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 10 through 45 on page 2 and lines 1 through 16 on page 3, and inserting:
“3. [A] Except as otherwise provided in subsection 4, a person honorably discharged from probation:
(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;
(2) The right to hold office; and
(3) The right to serve as a juror in a civil action.
(c) Six years after the date of his honorable discharge from probation, is restored to the right to serve as a juror in a criminal action.
(d) If he meets the requirements of NRS 179.245, may apply to the court for the sealing of records relating to his conviction.
[
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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. Except as otherwise provided in this subsection, the civil rights set forth in subsection 3 are not restored to a person honorably discharged from probation if the person has previously been convicted in this state:
(a) Of a category A felony.
(b) Of an offense that would constitute a category A felony if committed as of the date of his discharge from probation.
(c) Two or more times of a felony, unless a felony for which the person has been convicted arose out of the same act, transaction or occurrence as another felony, in which case the convictions for those felonies shall be deemed to constitute a single conviction for the purposes of this paragraph.
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A person described in this
subsection may petition the court in which the person was convicted for an
order granting the restoration of his civil rights. The person may be
immediately restored to the civil rights set forth in paragraph (b) of
subsection 3 and may, 6 years after the date of his honorable discharge from
probation, be restored to the right to serve as a juror in a criminal action.
5. 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.
6. Upon his honorable discharge from probation, the person so discharged must be given an official document which provides that:
(a) He has received an honorable discharge from probation; and
(b) Unless he is subject to the limitations set forth in subsection 4, the civil rights set forth in subsection 3 have been restored to him.
7. Subject to the limitations set forth in subsection 4, a person who has been honorably discharged from probation in this state or elsewhere and whose official documentation of his honorable discharge from probation 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 and is eligible to be restored to the civil rights set forth in subsection 3, 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.
8. A person who has been honorably discharged from probation in this state or elsewhere 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 the civil rights set forth in subsection 3.”.
Amend sec. 4, page 5, between lines 15 and 16, by inserting:
“(b) A person convicted in the State of Nevada of an offense punishable as a category A felony.
(c) A person convicted in the State of Nevada or convicted in any place other than the State of Nevada of a crime that would constitute a category A felony if committed in this state on July 1, 2003.”.
Amend the bill as a whole by deleting sec. 11 and adding:
“Sec. 11. (Deleted by amendment.)”.
Amend sec. 13, pages 9 and 10, by deleting lines 11 through 44 on page 9 and lines 1 through 7 on page 10, and inserting:
“213.090 1. [When a pardon] Except as otherwise provided in subsection 2, 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;
(2) The right to hold office; and
(3) The right to serve as a juror in a civil action.
(b) Six years after the date that his pardon is granted, is restored to the right to serve as a juror in a criminal action.
2. Except as otherwise provided in this subsection, the civil rights set forth in subsection 1 are not restored to a person who has been granted a pardon if the person has previously been convicted in this state:
(a) Of a category A felony.
(b) Of an offense that would constitute a category A felony if committed as of the date that his pardon is granted.
(c) Two or more times of a felony, unless a felony for which the person has been convicted arose out of the same act, transaction or occurrence as another felony, in which case the convictions for those felonies shall be deemed to constitute a single conviction for the purposes of this paragraph.
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A person described in this
subsection may petition the court in which the person was convicted for an
order granting the restoration of his civil rights. The person may be
immediately restored to the civil rights set forth in paragraph (a) of
subsection 1 and may, 6 years after the date that his pardon is granted, be
restored to the right to serve as a juror in a criminal action.
3. Upon receiving a pardon, a person so pardoned must be given an official document which provides that:
(a) He has been granted a pardon; and
(b) Unless he is subject to the limitations set forth in subsection 2, the civil rights set forth in subsection 1 have been restored to him.
4. Subject to the limitations set forth in subsection 2, a person who has been granted a pardon in this state or elsewhere and whose official documentation of his 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 and is eligible to be restored to the civil rights set forth in subsection 1, 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 [have his civil rights restored or to be released from penalties and disabilities pursuant to this section.] receive such an order.
5. A person who has been granted a pardon in this state or elsewhere may present official documentation of his pardon or a court order restoring his civil rights as proof that he has been restored to the civil rights set forth in subsection 1.”.
Amend sec. 14, pages 10 and 11, by deleting lines 9 through 45 on page 10 and lines 1 through 12 on page 11, and inserting:
“213.155 1. [The Board may restore a paroled prisoner to his civil rights, conditioned upon the prisoner receiving] Except as otherwise provided in subsection 2, 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;
(2) The right to hold office; and
(3) The right to serve as a juror in a civil action.
(b) Six years after the date of his honorable discharge from parole, is restored to the right to serve as a juror in a criminal action.
2. Except as otherwise provided in this subsection, the civil rights set forth in subsection 1 are not restored to a person who has received an honorable discharge from parole if the person has previously been convicted in this state:
(a) Of a category A felony.
(b) Of an offense that would constitute a category A felony if committed as of the date of his honorable discharge from parole.
(c) Two or more times of a felony, unless a felony for which the person has been convicted arose out of the same act, transaction or occurrence as another felony, in which case the convictions for those felonies shall be deemed to constitute a single conviction for the purposes of this paragraph.
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A person described in this
subsection may petition the court in which the person was convicted for an
order granting the restoration of his civil rights. The person may be
immediately restored to the civil rights set forth in paragraph (a) of
subsection 1 and may, 6 years after the date of his honorable discharge from
parole, be restored to the right to serve as a juror in a criminal action.
3. Upon his honorable discharge from parole, a person so discharged must be given an official document which provides that:
(a) He has received an honorable discharge from parole; and
(b) Unless he is subject to the limitations set forth in subsection 2, the civil rights set forth in subsection 1 have been restored to him.
4. Subject to the limitations set forth in subsection 2, a person who has been honorably discharged from parole in this state or elsewhere and whose official documentation of his honorable discharge from parole 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 parole and is eligible to be restored to the civil rights set forth in subsection 1, 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 [have his civil rights restored or to be released from penalties and disabilities pursuant to this section.
6.] receive such an order.
5. A person who has been honorably discharged from parole in this state or elsewhere may present official documentation of his honorable discharge from parole or a court order restoring his civil rights as proof that he has been restored to the civil rights set forth in subsection 1.
6. The Board may adopt regulations necessary or convenient for the purposes of this section.”.
Amend sec. 15, pages 11 and 12, by deleting lines 14 through 45 on page 11 and lines 1 through 13 on page 12, and inserting:
“213.157 1. [In any case where a] Except as otherwise provided in subsection 2, 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] :
(a) Is immediately restored to the following civil rights:
(1) The right to vote;
(2) The right to hold office; and
(3) The right to serve as a juror in a civil action.
(b) Six years after the date of his release from prison, is restored to the right to serve as a juror in a criminal action.
2. Except as otherwise provided in this subsection, the civil rights set forth in subsection 1 are not restored to a person who has been released from prison if the person has previously been convicted in this state:
(a) Of a category A felony.
(b) Of an offense that would constitute a category A felony if committed as of the date of his release from prison.
(c) Two or more times of a felony, unless a felony for which the person has been convicted arose out of the same act, transaction or occurrence as another felony, in which case the convictions for those felonies shall be deemed to constitute a single conviction for the purposes of this paragraph.
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A person described in this
subsection may petition the court in which the person was convicted for an
order granting the restoration of his civil rights. The person may be
immediately restored to the civil rights set forth in paragraph (a) of
subsection 1 and may, 6 years after the date of his release from prison, be
restored to the right to serve as a juror in a criminal action.
3. Upon his release from prison, a person so released must be given an official document which provides that:
(a) He has been released from prison; and
(b) Unless he is subject to the limitations set forth in subsection 2, the civil rights set forth in subsection 1 have been restored to him.
4. Subject to the limitations set forth in subsection 2, a person who has been released from prison in this state or elsewhere and whose official documentation of his release from prison 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 eligible to be restored to the civil rights set forth in subsection 1, 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 [have his civil rights restored or to be released from penalties and disabilities pursuant to this section.] receive such an order.
5. A person who has been released from prison in this state or elsewhere may present official documentation of his release from prison or a court order restoring his civil rights as proof that he has been restored to the civil rights set forth in subsection 1.”.
Amend the bill as a whole by deleting sections 21 through 23 and adding:
“Secs. 21-23. (Deleted by amendment.)”.
Amend sec. 74, page 64, line 45, by deleting:
“October 1, 2003,” and inserting:
“July 1, 2003,”.
Amend sec. 74, page 65, lines 6 and 7, by deleting:
“and was not subject to probation or parole”.
Amend sec. 74, page 65, line 8, by deleting “other state” and inserting:
“other state, who is not on probation or parole or serving a sentence of imprisonment on July 1, 2003,”.
Amend sec. 74, page 65, by deleting lines 13 through 16 and inserting:
“(1) The right to vote;
(2) The right to hold office; and
(3) The right to serve as a juror in a civil action.
(b) Six years after the date on which he is released from his sentence of imprisonment, is restored to the right to serve as a juror in a criminal action.”.
Amend sec. 74, page 65, line 18, after “section” by inserting “and”.
Amend sec. 74, page 65, lines 30 and 31, by deleting:
“his right to vote, to hold office and to serve as a juror.” and inserting:
“the civil rights set forth in subsection 2.”.
Amend the title of the bill by deleting the second through fourth lines and inserting:
“restoration of the civil rights of certain persons who are honorably discharged from probation or parole, pardoned or released from prison after serving a sentence; providing”.