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 44 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) Two years after the date of his honorable discharge from probation, is restored to the following civil rights:
(1) The right to vote; and
(2) The right to serve as a juror in a civil action.
(c) Four years after the date of his honorable discharge from probation, is restored to the right to hold office.
(d) 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.
(e) 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]
(f) 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)] (g) 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)] (h) 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)] (i) Except as otherwise provided in paragraph [(c),] (h), 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 honorable discharge from probation.
(c) Of a category B felony involving the use or threatened use of force or violence against the victim.
(d) Of an offense involving the use or threatened use of force or violence against the victim that would constitute a category B felony if committed as of the date of his honorable discharge from probation.
(e) 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 as set forth in subsection
3.
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:
(a) That he has received an honorable discharge from probation; and
(b) Unless he is subject to the limitations set forth in subsection 4, the date on which each of the civil rights set forth in subsection 3 will be 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:
(a) Official documentation of his honorable discharge from probation, if it contains the provisions set forth in subsection 6; or
(b) A court order restoring his civil rights,
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as proof that he has been
restored to the civil rights set forth in subsection 3.”.
Amend sec. 13, pages 10 and 11, by deleting lines 18 through 44 on page 10 and lines 1 through 19 on page 11, and inserting:
“(a) Two years after the date that his pardon is granted, is restored to the following civil rights:
(1) The right to vote; and
(2) The right to serve as a juror in a civil action.
(b) Four years after the date that his pardon is granted, is restored to the right to hold office.
(c) 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) Of a category B felony involving the use or threatened use of force or violence against the victim.
(d) Of an offense involving the use or threatened use of force or violence against the victim that would constitute a category B felony if committed as of the date that his pardon is granted.
(e) 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 as set forth in subsection
1.
3. Upon receiving a pardon, a person so pardoned must be given an official document which provides:
(a) That he has been granted a pardon; and
(b) Unless he is subject to the limitations set forth in subsection 2, the date on which each of the civil rights set forth in subsection 1 will be 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:
(a) Official documentation of his pardon, if it contains the provisions set forth in subsection 3; or
(b) A court order restoring his civil rights,
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as proof that he
has been restored to the civil rights set forth in subsection 1.”.
Amend sec. 14, pages 11 and 12, by deleting lines 43 through 45 on page 11 and lines 1 through 30 on page 12, and inserting:
“(a) Two years after the date of his honorable discharge from parole, is restored to the following civil rights:
(1) The right to vote; and
(2) The right to serve as a juror in a civil action.
(b) Four years after the date of his honorable discharge from parole, is restored to the right to hold office.
(c) 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) Of a category B felony involving the use or threatened use of force or violence against the victim.
(d) Of an offense involving the use or threatened use of force or violence against the victim that would constitute a category B felony if committed as of the date of his honorable discharge from parole.
(e) 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 as set forth in subsection
1.
3. Upon his honorable discharge from parole, a person so discharged must be given an official document which provides:
(a) That he has received an honorable discharge from parole; and
(b) Unless he is subject to the limitations set forth in subsection 2, the date on which each of the civil rights set forth in subsection 1 will be restored to him.”.
Amend sec. 14, pages 12 and 13, by deleting lines 44 and 45 on page 12 and lines 1 through 3 on page 13, and inserting:
“5. A person who has been honorably discharged from parole in this state or elsewhere may present:
(a) Official documentation of his honorable discharge from parole, if it contains the provisions set forth in subsection 3; or
(b) A court order restoring his civil rights,
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as proof that he
has been restored to the civil rights set forth in subsection 1.”.
Amend sec. 15, pages 13 and 14, by deleting lines 24 through 45 on page 13 and lines 1 through 24 on page 14, and inserting:
“(a) Two years after the date of his release from prison, is restored to the following civil rights:
(1) The right to vote; and
(2) The right to serve as a juror in a civil action.
(b) Four years after the date of his release from prison, is restored to the right to hold office.
(c) 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) Of a category B felony involving the use or threatened use of force or violence against the victim.
(d) Of an offense involving the use or threatened use of force or violence against the victim that would constitute a category B felony if committed as of the date of his release from prison.
(e) 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 as set forth in subsection
1.
3. Upon his release from prison, a person so released must be given an official document which provides:
(a) That he has been released from prison; and
(b) Unless he is subject to the limitations set forth in subsection 2, the date on which each of the civil rights set forth in subsection 1 will be 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:
(a) Official documentation of his release from prison, if it contains the provisions set forth in subsection 3; or
(b) A court order restoring his civil rights,
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as proof that he has been
restored to the civil rights set forth in subsection 1.”.
Amend sec. 74, page 64, by deleting lines 24 through 31 and inserting:
“2. A person listed in subsection 1:
(a) Two years after the date on which he is released from his sentence of imprisonment, is restored to the following civil rights:
(1) The right to vote; and
(2) The right to serve as a juror in a civil action.
(b) Four years after the date on which he is released from his sentence of imprisonment, is restored to the right to hold office.
(c) 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.”.