AB 192 — Establishes a procedure when certain offenses are decriminalized. (BDR 14-319)

(ReprintedAssembly withBill amendmentsNo. adopted on April 19, 2019) FIRST REPRINT A.B.

192192–Assemblymen AMcCurdy, SSEMBLYAssefa, BILLYeager, NFumo, O.Flores;

192–ABackus, SSEMBLYMENCarrillo, MFrierson, CCMonroe-Moreno, URDYMunk, ,Nguyen, ASSEFA,Swank, YThompson EAGER,and FUMOWatts ,Joint FLORES;Sponsors:

BACKUSSenators ,Cancela CARRILLO,and FRIERSON,Parks MCHAPTER.......... ONROE -M ORENO , MUNK , NGUYEN , WANK , HOMPSON AND W ATTS FEBRUARY 18, 2019 ____________ JOINT SPONSORS :

ENATORS CANCELA AND PARKS ____________ Referred to Committee on Judiciary SUMMARY—Establishes a procedure when certain offenses are decriminalized.

(BDR 14-319) 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.

Sectionwho 1was convicted of thisthe billoffense providesbefore thatthe when an offense iswas decriminalized,decriminalized may a person submit a request to any court in which the person was convicted that any record of criminal history relating to the conviction be sealed.

EXPLANATION – Matter in bolded italics is new;

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

- *AB192_R1* – 2 – (a) Any person who was convicted of that offense before the date on which the offense was decriminalized may submit a written request to any court in which the person was convicted of that offense for the sealing of any record of criminal history in its possession and in the possession of any agency of criminal justice relating to the conviction.

If a written objection to the request is filed, the court must hold a hearing on - 80th Session (2019) – 2 – the request.

The decision of the court to grant or deny the request is notnot2.ubjNo subjectfee may be charged by any court or agency of criminal justice for the submission of a request pursuant to appeal.this section.

2.

No fee may be charged by any court or agency of criminal justice for the submission of a request pursuant to this section.

Each agency of criminal justice and each public or private company, agency, official or other custodian of records named in the order, and that person shall seal the records in his or her custody which relate to the matters contained in the order, shall advise the court of compliance and shall then seal the order.order., shall advise the Sec.

- *AB192_R1* – 3 – Sec.

(1)- 80th Session (2019) – 3 – (2) The right to vote;hold office;

(2) The right to hold office;

A person who has had his or her records sealed in this State or any other state and whose official documentation of the restoration of civil rights is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his person has had his or her records sealed, the court shall issue anat the order restoring the person to the civil rights pursuantto vote, to thishold section.office and to serve on a jury.

Upon verification that the person has had his or her records sealed, the court shall issue an order restoring the person to the civil rights to vote, to hold office and to serve on a jury.

The person who is the subject of the records that are sealed pursuant to NRS 174.034, 176A.265, 176A.295, 179.245, 179.247, 179.255, 179.259, 179.2595, 201.354, 453.3365 or - *AB192_R1* – 4 – 458.330 or section 1 of this act may petition the court that ordered the records sealed to permit inspection of the records by a person namedExcept as otherwise provided in thethis petition,section, subsection 9 of NRS 179.255 and NRS 179.259 and 179.301, the court may not order suchthe inspection.inspection of the records under any other circumstances.

Except as otherwise provided in this section, subsection 9 of NRS 179.255 and NRS 179.259 and 179.301, the court may not order the inspection of the records under any other circumstances.

If a person has been arrested, the charges have been dismissed and the records of the arrest have been sealed, the court may order the inspection of the records by a prosecuting attorney upon a showing that as a result of newly discovered evidence, the person has been arrested for the same or a similar offense and that - 80th Session (2019) – 4 – there is sufficient evidence reasonably to conclude that the person will stand trial for the offense.

The court may, upon the application of a prosecuting attorney or an attorney representing a defendant in a criminal action, order an inspection of such records for the purpose of obtaining information relating to persons who were involved in the incident recorded.

H~~~~~ 19 - *AB192_R1*80th Session (2019)