AB 243 — Revises provisions relating to criminal convictions of victims of sex trafficking and involuntary servitude. (BDR 14-444)

(ReprintedAssembly withBill amendmentsNo. adopted on May 22, 2017) SECOND REPRINT A.B.

243243–Committee Aon SSEMBLYJudiciary BCHAPTER.......... ILLN O.

243–COMMITTEE ON JUDICIARY FEBRUARY 27, 2017 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to criminal convictions of victims of sex trafficking and involuntary servitude.

(BDR 14-444) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Section 1.2 generally sets forth the procedure established in existing law for the vacating of a notifyjudgment theof Centralconviction Repositoryof forsuch Nevadaa Recordsperson, ofbut Criminaladditionally History,requires theurtthe court to Officenotify of the AttorneyCentral GeneralRepository andfor eachNevada officeRecords of theCriminal districtHistory, attorneythe and law enforcement agency in this State and to allow any person to testify and present evidence on behalf of such an entity before the court decides whether to grant a petition.

Section 1.2 provides that if the court enters such an order, the court is also required to order sealed the records of the petitioner which relate to - *AB243_R2* – 2 – the judgment being vacated.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

- 79th Session (2017) – 2 – 3.

A motion for a new trial based on any other grounds must be made within 7 days after the verdict or finding of guilt or within such further time as the court may fix during the 7-day period.period.hin [5.

[5.

In deciding whether to grant a motion made pursuant to subsection 5, the court shall take into consideration any reasonable concerns for the safety of the defendant, family members of the defendant or other victims that may be jeopardized by the bringing of such a motion.

- *AB243_R2* – 3 – 7.

If a person has been convicted of any offense listed in subsection 2, the person may petition the court in which he or she was convicted or, if the person wishes to file more than one - 79th Session (2017) – 3 – petition and would otherwise need to file a petition in more than one court, the district court, for an order:

and (b) Sealing all documents, papers and exhibits in the person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such otherotherer agencies and officers as are named in the court’s order.

The court may grant a petition filed pursuant to subsection 1 if:

or (2) Involuntary servitude as described in NRS 200.463 or 200.4631;200(c) The petitioner files a petition pursuant to subsection 1 with due diligence after the petitioner has ceased being a victim of trafficking or involuntary servitude or has sought services for victims of such trafficking or involuntary servitude.

and5. (c) The petitioner files a petition pursuant to subsection 1 with due diligence after the petitioner has ceased being a victim of trafficking or involuntary servitude or has sought services for victims of such trafficking or involuntary servitude.

- *AB243_R2* – 4 – 5.

- 79th Session (2017) – 4 – 6.

and (b) Order sealed all documents, papers and exhibits in the petitioner’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order.

Except as otherwise provided in subsection 5 and NRS 176A.265, 176A.295, 179.259, 453.3365 and 458.330, and section 1.2 of this act, a person may petition the court in which the person was convicted for the sealing of all records relating to a the conviction of:

- *AB243_R2* – 5 – (b) A category C or D felony after 12 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

- 79th Session (2017) – 5 – (e) A violation of NRS 422.540 to 422.570, inclusive, other than a felony, a violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later;

ororis no (f) Any other misdemeanor after 2 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later.

(1) Date of birth of the petitioner;

Upon receiving a petition pursuant to this section, the court shall notify the law enforcement agency that arrested the petitioner for the crime and the prosecuting attorney, including, without - *AB243_R2* – 6 – limitation, the Attorney General, who prosecuted the petitioner for the crime.

If, after the hearing, the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any - 79th Session (2017) – 6 – offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of any agency of criminal justice or any public or private agency, company, official or other custodian of records in the State of Nevada, and may also order all such records of the petitioner returned to the file of the court where the proceeding waswastioner commenced from, including, without limitation, the Federal Bureau of Investigation, the California Bureau of Criminal Identification and Information and all other agencies of criminal justice which maintain such records and which are reasonably known by either the petitioner or the court to have possession of such records.

If the court grants a petition for the sealing of records pursuant to this section, upon the request of the person whose recordsproceeding arein sealed,which the courtrecords maywere ordersealed.ed sealed all records of the civil proceeding7. in which the records were sealed.

7.

- *AB243_R2* – 7 – (2) Sexual assault pursuant to NRS 200.366.

- 79th Session (2017) – 7 – (5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.

(6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.

Sec.179.2755.