2001 REGULAR SESSION (71st) A AB328 R1 594
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 sec. 2, page 2, line 6, by deleting “court,” and inserting “[court,] division,”.
Amend sec. 2, page 2, line 8, after “and,” by inserting:
“to the court,”.
Amend sec. 3, page 2, line 30, after “176A.860” by inserting “1.”.
Amend sec. 3, page 2, by deleting lines 36 through 42 and inserting:
“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, it shall petition]
2. Upon receiving an application pursuant to subsection 1, the division shall determine whether the applicant has been granted an honorable discharge from probation. If the division determines that the applicant has been granted an honorable discharge, the division shall forward the application to 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.]
3. Upon receiving an application pursuant to subsection 2, the court shall, as soon as reasonably practicable, restore the civil rights of the applicant.
4. An applicant must not be required to pay a fee to have his civil rights restored pursuant to this section.”.
Amend sec. 11, page 7, by deleting lines 27 through 35 and inserting:
“resulting from the offense or crime of which he was convicted. [If, after investigation,]
3. Upon receiving an application pursuant to subsection 2, the board [determines that] shall determine whether the applicant [meets the requirements of this subsection, it] has received a pardon. If the board determines that the applicant has received a pardon, the board shall , as soon as reasonably practicable, restore him to his civil rights and release him from all penalties and disabilities resulting from the offense or crime of which he was convicted. [If the board refuses to grant such restoration and release, the applicant may, after notice to the board, petition the district court in which the conviction was obtained for an order directing the board to grant such restoration and release.]
4. An applicant must not be required to pay a fee to have his civil rights restored or to be released from penalties and disabilities pursuant to this section.”.
Amend sec. 12, pages 7 and 8, by deleting lines 45 through 49 on page 7 and lines 1 through 9 on page 8, and inserting:
“after completion of parole,] he may apply to the [state board of parole commissioners for] division to request a restoration of his civil rights and release from penalties and disabilities which resulted 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 board determines that the applicant meets the requirements of this subsection, it]
3. Upon receiving an application pursuant to subsection 2, the division shall determine whether the applicant has received an honorable discharge from parole. If the division determines that the applicant has received an honorable discharge, the division shall forward the application to the board.
4. Upon receiving an application pursuant to subsection 3, the board shall , as soon as reasonably practicable, restore [him] the applicant to his civil rights and release him from all penalties and disabilities resulting from the offense or crime of which he was convicted. [If the board refuses to grant such restoration and release, the applicant may, after notice to the board, petition the district court in which the conviction was obtained for an order directing the board to grant such restoration and release.]
5. An applicant must not be required to pay a fee to have his civil rights restored or to be released from penalties and disabilities pursuant to this section.”.
Amend sec. 12, page 8, line 10, by deleting “3.” and inserting “[3.] 6.”.
Amend sec. 13, page 8, line 13, after “213.157” by inserting “1.”.
Amend sec. 13, page 8, by deleting lines 21 through 28 and inserting:
“criminal history. If, after investigation, the division determines that the applicant meets the requirements of this section, it shall petition]
2. Upon receiving an application pursuant to subsection 1, the division shall determine whether the applicant has served his sentence and been released from prison. If the division determines that the applicant has served his sentence and been released from prison, the division shall forward the application to the district court in which the conviction was obtained . [for an order granting such restoration and release. If the division refuses to submit such petition, the applicant may, after giving notice to the division, petition such court directly for the restoration of his]
3. Upon receiving an application pursuant to subsection 2, the court shall, as soon as reasonably practicable, restore the civil rights of the applicant and release him from all penalties and disabilities which resulted from the offense or crime of which he was convicted.
4. An applicant must not be required to pay a fee to have his civil rights restored or to be released from penalties and disabilities pursuant to this section.”.