AB 251 — Makes various changes relating to records concerning children. (BDR 5-986)

(ReprintedAssembly withBill amendmentsNo. adopted on April 19, 2021) FIRST REPRINT A.B.

251251–Assemblymen AKrasner, SSEMBLYFlores, BC.H. ILL NO .

251–ASSEMBLYMENMiller; K RASNER , FLORES , C.H.

MBilbray-Axelrod, ILLER;McArthur, Nguyen, O’Neill, Orentlicher, Roberts and Thomas Joint Sponsors:

BILBRAYSenators -AHardy; XELROD , M CA RTHUR , N GUYEN , O’N EILL, ORENTLICHER , OBERTS AND THOMAS M ARCH 12, 2021 ____________ JOINT S PONSORS :

SENATORSBuck, HARDYDonate, ;D.

UCKHarris ,and DOhrenschall ONATECHAPTER.......... , D.

HARRIS AND O HRENSCHALL ____________ Referred to Committee on Judiciary SUMMARY—Makes various changes relating to juvenile justice.

(BDR 5-986) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

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

establishing provisions relating to the expungement and destruction of certain records relating to children;

revising certain provisions concerning the sealing of certain records relating to children;

Existing law authorizesestablishes avarious childprovisions whorelating is less than 21 years of age, or a probation officer or parole officer on behalf of the child, to petition the juvenilesealing court for the 3 years after the child was last adjudicated in need of supervision,records adjudicatedarlierrelating thanto delinquentchildren. or placed under the supervision of the juvenile court;

and(NRS (2)62E.275, at62H.100-62H.170) theIf timesuch therecords petitionare issealed, filed,existing thelaw childprovides doesthat: not have any delinquent or criminal charges pending.

If(1) the petitionproceedings wasrecounted timelyin filed, the childrecords hasare notdeemed beenconcerning convictedthe ofproceedings aand felonythe oracts ofwhich anybrought misdemeanorabout involvingthe moralproceedings.iry turpitudeHowever, andexisting thelaw childauthorizes hasa beenjuvenile rehabilitatedcourt to order the satisfactioninspection of thesealed juvenilerecords court,by existingcertain law:persons under certain circumstances.

(1)(NRS authorizes62H.170) theSection less4 thanof 18this yearsbill establishes provisions relating to the expungement of age;certain records relating to children.

and (2) requires the juvenile court to order the sealing of is all records relating to the child, if the child is 18 years of age or older.

(NRS 62H.130) Existing law also directs, with certain exceptions, that all records relating to a child be sealed automatically when the child reaches 21 years of age.

(NRS 62H.140) - *AB251_R1* – 2 – Under certain circumstances, however, existing law requires a child to wait until he or she reaches 30 years of age to petition a juvenile court to seal his or her records relating to unlawful acts which, if committed by an adult, would have constituted:

(1) sexual assault;

(2) battery with intent to commit sexual assault;

(3) lewdness with a child;

or (4) a felony involving the use or threatened use of force or vioExisting law also establishes procedures which are specific to the vacation and sealing of records relating to certain unlawful acts committed by children who are victims of human trafficking or involuntary servitude.

(NRS 62E.275) Section 4 of this bill establishes provisions relating to the expungement and destruction of certain records relating to children.

(1) an unlawful act that, if committed by an adult, would have 4,been if a juvenilemisdemeanor; court enters an order expunging such records:

(1)and all(2) proceedingsnan recountedact inof thea recordschild arein deemedneed neverof tosupervision. have occurred;

(2)Under thesection child4, mayif replya accordinglyjuvenile tocourt anyenters inquiryan concerningorder theexpunging proceedingssuch andrecords: the acts which brought about the proceedings;

and(1) (3) all recordsproceedings mustrecounted bein destroyedthe withinrecords 60inquiry daysconcerning ofthe proceedings and the juvenileacts courtwhich issuingbrought suchabout antheto order.any proceedings;

(3) all records in the custody of a probation officer, probation department or law enforcement agency, or any other public officer or agency, must be destroyed within 60 days after the juvenile court issues such an order;

and (4) all records in the custody of the juvenile court or any other court must be expunged.

and (2) authorizes certain persons who have evidence that is relevant to the consideration of the petition to testify at the hearing factors considered by the juvenile court in the hearing on the petition.

Section 7 of this bill makes conforming changes related to the factors considered by the juvenile court in the hearing on the petition.

SectionWhen 7.5a ofchild thisreaches bill21 replacesyears theof requirementage, in existing law thatrequires certainthe automatic sealing of agerecords withrelating to the requirementchild thatunless suchthe records berelate sealedto: automatically:

(1) withina 60civil daysjudgment ofwhich thehas datenot theexpired childor reachesbeen 18satisfied; years of age;

or (2) ifunlawful theacts recordswhich, relateif tocommitted aby delinquentan oradult, unlawfulwould act,have criminalconstituted chargesexual orassault, actbattery ofwith aintent childto incommit needsexual ofassault, supervisionlewdness forwith which a child isor subject to the jurisdiction of a juvenilefelony courtinvolving or other agency when the childuse reachesor 18threatened yearsuse of age,force within 60 days of the termination of the jurisdiction of the juvenile court or otherviolence. agency.