Senate Bill No. 397–Committee on Judiciary

 

(On Behalf of the Attorney General)

 

March 20, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises various provisions governing sex offenders and offenders convicted of crime against child. (BDR 14‑441)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to public safety; revising certain provisions governing registration and community notification of sex offenders and offenders convicted of a crime against a child; requiring sex offenders and offenders convicted of a crime against a child who are enrolled in or work at institutions of higher education to register with local law enforcement agencies in whose jurisdiction the institutions of higher education are located; requiring such local law enforcement agencies to notify appropriate campus police departments; providing immunity for certain entities and persons for certain acts or omissions relating to information obtained, maintained or disclosed under certain circumstances; making various other changes concerning conditions of parole and probation for certain sex offenders; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

 

 

2-1  Section 1. NRS 176.0926 is hereby amended to read as

2-2  follows:

2-3  176.0926  1.  If a defendant is convicted of a crime against a

2-4  child, the court shall, before imposing sentence:

2-5  (a) Notify the Central Repository of the conviction of the

2-6  defendant, so the Central Repository may carry out the provisions

2-7  for registration of the defendant pursuant to NRS 179D.230.

2-8  (b) Inform the defendant of the requirements for registration,

2-9  including, but not limited to:

2-10          (1) The duty to register in this state during any period in

2-11  which he is a resident of this state or a nonresident who is a student

2-12  or worker within this state and the time within which he is required

2-13  to register pursuant to NRS 179D.240;

2-14          (2) The duty to register in any other jurisdiction during any

2-15  period in which he is a resident of the other jurisdiction or a

2-16  nonresident who is a student or worker within the other jurisdiction;

2-17          (3) If he moves from this state to another jurisdiction, the

2-18  duty to register with the appropriate law enforcement agency in the

2-19  other jurisdiction; [and]

2-20          (4) The duty to notify the local law enforcement agency in

2-21  whose jurisdiction he formerly resided, in person or in writing, if he

2-22  changes the address at which he resides, including if he moves from

2-23  this state to another jurisdiction, or changes the primary address at

2-24  which he is a student or worker[.] ; and

2-25          (5) The duty to notify immediately the appropriate local law

2-26  enforcement agency if the defendant is, expects to be or becomes

2-27  enrolled as a student at an institution of higher education or

2-28  changes the date of commencement or termination of his

2-29  enrollment at an institution of higher education or if the

2-30  defendant is, expects to be or becomes a worker at an institution of

2-31  higher education or changes the date of commencement or

2-32  termination of his work at an institution of higher education.

2-33      (c) Require the defendant to read and sign a form confirming

2-34  that the requirements for registration have been explained to him.

2-35      2.  The failure to provide the defendant with the information or

2-36  confirmation form required by paragraphs (b) and (c) of subsection

2-37  1 does not affect the duty of the defendant to register and to comply

2-38  with all other provisions for registration pursuant to NRS 179D.200

2-39  to 179D.290, inclusive.

2-40      Sec. 2.  NRS 176.0927 is hereby amended to read as follows:

2-41      176.0927  1.  If a defendant is convicted of a sexual offense,

2-42  the court shall, before imposing sentence:

2-43      (a) Notify the Central Repository of the conviction of the

2-44  defendant, so the Central Repository may carry out the provisions

2-45  for registration of the defendant pursuant to NRS 179D.450.

3-1  (b) Inform the defendant of the requirements for registration,

3-2  including, but not limited to:

3-3       (1) The duty to register in this state during any period in

3-4  which he is a resident of this state or a nonresident who is a student

3-5  or worker within this state and the time within which he is required

3-6  to register pursuant to NRS 179D.460;

3-7       (2) The duty to register in any other jurisdiction during any

3-8  period in which he is a resident of the other jurisdiction or a

3-9  nonresident who is a student or worker within the other jurisdiction;

3-10          (3) If he moves from this state to another jurisdiction, the

3-11  duty to register with the appropriate law enforcement agency in the

3-12  other jurisdiction; [and]

3-13          (4) The duty to notify the local law enforcement agency in

3-14  whose jurisdiction he formerly resided, in person or in writing, if he

3-15  changes the address at which he resides, including if he moves from

3-16  this state to another jurisdiction, or changes the primary address at

3-17  which he is a student or worker[.] ; and

3-18          (5) The duty to notify immediately the appropriate local law

3-19  enforcement agency if the defendant is, expects to be or becomes

3-20  enrolled as a student at an institution of higher education or

3-21  changes the date of commencement or termination of his

3-22  enrollment at an institution of higher education or if the

3-23  defendant is, expects to be or becomes a worker at an institution of

3-24  higher education or changes the date of commencement or

3-25  termination of his work at an institution of higher education.

3-26      (c) Require the defendant to read and sign a form stating that the

3-27  requirements for registration have been explained to him.

3-28      2.  The failure to provide the defendant with the information or

3-29  confirmation form required by paragraphs (b) and (c) of subsection

3-30  1 does not affect the duty of the defendant to register and to comply

3-31  with all other provisions for registration pursuant to NRS 179D.350

3-32  to 179D.550, inclusive.

3-33      Sec. 3.  NRS 176A.410 is hereby amended to read as follows:

3-34      176A.410  1.  Except as otherwise provided in subsection 3, if

3-35  a defendant is convicted of a sexual offense and the court grants

3-36  probation or suspends the sentence, the court shall, in addition to

3-37  any other condition ordered pursuant to NRS 176A.400, order as a

3-38  condition of probation or suspension of sentence that the defendant:

3-39      (a) Reside at a location only if it has been approved by the

3-40  parole and probation officer assigned to the defendant[;] and keep

3-41  the parole and probation officer informed of his current address;

3-42      (b) Accept a position of employment or a position as a

3-43  volunteer only if it has been approved by the parole and probation

3-44  officer assigned to the defendant[;] and keep the parole and

4-1  probation officer informed of the location of his position of

4-2  employment or position as a volunteer;

4-3  (c) Abide by any curfew imposed by the parole and probation

4-4  officer assigned to the defendant;

4-5  (d) Participate in and complete a program of professional

4-6  counseling approved by the Division;

4-7  (e) Submit to periodic tests, as requested by the parole and

4-8  probation officer assigned to the defendant, to determine whether

4-9  the defendant is using a controlled substance;

4-10      (f) Submit to periodic polygraph examinations, as requested by

4-11  the parole and probation officer assigned to the defendant;

4-12      (g) Abstain from consuming, possessing or having under his

4-13  control any alcohol;

4-14      (h) Not have contact or communicate with a victim of the sexual

4-15  offense or a witness who testified against the defendant or solicit

4-16  another person to engage in such contact or communication on

4-17  behalf of the defendant, unless approved by the parole and probation

4-18  officer assigned to the defendant, and a written agreement is entered

4-19  into and signed in the manner set forth in subsection 2;

4-20      (i) Not use aliases or fictitious names;

4-21      (j) Not obtain a post office box unless the defendant receives

4-22  permission from the parole and probation officer assigned to the

4-23  defendant;

4-24      (k) Not have contact with a person less than 18 years of age in a

4-25  secluded environment unless another adult who has never been

4-26  convicted of a sexual offense is present and permission has been

4-27  obtained from the parole and probation officer assigned to the

4-28  defendant in advance of each such contact;

4-29      (l) Unless approved by the parole and probation officer assigned

4-30  to the defendant and by a psychiatrist, psychologist or counselor

4-31  treating the defendant, if any, not be in or near:

4-32          (1) A playground, park, school or school grounds;

4-33          (2) A motion picture theater; or

4-34          (3) A business that primarily has children as customers or

4-35  conducts events that primarily children attend;

4-36      (m) Comply with any protocol concerning the use of

4-37  prescription medication prescribed by a treating physician,

4-38  including, without limitation, any protocol concerning the use of

4-39  psychotropic medication;

4-40      (n) Not possess any sexually explicit material that is deemed

4-41  inappropriate by the parole and probation officer assigned to the

4-42  defendant;

4-43      (o) Not patronize a business which offers a sexually related form

4-44  of entertainment and which is deemed inappropriate by the parole

4-45  and probation officer assigned to the defendant; [and]

5-1  (p) Not possess any electronic device capable of accessing the

5-2  Internet and not access the Internet through any such device or any

5-3  other means, unless possession of such a device or such access is

5-4  approved by the parole and probation officer assigned to the

5-5  defendant[.] ; and

5-6  (q) Inform the parole and probation officer assigned to the

5-7  defendant if the defendant expects to be or becomes enrolled as a

5-8  student at an institution of higher education or changes the date

5-9  of commencement or termination of his enrollment at an

5-10  institution of higher education. As used in this paragraph,

5-11  “institution of higher education” has the meaning ascribed to it in

5-12  section 6 of this act.

5-13      2.  A written agreement entered into pursuant to paragraph (h)

5-14  of subsection 1 must state that the contact or communication is in

5-15  the best interest of the victim or witness, and specify the type of

5-16  contact or communication authorized. The written agreement must

5-17  be signed and agreed to by:

5-18      (a) The victim or the witness;

5-19      (b) The defendant;

5-20      (c) The parole and probation officer assigned to the defendant;

5-21      (d) The psychiatrist, psychologist or counselor treating the

5-22  defendant, victim or witness, if any; and

5-23      (e) If the victim or witness is a child under 18 years of age, each

5-24  parent, guardian or custodian of the child.

5-25      3.  The court is not required to impose a condition of probation

5-26  or suspension of sentence listed in subsection 1 if the court finds

5-27  that extraordinary circumstances are present and the court enters

5-28  those extraordinary circumstances in the record.

5-29      4.  As used in this section, “sexual offense” has the meaning

5-30  ascribed to it in NRS 179D.410.

5-31      Sec. 4.  Chapter 179D of NRS is hereby amended by adding

5-32  thereto the provisions set forth as sections 5 and 6 of this act.

5-33      Sec. 5. “Campus police department” means any campus

5-34  police department or campus security department at an institution

5-35  of higher education.

5-36      Sec. 6.  “Institution of higher education” means:

5-37      1.  A university, college or community college which is

5-38  privately owned or which is part of the University and Community

5-39  College System of Nevada; and

5-40      2.  A postsecondary educational institution, as defined in NRS

5-41  394.099, or any other institution of higher education.

5-42      Sec. 7.  NRS 179D.010 is hereby amended to read as follows:

5-43      179D.010  As used in this chapter, unless the context otherwise

5-44  requires, the words and terms defined in NRS 179D.020 to

6-1  179D.120, inclusive, and sections 5 and 6 of this act have the

6-2  meanings ascribed to them in those sections.

6-3  Sec. 8.  NRS 179D.110 is hereby amended to read as follows:

6-4  179D.110  “Student” means a person who is enrolled in and

6-5  attends, on a full-time or part-time basis within this state, any course

6-6  of academic or vocational instruction conducted by a public or

6-7  private educational institution or school, including, but not limited

6-8  to, any of the following institutions or schools:

6-9  1.  [A university, college or community college which is

6-10  privately owned or which is part of the University and Community

6-11  College System of Nevada.

6-12      2.  A postsecondary educational institution, as defined in NRS

6-13  394.099, or any other] An institution of higher education.

6-14      [3.] 2. A trade school or vocational school.

6-15      [4.] 3. A public school, as defined in NRS 385.007, or a private

6-16  school, as defined in NRS 394.103.

6-17      Sec. 9.  NRS 179D.150 is hereby amended to read as follows:

6-18      179D.150  Except as otherwise provided in NRS 179D.530, a

6-19  record of registration must include, if the information is available:

6-20      1.  Information identifying the offender, including, but not

6-21  limited to:

6-22      (a) The name of the offender and all aliases that he has used or

6-23  under which he has been known;

6-24      (b) A complete physical description of the offender, a current

6-25  photograph of the offender and the fingerprints of the offender;

6-26      (c) The date of birth and the social security number of the

6-27  offender;

6-28      (d) The identification number from a driver’s license or an

6-29  identification card issued to the offender by this state or any other

6-30  jurisdiction; and

6-31      (e) Any other information that identifies the offender.

6-32      2.  Information concerning the residence of the offender,

6-33  including, but not limited to:

6-34      (a) The address at which the offender resides;

6-35      (b) The length of time he has resided at that address and the

6-36  length of time he expects to reside at that address;

6-37      (c) The address or location of any other place where he expects

6-38  to reside in the future and the length of time he expects to reside

6-39  there; and

6-40      (d) The length of time he expects to remain in the county where

6-41  he resides and in this state.

6-42      3.  Information concerning the offender’s occupations,

6-43  employment or work or expected occupations, employment or work,

6-44  including, but not limited to, the name, address and type of business

6-45  of all current and expected future employers of the offender.

7-1  4.  Information concerning the offender’s volunteer service or

7-2  expected volunteer service in connection with any activity or

7-3  organization within this state, including, but not limited to, the

7-4  name, address and type of each such activity or organization.

7-5  5.  Information concerning the offender’s enrollment or

7-6  expected enrollment as a student in any public or private educational

7-7  institution or school within this state, including, but not limited to,

7-8  the name, address and type of each such educational institution or

7-9  school.

7-10      6.  Information concerning whether:

7-11      (a) The offender is, expects to be or becomes enrolled as a

7-12  student at an institution of higher education or changes the date

7-13  of commencement or termination of his enrollment at an

7-14  institution of higher education; or

7-15      (b) The offender is, expects to be or becomes a worker at an

7-16  institution of higher education or changes the date of

7-17  commencement or termination of his work at an institution of

7-18  higher education,

7-19  including, but not limited to, the name, address and type of each

7-20  such institution of higher education.

7-21      7.  The license number and a description of all motor vehicles

7-22  registered to or frequently driven by the offender.

7-23      [7.] 8. The level of community notification assigned to the

7-24  offender.

7-25      [8.] 9. The following information for each offense for which

7-26  the offender has been convicted:

7-27      (a) The court in which he was convicted;

7-28      (b) The name under which he was convicted;

7-29      (c) The name and location of each penal institution, school,

7-30  hospital, mental facility or other institution to which he was

7-31  committed;

7-32      (d) The specific location where the offense was committed;

7-33      (e) The age, the gender, the race and a general physical

7-34  description of the victim; and

7-35      (f) The method of operation that was used to commit the

7-36  offense, including, but not limited to:

7-37          (1) Specific sexual acts committed against the victim;

7-38          (2) The method of obtaining access to the victim, such as the

7-39  use of enticements, threats, forced entry or violence against the

7-40  victim;

7-41          (3) The type of injuries inflicted on the victim;

7-42          (4) The types of instruments, weapons or objects used;

7-43          (5) The type of property taken; and

7-44          (6) Any other distinctive characteristic of the behavior or

7-45  personality of the offender.

8-1  Sec. 10.  NRS 179D.170 is hereby amended to read as follows:

8-2  179D.170  Upon receiving from [the Division,] a local law

8-3  enforcement agency, pursuant to NRS 179D.010 to 179D.550,

8-4  inclusive:

8-5  1.  A record of registration;

8-6  2.  Fingerprints or a photograph of an offender;

8-7  3.  A new address of an offender; or

8-8  4.  Any other updated information,

8-9  the Central Repository shall immediately provide the record of

8-10  registration, fingerprints, photograph, new address or updated

8-11  information to the Federal Bureau of Investigation.

8-12      Sec. 11.  NRS 179D.230 is hereby amended to read as follows:

8-13      179D.230  1.  If the Central Repository receives notice from a

8-14  court pursuant to NRS 176.0926 that an offender has been convicted

8-15  of a crime against a child, the Central Repository shall:

8-16      (a) If a record of registration has not previously been established

8-17  for the offender, notify the local law enforcement agency so that a

8-18  record of registration may be established; or

8-19      (b) If a record of registration has previously been established for

8-20  the offender, update the record of registration for the offender and

8-21  notify the appropriate local law enforcement agencies.

8-22      2.  If the offender named in the notice is granted probation or

8-23  otherwise will not be incarcerated or confined, the Central

8-24  Repository shall immediately provide notification concerning the

8-25  offender to the appropriate local law enforcement agencies and, if

8-26  the offender resides in a jurisdiction which is outside of this state, to

8-27  the appropriate law enforcement agency in that jurisdiction.

8-28      3.  If an offender is incarcerated or confined and has previously

8-29  been convicted of a crime against a child, before the offender is

8-30  released:

8-31      (a) The Department of Corrections or a local law enforcement

8-32  agency in whose facility the offender is incarcerated or confined

8-33  shall:

8-34          (1) Inform the offender of the requirements for registration,

8-35  including, but not limited to:

8-36              (I) The duty to register in this state during any period in

8-37  which he is a resident of this state or a nonresident who is a student

8-38  or worker within this state and the time within which he is required

8-39  to register pursuant to NRS 179D.240;

8-40              (II) The duty to register in any other jurisdiction during

8-41  any period in which he is a resident of the other jurisdiction or a

8-42  nonresident who is a student or worker within the other jurisdiction;

8-43              (III) If he moves from this state to another jurisdiction,

8-44  the duty to register with the appropriate law enforcement agency in

8-45  the other jurisdiction; [and]

9-1           (IV) The duty to notify the local law enforcement agency

9-2  for the jurisdiction in which he now resides, in person, and the

9-3  jurisdiction in which he most recently resided, in person or in

9-4  writing, if he changes the address at which he resides, including if

9-5  he moves from this state to another jurisdiction, or changes the

9-6  primary address at which he is a student or worker; and

9-7           (V) The duty to notify immediately the appropriate local

9-8  law enforcement agency if the offender is, expects to be or

9-9  becomes enrolled as a student at an institution of higher education

9-10  or changes the date of commencement or termination of his

9-11  enrollment at an institution of higher education or if the offender

9-12  is, expects to be or becomes a worker at an institution of higher

9-13  education or changes the date of commencement or termination of

9-14  his work at an institution of higher education; and

9-15          (2) Require the offender to read and sign a form confirming

9-16  that the requirements for registration have been explained to him

9-17  and to forward the form to the Central Repository.

9-18      (b) The Central Repository shall:

9-19          (1) Update the record of registration for the offender; and

9-20          (2) Provide notification concerning the offender to the

9-21  appropriate local law enforcement agencies and, if the offender will

9-22  reside upon release in a jurisdiction which is outside of this state, to

9-23  the appropriate law enforcement agency in that jurisdiction.

9-24      4.  The failure to provide an offender with the information or

9-25  confirmation form required by paragraph (a) of subsection 3 does

9-26  not affect the duty of the offender to register and to comply with all

9-27  other provisions for registration.

9-28      5.  If the Central Repository receives notice from another

9-29  jurisdiction or the Federal Bureau of Investigation that an offender

9-30  convicted of a crime against a child is now residing or is a student or

9-31  worker within this state, the Central Repository shall:

9-32      (a) Immediately provide notification concerning the offender to

9-33  the appropriate local law enforcement agencies; and

9-34      (b) Establish a record of registration for the offender with the

9-35  assistance of the local law enforcement agency.

9-36      Sec. 12.  NRS 179D.240 is hereby amended to read as follows:

9-37      179D.240  1.  In addition to any other registration that is

9-38  required pursuant to NRS 179D.230, each offender who, after

9-39  July 1, 1956, is or has been convicted of a crime against a child shall

9-40  register with a local law enforcement agency pursuant to the

9-41  provisions of this section.

9-42      2.  Except as otherwise provided in subsection 3, if the offender

9-43  resides or is present for 48 hours or more within:

9-44      (a) A county; or

10-1      (b) An incorporated city that does not have a city police

10-2  department,

10-3  the offender shall be deemed a resident offender and shall register

10-4  with the sheriff’s office of the county or, if the county or the city is

10-5  within the jurisdiction of a metropolitan police department, the

10-6  metropolitan police department, not later than 48 hours after

10-7  arriving or establishing a residence within the county or the city.

10-8      3.  If the offender resides or is present for 48 hours or more

10-9  within an incorporated city that has a city police department, the

10-10  offender shall be deemed a resident offender and shall register with

10-11  the city police department not later than 48 hours after arriving or

10-12  establishing a residence within the city.

10-13     4.  If the offender is a nonresident offender who is a student or

10-14  worker within this state, the offender shall register with the

10-15  appropriate sheriff’s office, metropolitan police department or city

10-16  police department in whose jurisdiction he is a student or worker not

10-17  later than 48 hours after becoming a student or worker within this

10-18  state.

10-19     5.  A resident or nonresident offender shall immediately notify

10-20  the appropriate local law enforcement agency if:

10-21     (a) The offender is, expects to be or becomes enrolled as a

10-22  student at an institution of higher education or changes the date

10-23  of commencement or termination of his enrollment at an

10-24  institution of higher education; or

10-25     (b) The offender is, expects to be or becomes a worker at an

10-26  institution of higher education or changes the date of

10-27  commencement or termination of his work at an institution of

10-28  higher education.

10-29  The offender shall provide the name, address and type of each

10-30  such institution of higher education.

10-31     6.  To register with a local law enforcement agency pursuant to

10-32  this section, the offender shall:

10-33     (a) Appear personally at the office of the appropriate local law

10-34  enforcement agency;

10-35     (b) Provide all information that is requested by the local law

10-36  enforcement agency, including, but not limited to, fingerprints and a

10-37  photograph; and

10-38     (c) Sign and date the record of registration or some other proof

10-39  of registration in the presence of an officer of the local law

10-40  enforcement agency.

10-41     [6.] 7. When an offender registers, the local law enforcement

10-42  agency shall:

10-43     (a) Inform the offender of the duty to notify the local law

10-44  enforcement agency if the offender changes the address at which he

11-1  resides or changes the primary address at which he is a student or

11-2  worker; and

11-3      (b) Inform the offender of the duty to register with the local law

11-4  enforcement agency in whose jurisdiction the offender relocates.

11-5      [7.] 8. After the offender registers with the local law

11-6  enforcement agency, the local law enforcement agency shall

11-7  forward to the Central Repository the information collected,

11-8  including the fingerprints and a photograph of the offender.

11-9      [8.] 9. If the Central Repository has not previously established

11-10  a record of registration for an offender described in subsection [7,]

11-11  8, the Central Repository shall:

11-12     (a) Establish a record of registration for the offender; and

11-13     (b) Provide notification concerning the offender to the

11-14  appropriate local law enforcement agencies.

11-15     10.  When an offender notifies a local law enforcement

11-16  agency that:

11-17     (a) The offender is, expects to be or becomes enrolled as a

11-18  student at an institution of higher education or changes the date

11-19  of commencement or termination of his enrollment at an

11-20  institution of higher education; or

11-21     (b) The offender is, expects to be or becomes a worker at an

11-22  institution of higher education or changes the date of

11-23  commencement or termination of his work at an institution of

11-24  higher education,

11-25  and provides the name, address and type of each such institution

11-26  of higher education, the local law enforcement agency shall

11-27  immediately provide that information to the Central Repository

11-28  and to the appropriate campus police department.

11-29     Sec. 13.  NRS 179D.410 is hereby amended to read as follows:

11-30     179D.410  “Sexual offense” means any of the following

11-31  offenses:

11-32     1.  Murder of the first degree committed in the perpetration or

11-33  attempted perpetration of sexual assault or of sexual abuse or sexual

11-34  molestation of a child less than 14 years of age pursuant to

11-35  paragraph (b) of subsection 1 of NRS 200.030.

11-36     2.  Sexual assault pursuant to NRS 200.366.

11-37     3.  Statutory sexual seduction pursuant to NRS 200.368.

11-38     4.  Battery with intent to commit sexual assault pursuant to

11-39  NRS 200.400.

11-40     5.  An offense involving the administration of a drug to another

11-41  person with the intent to enable or assist the commission of a felony

11-42  pursuant to NRS 200.405, if the felony is an offense listed in this

11-43  section.

11-44     6.  An offense involving the administration of a controlled

11-45  substance to another person with the intent to enable or assist the

12-1  commission of a crime of violence pursuant to NRS 200.408, if the

12-2  crime of violence is an offense listed in this section.

12-3      7.  Abuse of a child pursuant NRS 200.508, if the abuse

12-4  involved sexual abuse or sexual exploitation.

12-5      8.  An offense involving pornography and a minor pursuant to

12-6  NRS 200.710 to 200.730, inclusive.

12-7      9.  Incest pursuant to NRS 201.180.

12-8      10.  Solicitation of a minor to engage in acts constituting the

12-9  infamous crime against nature pursuant to NRS 201.195.

12-10     11.  Open or gross lewdness pursuant to NRS 201.210.

12-11     12.  Indecent or obscene exposure pursuant to NRS 201.220.

12-12     13.  Lewdness with a child pursuant to NRS 201.230.

12-13     14.  Sexual penetration of a dead human body pursuant to

12-14  NRS 201.450.

12-15     15.  Luring a child using a computer, system or network

12-16  pursuant to NRS 201.560, if punished as a felony.

12-17     16.  Annoyance or molestation of a minor pursuant to

12-18  NRS 207.260.

12-19     17.  An attempt or conspiracy to commit an offense listed in

12-20  subsections 1 to 16, inclusive.

12-21     18.  An offense that is determined to be sexually motivated

12-22  pursuant to NRS 175.547 or 207.193.

12-23     19.  An offense committed in another jurisdiction that, if

12-24  committed in this state, would be an offense listed in this section.

12-25  This subsection includes, but is not limited to, an offense prosecuted

12-26  in:

12-27     (a) A tribal court.

12-28     (b) A court of the United States or the Armed Forces of the

12-29  United States.

12-30     20.  An offense of a sexual nature committed in another

12-31  jurisdiction, whether or not the offense would be an offense listed in

12-32  this section, if the person who committed the offense resides or has

12-33  resided or is or has been a student or worker in any jurisdiction in

12-34  which the person is or has been required by the laws of that

12-35  jurisdiction to register as a sex offender because of the offense. This

12-36  subsection includes, but is not limited to, an offense prosecuted in:

12-37     (a) A tribal court.

12-38     (b) A court of the United States or the Armed Forces of the

12-39  United States.

12-40     (c) A court having jurisdiction over juveniles.

12-41     Sec. 14.  NRS 179D.450 is hereby amended to read as follows:

12-42     179D.450  1.  If the Central Repository receives notice from a

12-43  court pursuant to NRS 176.0927 that a sex offender has been

12-44  convicted of a sexual offense or pursuant to NRS 62.590 that a

13-1  juvenile sex offender has been deemed to be an adult sex offender,

13-2  the Central Repository shall:

13-3      (a) If a record of registration has not previously been established

13-4  for the sex offender, notify the local law enforcement agency so that

13-5  a record of registration may be established; or

13-6      (b) If a record of registration has previously been established for

13-7  the sex offender, update the record of registration for the sex

13-8  offender and notify the appropriate local law enforcement agencies.

13-9      2.  If the sex offender named in the notice is granted probation

13-10  or otherwise will not be incarcerated or confined or if the sex

13-11  offender named in the notice has been deemed to be an adult sex

13-12  offender pursuant to NRS 62.590 and is not otherwise incarcerated

13-13  or confined:

13-14     (a) The Central Repository shall immediately provide

13-15  notification concerning the sex offender to the appropriate local law

13-16  enforcement agencies and, if the sex offender resides in a

13-17  jurisdiction which is outside of this state, to the appropriate law

13-18  enforcement agency in that jurisdiction; and

13-19     (b) If the sex offender is subject to community notification, the

13-20  Central Repository shall arrange for the assessment of the risk of

13-21  recidivism of the sex offender pursuant to the guidelines and

13-22  procedures for community notification established by the Attorney

13-23  General pursuant to NRS 179D.600 to 179D.800, inclusive.

13-24     3.  If a sex offender is incarcerated or confined and has

13-25  previously been convicted of a sexual offense as described in NRS

13-26  179D.410, before the sex offender is released:

13-27     (a) The Department of Corrections or a local law enforcement

13-28  agency in whose facility the sex offender is incarcerated or confined

13-29  shall:

13-30         (1) Inform the sex offender of the requirements for

13-31  registration, including, but not limited to:

13-32             (I) The duty to register in this state during any period in

13-33  which he is a resident of this state or a nonresident who is a student

13-34  or worker within this state and the time within which he is required

13-35  to register pursuant to NRS 179D.460;

13-36             (II) The duty to register in any other jurisdiction during

13-37  any period in which he is a resident of the other jurisdiction or a

13-38  nonresident who is a student or worker within the other jurisdiction;

13-39             (III) If he moves from this state to another jurisdiction,

13-40  the duty to register with the appropriate law enforcement agency in

13-41  the other jurisdiction; [and]

13-42             (IV) The duty to notify the local law enforcement agency

13-43  for the jurisdiction in which he now resides, in person, and the

13-44  jurisdiction in which he formerly resided, in person or in writing, if

13-45  he changes the address at which he resides, including if he moves

14-1  from this state to another jurisdiction, or changes the primary

14-2  address at which he is a student or worker; and

14-3              (V) The duty to notify immediately the appropriate local

14-4  law enforcement agency if the sex offender is, expects to be or

14-5  becomes enrolled as a student at an institution of higher education

14-6  or changes the date of commencement or termination of his

14-7  enrollment at an institution of higher education or if the sex

14-8  offender is, expects to be or becomes a worker at an institution of

14-9  higher education or changes the date of commencement or

14-10  termination of his work at an institution of higher education; and

14-11         (2) Require the sex offender to read and sign a form

14-12  confirming that the requirements for registration have been

14-13  explained to him and to forward the form to the Central Repository.

14-14     (b) The Central Repository shall:

14-15         (1) Update the record of registration for the sex offender;

14-16         (2) If the sex offender is subject to community notification,

14-17  arrange for the assessment of the risk of recidivism of the sex

14-18  offender pursuant to the guidelines and procedures for community

14-19  notification established by the Attorney General pursuant to NRS

14-20  179D.600 to 179D.800, inclusive; and

14-21         (3) Provide notification concerning the sex offender to the

14-22  appropriate local law enforcement agencies and, if the sex offender

14-23  will reside upon release in a jurisdiction which is outside of this

14-24  state, to the appropriate law enforcement agency in that jurisdiction.

14-25     4.  The failure to provide a sex offender with the information or

14-26  confirmation form required by paragraph (a) of subsection 3 does

14-27  not affect the duty of the sex offender to register and to comply with

14-28  all other provisions for registration.

14-29     5.  If the Central Repository receives notice from another

14-30  jurisdiction or the Federal Bureau of Investigation that a sex

14-31  offender is now residing or is a student or worker within this state,

14-32  the Central Repository shall:

14-33     (a) Immediately provide notification concerning the sex offender

14-34  to the appropriate local law enforcement agencies;

14-35     (b) Establish a record of registration for the sex offender; and

14-36     (c) If the sex offender is subject to community notification,

14-37  arrange for the assessment of the risk of recidivism of the sex

14-38  offender pursuant to the guidelines and procedures for community

14-39  notification established by the Attorney General pursuant to NRS

14-40  179D.600 to 179D.800, inclusive.

14-41     Sec. 15.  NRS 179D.460 is hereby amended to read as follows:

14-42     179D.460  1.  In addition to any other registration that is

14-43  required pursuant to NRS 179D.450, each sex offender who, after

14-44  July 1, 1956, is or has been convicted of a sexual offense shall

15-1  register with a local law enforcement agency pursuant to the

15-2  provisions of this section.

15-3      2.  Except as otherwise provided in subsection 3, if the sex

15-4  offender resides or is present for 48 hours or more within:

15-5      (a) A county; or

15-6      (b) An incorporated city that does not have a city police

15-7  department,

15-8  the sex offender shall be deemed a resident sex offender and shall

15-9  register with the sheriff’s office of the county or, if the county or the

15-10  city is within the jurisdiction of a metropolitan police department,

15-11  the metropolitan police department, not later than 48 hours after

15-12  arriving or establishing a residence within the county or the city.

15-13     3.  If the sex offender resides or is present for 48 hours or more

15-14  within an incorporated city that has a city police department, the sex

15-15  offender shall be deemed a resident sex offender and shall register

15-16  with the city police department not later than 48 hours after arriving

15-17  or establishing a residence within the city.

15-18     4.  If the sex offender is a nonresident sex offender who is a

15-19  student or worker within this state, the sex offender shall register

15-20  with the appropriate sheriff’s office, metropolitan police department

15-21  or city police department in whose jurisdiction he is a student or

15-22  worker not later than 48 hours after becoming a student or worker

15-23  within this state.

15-24     5.  A resident or nonresident sex offender shall immediately

15-25  notify the appropriate local law enforcement agency if:

15-26     (a) The sex offender is, expects to be or becomes enrolled as a

15-27  student at an institution of higher education or changes the date

15-28  of commencement or termination of his enrollment at an

15-29  institution of higher education; or

15-30     (b) The sex offender is, expects to be or becomes a worker at

15-31  an institution of higher education or changes the date of

15-32  commencement or termination of his work at an institution of

15-33  higher education.

15-34  The sex offender shall provide the name, address and type of each

15-35  such institution of higher education.

15-36     6.  To register with a local law enforcement agency pursuant to

15-37  this section, the sex offender shall:

15-38     (a) Appear personally at the office of the appropriate local law

15-39  enforcement agency;

15-40     (b) Provide all information that is requested by the local law

15-41  enforcement agency, including, but not limited to, fingerprints and a

15-42  photograph; and

15-43     (c) Sign and date the record of registration or some other proof

15-44  of registration of the local law enforcement agency in the presence

15-45  of an officer of the local law enforcement agency.

16-1      [6.] 7. When a sex offender registers, the local law enforcement

16-2  agency shall:

16-3      (a) Inform the sex offender of the duty to notify the local law

16-4  enforcement agency if the sex offender changes the address at which

16-5  he resides, including if he moves from this state to another

16-6  jurisdiction, or changes the primary address at which he is a student

16-7  or worker; and[;]

16-8      (b) Inform the sex offender of the duty to register with the local

16-9  law enforcement agency in whose jurisdiction the sex offender

16-10  relocates.

16-11     [7.] 8. After the sex offender registers with the local law

16-12  enforcement agency, the local law enforcement agency shall

16-13  forward to the Central Repository the information collected,

16-14  including the fingerprints and a photograph of the sex offender.

16-15     [8.] 9. If the Central Repository has not previously established

16-16  a record of registration for a sex offender described in subsection

16-17  [7,] 8, the Central Repository shall:

16-18     (a) Establish a record of registration for the sex offender;

16-19     (b) Provide notification concerning the sex offender to the

16-20  appropriate local law enforcement agencies; and

16-21     (c) If the sex offender is subject to community notification and

16-22  has not otherwise been assigned a level of notification, arrange for

16-23  the assessment of the risk of recidivism of the sex offender pursuant

16-24  to the guidelines and procedures for community notification

16-25  established by the Attorney General pursuant to NRS 179D.600 to

16-26  179D.800, inclusive.

16-27     10.  When a sex offender notifies a local law enforcement

16-28  agency that:

16-29     (a) The sex offender is, expects to be or becomes enrolled as a

16-30  student at an institution of higher education or changes the date

16-31  of commencement or termination of his enrollment at an

16-32  institution of higher education; or

16-33     (b) The sex offender is, expects to be or becomes a worker at

16-34  an institution of higher education or changes the date of

16-35  commencement or termination of his work at an institution of

16-36  higher education,

16-37  and provides the name, address and type of each such institution

16-38  of higher education, the local law enforcement agency shall

16-39  immediately provide that information to the Central Repository

16-40  and to the appropriate campus police department.

16-41     Sec. 16.  NRS 179D.620 is hereby amended to read as follows:

16-42     179D.620  “Sexual offense” means any of the following

16-43  offenses:

16-44     1.  Murder of the first degree committed in the perpetration or

16-45  attempted perpetration of sexual assault or of sexual abuse or sexual

17-1  molestation of a child less than 14 years of age pursuant to

17-2  paragraph (b) of subsection 1 of NRS 200.030.

17-3      2.  Sexual assault pursuant to NRS 200.366.

17-4      3.  Statutory sexual seduction pursuant to NRS 200.368, if

17-5  punished as a felony.

17-6      4.  Battery with intent to commit sexual assault pursuant to

17-7  NRS 200.400.

17-8      5.  An offense involving the administration of a drug to another

17-9  person with the intent to enable or assist the commission of a felony

17-10  pursuant to NRS 200.405, if the felony is an offense listed in this

17-11  section.

17-12     6.  An offense involving the administration of a controlled

17-13  substance to another person with the intent to enable or assist the

17-14  commission of a crime of violence pursuant to NRS 200.408, if the

17-15  crime of violence is an offense listed in this section.

17-16     7.  Abuse of a child pursuant to NRS 200.508, if the abuse

17-17  involved sexual abuse or sexual exploitation and is punished as a

17-18  felony.

17-19     8.  An offense involving pornography and a minor pursuant to

17-20  NRS 200.710 to 200.730, inclusive.

17-21     9.  Incest pursuant to NRS 201.180.

17-22     10.  Solicitation of a minor to engage in acts constituting the

17-23  infamous crime against nature pursuant to NRS 201.195, if punished

17-24  as a felony.

17-25     11.  Open or gross lewdness pursuant to NRS 201.210, if

17-26  punished as a felony.

17-27     12.  Indecent or obscene exposure pursuant to NRS 201.220, if

17-28  punished as a felony.

17-29     13.  Lewdness with a child pursuant to NRS 201.230.

17-30     14.  Sexual penetration of a dead human body pursuant to

17-31  NRS 201.450.

17-32     15.  Luring a child using a computer, system or network

17-33  pursuant to NRS 201.560, if punished as a felony.

17-34     16.  Annoyance or molestation of a minor pursuant to NRS

17-35  207.260, if punished as a felony.

17-36     17.  An attempt or conspiracy to commit an offense listed in

17-37  subsections 1 to 16, inclusive, if punished as a felony.

17-38     18.  An offense that is determined to be sexually motivated

17-39  pursuant to NRS 175.547 or 207.193.

17-40     19.  An offense committed in another jurisdiction that, if

17-41  committed in this state, would be an offense listed in this section.

17-42  This subsection includes, but is not limited to, an offense prosecuted

17-43  in:

17-44     (a) A tribal court.

18-1      (b) A court of the United States or the Armed Forces of the

18-2  United States.

18-3      20.  An offense of a sexual nature committed in another

18-4  jurisdiction and punished as a felony, whether or not the offense

18-5  would be an offense listed in this section, if the person who

18-6  committed the offense resides or has resided or is or has been a

18-7  student or worker in any jurisdiction in which the person is or has

18-8  been required by the laws of that jurisdiction to register as a sex

18-9  offender because of the offense. This subsection includes, but is not

18-10  limited to, an offense prosecuted in:

18-11     (a) A tribal court.

18-12     (b) A court of the United States or the Armed Forces of the

18-13  United States.

18-14     (c) A court having jurisdiction over juveniles.

18-15     Sec. 17.  NRS 179D.710 is hereby amended to read as follows:

18-16     179D.710  1.  The Attorney General shall consult with the

18-17  Advisory Council for Community Notification and shall establish

18-18  guidelines and procedures for community notification pursuant to

18-19  NRS 179D.600 to 179D.800, inclusive.

18-20     2.  The guidelines and procedures established by the Attorney

18-21  General must be designed to promote, to the extent practicable, the

18-22  uniform application of the provisions of NRS 179D.600 to

18-23  179D.800, inclusive.

18-24     3.  The provisions of NRS 179D.600 to 179D.800, inclusive,

18-25  must not be construed to prevent [law] :

18-26     (a) Law enforcement officers from providing the public with

18-27  notification concerning persons who pose a threat to the safety of

18-28  the public.

18-29     (b) A campus police department from providing the campus

18-30  community with notification concerning persons who pose a threat

18-31  to the safety of the campus community.

18-32     Sec. 18.  NRS 179D.850 is hereby amended to read as follows:

18-33     179D.850  1.  Information that is disclosed pursuant to the

18-34  provisions of this chapter must not reveal the name of an individual

18-35  victim of an offense.

18-36     2.  A law enforcement agency and its officers and employees ,

18-37  the Central Repository and its officers and employees, and a

18-38  campus police department and its officers and employees are

18-39  immune from criminal or civil liability for an act or omission

18-40  relating to information obtained, maintained or disclosed pursuant to

18-41  the provisions of this chapter, including, but not limited to, an act or

18-42  omission relating to:

18-43     (a) The accuracy of information in a record of registration; or

18-44     (b) The disclosure of or the failure to disclose information

18-45  pursuant to the provisions of this chapter.

19-1      Sec. 19.  NRS 213.1245 is hereby amended to read as follows:

19-2      213.1245  1.  Except as otherwise provided in subsection 3, if

19-3  the Board releases on parole a prisoner convicted of an offense

19-4  listed in NRS 179D.620, the Board shall, in addition to any other

19-5  condition of parole, require as a condition of parole that the parolee:

19-6      (a) Reside at a location only if it has been approved by the

19-7  parole and probation officer assigned to the parolee[;] and keep the

19-8  parole and probation officer informed of his current address;

19-9      (b) Accept a position of employment or a position as a

19-10  volunteer only if it has been approved by the parole and probation

19-11  officer assigned to the parolee[;] and keep the parole and

19-12  probation officer informed of the location of his position of

19-13  employment or position as a volunteer;

19-14     (c) Abide by any curfew imposed by the parole and probation

19-15  officer assigned to the parolee;

19-16     (d) Participate in and complete a program of professional

19-17  counseling approved by the Division;

19-18     (e) Submit to periodic tests, as requested by the parole and

19-19  probation officer assigned to the parolee, to determine whether the

19-20  parolee is using a controlled substance;

19-21     (f) Submit to periodic polygraph examinations, as requested by

19-22  the parole and probation officer assigned to the parolee;

19-23     (g) Abstain from consuming, possessing or having under his

19-24  control any alcohol;

19-25     (h) Not have contact or communicate with a victim of the

19-26  offense or a witness who testified against the parolee or solicit

19-27  another person to engage in such contact or communication on

19-28  behalf of the parolee, unless approved by the parole and probation

19-29  officer assigned to the parolee, and a written agreement is entered

19-30  into and signed in the manner set forth in subsection 2;

19-31     (i) Not use aliases or fictitious names;

19-32     (j) Not obtain a post office box unless the parolee receives

19-33  permission from the parole and probation officer assigned to the

19-34  parolee;

19-35     (k) Not have contact with a person less than 18 years of age in a

19-36  secluded environment unless another adult who has never been

19-37  convicted of an offense listed in NRS 179D.410 is present and

19-38  permission has been obtained from the parole and probation officer

19-39  assigned to the parolee in advance of each such contact;

19-40     (l) Unless approved by the parole and probation officer assigned

19-41  to the parolee and by a psychiatrist, psychologist or counselor

19-42  treating the parolee, if any, not be in or near:

19-43         (1) A playground, park, school or school grounds;

19-44         (2) A motion picture theater; or

20-1          (3) A business that primarily has children as customers or

20-2  conducts events that primarily children attend;

20-3      (m) Comply with any protocol concerning the use of

20-4  prescription medication prescribed by a treating physician,

20-5  including, without limitation, any protocol concerning the use of

20-6  psychotropic medication;

20-7      (n) Not possess any sexually explicit material that is deemed

20-8  inappropriate by the parole and probation officer assigned to the

20-9  parolee;

20-10     (o) Not patronize a business which offers a sexually related form

20-11  of entertainment and which is deemed inappropriate by the parole

20-12  and probation officer assigned to the parolee; [and]

20-13     (p) Not possess any electronic device capable of accessing the

20-14  Internet and not access the Internet through any such device or any

20-15  other means, unless possession of such a device or such access is

20-16  approved by the parole and probation officer assigned to the parolee

20-17  [.] ; and

20-18     (q) Inform the parole and probation officer assigned to the

20-19  parolee if the parolee expects to be or becomes enrolled as a

20-20  student at an institution of higher education or changes the date

20-21  of commencement or termination of his enrollment at an

20-22  institution of higher education. As used in this paragraph,

20-23  “institution of higher education” has the meaning ascribed to it in

20-24  section 6 of this act.

20-25     2.  A written agreement entered into pursuant to paragraph (h)

20-26  of subsection 1 must state that the contact or communication is in

20-27  the best interest of the victim or witness, and specify the type of

20-28  contact or communication authorized. The written agreement must

20-29  be signed and agreed to by:

20-30     (a) The victim or the witness;

20-31     (b) The parolee;

20-32     (c) The parole and probation officer assigned to the parolee;

20-33     (d) The psychiatrist, psychologist or counselor treating the

20-34  parolee, victim or witness, if any; and

20-35     (e) If the victim or witness is a child under 18 years of age, each

20-36  parent, guardian or custodian of the child.

20-37     3.  The Board is not required to impose a condition of parole

20-38  listed in subsection 1 if the Board finds that extraordinary

20-39  circumstances are present and the Board states those extraordinary

20-40  circumstances in writing.

20-41     Sec. 20.  This act becomes effective upon passage and

20-42  approval.

 

20-43  H