SB 265 — Revises provisions relating to certain information and records concerning public safety. (BDR 14-1042)

EXEMPT (Reprinted with amendments adopted on April 18, 2019) FIRST REPRINT S.B.

265 SENATES BILLENATE B ILL N O.

265–SENATORS265–S ENATORS SEEVERS GGANSERT ANSERT , HARDY ;

C ANCELA , G OICOECHEA , H AMMOND , HANSEN , K IECKHEFER ,O HRENSCHALL , ICKARDPICKARD AND SETTELMEYER M ARCH 12, 2019 ____________ JOINT SPONSORSS PONSORS :

ASSEMBLYMEN TTITUS ITUS,, RAMER ;

ASSEFA,ASSEFA DALY,, DALY , H AFEN , HARDY , LEAVITT , NGUYEN , PETERS , SPRINKLE, T OLLES AND W ATTS ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to certain information and records ofconcerning mentalpublic health.safety.

AN ACT relating to recordspublic ofsafety; mental health;

providingrequiring for coordination between the Central Repository for Nevada Records of Criminal History andto theprepare courtsan annual report relating to the transmission of certain information and records ofconcerning mentalpublic health;safety;

requiringproviding for coordination between the Central Repository toand preparethe ancourts annual report relating to such information and records;

Existing law requires a court, within 5 business days, to transmit to the Central Repository for Nevada Records of Criminal History a record concerning the guiltyappointment butof mentally ill, a verdictguardian acquittingfor a person bywith reasona ofmental insanity,defect, a plea or finding thatof aguilty personbut ismentally incompetentill, toa standverdict trialacquitting ora theperson involuntaryby admissionreason of insanity, a personfinding to a mental health facility, along with a statement that the record is beingbeinga person transmitted for inclusion in all appropriate databases of the National Instant Criminal Background Check System.

(NRS 159.0593, 174.035, 175.533, 175.539, 178.425, 433A.310) Existing law also provides that, upon receiving such a record, information reported in the recordCentral isRepository: included in each appropriate database of the National Instant Criminal Background Check System;

and(1) (2)must may take reasonable steps to ensure that the information reported in the record is included in each appropriate database of the - *SB265**SB265_R1* – 2 – steps to ensure that the information reported in the record is included in each appropriate database of the National Crime Information Center.

(NRS 179A.163) withExisting thelaw courtsfurther requires a person to ensuretransmit certain information to the Central Repository any time a court issues a temporary or extended order for protection against domestic violence and any time that a person serves such mentalan healthorder, recordsregisters aresuch timelyan submittedorder, toregisters thea CentralCanadian Repository.domestic-violence protection orders.

Section(NRS 133.095) ofFinally, thisexisting billlaw requires theeach Centralagency Repositoryof tocriminal preparejusticech an annual report to besubmit submittedinformation to the GovernorCentral andRepository therelating Directorto records of thecriminal Legislativehistory Counselthat Bureauit forcreates, transmittalissues toor thecollects, Legislatureand regardingcertain eachinformation instance in whichthe suchagency’s apossession mentalrelating healthto recordthe wasDNA notprofile timelyof submittedcertain duringpersons. the previous fiscal year.

(NRS 179A.075) This bill requires the Central Repository to prepare an annual report to be Legislative Counsel Bureau for transmittal to the Legislature regarding each instance in which certain information relating to orders for protection against domestic violence, records of criminal history, information relating to DNA profiles and mental health records were not timely submitted during the previous fiscal year.

This bill also requires the Central Repository to coordinate its efforts with the courts to ensure that such information and records are timely submitted to the Central Repository.

On1. or before September 1 of each year, the Central Repository shall prepare and submit to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report identifying each instance in which a record required to be transmitted by a court to the Central Repository pursuant to NRS 159.0593, 174.035, 175.533, 175.539, 178.425 or 433A.310 was not timely submitted during the previous fiscal year and providing the reason, if known, for the untimely submission of the record.

On or before September 1 of each year, the Central Repository shall prepare and submit to the Governor, the Nevada Supreme Court and the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report identifying each instance in which information or a record is required to be transmitted to the Central Repository pursuant to NRS 33.095, 159.0593, 174.035, 175.533, 175.539, 178.425, subsection 3 of NRS 179A.075 or NRS 433A.310 and such information or record was not timely submitted during the previous fiscal year.

The report must include the reason, if known, for the untimely submission of the information or record.

2.

The Central Repository shall, according to a schedule established by the Director of the Department, contact the courts in this State to coordinate efforts to ensure the timely submission of information or records transmitted pursuant to NRS 33.095, 159.0593, 174.035, 175.533, 175.539, 178.425, subsection 3 of NRS 179A.075 or NRS 433A.310.

NRS(Deleted 179A.163by isamendment.) herebySec. amended to read as follows:

179A.163 1.

Upon receiving a record transmitted pursuant to NRS 159.0593, 174.035, 175.533, 175.539, 178.425 or 433A.310, the Central Repository:

(a) Shall take reasonable steps to ensure that the information reported in the record is included in each appropriate database of the National Instant Criminal Background Check System;

and (b) May take reasonable steps to ensure that the information reported in the record is included in each appropriate database of the National Crime Information Center.

2.

The Central Repository shall, according to a schedule established by the Director, contact the courts in this State to coordinate efforts to ensure the timely submission of records transmitted pursuant to NRS 159.0593, 174.035, 175.533, 175.539, 178.425 and 433A.310.

Except as otherwise provided in subsection [3,] 4, if the Central Repository receives a record described in subsection 1, the person who is the subject of the record may petition the court for an order declaring that:

(a) The basis for the adjudication reported in the record no longer exists;

- *SB265* – 3 – (b) The adjudication reported in the record is deemed not to have occurred for purposes of 18 U.S.C.

§ 922(d)(4) and (g)(4) and NRS 202.360;

and (c) The information reported in the record must be removed from the National Instant Criminal Background Check System and the National Crime Information Center.

[3.] 4.

To the extent authorized by federal law, if the record concerning the petitioner was transmitted to the Central Repository pursuant to NRS 159.0593, 174.035, 175.533, 175.539, 178.425 or 433A.310, the petitioner may not file a petition pursuant to subsection [2] 3 until 3 years after the date of the order transmitting the record to the Central Repository.

[4.] 5.

A petition filed pursuant to subsection [2] 3 must be:

(a) Filed in the court which made the adjudication or finding pursuant to NRS 159.0593, 174.035, 175.533, 175.539, 178.425 or 433A.310;

and (b) Served upon the district attorney for the county in which the court described in paragraph (a) is located.

[5.] 6.