AB 259 — Revises provisions relating to certain criminal convictions and sentences. (BDR 14-657)

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

259259–Assemblymen AMcCurdy SSEMBLYII, BMonroe- ILLMoreno, NOThompson, .Ohrenschall;

259–ASSEMBLYMENBilbray-Axelrod, MBrooks, CCFumo URDYand II,Miller ONROEJoint -Sponsors: M ORENO , THOMPSON , OHRENSCHALL ;

BILBRAYSenators -AXELRODParks, ,Cancela, BROOKSSegerblom ,and UMORatti ANDCHAPTER.......... M ILLER M ARCH 7, 2017 ____________ JOINT SPONSORS :

ENATORS PARKS , CANCELA , SEGERBLOM AND R ATTI ____________ Referred to Committee on Corrections, Parole, and Probation SUMMARY—Revises provisions relating to certain criminal convictions and sentences.

(BDR 14-657) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

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

or (2) a violation of any constitutingprovision theof offenselaw isconcerning acertain lawfuloffenses actinvolving inmarijuana thisand State on or after January 1, 2017, the act person may petition the court to vacate the judgment and seal all documentsdocuments1, 2017, the relating to the case.

If granting such a petition is within - *AB259_R2* – 2 – the discretion of the court, the petitioner is required to notify the office of the prosecuting attorney who prosecuted the petitioner for the crime and the prosecuting attorney must be allowed to testify and present evidence before the court decides whether to grant the petition.

Section 1.2 also authorizes a court to requirementsenter necessaryan fororder theto judgmentvacate toa bejudgment vacatedof butconviction if the petitionpetitioner issatisfies deficientall with respect to the sealing of the petitioner’s record.

Existing law generally prohibits a person from knowingly or intentionally possessing a controlled substance and sets forth the penalties for violating such a provision.

The severity of the penalty generally depends on the type of controlled substance the person possessed and the number of times the person has committed convicted of knowingly or intentionally possessing a controlled substance and the offense.penalty for such possession requires that the person serve a minimum term of imprisonment, the court is authorized to depart from the prescribed minimum term of imprisonment in certain specified circumstances.

(NRS- 453.336)79th SectionSession 2(2017) of– this2 bill– providesEXPLANATION that– ifMatter a person is convicted of knowingly or intentionally possessing a controlled substance and the penalty for such possession requires that the person serve a minimum term of of imprisonment in certainbolded specifieditalics circumstances.mis thenew; prescribed minimum term THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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:

- *AB259_R2* – 3 – (b) Except as otherwise provided in paragraph (a), may grant a petition filed pursuant to subsection 1 if the judgment is a misdemeanor conviction for a violation of any provision of law concerning an offense involving marijuana and the act constituting the offense is a lawful act in this State on or after January 1, 2017.

- 79th Session (2017) – 3 – (a) Vacate the judgment and dismiss the accusatory pleading;

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.order.h 6.

6.

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 convictioncon(a) of:A category A or B felony after 15 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

- *AB259_R2* – 4 – (a) A category A or B felony after 15 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

(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 - 79th Session (2017) – 4 – 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;

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

(2) Specific conviction to which the records to be sealed pertain;pertain(3) Date of arrest relating to the specific conviction to which the records to be sealed pertain.

and3. (3) Date of arrest relating to the specific conviction to which the records to be sealed pertain.

- *AB259_R2* – 5 – 3.

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 offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the - 79th Session (2017) – 5 – 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 was 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.

7.

As used in this section:

- *AB259_R2* – 6 – (1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

(5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of - 79th Session (2017) – 6 – 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 commissioncrime of aviolence crimeis ofan violenceoffense pursuantlisted toin NRSthis 200.408,paragraph., if the crime(7) Abuse of violencea ischild anpursuant offenseto listedNRS in200.508, thisif paragraph.the abuse involved sexual abuse or sexual exploitation.

(7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

179.275 Where the court orders the sealing of a record pursuant to NRS 176A.265, 176A.295, 179.245, 179.255, 179.259, 453.3365 or 458.330, or section 1.2 of this act, a copy of the order must be sent to:

and - *AB259_R2* – 7 – 2.