SB 19 — Establishes provisions authorizing certain entities to obtain information relating to the records of criminal history of certain persons responsible for the safety and well-being of children, elderly persons or persons with disabilities. (BDR 14-336)

REQUIRESSenate TWO-THIRDSBill MAJORITYNo. VOTE (§ 1) (Reprinted with amendments adopted on April 14, 2021) FIRST REPRINT S.B.

1919–Committee Son ENATEJudiciary BCHAPTER.......... ILLN O.

19–COMMITTEE ON JUDICIARY (ON BEHALF OF THE R ECORDS , COMMUNICATIONS AND C OMPLIANCE D IVISION OF THE D EPARTMENT OF PUBLIC SAFETY ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Judiciary SUMMARY—Establishes provisions authorizing certain entities to obtain information relating to the records of criminal history of certain persons responsible for the safety and well-being of children, elderly persons or persons with disabilities.

(BDR 14-336) 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.

LegislativeLegiExisting Counsel’sfederal Digest:law authorizes a state to establish by statute or regulation procedures that require designated qualified entities, which are businesses or organizations that provide care or care placement services to children, elderly persons or persons with disabilities, to contact an authorized state agency to request a nationwide background check to determine whether certain persons have been convicted of a crime that bears upon the person’s fitness to have responsibility for the safety and well-being of children, elderly persons or persons with disabilities.

Existing federal law authorizes a state to establish by statute or regulation procedures that require designated qualified entities, which are businesses or persons or persons with disabilities, to contact an authorized state agency to request a nationwide background check to determine whether certain persons have been convicted of a crime that bears upon the person’s fitness to have responsibility for the safety and well-being of children, elderly persons or persons with disabilities.

§ 40102(b)) obtain information relating to the records of criminal history of employees,ity to volunteers, persons applying to be an employee or volunteer and covered - *SB19_R1* – 2 – individuals of the qualified entity who have access to children, elderly persons or persons with disabilities.

(1) before submitting a request for screening an employee, volunteer, person applying to be an employee or volunteer or covered individual of the qualified entity, establish an account with the Central Repository for Nevada Records of Criminal History, provide certain writtenhewritten Central notification to the person regarding his or her rights and obtain from the person a signed waiver that allows the release of information relating to the records of criminal history of the person to the qualified entity;

and (2) submit any request for screening a person to the Central Repository by submitting the fingerprints of the person to the Central Repository for its criminal history report and for forwarding requestto must be accompanied by the paymentFederal Bureau of aInvestigation fee(FBI) for informationits relating touch a records of criminal history and the amount required by the FBI for its report.

ThisSuch billa alsorequest requiresmust abe qualifiedaccompanied entityby tothe determine,payment afterof receivinga fee for information relating to the records of criminal history ofand a person, whether the personamount isrequired fitby tothe haveFBI responsibility for theits safetyreport. and well-being of children, elderly persons or persons with disabilities.

Additionally,This this bill providesalso thatrequires a qualified entity to determine, after receiving information relating to the records of criminal history of a person, whether the person is fit to have responsibility for the safety and well-being of children, elderly entity is not liable for damages solely arising out of the accuracy of any informationd included in or omitted from the records of criminal history of a person and that thisnthis State, any political subdivision of this State or any agency, officer or employee thereof is not liable for damages for providing any requested information.

- 81st Session (2021) – 2 – EXPLANATION – Matter in bolded italics is new;

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

(b) Provide written notification to any person being screened regarding the right of the person to obtain a copy of his or her background screening report, including, without limitation, any records of criminal history contained in the report, to appeal the results of the background screening report to challenge theeal the accuracy and completeness of any information contained therein, and to obtain a determination as to the validity of such a challenge before the qualified entity makes a final determination as to the fitness of the person to have responsibility for the safety and well- being of children, elderly persons or persons with disabilities.

- *SB19_R1* – 3 – (c) Obtain a signed waiver from any person being screened, on a form approved by the Division, that allows the release of information relating to the records of criminal history of the person to the qualified entity and contains the information required by 34 U.S.C.

Each request must be voluntary and conform to the requirements established in the National Child Protection Act of 1993, Public Law 103-209, as amended by the Volunteers for Children Act, Public Law 105-251, 34 U.S.C.

§§ 40101 et seq.

3.- 81st Session (2021) – 3 – accompanied by the payment of a fee to the Central Repository as authorized by NRS 179A.140, plus the amount prescribed by the Federal Bureau of Investigation for its report on the criminal history of the person, in accordance with the provisions of 34 U.S.C.

A request submitted pursuant to subsection 2 must be accompanied by the payment of a fee to the Central Repository as authorized by NRS 179A.140, plus the amount prescribed by the Federal Bureau of Investigation for its report on the criminal history of the person, in accordance with the provisions of 34 U.S.C.

Any records of criminal history obtained are available for qualified entities to use only for the purpose of screening employees, volunteers, persons applying to be ananse of employee or volunteer or covered individuals of the qualified entity who have supervised or unsupervised access to children, elderly persons or persons with disabilities.

The qualified entity shall make such a determination pursuant to - *SB19_R1* – 4 – the procedures set forth in the VECHS program based on whether the information relating to the records of criminal history of the person indicates that the person has been convicted of or is subject to pending criminal charges or a pending indictment for any crime that bears upon his or her fitness to have responsibility for the safety and well-being of children, elderly persons or persons with disabilities.require the Central Repository to make such a determination onrued to behalf of any qualified entity.

The provisions of this section must not be construed to require the Central Repository to make such a determination on behalf of any qualified entity.

- 81st Session (2021) – 4 – 7.

A qualified entity is not liable for damages solely arising out of the accuracy of any information included in or omitted from records of criminal history authorized to be obtainedobtainedted pursuant to this section, and the State of Nevada, any political subdivision of the State or any agency, officer or employee thereof is not liable for damages for providing any information relating to records of criminal history requested pursuant to this section.

(d) “Division” means the Records, Communications and ComplianceCom(e) Division“Elderly persons” means any persons who are 60 years of theage Department.or older.

(e)(f) “Elderly“Record persons”of meanscriminal anyhistory” personshas whothe aremeaning 60ascribed yearsto it in NRS 179A.070 and also includes, unless the context otherwise requires, records of agecriminal orhistory older.obtained from the Federal Bureau of Investigation.

- *SB19_R1* – 5 – (f) “Record of criminal history” has the meaning ascribed to it in NRS 179A.070 and also includes, unless the context otherwise requires, records of criminal history obtained from the Federal Bureau of Investigation.

“Record of criminal history” means information contained in records collected and maintained by agencies of criminal- justice,81st theSession subject(2021) of– which5 is– a natural person, consisting of descriptions which identify the subject and notations of summonssummonsing in a criminal action, warrants, arrests, citations for misdemeanors issued pursuant to NRS 171.1773, citations issued for violations of NRS 484C.110, 484C.120, 484C.130 and 484C.430, detentions, decisions of a district attorney or the Attorney General not to prosecute the subject, indictments, informations or other formal criminal charges and dispositions of charges, including, without limitation, dismissals, acquittals, convictions, sentences, information set forth in NRS 209.353 concerning an offender in prison, any postconviction relief, correctional supervision occurring in Nevada, information concerning the status of an offender on parole or probation, and information concerning a convicted person who has registered as such pursuant to chapter 179C of NRS.

The term includes only information contained in a record, maintained in written or electronic form, of a formal transaction between a person and an agency of criminal justice in this State, including, without limitation, the fingerprints and other biometric identifiers of a person who is arrested and taken into custody and of a person who is placed on parole or probation and supervised by the Division of Parole and Probation of the Department.

- *SB19_R1* – 6 – (e) Records of application for and issuance, suspension, revocation or renewal of occupational licenses, including, without limitation, permits to work in the gaming industry;

(f)and Exceptrecords asof otherwisepublic providedjudicial inproceedings, subsection 1, court indexesdecisions andxes opinions, and information disclosed during public judicialsjudicial and proceedings;

- 81st Session (2021) – 6 – (i) Announcements of actions by the State Board of Pardons Commissioners and the State Board of Parole Commissioners, except information concerning the status of an offender on parole or probation;

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