AB 425 — Revises provisions governing public safety. (BDR 14-945)

EXEMPT (Reprinted with amendments adopted on June 2,3, 2019) THIRDFOURTH REPRINT A.B.

425 A SSEMBLY B ILLN O.O .

425–COMMITTEE ON GOVERNMENTG OVERNMENT A FFAIRS M ARCH 25, 2019 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing fingerprintingpublic services.safety.

EffecProvidesEffectProvides for Term of Imprisonment in County or City Jail or Detention Facility.

AN ACT relating to public affairs;safety;

requiring the DirectorCentral toRepository provide for auditsNevada Records of Criminal History to ensureprepare compliancean withannual applicablereport laws,relating regulationsto the transmission of certain information and standards;records concerning public safety;

requiringproviding personsfor whocoordination wishbetween tothe establishCentral orRepository ownand certainthe fingerprintcourts facilitiesrelating to entersuch intoinformation certainand contracts;records;

enacting provisions relating to the authority of the Central Repository to conduct a background check on certain persons who provide care for children, elderly persons or persons with disabilities;

Existing law requires a court, within 5 business days, to transmit to the DirectorCentral Repository for Nevada Records of Criminal History a record concerning the Departmentguilty ofbut Publicmentally Safetyill, toa adoptverdict thisacquitting billa requiresperson theby Directorreason of insanity, a finding that a person is incompetent to providestand fortrial certainor auditsthe involuntary admission of a person to ensurea compliancemental health facility, along with a statement that the record is being transmitted for inclusion in all applicableappropriate laws,databases regulationsof andthe standards.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 record is included in each appropriate database of the National Instant Criminal Background Check System;

and (2) may take reasonable - *AB425_R4* – 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) Existing law further requires a person to transmit 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 an order or receives certain information or takes certain other actions relating to such orders.

(NRS 33.095) Finally, existing law requires each agency of criminal justice to submit information to the Central Repository relating to records of criminal history that it creates, issues or collects, and certain information in the agency’s possession relating to the DNA profile of certain persons.

(NRS 179A.075) Section 1.3 of this bill requires the Central Repository to prepare an annual report to be submitted to the Governor, the Nevada Supreme Court and the Director of the Legislative Counsel Bureau for transmittal to the Legislature regarding each domestic violence, records of criminal history, information relating to DNAinst profiles and mental health records were not timely submitted during the previous fiscal year.

Section 1.3 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.

(NRS 179A.075) SectionThe 5National ofChild thisProtection billAct/Volunteers requiresfor aChildren personAct wishing(NCPA/VCA) authorizes states to establishenact orprovisions ownthat require qualified entities to contact an authorized agency to request a fingerprintnational facilitybackground check for the purpose of determining whether a covered individual has been convicted of a crime that transmitsbears orupon forwardsthe fingerprintsfitness of the covered individual to care for children, elderly persons or requires the Central Repository to enteract intoas athe contractauthorized withagency of this State for the Centralpurpose Repository.of conducting such background checks.

-Section *AB425_R3*1.7 –also 2provides –the THEduties PEOPLEof OFqualifying THEentities STATEand OFthe NEVADA,Central REPRESENTEDRepository, INas SENATEapplicable, ANDand ASSEMBLY,the DOrights ENACTafforded ASto FOLLOWS:a covered individual.

Finally, section 1.7:

(1) requires the Director of the Department of Public Safety to adopt certain regulations;

and (2) provides that certain persons and entities are not liable for certain acts or omissions relating to such background checks under certain circumstances.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Chapter 179A of NRS is hereby amended by adding thereto the provisions set forth as sections 21.3 toand 5,1.7 inclusive, of this act.

1.3.

1.

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 - *AB425_R4* – 3 – 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.

AsThe usedCentral inRepository NRSshall, 179A.075according to 179A.160,a inclusive,schedule andestablished sectionsby 2the toDirector 5,of inclusivethe ofDepartment, contact the courts in this act,State unlessto thecoordinate contextefforts otherwiseto requires,ensure the wordstimely andsubmission termsof definedinformation inor sectionsrecords 2.5transmitted andpursuant 3to ofNRS this33.095, act159.0593, have174.035, the175.533, meanings175.539, ascribed178.425, tosubsection them3 inof thoseNRS sections.179A.075 or NRS 433A.310.

2.3.1.7.

(Deleted by amendment.) Sec.

2.5.

“FingerprintThe facility”Central meansRepository ashall facilityact locatedas inthe authorized agency of this State whichfor usesany fingerprintingrequest andby networka equipmentqualifying agency for a national background check where the purpose of the national background check is to providedetermine fingerprintingwhether services.a covered individual has been convicted of a crime that bears upon the fitness of the covered individual to have responsibility for the safety and well-being of children, elderly persons or individuals with disabilities.

TheA termqualified includes,entity withoutshall limitation,submit such a facilityrequest thatfor providesany mobilesuch fingerprintingbackground services.check to the Central Repository.

TheBefore terma doesqualified notentity include:may submit a request for a must:round check pursuant to this section, the qualified entity (a) Register with the Central Repository via a signed written agr(b) Obtain from the covered individual for whom the request will be submitted:

(a)(1) AnyA local,set stateof orfingerprints; federal agency, including, without limitation, any law enforcement agency;

or(2) (b) A facilitycompleted whereand fingerprintingsigned servicesstatement are rendered that doescomplies notwith transmit or forward the biometricrequirements data in the form of fingerprints34 toU.S.C. the Central Repository.

§ 40102(b)(1);

and (3) A signed waiver authorizing the Central Repository to release the background check to the qualified entity.

3.

The Central Repository shall:

(a) Access and review state and federal records of criminal history through the national criminal history background check system and shall make reasonable efforts to respond to a request by a qualified entity within 15 days.