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, pages 2 and 3, by deleting lines 16 through 45 on page 2 and lines 1 through 24 on page 3, and inserting:
“(a) Is free from the terms and conditions of his probation . [;
(b) If he meets the requirements of NRS 176A.860, may apply to the Division to request a restoration of his civil rights; and
(c)] (b) Is immediately restored to the following civil rights:
(1) The right to vote; and
(2) The right to hold office.
(c) Two years after the date of his honorable discharge from probation, is restored to the right to serve on a jury.
(d) If he meets the requirements of NRS 179.245, may apply to the court for the sealing of records relating to his conviction. [The person must]
(e) Must be informed of the provisions of this section and NRS [176A.860 and] 179.245 in his probation papers.
[4. A person honorably discharged from probation who has had his civil rights restored by the court:
(a)] (f) Is exempt from the requirements of chapter 179C of NRS, but is not exempt from the requirements of chapter 179D of NRS.
[(b) May vote, hold office or serve as a juror.
(c)] (g) Shall disclose the conviction to a gaming establishment and to the State and its agencies, departments, boards, commissions and political subdivisions, if required in an application for employment, license or other permit. As used in this paragraph, “establishment” has the meaning ascribed to it in NRS 463.0148.
[(d)] (h) Except as otherwise provided in paragraph [(c),] (g), need not disclose the conviction to an employer or prospective employer.
[5.] 4. The prior conviction of a person [whose civil rights have been restored or] who has been honorably discharged from probation may be used for purposes of impeachment. In any subsequent prosecution of the person , [who has had his civil rights restored or who has been honorably discharged from probation,] the prior conviction may be pleaded and proved if otherwise admissible.
5. Upon his honorable discharge from probation, the person so discharged must be given an official document which demonstrates that he has received an honorable discharge from probation.
6. A person who has been honorably discharged from probation in this state or any other state and whose official documentation of his discharge is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his civil rights pursuant to this section. Upon verification that the person has been honorably discharged from probation, the court shall issue an order restoring the person to the civil rights set forth in subsection 3. A person must not be required to pay a fee to receive such an order.
7. A person who is honorably discharged from probation in this state or any other state may present official documentation of his honorable discharge from probation or a court order restoring his civil rights as proof that he has been restored to his right to vote, to hold office and to serve as a juror.”.
Amend sec. 2, page 3, by deleting line 26 and inserting:
“179.285 Except as otherwise provided in NRS 179.301 [, if] :”.
Amend sec. 2, pages 3 and 4, by deleting lines 36 through 45 on page 3 and lines 1 through 12 on page 4 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.]
(b) The person is immediately restored to the following civil rights if his civil rights previously have not been restored:
(1) The right to vote;
(2) The right to hold office; and
(3) The right to serve on a jury.
2. Upon the sealing of his records, a person who is restored to his civil rights must be given an official document which demonstrates that he has been restored to the civil rights set forth in paragraph (b) of subsection 1.
3. A person who has had his records sealed in this state or any other state and whose official documentation of the restoration of his civil rights is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his civil rights pursuant to this section. Upon verification that the person has had his records sealed, the court shall issue an order restoring the person to the civil rights to vote, to hold office and to serve on a jury. A person must not be required to pay a fee to receive such an order.
4. A person who has had his records sealed in this state or any other state may present official documentation that he has been restored to his civil rights or a court order restoring his civil rights as proof that he has been restored to the right to vote, to hold office and to serve as a juror.”.
Amend sec. 3, page 4, by deleting lines 14 through 25 and inserting:
“179.301 1. The State Gaming Control Board and the Nevada Gaming Commission and their employees, agents and representatives may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255, if the event or conviction was related to gaming, for purposes of determining the suitability or qualifications of any person to hold a state gaming license, manufacturer’s, seller’s or distributor’s license or gaming work permit pursuant to chapter 463 of NRS. Events and convictions, if any, which are the subject of an order sealing records [may] :
(a) May form the basis for recommendation, denial or revocation of those licenses . [or work permits.]
(b) Must not form the basis for denial or rejection of a gaming work permit unless the event or conviction relates to the applicant’s suitability or qualifications to hold the work permit.
2. The Central Repository for Nevada Records of Criminal”.
Amend sec. 3, page 4, line 31, by deleting “[3.]2.” and inserting “3.”.
Amend sec. 4, page 5, by deleting lines 18 through 21 and inserting:
“to in this subsection.] two or more offenses punishable as felonies.”.
Amend sec. 4, page 5, by deleting lines 26 through 31 and inserting:
“179D.410; or
(b) Except as otherwise provided in this chapter, a person whose conviction is or has been set aside in the manner provided by law.”.
Amend the bill as a whole by deleting sec. 6 and adding a new section designated sec. 6, following sec. 5, to read as follows:
“Sec. 6. NRS 6.010 is hereby amended to read as follows:
6.010 [Every] Except as otherwise provided in this section, every qualified elector of the State, whether registered or not, who has sufficient knowledge of the English language, and who hasnot been convicted of treason , a felony, or other infamous crime, and who isnot rendered incapable by reason of physical or mental infirmity, is a qualified juror of the county in which he resides. A person who has been convicted of a felony is not a qualified juror of the county in which he resides until his civil right to serve as a juror has been restored pursuant to NRS 176A.850, 179.285, 213.090, 213.155 or 213.157.”.
Amend sec. 13, pages 10 and 11, by deleting lines 8 through 44 on page 10 and lines 1 through 3 on page 11 and inserting:
“213.090 1. [When a pardon] A person who is granted a pardon for any offense committed : [, the pardon may or may not include restoration of civil rights. If the pardon includes restoration of civil rights , it must be so stated in the instrument or certificate of pardon and, when granted upon conditions, limitations or restrictions, they must be fully set forth in the instrument.
2. In any case where a convicted person has received a pardon without immediate restoration of his civil rights, he may apply to the State Board of Pardons Commissioners for restoration of his civil rights and release from penalties and disabilities resulting from the offense or crime of which he was convicted.
3. Upon receiving an application pursuant to subsection 2, the Board shall determine whether the applicant 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.
4. An applicant]
(a) Is immediately restored to the following civil rights:
(1) The right to vote; and
(2) The right to hold office.
(b) Two years after the date that his pardon is granted, is restored to the right to serve on a jury.
2. Upon receiving a pardon, a person so pardoned must be given an official document which demonstrates that he has been granted a pardon.
3. A person who has been granted a pardon in this state or any other state and whose official documentation of the pardon is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his civil rights pursuant to this section. Upon verification that the person has been granted a pardon, the court shall issue an order restoring the person to the civil rights set forth in subsection 1. A person must not be required to pay a fee to receive such an order.
4. A person who has been granted a pardon in this state or any other state may present official documentation of his pardon or a court order restoring his civil rights as proof that he has been restored to his right to vote, to hold office and to serve as a juror. A person 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.] receive such an order.”.
Amend sec. 14, pages 11 and 12, by deleting lines 5 through 43 on page 11 and lines 1 through 5 on page 12 and inserting:
“213.155 1. [The Board may restore a paroled prisoner to his civil rights, conditioned upon the prisoner receiving] A person who receives an honorable discharge from parole pursuant to NRS 213.154 : [. Such restoration must take effect at the expiration of the parole of the prisoner.
2. In any case where a convicted person has completed his parole without immediate restoration of his civil rights and has been issued an honorable discharge from parole pursuant to NRS 213.154, he may apply to the 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.
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 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.
5. An applicant]
(a) Is immediately restored to the following civil rights:
(1) The right to vote; and
(2) The right to hold office.
(b) Two years after the date of his honorable discharge from parole, is restored to the right to serve on a jury.
2. Upon his honorable discharge from parole, the person so discharged must be given an official document which demonstrates that he has received an honorable discharge from parole.
3. A person who has been honorably discharged from parole in this state or any other state and whose official documentation of his honorable discharge is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his civil rights pursuant to this section. Upon verification that the person has been honorably discharged from probation, the court shall issue an order restoring the person to the civil rights set forth in subsection 1. A person must not be required to pay a fee to receive such an order.
4. A person who is honorably discharged from parole in this state or any other state may present official documentation of his honorable discharge from probation or a court order restoring his civil rights as proof that he has been restored to his right to vote, to hold office and to serve as a juror. A person must not be required to pay a fee to [have his civil rights are restored or to be released from penalties and disabilities pursuant to this section.
6.] receive such an order.
5. The Board may adopt regulations necessary or convenient for the purposes of this section.”.
Amend sec. 15, page 12, by deleting lines 7 through 45 and inserting:
“213.157 1. [In any case where a] A person convicted of a felony in the State of Nevada who has served his sentence [and] , has been released from prison [, he may apply to the Division requesting restoration of his civil rights and release from all penalties and disabilities which resulted from the offense or crime of which he was convicted .
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.
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] and is not subject to a period of parole or probation:
(a) Is immediately restored to the following civil rights:
(1) The right to vote; and
(2) The right to hold office.
(b) Two years after the date of his release from prison, is restored to the right to serve on a jury.
2. Upon his release from prison without a period of parole or probation, a person so released must be given an official document which demonstrates that he has been released from prison and is not subject to a period of parole or probation.
3. A person who is released from prison in this state or any other state and who is not subject to a period of parole or probation in this state or any other state and whose official documentation of his release is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his civil rights pursuant to this section. Upon verification that the person has been released from prison and is not subject to a period of parole or probation, the court shall issue an order restoring the person to the civil rights set forth in subsection 1. A person must not be required to pay a fee to receive such an order.
4. A person who is released from prison and who is not subject to a period of parole or probation in this state or any other state may present official documentation of his release or a court order restoring his civil rights as proof that he has been restored to his right to vote, to hold office and to serve as a juror. A person 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.] receive such an order.”.
Amend the bill as a whole by renumbering sections 16 through 71 as sections 20 through 75 and adding new sections designated sections 16 through 19, following sec. 15, to read as follows:
“Sec. 16. NRS 248.010 is hereby amended to read as follows:
248.010 1. Sheriffs [shall] must be elected by the qualified electors of their respective counties.
2. Sheriffs [shall] must be chosen by the electors of their respective counties at the general election in 1922, and at the general election every 4 years thereafter, and shall enter upon the duties of their respective offices on the [1st] first Monday of January subsequent to their election.
3. A person who has been convicted of a felony in this state or any other state is not qualified to be a candidate for or elected or appointed to the office of sheriff regardless of whether he has been restored to his civil rights.
Sec. 17. NRS 258.010 is hereby amended to read as follows:
258.010 1. Except as otherwise provided in subsections 2 and 3:
(a) Constables must be elected by the qualified electors of their respective townships.
(b) The constables of the several townships of the State must be chosen at the general election of 1966, and shall enter upon the duties of their offices on the first Monday of January next succeeding their election, and hold their offices for the term of 4 years thereafter, until their successors are elected and qualified.
(c) Constables must receive certificates of election from the boards of county commissioners of their respective counties.
2. In a county which includes only one township, the board of county commissioners may, by resolution, appoint the sheriff ex officio constable to serve without additional compensation. The resolution must not become effective until the completion of the term of office for which a constable may have been elected.
3. In a county whose population:
(a) Is less than 400,000, if the board of county commissioners determines that the office of constable is not necessary in one or more townships within the county, it may, by ordinance, abolish the office of constable in those townships.
(b) Is 400,000 or more, if the board of county commissioners determines that the office of constable is not necessary in one or more townships within the county, it may, by ordinance, abolish the office in those townships, but the abolition does not become effective as to a particular township until the constable incumbent on May 28, 1979, does not seek, or is defeated for, reelection.
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For a township in which the office of constable has been
abolished, the board of county commissioners may, by resolution, appoint the
sheriff ex officio constable to serve without additional compensation.
4. A person who has been convicted of a felony in this state or any other state is not qualified to be a candidate for or elected or appointed to the office of constable regardless of whether he has been restored to his civil rights.
Sec. 18. Chapter 289 of NRS is hereby amended by adding thereto a new section to read as follows:
A person who has been convicted of a felony in this state or any other state is not qualified to serve as a category I peace officer, category II peace officer or category III peace officer regardless of whether he has been restored to his civil rights.
Sec. 19. NRS 289.450 is hereby amended to read as follows:
289.450 As used in NRS 289.450 to 289.600, inclusive, and section 18 of this act, unless the context otherwise requires, the words and terms defined in NRS 289.460 to 289.490, inclusive, have the meanings ascribed to them in those sections.”.
Amend sec. 21, page 20, by deleting lines 8 through 17 and inserting:
“(d) Committed, attempted or conspired to commit a crime which is a felony or gross misdemeanor in this state or an offense in another state or jurisdiction which would be a felony or gross misdemeanor if committed in this state [;] and which relates to the applicant’s suitability or qualifications to work as a gaming employee;
(e) Been identified in the published reports of any federal or state legislative or executive body as being a member or associate of organized crime, or as being of notorious and unsavory reputation;
(f) Been placed and remains in the constructive custody of any federal, state or municipal law enforcement authority; or
(g) Had a work permit revoked or committed any act”.
Amend sec. 21, page 21, by deleting lines 6 and 7 and inserting:
“show whether the crime was a misdemeanor, gross misdemeanor, felony or other”.
Amend sec. 70, pages 64 and 65, by deleting lines 18 through 43 on page 64 and lines 1 through 3 on page 65 and inserting:
“Sec. 70. 1. Any person residing in this state who, before October 1, 2003, was:
(a) Honorably discharged from probation pursuant to NRS 176A.850;
(b) Pardoned pursuant to NRS 213.090;
(c) Honorably discharged from parole pursuant to NRS 213.154 and 213.155; or
(d) Released from prison and was not subject to probation or parole pursuant to NRS 213.157,
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in this state or any other state and who has not had his civil
rights restored is hereby restored to the civil rights set forth in subsection
2.
2. A person listed in subsection 1:
(a) Is immediately restored to:
(1) The right to vote; and
(2) The right to hold office.
(b) Two years after the date on which he is released from his sentence of imprisonment, is restored to the right to serve on a jury.
3. A person who is restored to his civil rights pursuant to this section whose official documentation which demonstrates that the person qualifies to have his civil rights restored pursuant to subsection 1 is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his civil rights pursuant to this section. Upon verification that the person qualifies to have his civil rights restored pursuant to subsection 1, the court shall issue an order restoring the person to the civil rights set forth in subsection 2. A person must not be required to pay a fee to receive such an order.
4. A person who is restored to his civil rights pursuant to this section may present official documentation that he qualifies to have his civil rights restored pursuant to subsection 1 or a court order restoring his civil rights as proof that he has been restored to his right to vote, to hold office and to serve as a juror.”.
Amend sec. 71, page 65, line 4, by deleting “52,” and inserting “56,”.
Amend sec. 71, page 65, line 5, by deleting:
“54 to 70,” and inserting:
“58 to 74,”.
Amend sec. 71, page 65, line 6, by deleting “52” and inserting “56”.
Amend sec. 71, page 65, line 17, by deleting “53” and inserting “57”.
Amend the title of the bill by deleting the sixth through ninth lines and inserting:
“whose records of conviction are sealed; limiting the persons who are”.