(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINTA.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, and may notify employers of the information in accordance with
1-16 NRS 179A.190 to 179A.240, inclusive.
1-17 3. Records which have been sealed pursuant to NRS 179.245 or
1-18 179.255 and which are retained in the statewide registry established
2-1 pursuant to NRS 179B.200 may be inspected pursuant to chapter 179B of
2-2 NRS by an officer or employee of the central repository for Nevada
2-3 records of criminal history or a law enforcement officer in the regular
2-4 course of his duties.
2-5 4. As used in this section:
2-6 (a) “Information relating to sexual offenses” means information
2-7 contained in or concerning a record of criminal history, or the records of
2-8 criminal history of the United States or another state, relating in any way
2-9 to a sexual offense.
2-10 (b) “Sexual offense” has the meaning ascribed to it in NRS 179A.073.
2-11 Sec. 2. NRS 179A.075 is hereby amended to read as follows:
2-12 179A.075 1. The central repository for Nevada records of criminal
2-13 history is hereby created within the Nevada highway patrol division of the
2-14 department.
2-15 2. Each agency of criminal justice and any other agency dealing with
2-16 crime or delinquency of children shall:
2-17 (a) Collect and maintain records, reports and compilations of statistical
2-18 data required by the department; and
2-19 (b) Submit the information collected to the central repository in the
2-20 manner recommended by the advisory committee and approved by the
2-21 director of the department.
2-22 3. Each agency of criminal justice shall submit the information relating
2-23 to [sexual offenses and other] records of criminal history that it creates or
2-24 issues, and any information in its possession relating to the genetic markers
2-25 of the blood and the secretor status of the saliva of a person who is
2-26 convicted of sexual assault or any other sexual offense, to the division in
2-27 the manner prescribed by the director of the department. The information
2-28 must be submitted to the division:
2-29 (a) Through an electronic network;
2-30 (b) On a medium of magnetic storage; or
2-31 (c) In the manner prescribed by the director of the
2-32 department,
2-33 within the period prescribed by the director of the department. If an agency
2-34 has submitted a record regarding the arrest of a person who is later
2-35 determined by the agency not to be the person who committed the
2-36 particular crime, the agency shall, immediately upon making that
2-37 determination, so notify the division. The division shall delete all
2-38 references in the central repository relating to that particular arrest.
2-39 4. The division shall, in the manner prescribed by the director of the
2-40 department:
2-41 (a) Collect, maintain and arrange all information submitted to it relating
2-42 to:
2-43 (1) [Sexual offenses and other records] Records of criminal history;
2-44 and
2-45 (2) The genetic markers of the blood and the secretor status of the
2-46 saliva of a person who is convicted of sexual assault or any other sexual
2-47 offense.
3-1 (b) When practicable, use a record of the personal identifying
3-2 information of a subject as the basis for any records maintained regarding
3-3 him.
3-4 (c) Upon request, provide the information that is contained in the central
3-5 repository to the state disaster identification team of the division of
3-6 emergency management of the department . [of motor vehicles and public
3-7 safety.]
3-8 5. The division may:
3-9 (a) Disseminate any information which is contained in the central
3-10 repository to any other agency of criminal justice;
3-11 (b) Enter into cooperative agreements with federal and state repositories
3-12 to facilitate exchanges of information that may be disseminated pursuant to
3-13 paragraph (a); and
3-14 (c) Request of and receive from the Federal Bureau of Investigation
3-15 information on the background and personal history of any person whose
3-16 record of fingerprints the central repository submits to the Federal Bureau
3-17 of Investigation and:
3-18 (1) Who has applied to any agency of the State of Nevada or any
3-19 political subdivision thereof for a license which it has the power to grant or
3-20 deny;
3-21 (2) With whom any agency of the State of Nevada or any political
3-22 subdivision thereof intends to enter into a relationship of employment or a
3-23 contract for personal services;
3-24 (3) About whom any agency of the State of Nevada or any political
3-25 subdivision thereof has a legitimate need to have accurate personal
3-26 information for the protection of the agency or the persons within its
3-27 jurisdiction; or
3-28 (4) For whom such information is required to be obtained pursuant to
3-29 NRS 449.179.
3-30 6. The central repository shall:
3-31 (a) Collect and maintain records, reports and compilations of statistical
3-32 data submitted by any agency pursuant to subsection 2.
3-33 (b) Tabulate and analyze all records, reports and compilations of
3-34 statistical data received pursuant to this section.
3-35 (c) Disseminate to federal agencies engaged in the collection of
3-36 statistical data relating to crime information which is contained in the
3-37 central repository.
3-38 (d) Investigate the criminal history of any person who:
3-39 (1) Has applied to the superintendent of public instruction for a
3-40 license;
3-41 (2) Has applied to a county school district or a private school for
3-42 employment; or
3-43 (3) Is employed by a county school district[,] or a private
3-44 school,
3-45 and notify the superintendent of each county school district , the
3-46 administrator of each private school and the superintendent of public
3-47 instruction if the investigation of the central repository indicates that the
3-48 person has been convicted of a violation of NRS 200.508, 201.230,
4-1 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense
4-2 involving moral turpitude.
4-3 (e) Upon discovery, notify the superintendent of each county school
4-4 district or the administrator of each private school, as appropriate, by
4-5 providing [him] the superintendent or administrator with a list of all
4-6 persons:
4-7 (1) Investigated pursuant to paragraph (d); or
4-8 (2) Employed by a county school district or a private school whose
4-9 fingerprints were sent previously to the central repository for
4-10 investigation,
4-11 who the central repository’s records indicate have been convicted of a
4-12 violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or
4-13 convicted of a felony or any offense involving moral turpitude since the
4-14 central repository’s initial investigation. The superintendent of each county
4-15 school district or the administrator of each private school, as applicable,
4-16 shall determine whether further investigation or action by the district or
4-17 private school, as applicable, is appropriate.
4-18 (f) Investigate the criminal history of each person who submits
4-19 fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or
4-20 449.179.
4-21 (g) On or before July 1 of each year, prepare and present to the
4-22 governor a printed annual report containing the statistical data relating to
4-23 crime received during the preceding calendar year. Additional reports may
4-24 be presented to the governor throughout the year regarding specific areas
4-25 of crime if they are recommended by the advisory committee and approved
4-26 by the director of the department.
4-27 (h) On or before July 1 of each year, prepare and submit to the director
4-28 of the legislative counsel bureau, for submission to the legislature, or the
4-29 legislative commission when the legislature is not in regular session, a
4-30 report containing statistical data about domestic violence in this state.
4-31 (i) Identify and review the collection and processing of statistical data
4-32 relating to criminal justice and the delinquency of children by any agency
4-33 identified in subsection 2, and make recommendations for any necessary
4-34 changes in the manner of collecting and processing statistical data by any
4-35 such agency.
4-36 7. The central repository may:
4-37 (a) At the recommendation of the advisory committee and in the manner
4-38 prescribed by the director of the department, disseminate compilations of
4-39 statistical data and publish statistical reports relating to crime or the
4-40 delinquency of children.
4-41 (b) Charge a reasonable fee for any publication or special report it
4-42 distributes relating to data collected pursuant to this section. The central
4-43 repository may not collect such a fee from an agency of criminal justice,
4-44 any other agency dealing with crime or the delinquency of children which
4-45 is required to submit information pursuant to subsection 2 or the state
4-46 disaster identification team of the division of emergency management of
4-47 the department . [of motor vehicles and public safety.] All money collected
4-48 pursuant to this paragraph must be used to pay for the cost of operating the
4-49 central repository.
5-1 (c) In the manner prescribed by the director of the department, use
5-2 electronic means to receive and disseminate information contained in the
5-3 central repository that it is authorized to disseminate pursuant to the
5-4 provisions of this chapter.
5-5 8. As used in this section:
5-6 (a) “Advisory committee” means the committee established by the
5-7 director of the department pursuant to NRS 179A.078.
5-8 (b) “Personal identifying information” means any information designed,
5-9 commonly used or capable of being used, alone or in conjunction with any
5-10 other information, to identify a person, including, without limitation:
5-11 (1) The name, driver’s license number, social security number, date
5-12 of birth and photograph or computer generated image of a person; and
5-13 (2) The fingerprints, voiceprint, retina image and iris image of a
5-14 person.
5-15 (c) “Private school” has the meaning ascribed to it in NRS 394.103.
5-16 Sec. 3. NRS 179A.080 is hereby amended to read as follows:
5-17 179A.080 The director of the department is responsible for
5-18 administering this chapter and may adopt regulations for that purpose. The
5-19 director shall:
5-20 1. Adopt regulations for the security of the central repository so that it
5-21 is adequately protected from fire, theft, loss, destruction, other hazards and
5-22 unauthorized access.
5-23 2. Adopt regulations and standards for personnel employed by
5-24 agencies of criminal justice in positions of responsibility for maintenance
5-25 and dissemination of information relating to [sexual offenses and other]
5-26 records of criminal history [.] and information disseminated pursuant to
5-27 NRS 179A.180 to 179A.240, inclusive.
5-28 3. Provide for audits of informational systems by qualified public or
5-29 private agencies, organizations or persons.
5-30 Sec. 4. NRS 179A.100 is hereby amended to read as follows:
5-31 179A.100 1. The following records of criminal history may be
5-32 disseminated by an agency of criminal justice without any restriction
5-33 pursuant to this chapter:
5-34 (a) Any which reflect records of conviction only; and
5-35 (b) Any which pertain to an incident for which a person is currently
5-36 within the system of criminal justice, including parole or probation.
5-37 2. Without any restriction pursuant to this chapter, a record of criminal
5-38 history or the absence of such a record may be:
5-39 (a) Disclosed among agencies which maintain a system for the mutual
5-40 exchange of criminal records.
5-41 (b) Furnished by one agency to another to administer the system of
5-42 criminal justice, including the furnishing of information by a police
5-43 department to a district attorney.
5-44 (c) Reported to the central repository.
5-45 3. An agency of criminal justice shall disseminate to a prospective
5-46 employer, upon request, records of criminal history concerning a
5-47 prospective employee or volunteer which:
5-48 (a) Reflect convictions only; or
6-1 (b) Pertain to an incident for which the prospective employee or
6-2 volunteer is currently within the system of criminal justice, including
6-3 parole or probation.
6-4 4. [The central repository shall disseminate to a prospective or current
6-5 employer, upon request, information relating to sexual offenses concerning
6-6 an employee, prospective employee, volunteer or prospective volunteer
6-7 who gives his written consent to the release of the information.
6-8 5.] Records of criminal history must be disseminated by an agency of
6-9 criminal justice upon request, to the following persons or governmental
6-10 entities:
6-11 (a) The person who is the subject of the record of criminal history for
6-12 the purposes of NRS 179A.150.
6-13 (b) The person who is the subject of the record of criminal history or his
6-14 attorney of record when the subject is a party in a judicial, administrative,
6-15 licensing, disciplinary or other proceeding to which the information is
6-16 relevant.
6-17 (c) The state gaming control board.
6-18 (d) The state board of nursing.
6-19 (e) The private investigator’s licensing board to investigate an applicant
6-20 for a license.
6-21 (f) A public administrator to carry out his duties as prescribed in chapter
6-22 253 of NRS.
6-23 (g) A public guardian to investigate a ward or proposed ward or persons
6-24 who may have knowledge of assets belonging to a ward or proposed ward.
6-25 (h) Any agency of criminal justice of the United States or of another
6-26 state or the District of Columbia.
6-27 (i) Any public utility subject to the jurisdiction of the public utilities
6-28 commission of Nevada when the information is necessary to conduct a
6-29 security investigation of an employee or prospective employee, or to
6-30 protect the public health, safety or welfare.
6-31 (j) Persons and agencies authorized by statute, ordinance, executive
6-32 order, court rule, court decision or court order as construed by appropriate
6-33 state or local officers or agencies.
6-34 (k) Any person or governmental entity which has entered into a contract
6-35 to provide services to an agency of criminal justice relating to the
6-36 administration of criminal justice, if authorized by the contract, and if the
6-37 contract also specifies that the information will be used only for stated
6-38 purposes and that it will be otherwise confidential in accordance with state
6-39 and federal law and regulation.
6-40 (l) Any reporter for the electronic or printed media in his professional
6-41 capacity for communication to the public.
6-42 (m) Prospective or current employers of prospective or current
6-43 employees or volunteers if the person who is the subject of the information
6-44 has given written consent to the release of that information by the agency
6-45 which maintains it.
6-46 (n) For the express purpose of research, evaluative or statistical
6-47 programs pursuant to an agreement with an agency of criminal justice.
6-48 (o) The division of child and family services of the department of
6-49 human resources and any county agency that is operated pursuant to NRS
7-1 432B.325 or authorized by a court of competent jurisdiction to receive and
7-2 investigate reports of abuse or neglect of children and which provides or
7-3 arranges for protective services for such children.
7-4 (p) The welfare division of the department of human resources or its
7-5 designated representative.
7-6 (q) An agency of this or any other state or the Federal Government that
7-7 is conducting activities pursuant to Part D of [Title] Subchapter IV of
7-8 Chapter 7 of Title 42 of the Social Security Act , [(]42 U.S.C. §§ 651 et
7-9 seq. [).]
7-10 (r) The state disaster identification team of the division of emergency
7-11 management of the department . [of motor vehicles and public safety.
7-12 6.] 5. Agencies of criminal justice in this state which receive
7-13 information from sources outside this state concerning transactions
7-14 involving criminal justice which occur outside Nevada shall treat the
7-15 information as confidentially as is required by the provisions of this
7-16 chapter.
7-17 Sec. 5. NRS 179A.110 is hereby amended to read as follows:
7-18 179A.110 No person who receives information relating to [sexual
7-19 offenses or other] records of criminal history pursuant to this chapter or
7-20 who receives information pursuant to NRS 179A.180 to 179A.240,
7-21 inclusive, may disseminate it further without express authority of law or in
7-22 accordance with a court order. This section does not prohibit the
7-23 dissemination of material by an employee of the electronic or printed
7-24 media in his professional capacity for communication to the public.
7-25 Sec. 6. NRS 179A.130 is hereby amended to read as follows:
7-26 179A.130 Each agency of criminal justice which maintains and
7-27 disseminates information relating to [sexual offenses or other] records of
7-28 criminal history must maintain a log of each dissemination of that
7-29 information other than a dissemination of the fact that the agency has no
7-30 record relating to a certain person. The log must be maintained for at least
7-31 1 year after the information is disseminated, and must contain:
7-32 1. An entry showing to what agency or person the information relating
7-33 to [sexual offenses or other] records of criminal history were provided;
7-34 2. The date on which the information was provided;
7-35 3. The person who is the subject of the information; and
7-36 4. A brief description of the information provided.
7-37 Sec. 7. NRS 179A.140 is hereby amended to read as follows:
7-38 179A.140 1. [An] Except as otherwise provided in this subsection,
7-39 an agency of criminal justice may charge a reasonable fee for information
7-40 relating to [sexual offenses or other] records of criminal history [furnished]
7-41 provided to any person or governmental entity . [except] An agency of
7-42 criminal justice shall not charge a fee for providing such information to
7-43 another agency of criminal justice [and] if the information is provided for
7-44 purposes of the administration of criminal justice, or for providing such
7-45 information to the state disaster identification team of the division of
7-46 emergency management of the department . [of motor vehicles and public
7-47 safety.] The central repository shall not charge such a fee for information
7-48 relating to a person regarding whom the central repository [furnished]
8-1 provided a similar report within the immediately preceding 6 months in
8-2 conjunction with the application by that person for professional licensure.
8-3 2. All money received or collected by the department pursuant to this
8-4 section must be used to defray the cost of operating the central repository.
8-5 Sec. 8. NRS 179A.150 is hereby amended to read as follows:
8-6 179A.150 1. The central repository and each state, municipal, county
8-7 or metropolitan police agency shall permit a person, who is or believes he
8-8 may be the subject of information relating to [sexual offenses or other]
8-9 records of criminal history maintained by that agency, to appear in person
8-10 during normal business hours of the agency and inspect any recorded
8-11 information held by that agency pertaining to him. This right of access
8-12 does not extend to data contained in intelligence, investigative or other
8-13 related files, and does not include any information other than [that defined
8-14 as information relating to sexual offenses or] information contained in a
8-15 record of criminal history.
8-16 2. Each such agency shall adopt regulations and make available
8-17 necessary forms to permit inspection and review of information relating to
8-18 [sexual offenses or other] records of criminal history by those persons who
8-19 are the subjects thereof. The regulations must specify:
8-20 (a) The reasonable periods during which the records are available for
8-21 inspection;
8-22 (b) The requirements for proper identification of the persons seeking
8-23 access to the records; and
8-24 (c) The reasonable charges or fees, if any, for inspecting records.
8-25 3. Each such agency shall procure for and furnish to any person who
8-26 requests it and pays a reasonable fee therefor, all of the information
8-27 contained in the central repository which pertains to the person making the
8-28 request.
8-29 4. The director of the department shall adopt regulations governing:
8-30 (a) All challenges to the accuracy or sufficiency of information relating
8-31 to [sexual offenses or other] records of criminal history by the person who
8-32 is the subject of the allegedly inaccurate or insufficient record;
8-33 (b) The correction of any information relating to [sexual offenses or
8-34 other record] records of criminal history found by the director to be
8-35 inaccurate, insufficient or incomplete in any material respect;
8-36 (c) The dissemination of corrected information to those persons or
8-37 agencies which have previously received inaccurate or incomplete
8-38 information; and
8-39 (d) A time limit of not more than 90 days within which inaccurate or
8-40 insufficient information relating to [sexual offenses or other] records of
8-41 criminal history must be corrected and the corrected information
8-42 disseminated. The corrected information must be sent to each person who
8-43 requested the information in the 12 months preceding the date on which the
8-44 correction was made, and notice of the correction must be sent to each
8-45 person entitled thereto pursuant to NRS 179A.210, to the address given by
8-46 each person who requested the information when the request was made.
8-47 Sec. 9. NRS 179A.180 is hereby amended to read as follows:
8-48 179A.180 As used in NRS 179A.180 to 179A.240, inclusive, unless
8-49 the context otherwise requires:
9-1 1. “Employee” means a person who renders time and services to an
9-2 employer, with or without compensation, and whose regular course of
9-3 duties places that person in a position to:
9-4 (a) Exercise supervisory or disciplinary control over children;
9-5 (b) Have direct access to or contact with children served by the
9-6 employer; or
9-7 (c) Have access to information or records maintained by the employer
9-8 relating to identifiable children served by the employer,
9-9 and includes a prospective employee, [but does not include a] volunteer or
9-10 prospective volunteer.
9-11 2. “Employer” means a person, or a governmental agency or political
9-12 subdivision of this state that is not an agency of criminal justice, whose
9-13 employees or volunteers regularly render services to children, including ,
9-14 without limitation , care, treatment, transportation, instruction,
9-15 companionship, entertainment and custody.
9-16 Sec. 10. NRS 179A.190 is hereby amended to read as follows:
9-17 179A.190 1. Notice of information relating to [sexual] the offenses
9-18 listed in subsection 4 may be disseminated to employers pursuant to NRS
9-19 179A.190 to 179A.240, inclusive.
9-20 2. An employer may consider such a notice of information concerning
9-21 an employee when making a decision to hire, retain, suspend or discharge
9-22 the employee, and is not liable in an action alleging discrimination based
9-23 upon consideration of information obtained pursuant to NRS 179A.190 to
9-24 179A.240, inclusive.
9-25 3. The provisions of NRS 179A.190 to 179A.240, inclusive, do not
9-26 limit or restrict any other statute specifically permitting the dissemination
9-27 or release of information relating to [sexual offenses.] the offenses listed in
9-28 subsection 4.
9-29 4. The offenses for which a notice of information may be
9-30 disseminated pursuant to subsection 1 includes information contained in
9-31 or concerning a record of criminal history, or the records of criminal
9-32 history of the United States or another state, relating in any way to:
9-33 (a) A sexual offense;
9-34 (b) Murder, voluntary manslaughter or mayhem;
9-35 (c) Assault with intent to kill or to commit mayhem;
9-36 (d) Abuse or neglect of a child or contributory delinquency;
9-37 (e) A violation of any provision of chapter 453 of NRS;
9-38 (f) A violation committed within the immediately preceding 7 years of
9-39 any federal or state law regulating the possession, distribution or use of
9-40 any controlled substance or any dangerous drug as defined in chapter
9-41 454 of NRS;
9-42 (g) A violation of any provision of NRS 200.5099;
9-43 (h) A violation of any provision of NRS 484.379 or 484.3795;
9-44 (i) Any offense committed within the immediately preceding 7 years
9-45 involving fraud, theft, embezzlement, burglary, robbery, fraudulent
9-46 conversion or misappropriation of property; or
9-47 (j) Any other felony committed within the immediately preceding 7
9-48 years involving the use of a firearm or other deadly weapon.
10-1 5. The information described in subsection 4 includes acts committed
10-2 outside this state that would constitute any of the offenses listed in that
10-3 subsection if committed in this state, and the aiding, abetting, attempting
10-4 or conspiring to engage in any of the offenses listed in that subsection.
10-5 Sec. 11. NRS 179A.200 is hereby amended to read as follows:
10-6 179A.200 1. An employer may request from the central repository
10-7 notice of information relating to [sexual] the offenses listed in subsection 4
10-8 of NRS 179A.190 concerning an employee.
10-9 2. A request for notice of information relating to [sexual] the offenses
10-10 listed in subsection 4 of NRS 179A.190 from an employer must conform
10-11 to the requirements of the central repository. The request must include:
10-12 (a) The name and address of the employer, and the name and signature
10-13 of the person requesting the notice on behalf of the employer;
10-14 (b) The name and address of the employer’s facility in which the
10-15 employee is employed or seeking to become employed;
10-16 (c) The name, fingerprints and other identifying information of the
10-17 employee;
10-18 (d) Signed consent by the employee to a search of information relating
10-19 to [sexual] the offenses listed in subsection 4 of NRS 179A.190
10-20 concerning him, and for the release of a notice concerning that information;
10-21 (e) The mailing address of the employee or a signed waiver of the right
10-22 of the employee to be sent a copy of the information disseminated to the
10-23 employer as a result of the search of the records of criminal history; and
10-24 (f) The signature of the employee indicating that he has been notified
10-25 of:
10-26 (1) The types of information for which notice is subject to
10-27 dissemination pursuant to NRS 179A.210, or a description of the
10-28 information;
10-29 (2) The employer’s right to require a check of the records of criminal
10-30 history as a condition of employment; and
10-31 (3) The employee’s right, pursuant to NRS 179A.150, to challenge
10-32 the accuracy or sufficiency of any information disseminated to the
10-33 employer.
10-34 Sec. 12. NRS 179A.210 is hereby amended to read as follows:
10-35 179A.210 1. Upon receipt of a request from an employer for notice
10-36 of information relating to [sexual offenses,] the offenses listed in
10-37 subsection 4 of NRS 179A.190, the central repository shall undertake a
10-38 search for the information, unless the request does not conform to the
10-39 requirements of the repository. The search must be based on the
10-40 [employee’s fingerprints,] fingerprints of the employee, or on a number
10-41 furnished to the employee for identification pursuant to a previous search,
10-42 as provided by the employer, and must include:
10-43 (a) Identifying any information relating to [sexual] the offenses listed in
10-44 subsection 4 of NRS 179A.190 concerning the employee in the central
10-45 repository;
10-46 (b) Requesting information relating to [sexual] the offenses listed in
10-47 subsection 4 of NRS 179A.190 concerning the employee from federal
10-48 repositories and repositories of other states, if authorized by federal law or
10-49 an agreement entered into pursuant to NRS 179A.075;
11-1 (c) If the information pertains to an arrest for which no disposition has
11-2 been reported, contacting appropriate officers in the local jurisdiction
11-3 where the arrest or prosecution occurred to verify and update the
11-4 information; and
11-5 (d) Determining whether the information relating to [sexual] the
11-6 offenses listed in subsection 4 of NRS 179A.190 is the type of information
11-7 for which notice is subject to dissemination pursuant to this section.
11-8 2. Notice of information relating to [sexual] the offenses listed in
11-9 subsection 4 of NRS 179A.190 may be disseminated to an employer who
11-10 has requested it only if a check of the pertinent records indicates:
11-11 (a) A conviction for [a sexual] any such offense, or a conviction based
11-12 on an arrest or on an initial charge for [a sexual] any such offense;
11-13 (b) An arrest or an initial charge for [a sexual] any such offense that is
11-14 pending at the time of the request; or
11-15 (c) Two or more incidents resulting in arrest or initial charge for [a
11-16 sexual] any such offense that have not resulted in a conviction.
11-17 3. If a search of the records of the central repository reveals no
11-18 information for which notice is subject to release, the central repository
11-19 shall submit the fingerprints of the employee to the Federal Bureau of
11-20 Investigation for a search of its records of criminal history. The central
11-21 repository shall review all information received from the Federal Bureau of
11-22 Investigation. Notice of any information received from the Federal Bureau
11-23 of Investigation may be disseminated only if the information is of a kind
11-24 for which notice is subject to release pursuant to this section.
11-25 4. Within 30 days after receipt of a request by an employer for notice
11-26 of information relating to [sexual offenses,] the offenses listed in
11-27 subsection 4 of NRS 179A.190, the central repository shall send a written
11-28 report of the results of the search to the employer and to the employee,
11-29 except that if the employee has waived his right to receive the results of the
11-30 search, the report must be sent only to the employer. If the search revealed:
11-31 (a) No information for which notice is subject to release, the report must
11-32 include a statement to that effect; or
11-33 (b) Information about the employee for which notice is subject to
11-34 release, the report must include a notice of the type of information, limited
11-35 to the descriptions set forth in subsection 2, revealed by the search. The
11-36 notice must not include any further facts or details concerning the
11-37 information. A statement of the purpose for which the notice is being
11-38 disseminated, and the procedures by which the employee might challenge
11-39 the accuracy and sufficiency of the information, must also be included with
11-40 the report.
11-41 5. Upon receipt of corrected information relating to [sexual] the
11-42 offenses listed in subsection 4 of NRS 179A.190 for which notice was
11-43 disseminated under this section, the central repository shall send written
11-44 notice of the correction to:
11-45 (a) The employee who was the subject of the search, unless the
11-46 employee has waived his right to receive such a notice;
12-1 (b) All employers to whom notice of the results of the search were
12-2 disseminated within 3 months before the correction; and
12-3 (c) Upon request of the employee, any other employers who previously
12-4 received the information.
12-5 6. Upon receipt of new information relating to [sexual] the offenses
12-6 listed in subsection 4 of NRS 179A.190 concerning an employee who was
12-7 the subject of a search within the previous 3 months, for which notice is
12-8 subject to dissemination under this section, the central repository shall send
12-9 written notice of the information to:
12-10 (a) The employee who was the subject of the search, unless the
12-11 employee has waived his right to receive such a notice;
12-12 (b) All employers to whom a report of the results of the search were
12-13 disseminated within 3 months before the correction; and
12-14 (c) Upon request of the employee, any other employers who previously
12-15 received a report of the results of the search.
12-16 Sec. 13. NRS 179A.230 is hereby amended to read as follows:
12-17 179A.230 1. A person who is the subject of a request for notice of
12-18 information [relating to sexual offenses] pursuant to NRS 179A.190 to
12-19 179A.240, inclusive, may recover his actual damages in a civil action
12-20 against:
12-21 (a) The central repository for an intentional or grossly negligent:
12-22 (1) Dissemination of information relating to [sexual] the offenses
12-23 listed in subsection 4 of NRS 179A.190 not authorized for dissemination;
12-24 or
12-25 (2) Release of information relating to [sexual] the offenses listed in
12-26 subsection 4 of NRS 179A.190 to a person not authorized to receive the
12-27 information;
12-28 (b) The central repository for an intentional or grossly negligent failure
12-29 to correct any notice of information relating to [sexual] the offenses listed
12-30 in subsection 4 of NRS 179A.190 which was disseminated pursuant to
12-31 NRS 179A.190 to 179A.240, inclusive; or
12-32 (c) An employer, representative of an employer or employee for an
12-33 intentional or grossly negligent violation of NRS 179A.110. Punitive
12-34 damages may be awarded against an employer, representative of an
12-35 employer or employee whose violation of NRS 179A.110 is malicious.
12-36 2. An employer is liable to a child served by the employer for damages
12-37 suffered by the child as a result of [a sexual] an offense listed in
12-38 subsection 4 of NRS 179A.190 committed against the child by an
12-39 employee [hired on or after January 1, 1988,] if, at the time the employer
12-40 hired the employee, the employee was the subject of information relating to
12-41 [sexual] the offenses for which notice was available for dissemination to
12-42 the employer and the employer:
12-43 (a) Failed, without good cause, to request notice of the information
12-44 pursuant to NRS 179A.190 to 179A.240, inclusive; or
12-45 (b) Was unable to obtain the information because the employee refused
12-46 to consent to the search and release of the information, and the employer
12-47 hired or retained the employee despite this refusal.
12-48 The amount of damages for which an employer is liable pursuant to this
12-49 subsection must be reduced by the amount of damages recovered by the
13-1 child in an action against the employee for damages sustained as a result of
13-2 [the sexual offense.] an offense listed in subsection 4 of NRS 179A.190.
13-3 3. An action pursuant to this section must be brought within 3 years
13-4 after:
13-5 (a) The occurrence upon which the action is based; or
13-6 (b) The date upon which the party bringing the action became aware or
13-7 reasonably should have become aware of the occurrence, whichever was
13-8 earlier, if he was not aware of the occurrence at the time of the occurrence.
13-9 4. This section does not limit or affect any other rights, claims or
13-10 causes of action arising by statute or common law.
13-11 Sec. 14. NRS 179A.240 is hereby amended to read as follows:
13-12 179A.240 A person who knowingly and willfully:
13-13 1. Uses NRS 179A.190 to 179A.240, inclusive, to obtain or seek to
13-14 obtain information relating to [sexual] the offenses listed in subsection 4
13-15 of NRS 179A.190 under false pretenses;
13-16 2. Disseminates or attempts to disseminate information relating to
13-17 [sexual] the offenses listed in subsection 4 of NRS 179A.190 that he
13-18 knows was not received in accordance with the provisions of this chapter;
13-19 or
13-20 3. Disseminates or attempts to disseminate information relating to
13-21 [sexual] the offenses listed in subsection 4 of NRS 179A.190 that he
13-22 knows is false, inaccurate or incomplete,
13-23 is guilty of a misdemeanor.
13-24 Sec. 15. NRS 179A.310 is hereby amended to read as follows:
13-25 179A.310 1. The revolving account to investigate the background of
13-26 volunteers who work with children is hereby created in the state general
13-27 fund.
13-28 2. The director of the department shall administer the account to
13-29 investigate the background of volunteers who work with children. The
13-30 money in the account must be expended only to pay the costs of the central
13-31 repository to process requests from nonprofit agencies to determine
13-32 whether a volunteer of a nonprofit agency who works directly with
13-33 children or a prospective volunteer of the nonprofit agency who will work
13-34 directly with children has committed [a sexual offense.] an offense listed
13-35 in subsection 4 of NRS 179A.190. The existence of the account to
13-36 investigate the background of volunteers who work with children does not
13-37 create a right in any person to receive money from the account.
13-38 3. The director of the department may apply for and accept any gift,
13-39 donation, bequest, grant or other source of money. Any money so received
13-40 must be deposited in the account to investigate the background of
13-41 volunteers who work with children.
13-42 4. The interest and income earned on money in the account from any
13-43 gift, donation[,] or bequest, after deducting any applicable charges, must
13-44 be credited to the account. Money from any gift, donation[,] or bequest
13-45 that remains in the account at the end of the fiscal year does not revert to
13-46 the state general fund, and the balance in the account must be carried
13-47 forward to the next fiscal year.
14-1 5. The director of the department shall adopt regulations to carry out
14-2 the provisions of this section. The regulations must include, without
14-3 limitation:
14-4 (a) The procedure by which a person may apply for a grant of money
14-5 from the account to investigate the background of volunteers who work
14-6 with children;
14-7 (b) The criteria that the department will consider in determining
14-8 whether to award such a grant of money from the account; and
14-9 (c) Procedures to distribute the money in the account in a fair and
14-10 equitable manner.
14-11 6. The following facts must not be considered as evidence of
14-12 negligence or causation in any civil action brought against a nonprofit
14-13 agency:
14-14 (a) The fact that the nonprofit agency did not apply for a grant of money
14-15 from the account.
14-16 (b) The fact that the nonprofit agency did not request that the central
14-17 repository, through the use of the account, determine whether a volunteer
14-18 or prospective volunteer of the nonprofit agency has committed [a sexual
14-19 offense.] an offense listed in subsection 4 of NRS 179A.190.
14-20 Sec. 16. NRS 179B.250 is hereby amended to read as follows:
14-21 179B.250 1. The department shall, in a manner prescribed by the
14-22 director, establish within the central repository a program to provide the
14-23 public with access to certain information contained in the statewide
14-24 registry. The program may include, but is not limited to, the use of a secure
14-25 website on the Internet or other electronic means of communication to
14-26 provide the public with access to certain information contained in the
14-27 statewide registry if such information is made available and disclosed in
14-28 accordance with the procedures set forth in this section.
14-29 2. Before a search of the statewide registry is conducted on behalf of a
14-30 requester seeking information from the program, the requester must
14-31 provide his name, address and telephone number and the following
14-32 information concerning the identity of the subject of the search:
14-33 (a) The name of the subject of the search and at least one of the
14-34 following items:
14-35 (1) The social security number of the subject of the search;
14-36 (2) The identification number from a driver’s license or an
14-37 identification card issued to the subject of the search by this state; or
14-38 (3) The date of birth of the subject of the search; or
14-39 (b) The name and address of the subject of the search and all of the
14-40 following items:
14-41 (1) The race or ethnicity of the subject of the search;
14-42 (2) The hair color and eye color of the subject of the search;
14-43 (3) The approximate height and weight of the subject of the search;
14-44 and
14-45 (4) The approximate age of the subject of the search.
14-46 After conducting a search based upon information provided pursuant to
14-47 paragraph (a) or (b), the central repository may require the requester to
14-48 provide additional information to confirm the identity of the subject of the
14-49 search. The additional information may include, but is not limited to, the
15-1 license number from a motor vehicle frequently driven by the subject of the
15-2 search, the employer of the subject of the search or any information listed
15-3 in paragraph (a) or (b) that was not provided for the initial search.
15-4 3. After conducting a search of the statewide registry on behalf of a
15-5 requester, the central repository shall inform the requester that:
15-6 (a) No person listed in the statewide registry matches the information
15-7 provided by the requester concerning the identity of the subject of the
15-8 search;
15-9 (b) The requester needs to provide additional information concerning
15-10 the identity of the subject of the search before the central repository may
15-11 disclose the results of the search; or
15-12 (c) A person listed in the statewide registry matches the information
15-13 provided by the requester concerning the identity of the subject of the
15-14 search. If a search of the statewide registry results in a match pursuant to
15-15 this paragraph, the central repository:
15-16 (1) Shall inform the requester of each offense for which the subject of
15-17 the search was convicted and the date and location of each conviction.
15-18 (2) May, through the use of a secure website on the Internet or other
15-19 electronic means of communication, provide the requester with a
15-20 photographic image of the subject of the search if such an image is
15-21 available.
15-22 (3) Shall not provide the requester with any other information that is
15-23 included in the record of registration for the subject of the search.
15-24 4. For each inquiry to the program, the central repository shall:
15-25 (a) Charge a fee to the requester;
15-26 (b) Maintain a log of the information provided by the requester to the
15-27 central repository and the information provided by the central repository to
15-28 the requester; and
15-29 (c) Inform the requester that information obtained through the program
15-30 may not be used to violate the law or the individual rights of another
15-31 person and that such misuse of information obtained through the program
15-32 may subject the requester to criminal prosecution or civil liability for
15-33 damages.
15-34 5. A person may not use information obtained through the program as
15-35 a substitute for information relating to [sexual] the offenses listed in
15-36 subsection 4 of NRS 179A.190 that must be provided by the central
15-37 repository pursuant to NRS 179A.190 to 179A.240, inclusive, or another
15-38 provision of law.
15-39 Sec. 17. NRS 179A.065 is hereby repealed.
15-40 Sec. 18. The amendatory provisions of section 14 of this act do not
15-41 apply to offenses committed before July 1, 2001.
15-42 Sec. 19. This act becomes effective on July 1, 2001.
16-1 TEXT OF REPEALED SECTION
16-2 179A.065 “Information relating to sexual offenses” defined.
16-3 “Information relating to sexual offenses” means information contained in
16-4 or concerning a record of criminal history, or the records of criminal
16-5 history of the United States or another state, relating in any way to a sexual
16-6 offense.
16-7 H