2001 REGULAR SESSION (71st) A AB328 349
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by renumbering sections 3 through 14 as sections 4 through 15 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. NRS 176A.860 is hereby amended to read as follows:
176A.860 A convicted person who is granted an honorable discharge from probation, who has not previously been restored to his civil rights, [and who is not convicted of any offense greater than a traffic violation within 6 months after the discharge,] may apply to the division to request a restoration of his civil rights. [The application must be accompanied by a current, certified record of the applicant’s criminal history received from the central repository for Nevada records of criminal history.] If the division determines after an investigation that the applicant [meets the requirements of this section,] has been granted an honorable discharge from probation, it shall petition the court in which the applicant was convicted for an order granting the restoration. If the division refuses to submit such a petition, the applicant may, after notice to the division, directly petition the court for restoration of his civil rights.”.
Amend sec. 4, page 2, by deleting lines 38 through 42 and inserting:
“(a) [Any] A category A or B felony may, after 15 years from the date of his conviction or, if he is imprisoned, or on parole or probation, from the date of his release from actual custody [;] , or discharge from parole or probation, whichever occurs later;
(b) A category C or D felony may, after 12 years from the date of his conviction or, if he is imprisoned, or on parole or probation, from the date of his release from actual custody, or discharge from parole or probation, whichever occurs later;
(c) A category E felony may, after 10 years from the date of his conviction or, if he is imprisoned, or on parole or probation, from the date of his release from actual custody, or discharge from parole or probation, whichever occurs later;
(d) Any gross misdemeanor may, after [10] 7 years from the date of his”.
Amend sec. 4, page 2, line 44, by deleting “[;]” and inserting “[;
(c)]”.
Amend sec. 4, page 2, line 46, by deleting “(c)” and inserting “(e)”.
Amend sec. 4, page 2, line 48, by deleting “[7] 2” and inserting “7”.
Amend sec. 4, page 3, line 1, by deleting “[;]” and inserting:
“[; or
(d)]”.
Amend sec. 4, page 3, line 2, by deleting “or” and inserting “or”.
Amend sec. 4, page 3, by deleting line 3 and inserting:
“(f) Any other misdemeanor may, after [5] 3 years from the date of”.
Amend sec. 6, page 5, by deleting lines 6 through 12 and inserting:
“2. The court shall order the civil rights of the person to whom the order pertains to be restored if the person has not been restored to his civil rights.”.
Amend sec. 10, page 7, by deleting lines 4 and 5 and inserting:
“immediate restoration of his civil rights , [and has not been convicted of any offense greater than a traffic violation within 5 years after such pardon,]”.
Amend sec. 10, page 7, by deleting lines 9 and 10 and inserting:
“board determines that the applicant [meets the requirements of this subsection,] has received a pardon, it shall restore him to his civil rights and release him from all”.
Amend sec. 11, page 7, line 22, by deleting “rights,” and inserting:
“rights [,] and”.
Amend sec. 11, page 7, by deleting lines 23 through 25 and inserting:
“honorable discharge from parole pursuant to NRS 213.154 , [and has not been convicted of any offense greater than a traffic violation within 5 years after completion of parole,] he may apply to the state board of parole”.
Amend sec. 11, page 7, by deleting lines 28 through 32 and inserting:
“convicted. [The application must be accompanied by a current, certified record of the applicant’s criminal history received from the central repository for Nevada records of criminal history.] If, after investigation, the board determines that the applicant [meets the requirements of this subsection,] has received an honorable discharge from parole, it shall restore him to his civil rights and release him from all”.
Amend sec. 12, page 7, by deleting lines 42 through 44 and inserting:
“of Nevada has served his sentence and been released from prison, [and has not been convicted of any offense greater than a traffic violation within 5 years of his release,] he may apply to the division requesting restoration of”.
Amend sec. 12, pages 7 and 8, by deleting lines 46 through 49 on page 7 and line 1 on page 8, and inserting:
“from the offense or crime of which he was convicted. [The application must be accompanied by a current, certified record of the applicant’s criminal history received from the central repository for Nevada records of criminal history.] If, after investigation, the division determines that the applicant [meets the requirements of this section,] has served his sentence and been released from prison, it shall petition the district court in”.
Amend sec. 13, page 8, line 10, after “NRS” by inserting “176A.860,”.
Amend the title of the bill, third line, after “seal” by inserting “certain”.