Nevada 2017 Regular Session Status: Enacted

AB 76 — Revises provisions relating to the Central Repository for Nevada Records of Criminal History. (BDR 14-260)

Last action — Approved by the Governor. Chapter 401.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 17, 2016. Enacted.

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Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

1033 added · 1116 removed

1033 line(s) added, 1116 removed.

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REQUIRES TWO-THIRDS MAJORITY VOTE (§ 10) (Reprinted with amendments adopted on May 22, 2017) SECOND REPRINT A.B.
Assembly Bill No.
76 A SSEMBLY BILL NO.
76–Committee on Corrections, Parole, and Probation CHAPTER..........
76–COMMITTEE ON CORRECTIONS , AROLE ,AND PROBATION (ON BEHALF OF THE GENERAL SERVICES D IVISION OF THE DEPARTMENT OF P UBLIC SAFETY ) PREFILED N OVEMBER 17, 2016 ____________ Referred to Committee on Corrections, Parole, and Probation SUMMARY—Revises provisions relating to the Central Repository for Nevada Records of Criminal History.
(BDR 14-260) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
CONTAINS UNFUNDED MANDATE (§ 5) (OTREQUESTED BAFFECTELOCALGOVERNMEN) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- *AB76_R2* – 2 – Legislative Counsel’s Digest:
Legislative Counsel’s Digest:
Existing law establishes the Central Repository for Nevada Records of Criminal History for the collection and maintenance of certain information relating to records of criminal history.
Criminal History for the collection and maintenance of certain information relating to records of criminal history.
(NRS 179A.075) Section 4 of this bill revises the definition of the term “record of criminal history” to fingerprint, palm print, scar, bodily mark, tattoo, voiceprint, facial image, retina image or iris image of a person.
(NRS 179A.075) Section of this bill revises the definition of the term “record of criminal history” to fingerprint, palm print, scar, bodily mark, tattoo, voiceprint, facial image, retina image or iris image of a person.
(NRS 179A.075) Section 5 of this bill eliminates those duties as they pertain to agencies dealing with delinquency of children and establishes certain reporting requirements for compliance with the policies, procedures and definitions prescribed by the Federal Bureau of Investigation for the submission of information to the Uniform Crime Reporting ProExisting law sets forth a list of persons and governmental entities to whom records of criminal history must be disseminated by an agency of criminal justice upon request.
(NRS 179A.075) Section 5 of this bill eliminates those duties as they pertain to agencies dealing with delinquency of children and establishes certain reporting requirements for compliance with the Investigation for the submission of information to the Uniform Crime Reporting Program.
Existing law sets forth a list of persons and governmental entities to whom records of criminal history must be disseminated by an agency of criminal justice upon request.
(1) a reporter or editorial employee who is employed or affiliated with a newspaper, press association or commercially operated, federally licensed radio or television station, under certain circumstances;
(1) a reporter or editorial employee who is employed or affiliated with a newspaper, press association or commercially operated, federally licensed radio or television station, needed to conduct an investigation of the death of a person.ical examiner, as Existing law prohibits the Central Repository from charging a fee for information relating to records of criminal history relating to a person regarding whom the Central Repository provided a similar report within the immediately preceding 6 months in conjunction with an application by the person for - 79th Session (2017) – 2 – professional licensure.
and (2) a county coroner or medical examiner, as needed to conduct an investigation of the death of a person.
Existing law prohibits the Central Repository from charging a fee for information relating to records of criminal history relating to a person regarding preceding 6 months in conjunction with an application by the person forately professional licensure.
Money in the Account is to be used to pay the costs to process requests from nonprofit agencies to determine whether a volunteer or prospective volunteer of such an agency who works, or will work, directly with children has committed certain offenses.
Money in the Account is to be used to pay volunteer or prospective volunteer of such an agency who works, or will work, directly with children has committed certain offenses.
(1) clarifies that the Central Repository processes requests from the name of the Account to the Revolving Account to Process Requests for Informationhe on the Background of Volunteers Who Work With Children.
(1) clarifies that the Central Repository processes requests from the agencies for information on the background of such volunteers;
Existing law establishes the Repository for Information Concerning Crimes Against Older Persons within the Central Repository.
and (2) changes the name of the Account to the Revolving Account to Process Requests for Information on tExisting law establishes the Repository for Information Concerning Crimes Against Older Persons within the Central Repository.
- *AB76_R2* – 3 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
The Division of Insurance of the Department of Business and Industry and its employees may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255, if the event or conviction was related to insurance, to determine the suitability or qualifications of any person to hold a license, certification or authorization issued in accordance with title 57 of NRS.
The Division of Insurance of the Department of Business and Industry and its employees may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255, if the event or conviction was related to insurance, to determine the suitability or qualifications of any person to hold a license, certification or - 79th Session (2017) – 3 – authorization issued in accordance with title 57 of NRS.
3.
records sealed pursuant to NRS 179.245 or 179.255 if:nspect any (a) The records relate to a violation or alleged violation of NRS 202.575;
A prosecuting attorney may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 if:
(a) The records relate to a violation or alleged violation of NRS 202.575;
- *AB76_R2* – 4 – 6.
6.
(a) “Information relating to sexual offenses” means information contained in or concerning a record relating in any way to a sexual offense.
(a) “Information relating to sexual offenses” means information offense.d in or concerning a record relating in any way to a sexual (b) “Sexual offense” has the meaning ascribed to it in NRS 179A.073.
(b) “Sexual offense” has the meaning ascribed to it in NRS 179A.073.
Sec.
- 79th Session (2017) – 4 – Sec.
“Record of criminal history” means information contained in records collected and maintained by agencies of criminal justice, the subject of which is a natural person, consisting of descriptions which identify the subject and notations of summons in a criminal action, warrants, arrests, citations for misdemeanors issued pursuant to NRS 171.1773, citations issued for violations of NRS 484C.110, 484C.120, 484C.130 and 484C.430, detentions, decisions of a district attorney or the Attorney General not to prosecute the subject, indictments, informations or other formal criminal charges and dispositions of charges, including, without limitation, dismissals, acquittals, convictions, sentences, information set forth in NRS 209.353 concerning an offender in prison, any postconviction relief, correctional supervision occurring in Nevada, information concerning the status of an offender on parole or probation, and information concerning a convicted person who has registered as such pursuant to chapter 179C of NRS.
“Record of criminal history” means information contained in records collected and maintained by agencies of criminal justice, the subject of which is a natural person, consisting in a criminal action, warrants, arrests, citations for misdemeanors issued pursuant to NRS 171.1773, citations issued for violations of NRS 484C.110, 484C.120, 484C.130 and 484C.430, detentions, decisions of a district attorney or the Attorney General not to prosecute the subject, indictments, informations or other formal criminal charges and dispositions of charges, including, without limitation, dismissals, acquittals, convictions, sentences, information set forth in NRS 209.353 concerning an offender in prison, any postconviction relief, correctional supervision occurring in Nevada, information concerning the status of an offender on parole or probation, and information concerning a convicted person who has registered as such pursuant to chapter 179C of NRS.
- *AB76_R2* – 5 – (a) Investigative or intelligence information, reports of crime or other information concerning specific persons collected in the course of the enforcement of criminal laws;
(a) Investigative or intelligence information, reports of crime or other information concerning specific persons collected in the course of the enforcement of criminal laws;
(b) Information concerning juveniles;
(h) Records of traffic offenses maintained by the Department to regulate the issuance, suspension, revocation or renewal of drivers’ or other operators’ licenses;
- 79th Session (2017) – 5 – (h) Records of traffic offenses maintained by the Department to regulate the issuance, suspension, revocation or renewal of drivers’ or other operators’ licenses;
(i) Announcements of actions by the State Board of Pardons Commissioners and the State Board of Parole Commissioners, except information concerning the status of an offender on parole or probation;
(i) Announcements of actions by the State Board of Pardons except information concerning the status of an offender on parole or probation;
Each agency of criminal justice shall submit the information relating to records of criminal history that it creates, issues or collects, and any information in its possession relating to the DNA profile of a person from whom a biological specimen is obtained - *AB76_R2* – 6 – pursuant to NRS 176.09123 or 176.0913, to the Division.
Each agency of criminal justice shall submit the information relating to records of criminal history that it creates, issues or collects, and any information in its possession relating to the DNA profile of a person from whom a biological specimen is obtained information must be submitted to the Division:Division.
The information must be submitted to the Division:
The (a) Through an electronic network;
(a) Through an electronic network;
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(a) In the manner prescribed by the Director of the Department;
- 79th Session (2017) – 6 – (a) In the manner prescribed by the Director of the Department;
(b) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of Investigation;
(b) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of (c) Within the time prescribed by the Director of the Department.
and (c) Within the time prescribed by the Director of the Department.
(b) Enter into cooperative agreements with repositories of the United States and other states to facilitate exchanges of information that may be disseminated pursuant to paragraph (a);
United States and other states to facilitate exchanges of information that may be disseminated pursuant to paragraph (a);
and - *AB76_R2* – 7 – (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints or other biometric identifier the Central Repository submits to the Federal Bureau of Investigation and:
and (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints or other biometric identifier the Central Repository submits to the Federal Bureau of Investigation and:
(3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers’ Standards and Training Commission;
- 79th Session (2017) – 7 – (3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers’ Standards and Training Commission;
(4) For whom such information is required or authorized to be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.123 and 449.4329;
be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031,to 432A.170, 432B.198, 433B.183, 449.123 and 449.4329;
or (2) Criminal investigation, ¬ from the agency of criminal justice or agency of the State of Nevada or any political subdivision thereof and submit the received data to the Federal Bureau of Investigation for its report.
or (2) Criminal investigation, ¬ from the agency of criminal justice or agency of the State of Nevada or any political subdivision thereof and submit the received dat[7.] 8.e FThe Central Repository shall:n for its report.
[7.] 8.
The Central Repository shall:
- *AB76_R2* – 8 – (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.
(c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.
or (3) Is employed by a county school district, charter school or private school, ¬ and notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.
or - 79th Session (2017) – 8 – (3) Is employed by a county school district, charter school or ¬ and notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.
or (2) Employed by a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation, ¬ who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation.
or (2) Employed by a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation, ¬ who the Central Repository’s records indicate have been 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation.
Additional reports may be posted to the Central Repository’s Internet website throughout the year regarding specific - *AB76_R2* – 9 – areas of crime if they are approved by the Director of the Department.
Additional reports may be posted to the Central Repository’s Internet website throughout the year regarding specific Department.ime if they are approved by the Director of the (h) On or before July 1 of each year, prepare and post on the Central Repository’s Internet website a report containing statistical data about domestic violence in this State.
(h) On or before July 1 of each year, prepare and post on the Central Repository’s Internet website a report containing statistical data about domestic violence in this State.
- 79th Session (2017) – 9 – (i) Identify and review the collection and processing of statistical data relating to criminal justice [and the delinquency of children] by any agency identified in subsection 2 and make recommendations for any necessary changes in the manner of col(j) Adopt regulations governing biometric identifiers and the information and data derived from biometric identifiers, including, without limitation:
(i) Identify and review the collection and processing of statistical data relating to criminal justice [and the delinquency of children] by any agency identified in subsection 2 and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.
(j) Adopt regulations governing biometric identifiers and the information and data derived from biometric identifiers, including, without limitation:
(c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.
(c) In the manner prescribed by the Director of the Department, contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.
[(c)] (b) “Personal identifying information” means any information designed, commonly used or capable of being used, - *AB76_R2* – 10 – alone or in conjunction with any other information, to identify a person, including, without limitation:
[(c)] (b) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:
(1) The name, driver’s license number, social security number, date of birth and photograph or computer-generated image of a person;
- 79th Session (2017) – 10 – (1) The name, driver’s license number, social security number, date of birth and photograph or computer-generated image of a person;
[(d)] (c) “Private school” has the meaning ascribed to it in NRS 394.103.
NRS 394.103.
Sec.
“Private school” has the meaning ascribed to it in Sec.
The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:
The following records of criminal history may restriction pursuant to this chapter:nal justice without any (a) Any which reflect records of conviction only;
(a) Any which reflect records of conviction only;
- *AB76_R2* – 11 – 3.
- 79th Session (2017) – 11 – 3.
(a) Reflect convictions only;
(b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.
or (b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.
(b) The name and address of the employer’s facility in which the employee, prospective employee, volunteer or prospective volunteer is employed or volunteers or is seeking to become employed or volunteer;
(b) The name and address of the employer’s facility in which the is employed or volunteers or is seeking to become employed ornteer volunteer;
The Central Repository shall search for and disseminate such information in the manner set forth in NRS 179A.210 for the dissemination of a notice of information.
The Central Repository shall search for and disseminate such - 79th Session (2017) – 12 – information in the manner set forth in NRS 179A.210 for the dissemination of a notice of information.
- *AB76_R2* – 12 – 6.
6.
Except as otherwise provided in subsection 5, the provisions of NRS 179A.180 to 179A.240, inclusive, do not apply to an employer who requests information and to whom such information is disseminated pursuant to subsections 4 and 5.
Except as otherwise provided in subsection 5, the provisions of NRS 179A.180 to 179A.240, inclusive, do not apply to an is disseminated pursuant to subsections 4 and 5.ch information 7.] Records of criminal history must be disseminated by an agency of criminal justice, upon request, to the following persons or governmental entities:
7.] Records of criminal history must be disseminated by an agency of criminal justice, upon request, to the following persons or governmental entities:
(i) Any public utility subject to the jurisdiction of the Public Utilities Commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee or to protect the public health, safety or welfare.
(i) Any public utility subject to the jurisdiction of the Public Utilities Commission of Nevada when the information is necessary employee or to protect the public health, safety or welfare.ctive (j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.
(j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.
(l) Any reporter [for the electronic or printed media] or editorial employee who is employed or affiliated with a newspaper, press association or commercially operated, federally licensed radio or television station who requests a record of a named person or aggregate information for statistical purposes, excluding any personal identifying information, in a professional capacity for communication to the public.
(l) Any reporter [for the electronic or printed media] or editorial employee who is employed or affiliated with a newspaper, press association or commercially operated, federally licensed radio or television station who requests a record of a named person or - 79th Session (2017) – 13 – aggregate information for statistical purposes, excluding any communication to the public.tion, in a professional capacity for (m) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.
- *AB76_R2* – 13 – (m) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.
(r) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Subchapter IV of Chapter 7 of Title 42 of the Social Security Act, 42 U.S.C.
Government that is conducting activities pursuant to Part D of Subchapter IV of Chapter 7 of Title 42 of the Social Security Act, U.S.C.
Agencies of criminal justice in this State which receive information from sources outside this State concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.
Agencies of criminal justice in this State which receive involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.
Sec.
- 79th Session (2017) – 14 – Sec.
179A.110 A record of criminal history or any records of criminal history of the United States or another state obtained pursuant to this chapter must be used solely for the purpose for which the record was requested.
179A.110 A record of criminal history or any records of criminal history of the United States or another state obtained pursuant to this chapter must be used solely for the purpose for information relating to records of criminal history pursuant to this chapter or who receives information pursuant to [NRS 179A.180 to 179A.240, inclusive,] federal laws or regulations may disseminate the information further without express authority of law or in accordance with a court order.
No person who receives information relating to records of criminal history pursuant to this chapter or who receives information pursuant to [NRS 179A.180 to - *AB76_R2* – 14 – 179A.240, inclusive,] federal laws or regulations may disseminate the information further without express authority of law or in accordance with a court order.
(a) For information relating to a person regarding whom the Central Repository provided a similar report within the immediately preceding [6 months] 90 days in conjunction with the application by that person for professional licensure;
(a) For information relating to a person regarding whom the Central Repository provided a similar report within the immediately preceding [6 months] 90 days in conjunction with the application by tha(b) For information provided to any organization that meets the criteria established by regulation pursuant to paragraph (b) of subsection 5 of NRS 179A.310.
or (b) For information provided to any organization that meets the criteria established by regulation pursuant to paragraph (b) of subsection 5 of NRS 179A.310.
The Central Repository and each state, municipal, county or metropolitan police agency shall permit a person, who is or believes he or she may be the subject of information relating to records of criminal history maintained by that agency, to appear in person during normal business hours of the agency and inspect any recorded information held by that agency pertaining to that person.
The Central Repository and each state, municipal, county or metropolitan police agency shall permit a person, who is or believes he or she may be the subject of - 79th Session (2017) – 15 – information relating to records of criminal history maintained by that agency, to appear in person during normal business hours of the agency and inspect any recorded information held by that agency pertaining to that person.
This right of access does not extend to data contained in intelligence, investigative or other related files, and does not include any information other than information contained in a record of criminal history.
This right of access does not extend to data does not include any information other than information containedand in a record of criminal history.
Each such agency shall adopt regulations and make available necessary forms to permit inspection and review of information - *AB76_R2* – 15 – relating to other records of criminal history by those persons who are the subjects thereof.
Each such agency shall adopt regulations and make available necessary forms to permit inspection and review of information relating to other records of criminal history by those persons who are the subjects thereof.
(c) The dissemination of corrected information to those persons or agencies which have previously received inaccurate or incomplete information;
or agencies which have previously received inaccurate orse persons incomplete information;
Sec.
- 79th Session (2017) – 16 – Sec.
2.
[to Investigate the Background of Volunteers Who Work Withccount Children.] The money in the Account must be expended only to pay the costs of the Central Repository to process requests from nonprofit agencies [to determine whether] for information on the background of a volunteer of a nonprofit agency who works directly with children or a prospective volunteer of the nonprofit agency who will work directly with children .
The Director of the Department shall administer the Account .
[has committed an offense listed in subsection 4 of NRS 179A.190.] The existence of the Account [to Investigate the Background of Volunteers Who Work With Children] does not create a right in any person to receive money from the Account.
[to Investigate the Background of Volunteers Who Work With Children.] The money in the Account must be expended only to pay the costs of the Central Repository to process requests from nonprofit agencies [to determine whether] for information on the background of a volunteer of a nonprofit agency who works directly with children or a prospective volunteer of the nonprofit agency who will work directly with children .
[has committed an offense listed in subsection 4 of NRS 179A.190.] The existence of the Account [to Investigate the Background of Volunteers Who - *AB76_R2* – 16 – Work With Children] does not create a right in any person to receive money from the Account.
The Director of the Department shall adopt regulations to carry out the provisions of this section.
The Director of the Department shall adopt regulations to include, without limitation:this section.
The regulations must include, without limitation:
The regulations must (a) The procedure by which a person may apply for a grant of money from the Account ;
(a) The procedure by which a person may apply for a grant of money from the Account ;
(b) The fact that the nonprofit agency did not request that the Central Repository, through the use of the Account, [determine whether] provide information on the background of a volunteer or prospective volunteer of the nonprofit agency .
- 79th Session (2017) – 17 – (b) The fact that the nonprofit agency did not request that the Central Repository, through the use of the Account, [determine whether] provide information on the background of a volunteer or prospective volunteer of the nonprofit agency .
[has committed an offense listed in subsection 4 of NRS 179A.190.] Sec.
[has committed an offSec.
13.
13.tedNRS 179A.315 is hereby amended to read as follows:
NRS 179A.315 is hereby amended to read as follows:
- *AB76_R2* – 17 – Sec.
Sec.
(b) All cases that [are currently under investigation] were investigated and the type of such cases.
investigated and the type of such cases.er investigation] were [(c) All cases that are referred for prosecution and the type of such cases.
[(c) All cases that are referred for prosecution and the type of such cases.
4.] On or before July 1 of each year, the Director of the Department shall prepare and submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature that sets forth statistical data on the abuse, neglect, exploitation, isolation or abandonment of older persons.
- 79th Session (2017) – 18 – 4.] On or before July 1 of each year, the Director of the Department shall prepare and submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature that sets forth statistical data on the abuse, neglect, exploitation, isolation or [5.ndoThe data acquired pursuant to this section is confidential and must be used only for the purpose of research.] 4.
[5.
The data acquired pursuant to this section is confidential and must be used only for the purpose of research.] 4.
- *AB76_R2* – 18 – (e) “Neglect” has the meaning ascribed to it in NRS 200.5092.
(e) “Neglect” has the meaning ascribed to it in NRS 200.5092.
The community notification website is the source of record for information available to the public concerning offenders listed in the statewide registry, and must:
The community notification website is the source of record the statewide registry, and must:public concerning offenders listed in (a) Be maintained in a manner that will allow the public to obtain relevant information for each offender by a single query for any given zip code or geographical radius set by the user;
(a) Be maintained in a manner that will allow the public to obtain relevant information for each offender by a single query for any given zip code or geographical radius set by the user;
and (e) Include a warning that the information on the website should not be used to unlawfully injure, harass or commit a crime against any person named in the registry or residing or working at any reported address and a notice that any such action could result in civil or criminal penalties.
and (e) Include a warning that the information on the website should not be used to unlawfully injure, harass or commit a crime against - 79th Session (2017) – 19 – any person named in the registry or residing or working at any reported address and a notice that any such action could result in civil or criminal penalties.
For each inquiry to the community notification website, the requester may provide:
For each inquiry to the community notification website, the req(a) The name of the subject of the search;
(a) The name of the subject of the search;
- *AB76_R2* – 19 – 5.
5.
(a) No offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search;
information provided by the requester concerning the identity or location of the subject of the search;
(3) A current photograph of the offender.
- 79th Session (2017) – 20 – (3) A current photograph of the offender.
(4) The year of birth of the offender.
(V) The city, township or county where the offense was committed.
committed.(V) The city, township or county where the offense was (9) The tier level of registration and community notification assigned to the offender pursuant to NRS 179D.010 to 179D.550, inclusive.
- *AB76_R2* – 20 – (9) The tier level of registration and community notification assigned to the offender pursuant to NRS 179D.010 to 179D.550, inclusive.
(e) Any reference to arrests of the offender that did not result in conviction;
conviction;reference to arrests of the offender that did not result in (f) Any other information that is included in the record of registration for the offender other than the information required pursuant to paragraph (c) of subsection 6;
(f) Any other information that is included in the record of registration for the offender other than the information required pursuant to paragraph (c) of subsection 6;
or - 79th Session (2017) – 21 – (g) Any other information exempted from disclosure by the Attorney General of the United States pursuant to federal law.
or (g) Any other information exempted from disclosure by the Attorney General of the United States pursuant to federal law.
[A person may not use information obtained through the community notification website as a substitute for information relating to the offenses listed in subsection 4 of NRS 179A.190 that must be provided by the Central Repository pursuant to NRS 179A.180 to 179A.240, inclusive, or another provision of law.
[A person may not use information obtained through the community notification website as a substitute for information must be provided by the Central Repository pursuant to NRSA.190 that 179A.180 to 179A.240, inclusive, or another provision of law.
In an action against an executor or administrator, any damages may be awarded which would have been recovered against the decedent if the decedent had lived, except damages awardable - *AB76_R2* – 21 – under NRS 42.005 or 42.010 or other damages imposed primarily for the sake of example or to punish the defendant.
In an action against an executor or administrator, any damages may be awarded which would have been recovered against the decedent if the decedent had lived, except damages awardable under NRS 42.005 or 42.010 or other damages imposed primarily for the sake of example or to punish the defendant.
Except as otherwise provided in this subsection, when a person who has a cause of action dies before judgment, the damages recoverable by the decedent’s executor or administrator include all losses or damages which the decedent incurred or sustained before the decedent’s death, including any penalties or punitive and exemplary damages which the decedent would have recovered if the decedent had lived, and damages for pain, suffering or disfigurement and loss of probable support, companionship, society, comfort and consortium.
Except as otherwise provided in this subsection, when a person who has a cause of action dies before judgment, the damages losses or damages which the decedent incurred or sustained beforell the decedent’s death, including any penalties or punitive and exemplary damages which the decedent would have recovered if the decedent had lived, and damages for pain, suffering or disfigurement and loss of probable support, companionship, society, comfort and consortium.
5.
- 79th Session (2017) – 22 – 5.
239.010 1.
NRS 1.4683, 1.4687, 1A.110, 41.071, 49.095, 62D.420, 62D.440,and 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, [179A.450,] 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420,3.335, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, - 79th Session (2017) – 23 – 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 41.071, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, [179A.450,] 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, - *AB76_R2* – 22 – 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of - *AB76_R2* – 23 – Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
3.
- 79th Session (2017) – 24 – 3.
A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.
A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.
Every applicant for a license must submit with his or her application a complete set of his or her fingerprints and written permission authorizing the Superintendent to forward the - *AB76_R2* – 24 – fingerprints to the Central Repository for Nevada Records of Criminal History for its initial report on the criminal history of the applicant and for reports thereafter upon renewal of the license pursuant to subsection [7] 8 of NRS 179A.075, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.
Every applicant for a license must submit with his or her permissionn a authorizingt otheis Superintendentrinttoanforwarden the fingerprints to the Central Repository for Nevada Records of Criminal History for its initial report on the criminal history of the applicant and for reports thereafter upon renewal of the license pursuant to subsection [7] 8 of NRS 179A.075, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.
(a) The Superintendent determines that the applicant is qualified;
- 79th Session (2017) – 25 – (a) The Superintendent determines that the applicant is qualified;
(b) The reports on the criminal history of the applicant from the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History:
(b) The reports on the criminal history of the applicant from the Federal Bureau of Investigation and the Central Repository for Nevada (1) Do not indicate that the applicant has been convicted of a felony or any offense involving moral turpitude;
(1) Do not indicate that the applicant has been convicted of a felony or any offense involving moral turpitude;
(d) The applicant’s scores on the examinations administered pursuant to the regulations adopted by the Commission;
(d) The applicant’s scores on the examinations administered pur(e) Any correspondence concerning the application;
(e) Any correspondence concerning the application;
- *AB76_R2* – 25 – 2.
2.
179A.210, 179A.220, 179A.230 and 179A.240 are hereby repealed.
- 79th Session (2017) – 26 – Sec.
21.
NRS 179A.105, 179A.180, 179A.190, 179A.200, 179A.210, 179A.220, 179A.230 and 179A.240 are hereby repealed.
LEADLINES OF REPEALED SECTIONS 179A.105 Immunity of employer who fails to request certain information concerning volunteer.
~~~~~ 17 - 79th Session (2017)
179A.180 Definitions.
179A.190 Notice of information may be disseminated to employers;
use by employer;
employer not liable for discrimination;
other dissemination or release;
offenses for which notice may be disseminated.
179A.200 Employer may request notice of information;
requirements for making request.
search by Central Repository;
dissemination of notice;
written report required;
correction of information;
receipt of new information.
179A.220 Hearings.
179A.230 When person who is subject of notice of information may bring action for damages;
when child who is victim of offense committed by employee may bring action for damages against employer;
statute of limitations.
179A.240 Unlawful acts.
H - *AB76_R2*
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Action History

  1. Approved by the Governor. Chapter 401.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment No. 785 concurred in. To enrollment.

  4. In Assembly.

  5. Read third time. Passed, as amended. Title approved. (Yeas: 20, Nays: 1.) To Assembly.

  6. From printer. To re-engrossment. Re-engrossed. Second reprint .

  7. Read second time. Amended. (Amend. No. 785.) To printer.

  8. Placed on Second Reading File.

  9. From committee: Amend, and do pass as amended.

  10. Read first time. Referred to Committee on Judiciary. To committee.

  11. In Senate.

  12. Read third time. Passed, as amended. Title approved. (Yeas: 36, Nays: 2, Excused: 4.) To Senate.

  13. Taken from General File. Placed on General File for next legislative day.

  14. Taken from General File. Placed on General File for next legislative day.

  15. Taken from General File. Placed on General File for next legislative day.

  16. Taken from General File. Placed on General File for next legislative day.

  17. From printer. To engrossment. Engrossed. First reprint .

  18. Read second time. Amended. (Amend. No. 34.) To printer.

  19. From committee: Amend, and do pass as amended.

  20. Read first time. To committee.

  21. From printer.

  22. Prefiled. Referred to Committee on Corrections, Parole, and Probation. To printer.

Sponsors

  • Corrections, Parole, and Probation · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Corrections, Parole, and Probation

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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AB 76 is sponsored by Corrections, Parole, and Probation.
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This bill has been enacted into law. Introduced November 17, 2016. Enacted.
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