2001 REGULAR SESSION (71st) A SB335 90
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 section 1, page 1, line 13, before “member” by inserting “nonvoting”.
Amend the bill as a whole by renumbering sections 2 through 10 as sections 7 through 15 and adding new sections designated sections 2 through 6, following section 1, to read as follows:
“Sec. 2. NRS 176A.500 is hereby amended to read as follows:
176A.500 1. The period of probation or suspension of sentence may be indeterminate or may be fixed by the court and may at any time be extended or terminated by the court, but the period, including any extensions thereof, must not be more than:
(a) Three years for a:
(1) Gross misdemeanor; or
(2) Suspension of sentence pursuant to NRS 453.3363[;] or section 17 of this act; or
(b) Five years for a felony.
2. At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Except for the purpose of giving a dishonorable discharge from probation, and except as otherwise provided in this subsection, the time during which a warrant for violating any of the conditions of probation is in effect is not part of the period of probation. If the warrant is canceled or probation is reinstated, the court may include any amount of that time as part of the period of probation.
3. Any parole and probation officer or any peace officer with power to arrest may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so by giving him a written statement setting forth that the probationer has, in the judgment of the parole and probation officer, violated the conditions of probation. Except as otherwise provided in subsection 4, the parole and probation officer, or the peace officer, after making an arrest shall present to the detaining authorities, if any, a statement of the charges against the probationer. The parole and probation officer shall at once notify the court which granted probation of the arrest and detention or residential confinement of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation.
4. A parole and probation officer or a peace officer may immediately release from custody without any further proceedings any person he arrests without a warrant for violating a condition of probation if the parole and probation officer or peace officer determines that there is no probable cause to believe that the person violated the condition of probation.
Sec. 3. NRS 179.245 is hereby amended to read as follows:
179.245 1. Except as otherwise provided in subsection 5 and NRS 453.3365, and section 18 of this act, a person who has been convicted of:
(a) Any felony may, after 15 years from the date of his conviction or, if he is imprisoned, from the date of his release from actual custody;
(b) Any gross misdemeanor may, after 10 years from the date of his conviction or release from custody;
(c) A violation of NRS 484.379 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony may, after 7 years from the date of his conviction or release from custody; or
(d) Any other misdemeanor may, after 5 years from the date of his conviction or release from custody,
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petition the court in which the conviction was obtained for
the sealing of all records relating to the conviction.
2. A petition filed pursuant to subsection 1 must be accompanied by current, verified records of the petitioner’s criminal history received from:
(a) The central repository for Nevada records of criminal history; and
(b) The local law enforcement agency of the city or county in which the conviction was entered.
3. Upon receiving a petition pursuant to this section, the court shall notify:
(a) The prosecuting attorney for the county; or
(b) If the person was convicted in a municipal court, the prosecuting attorney for the city.
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The prosecuting attorney and any person having relevant
evidence may testify and present evidence at the hearing on the petition.
4. If, after the hearing, the court finds that, in the period prescribed in subsection 1, the petitioner has not been arrested, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of the court, of another court in the State of Nevada or of a public or private agency, company or official in the State of Nevada, and may also order all such criminal identification records of the petitioner returned to the file of the court where the proceeding was commenced from, including, but not limited to, the Federal Bureau of Investigation, the California bureau of identification and [investigation bureau,] information, sheriffs’ offices and all other law enforcement agencies reasonably known by either the petitioner or the court to have possession of such records.
5. A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.
6. As used in this section:
(a) “Crime against a child” has the meaning ascribed to it in NRS 179D.210.
(b) “Sexual offense” has the meaning ascribed to it in NRS 179D.410.
Sec. 4. NRS 179.275 is hereby amended to read as follows:
179.275 Where the court orders the sealing of a record pursuant to NRS 179.245, 179.255 or 453.3365, or section 18 of this act, a copy of the order must be sent to:
1. The central repository for Nevada records of criminal history; and
2. Each public or private company, agency or official named in the order, and that person shall seal the records in his custody which relate to the matters contained in the order, shall advise the court of his compliance, and shall then seal the order.
Sec. 5. NRS 179.285 is hereby amended to read as follows:
179.285 Except as otherwise provided in NRS 179.301, if the court orders a record sealed pursuant to NRS 179.245, 179.255 or 453.3365, or section 18 of this act, all proceedings recounted in the record are deemed never to have occurred, and the person to whom it pertains may properly answer accordingly to any inquiry concerning the arrest, conviction or acquittal and the events and proceedings relating to the arrest, conviction or acquittal.
Sec. 6. NRS 179.295 is hereby amended to read as follows:
179.295 1. The person who is the subject of the records that are sealed pursuant to NRS 179.245, 179.255 or 453.3365 or section 18 of this act may petition the court that ordered the records sealed to permit inspection of the records by a person named in the petition, and the court may order such inspection. Except as otherwise provided in this section and NRS 179.301, the court may not order the inspection of the records under any other circumstances.
2. If a person has been arrested, the charges have been dismissed and the records of the arrest have been sealed, the court may order the inspection of the records by a prosecuting attorney upon a showing that as a result of newly discovered evidence, the person has been arrested for the same or similar offense and that there is sufficient evidence reasonably to conclude that he will stand trial for the offense.
3. The court may, upon the application of a prosecuting attorney or an attorney representing a defendant in a criminal action, order an inspection of such records for the purpose of obtaining information relating to persons who were involved in the incident recorded.”.
Amend sec. 3, page 2, line 33, by deleting:
“4 to 10,” and inserting:
“9 to 18,”.
Amend sec. 4, page 2, line 35, by deleting “this chapter,” and inserting:
“sections 10 to 15, inclusive, of this act,”.
Amend sec. 4, page 2, line 36, by deleting:
“5 and 6” and inserting:
“10 and 11”.
Amend sec. 8, page 2, by deleting line 47 and inserting:
“to qualified organizations or persons that provide programs for the prevention and”.
Amend sec. 8, page 3, between lines 2 and 3, by inserting:
“4. On or before January 31 of each year, the director shall submit to the director of the legislative counsel bureau a written report concerning any grants made during the previous year to qualified organizations or persons that provide programs for the prevention and treatment of problem gambling.”.
Amend sec. 10, page 3, line 14, by deleting “this chapter” and inserting:
“sections 13 and 14 of this act.”.
Amend sec. 10, page 3, by deleting line 17 and inserting:
“(a) The procedure by which qualified organizations or persons may apply for a”.
Amend the bill as a whole by renumbering sec. 11 as sec. 19 and adding new sections designated sections 16 through 18, following sec. 10, to read as follows:
“Sec. 16. A district court may establish an appropriate program for the treatment of problem gambling to which it may assign a defendant pursuant to section 17 of this act. The assignment must include the terms and conditions for successful completion of the program and provide for progress reports at intervals set by the court to ensure that the defendant is making satisfactory progress towards completion of the program.
Sec. 17. 1. Except as otherwise provided in subsection 2, if a defendant who suffers from problem gambling tenders a plea of guilty, guilty but mentally ill or nolo contendere to, or is found guilty of, any offense for which the suspension of sentence or the granting of probation is not prohibited by statute, the court may, without entering a judgment of conviction and with the consent of the defendant, suspend further proceedings and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to section 16 of this act.
2. If the offense committed by the defendant involved the use or threatened use of force or violence against a victim or if the defendant was previously convicted in this state or in any other jurisdiction of a felony that involved the use or threatened use of force or violence against a victim, the court may not assign the defendant to the program.
3. Upon violation of a term or condition:
(a) The court may enter a judgment of conviction and proceed as provided in the section pursuant to which the defendant was charged.
(b) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the court may order the defendant to the custody of the department of prisons if the offense is punishable by imprisonment in the state prison.
4. Upon fulfillment of the terms and conditions, the court shall discharge the defendant and dismiss the proceedings against him. Except as otherwise provided in subsection 5, discharge and dismissal pursuant to this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the defendant, in the contemplation of the law, to the status occupied before the arrest, indictment or information. The defendant may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of him for any purpose.
5. A professional licensing board may consider a proceeding under this section in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to him.
Sec. 18. 1. Except as otherwise provided in subsection 3, 3 years after a defendant is discharged from probation pursuant to section 17 of this act, the court shall order sealed all documents, papers and exhibits in the defendant’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order if the defendant fulfills the terms and conditions imposed by the court and the division of parole and probation of the department of motor vehicles and public safety. The court shall order those records sealed without a hearing unless the division of parole and probation of the department of motor vehicles and public safety petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.
2. If the court orders sealed the record of a defendant discharged pursuant to section 17 of this act, the court shall send a copy of the order to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.
3. A professional licensing board is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.”.
Amend sec. 11, page 3, line 25, by deleting “7” and inserting “12”.
Amend the bill as a whole by renumbering sec. 12 as sec. 21 and adding a new section designated sec. 20, following sec. 11, to read as follows:
“Sec. 20. The amendatory provisions of this act do not apply to offenses committed before July 1, 2001.”.
Amend sec. 12, page 3, line 27, by deleting “11” and inserting “19”.
Amend sec. 12, page 3, line 29, by deleting “10, inclusive,” and inserting:
“18, inclusive, and 20”.
Amend the title of the bill, seventh line, after “gambling;” by inserting:
“providing for the establishment by a district court of a program for the treatment of offenders suffering from problem gambling;”.