money received or collected by the department pursuant to this
7-45 section must be used to defray the cost of operating the central repository.
7-46 Sec. 8. NRS 179A.150 is hereby amended to read as follows:
7-47 179A.150 1. The central repository and each state, municipal, county
7-48 or metropolitan police agency shall permit a person, who is or believes he
7-49 may be the subject of information relating to [sexual] the offenses listed in
8-1 subsection 4 of NRS 179A.190 or other records of criminal history
8-2 maintained by that agency, to appear in person during normal business
8-3 hours of the agency and inspect any recorded information held by that
8-4 agency pertaining to him. This right of access does not extend to data
8-5 contained in intelligence, investigative or other related files, and does not
8-6 include any information other than [that defined as] information relating to
8-7 [sexual] the offenses listed in subsection 4 of NRS 179A.190 or
8-8 information in a record of criminal history.
8-9 2. Each such agency shall adopt regulations and make available
8-10 necessary forms to permit inspection and review of information relating to
8-11 [sexual] the offenses listed in NRS 179A.190 or other records of criminal
8-12 history by those persons who are the subjects thereof. The regulations must
8-13 specify:
8-14 (a) The reasonable periods during which the records are available for
8-15 inspection;
8-16 (b) The requirements for proper identification of the persons seeking
8-17 access to the records; and
8-18 (c) The reasonable charges or fees, if any, for inspecting records.
8-19 3. Each such agency shall procure for and furnish to any person who
8-20 requests it and pays a reasonable fee therefor, all of the information
8-21 contained in the central repository which pertains to the person making the
8-22 request.
8-23 4. The director of the department shall adopt regulations governing:
8-24 (a) All challenges to the accuracy or sufficiency of information relating
8-25 to [sexual] the offenses listed in subsection 4 of NRS 179A.190 or other
8-26 records of criminal history by the person who is the subject of the allegedly
8-27 inaccurate or insufficient record;
8-28 (b) The correction of any information relating to [sexual] the offenses
8-29 listed in subsection 4 of NRS 179A.190 or other record of criminal history
8-30 found by the director to be inaccurate, insufficient or incomplete in any
8-31 material respect;
8-32 (c) The dissemination of corrected information to those persons or
8-33 agencies which have previously received inaccurate or incomplete
8-34 information; and
8-35 (d) A time limit of not more than 90 days within which inaccurate or
8-36 insufficient information relating to [sexual] the offenses listed in
8-37 subsection 4 of NRS 179A.190 or other records of criminal history must be
8-38 corrected and the corrected information disseminated. The corrected
8-39 information must be sent to each person who requested the information in
8-40 the 12 months preceding the date on which the correction was made, and
8-41 notice of the correction must be sent to each person entitled thereto
8-42 pursuant to NRS 179A.210, to the address given by each person who
8-43 requested the information when the request was made.
8-44 Sec. 9. NRS 179A.180 is hereby amended to read as follows:
8-45 179A.180 As used in NRS 179A.180 to 179A.240, inclusive, unless
8-46 the context otherwise requires:
8-47 1. “Employee” means a person who renders time and services to an
8-48 employer, with or without compensation, and whose regular course of
8-49 duties places that person in a position to:
9-1 (a) Exercise supervisory or disciplinary control over children;
9-2 (b) Have direct access to or contact with children served by the
9-3 employer; or
9-4 (c) Have access to information or records maintained by the employer
9-5 relating to identifiable children served by the employer,
9-6 and includes a prospective employee, [but does not include a] volunteer or
9-7 prospective volunteer.
9-8 2. “Employer” means a person, or a governmental agency or political
9-9 subdivision of this state that is not an agency of criminal justice, whose
9-10 employees or volunteers regularly render services to children, including ,
9-11 without limitation , care, treatment, transportation, instruction,
9-12 companionship, entertainment and custody.
9-13 Sec. 10. NRS 179A.190 is hereby amended to read as follows:
9-14 179A.190 1. Notice of information relating to [sexual] the offenses
9-15 listed in subsection 4 may be disseminated to employers pursuant to NRS
9-16 179A.190 to 179A.240, inclusive.
9-17 2. An employer may consider such a notice of information concerning
9-18 an employee when making a decision to hire, retain, suspend or discharge
9-19 the employee, and is not liable in an action alleging discrimination based
9-20 upon consideration of information obtained pursuant to NRS 179A.190 to
9-21 179A.240, inclusive.
9-22 3. The provisions of NRS 179A.190 to 179A.240, inclusive, do not
9-23 limit or restrict any other statute specifically permitting the dissemination
9-24 or release of information relating to [sexual offenses.] the offenses listed in
9-25 subsection 4.
9-26 4. The offenses for which a notice of information may be
9-27 disseminated pursuant to subsection 1 includes information contained in
9-28 or concerning a record of criminal history, or the records of criminal
9-29 history of the United States or another state, relating in any way to:
9-30 (a) Information relating to sexual offenses;
9-31 (b) Murder, voluntary manslaughter or mayhem;
9-32 (c) Assault with intent to kill or to commit mayhem;
9-33 (d) Abuse or neglect of a child or contributory delinquency;
9-34 (e) A violation of any provision of chapter 453 of NRS;
9-35 (f) A violation committed within the immediately preceding 7 years of
9-36 any federal or state law regulating the possession, distribution or use of
9-37 any controlled substance or any dangerous drug as defined in chapter
9-38 454 of NRS;
9-39 (g) A violation of any provision of NRS 200.5099;
9-40 (h) A violation of any provision of NRS 484.379 or 484.3795;
9-41 (i) Any offense committed within the immediately preceding 7 years
9-42 involving fraud, theft, embezzlement, burglary, robbery, fraudulent
9-43 conversion or misappropriation of property; or
9-44 (j) Any other felony committed within the immediately preceding 7
9-45 years involving the use of a firearm or other deadly weapon.
9-46 5. The information described in subsection 4 includes acts committed
9-47 outside this state that would constitute any of the offenses listed in that
9-48 subsection if committed in this state, and the aiding, abetting, attempting
9-49 or conspiring to engage in any of the offenses listed in that subsection.
10-1 Sec. 11. NRS 179A.200 is hereby amended to read as follows:
10-2 179A.200 1. An employer may request from the central repository
10-3 notice of information relating to [sexual] the offenses listed in subsection 4
10-4 of NRS 179A.190 concerning an employee.
10-5 2. A request for notice of information relating to [sexual] the offenses
10-6 listed in subsection 4 of NRS 179A.190 from an employer must conform
10-7 to the requirements of the central repository. The request must include:
10-8 (a) The name and address of the employer, and the name and signature
10-9 of the person requesting the notice on behalf of the employer;
10-10 (b) The name and address of the employer’s facility in which the
10-11 employee is employed or seeking to become employed;
10-12 (c) The name, fingerprints and other identifying information of the
10-13 employee;
10-14 (d) Signed consent by the employee to a search of information relating
10-15 to [sexual] the offenses listed in subsection 4 of NRS 179A.190
10-16 concerning him, and for the release of a notice concerning that information;
10-17 (e) The mailing address of the employee or a signed waiver of the right
10-18 of the employee to be sent a copy of the information disseminated to the
10-19 employer as a result of the search of the records of criminal history; and
10-20 (f) The signature of the employee indicating that he has been notified
10-21 of:
10-22 (1) The types of information for which notice is subject to
10-23 dissemination pursuant to NRS 179A.210, or a description of the
10-24 information;
10-25 (2) The employer’s right to require a check of the records of criminal
10-26 history as a condition of employment; and
10-27 (3) The employee’s right, pursuant to NRS 179A.150, to challenge
10-28 the accuracy or sufficiency of any information disseminated to the
10-29 employer.
10-30 Sec. 12. NRS 179A.210 is hereby amended to read as follows:
10-31 179A.210 1. Upon receipt of a request from an employer for notice
10-32 of information relating to [sexual offenses,] the offenses listed in
10-33 subsection 4 of NRS 179A.190, the central repository shall undertake a
10-34 search for the information, unless the request does not conform to the
10-35 requirements of the repository. The search must be based on the
10-36 [employee’s fingerprints,] fingerprints of the employee, or on a number
10-37 furnished to the employee for identification pursuant to a previous search,
10-38 as provided by the employer, and must include:
10-39 (a) Identifying any information relating to [sexual] the offenses listed in
10-40 subsection 4 of NRS 179A.190 concerning the employee in the central
10-41 repository;
10-42 (b) Requesting information relating to [sexual] the offenses listed in
10-43 subsection 4 of NRS 179A.190 concerning the employee from federal
10-44 repositories and repositories of other states, if authorized by federal law or
10-45 an agreement entered into pursuant to NRS 179A.075;
10-46 (c) If the information pertains to an arrest for which no disposition has
10-47 been reported, contacting appropriate officers in the local jurisdiction
10-48 where the arrest or prosecution occurred to verify and update the
10-49 information; and
11-1 (d) Determining whether the information relating to [sexual] the
11-2 offenses listed in subsection 4 of NRS 179A.190 is the type of information
11-3 for which notice is subject to dissemination pursuant to this section.
11-4 2. Notice of information relating to [sexual] the offenses listed in
11-5 subsection 4 of NRS 179A.190 may be disseminated to an employer who
11-6 has requested it only if a check of the pertinent records indicates:
11-7 (a) A conviction for [a sexual] any such offense, or a conviction based
11-8 on an arrest or on an initial charge for [a sexual] any such offense;
11-9 (b) An arrest or an initial charge for [a sexual] any such offense that is
11-10 pending at the time of the request; or
11-11 (c) Two or more incidents resulting in arrest or initial charge for [a
11-12 sexual] any such offense that have not resulted in a conviction.
11-13 3. If a search of the records of the central repository reveals no
11-14 information for which notice is subject to release, the central repository
11-15 shall submit the fingerprints of the employee to the Federal Bureau of
11-16 Investigation for a search of its records of criminal history. The central
11-17 repository shall review all information received from the Federal Bureau of
11-18 Investigation. Notice of any information received from the Federal Bureau
11-19 of Investigation may be disseminated only if the information is of a kind
11-20 for which notice is subject to release pursuant to this section.
11-21 4. Within 30 days after receipt of a request by an employer for notice
11-22 of information relating to [sexual offenses,] the offenses listed in
11-23 subsection 4 of NRS 179A.190, the central repository shall send a written
11-24 report of the results of the search to the employer and to the employee,
11-25 except that if the employee has waived his right to receive the results of the
11-26 search, the report must be sent only to the employer. If the search revealed:
11-27 (a) No information for which notice is subject to release, the report must
11-28 include a statement to that effect; or
11-29 (b) Information about the employee for which notice is subject to
11-30 release, the report must include a notice of the type of information, limited
11-31 to the descriptions set forth in subsection 2, revealed by the search. The
11-32 notice must not include any further facts or details concerning the
11-33 information. A statement of the purpose for which the notice is being
11-34 disseminated, and the procedures by which the employee might challenge
11-35 the accuracy and sufficiency of the information, must also be included with
11-36 the report.
11-37 5. Upon receipt of corrected information relating to [sexual] the
11-38 offenses listed in subsection 4 of NRS 179A.190 for which notice was
11-39 disseminated under this section, the central repository shall send written
11-40 notice of the correction to:
11-41 (a) The employee who was the subject of the search, unless the
11-42 employee has waived his right to receive such a notice;
11-43 (b) All employers to whom notice of the results of the search were
11-44 disseminated within 3 months before the correction; and
11-45 (c) Upon request of the employee, any other employers who previously
11-46 received the information.
11-47 6. Upon receipt of new information relating to [sexual] the offenses
11-48 listed in subsection 4 of NRS 179A.190 concerning an employee who was
11-49 the subject of a search within the previous 3 months, for which notice is
12-1 subject to dissemination under this section, the central repository shall send
12-2 written notice of the information to:
12-3 (a) The employee who was the subject of the search, unless the
12-4 employee has waived his right to receive such a notice;
12-5 (b) All employers to whom a report of the results of the search were
12-6 disseminated within 3 months before the correction; and
12-7 (c) Upon request of the employee, any other employers who previously
12-8 received a report of the results of the search.
12-9 Sec. 13. NRS 179A.230 is hereby amended to read as follows:
12-10 179A.230 1. A person who is the subject of a request for notice of
12-11 information [relating to sexual offenses] pursuant to NRS 179A.190 to
12-12 179A.240, inclusive, may recover his actual damages in a civil action
12-13 against:
12-14 (a) The central repository for an intentional or grossly negligent:
12-15 (1) Dissemination of information relating to [sexual] the offenses
12-16 listed in subsection 4 of NRS 179A.190 not authorized for dissemination;
12-17 or
12-18 (2) Release of information relating to [sexual] the offenses listed in
12-19 subsection 4 of NRS 179A.190 to a person not authorized to receive the
12-20 information;
12-21 (b) The central repository for an intentional or grossly negligent failure
12-22 to correct any notice of information relating to [sexual] the offenses listed
12-23 in subsection 4 of NRS 179A.190 which was disseminated pursuant to
12-24 NRS 179A.190 to 179A.240, inclusive; or
12-25 (c) An employer, representative of an employer or employee for an
12-26 intentional or grossly negligent violation of NRS 179A.110. Punitive
12-27 damages may be awarded against an employer, representative of an
12-28 employer or employee whose violation of NRS 179A.110 is malicious.
12-29 2. An employer is liable to a child served by the employer for damages
12-30 suffered by the child as a result of [a sexual] an offense listed in
12-31 subsection 4 of NRS 179A.190 committed against the child by an
12-32 employee [hired on or after January 1, 1988,] if, at the time the employer
12-33 hired the employee, the employee was the subject of information relating to
12-34 [sexual] the offenses for which notice was available for dissemination to
12-35 the employer and the employer:
12-36 (a) Failed, without good cause, to request notice of the information
12-37 pursuant to NRS 179A.190 to 179A.240, inclusive; or
12-38 (b) Was unable to obtain the information because the employee refused
12-39 to consent to the search and release of the information, and the employer
12-40 hired or retained the employee despite this refusal.
12-41 The amount of damages for which an employer is liable pursuant to this
12-42 subsection must be reduced by the amount of damages recovered by the
12-43 child in an action against the employee for damages sustained as a result of
12-44 [the sexual offense.] an offense listed in subsection 4 of NRS 179A.190.
12-45 3. An action pursuant to this section must be brought within 3 years
12-46 after:
12-47 (a) The occurrence upon which the action is based; or
13-1 (b) The date upon which the party bringing the action became aware or
13-2 reasonably should have become aware of the occurrence, whichever was
13-3 earlier, if he was not aware of the occurrence at the time of the occurrence.
13-4 4. This section does not limit or affect any other rights, claims or
13-5 causes of action arising by statute or common law.
13-6 Sec. 14. NRS 179A.240 is hereby amended to read as follows:
13-7 179A.240 A person who knowingly and willfully:
13-8 1. Uses NRS 179A.190 to 179A.240, inclusive, to obtain or seek to
13-9 obtain information relating to [sexual] the offenses listed in subsection 4
13-10 of NRS 179A.190 under false pretenses;
13-11 2. Disseminates or attempts to disseminate information relating to
13-12 [sexual] the offenses listed in subsection 4 of NRS 179A.190 that he
13-13 knows was not received in accordance with the provisions of this chapter;
13-14 or
13-15 3. Disseminates or attempts to disseminate information relating to
13-16 [sexual] the offenses listed in subsection 4 of NRS 179A.190 that he
13-17 knows is false, inaccurate or incomplete,
13-18 is guilty of a misdemeanor.
13-19 Sec. 15. NRS 179A.310 is hereby amended to read as follows:
13-20 179A.310 1. The revolving account to investigate the background of
13-21 volunteers who work with children is hereby created in the state general
13-22 fund.
13-23 2. The director of the department shall administer the account to
13-24 investigate the background of volunteers who work with children. The
13-25 money in the account must be expended only to pay the costs of the central
13-26 repository to process requests from nonprofit agencies to determine
13-27 whether a volunteer of a nonprofit agency who works directly with
13-28 children or a prospective volunteer of the nonprofit agency who will work
13-29 directly with children has committed [a sexual offense.] an offense listed
13-30 in subsection 4 of NRS 179A.190. The existence of the account to
13-31 investigate the background of volunteers who work with children does not
13-32 create a right in any person to receive money from the account.
13-33 3. The director of the department may apply for and accept any gift,
13-34 donation, bequest, grant or other source of money. Any money so received
13-35 must be deposited in the account to investigate the background of
13-36 volunteers who work with children.
13-37 4. The interest and income earned on money in the account from any
13-38 gift, donation[,] or bequest, after deducting any applicable charges, must
13-39 be credited to the account. Money from any gift, donation[,] or bequest
13-40 that remains in the account at the end of the fiscal year does not revert to
13-41 the state general fund, and the balance in the account must be carried
13-42 forward to the next fiscal year.
13-43 5. The director of the department shall adopt regulations to carry out
13-44 the provisions of this section. The regulations must include, without
13-45 limitation:
13-46 (a) The procedure by which a person may apply for a grant of money
13-47 from the account to investigate the background of volunteers who work
13-48 with children;
14-1 (b) The criteria that the department will consider in determining
14-2 whether to award such a grant of money from the account; and
14-3 (c) Procedures to distribute the money in the account in a fair and
14-4 equitable manner.
14-5 6. The [following facts] fact that a nonprofit agency did not apply for
14-6 a grant of money from the account must not be considered as evidence of
14-7 negligence or causation in any civil action brought against a nonprofit
14-8 agency . [:
14-9 (a) The fact that the nonprofit agency did not apply for a grant of money
14-10 from the account.
14-11 (b) The fact that the nonprofit agency did not request that the central
14-12 repository, through the use of the account, determine whether a volunteer
14-13 or prospective volunteer of the nonprofit agency has committed a sexual
14-14 offense.]
14-15 Sec. 16. NRS 179B.250 is hereby amended to read as follows:
14-16 179B.250 1. The department shall, in a manner prescribed by the
14-17 director, establish within the central repository a program to provide the
14-18 public with access to certain information contained in the statewide
14-19 registry. The program may include, but is not limited to, the use of a secure
14-20 website on the Internet or other electronic means of communication to
14-21 provide the public with access to certain information contained in the
14-22 statewide registry if such information is made available and disclosed in
14-23 accordance with the procedures set forth in this section.
14-24 2. Before a search of the statewide registry is conducted on behalf of a
14-25 requester seeking information from the program, the requester must
14-26 provide his name, address and telephone number and the following
14-27 information concerning the identity of the subject of the search:
14-28 (a) The name of the subject of the search and at least one of the
14-29 following items:
14-30 (1) The social security number of the subject of the search;
14-31 (2) The identification number from a driver’s license or an
14-32 identification card issued to the subject of the search by this state; or
14-33 (3) The date of birth of the subject of the search; or
14-34 (b) The name and address of the subject of the search and all of the
14-35 following items:
14-36 (1) The race or ethnicity of the subject of the search;
14-37 (2) The hair color and eye color of the subject of the search;
14-38 (3) The approximate height and weight of the subject of the search;
14-39 and
14-40 (4) The approximate age of the subject of the search.
14-41 After conducting a search based upon information provided pursuant to
14-42 paragraph (a) or (b), the central repository may require the requester to
14-43 provide additional information to confirm the identity of the subject of the
14-44 search. The additional information may include, but is not limited to, the
14-45 license number from a motor vehicle frequently driven by the subject of the
14-46 search, the employer of the subject of the search or any information listed
14-47 in paragraph (a) or (b) that was not provided for the initial search.
14-48 3. After conducting a search of the statewide registry on behalf of a
14-49 requester, the central repository shall inform the requester that:
15-1 (a) No person listed in the statewide registry matches the information
15-2 provided by the requester concerning the identity of the subject of the
15-3 search;
15-4 (b) The requester needs to provide additional information concerning
15-5 the identity of the subject of the search before the central repository may
15-6 disclose the results of the search; or
15-7 (c) A person listed in the statewide registry matches the information
15-8 provided by the requester concerning the identity of the subject of the
15-9 search. If a search of the statewide registry results in a match pursuant to
15-10 this paragraph, the central repository:
15-11 (1) Shall inform the requester of each offense for which the subject of
15-12 the search was convicted and the date and location of each conviction.
15-13 (2) May, through the use of a secure website on the Internet or other
15-14 electronic means of communication, provide the requester with a
15-15 photographic image of the subject of the search if such an image is
15-16 available.
15-17 (3) Shall not provide the requester with any other information that is
15-18 included in the record of registration for the subject of the search.
15-19 4. For each inquiry to the program, the central repository shall:
15-20 (a) Charge a fee to the requester;
15-21 (b) Maintain a log of the information provided by the requester to the
15-22 central repository and the information provided by the central repository to
15-23 the requester; and
15-24 (c) Inform the requester that information obtained through the program
15-25 may not be used to violate the law or the individual rights of another
15-26 person and that such misuse of information obtained through the program
15-27 may subject the requester to criminal prosecution or civil liability for
15-28 damages.
15-29 5. A person may not use information obtained through the program as
15-30 a substitute for information relating to [sexual] the offenses listed in
15-31 subsection 4 of NRS 179A.190 that must be provided by the central
15-32 repository pursuant to NRS 179A.190 to 179A.240, inclusive, or another
15-33 provision of law.
15-34 Sec. 17. NRS 179A.065 is hereby repealed.
15-35 Sec. 18. The amendatory provisions of section 14 of this act do not
15-36 apply to offenses committed before July 1, 2001.
15-37 Sec. 19. This act becomes effective on July 1, 2001.
15-38 TEXT OF REPEALED SECTION
15-39 179A.065 “Information relating to sexual offenses” defined.
15-40 “Information relating to sexual offenses” means information contained in
15-41 or concerning a record of criminal history, or the records of criminal
15-42 history of the United States or another state, relating in any way to a
15-43 sexual offense.
15-44 H