Makes various changes relating to public safety. (BDR 14-337)
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SB 31 — Makes various changes relating to public safety. (BDR 14-337)
Last action — Chapter 144.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced November 18, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
576 added · 614 removed576 line(s) added, 614 removed.
(ReprintedSenate withBill amendmentsNo. adopted on May 18, 2021) FIRST REPRINT S.B.
3131–Committee SENATEon BILLJudiciary NOCHAPTER.......... .
31–COMMITTEE ON JUDICIARY (O NB EHALF OF THE R ECORDS , COMMUNICATIONS AND COMPLIANCE D IVISION OF THE DEPARTMENT OF PUBLIC SAFETY ) P REFILED NOVEMBER 18, 2020 ____________ Referred to Committee on Judiciary SUMMARY—Makes various changes relating to public safety.
(BDR 14-337) FISCAL NOTE:
EfEffect on the State:
Yes.
May have Fiscal Impact.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegislativeLegiExisting Counsel’slaw Digest:creates the Central Repository for Nevada Records of Criminal History to collect and maintain certain information relating to records of criminal history.
History(NRS 179A.075) Existing law requires a court, within 5 business days, to collecttransmit andto maintainthe certainCentral informationRepository relatingany record concerning the appointment of a guardian for a person with a mental defect, plea or finding of guilty but mentally ill, verdict acquitting a person by reason of insanity, finding that a person is incompetent to recordsstand trial or involuntary admission of criminala history.person to a mental health each appropriate database of the National Instant Criminal Background Checknclusion in System.
(NRS 179A.075) Existing law requires a court, within 5 business days, to transmit to the Central Repository any record concerning the appointment of a guardian for a person with a mental defect, plea or finding of guilty but mentally ill, - *SB31_R1* – 2 – incompetent to stand trial or involuntary admission of a person to a mental health facility, along with a statement that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.
and (2) may take reasonable steps to ensure that the information Crimereported Informationin Center.the record is included in each appropriate database of the National CrimAdditionally, existing law requires:
(NRS 179A.163)ch appropriate database of the National Additionally, existing law requires:
(NRS 179A.075) Finally, any time that a court issues a temporary or extended order for protection against domesticbehavior, violence,a antemporary ex parte or extended order for protection against high-riska behavior,person aalleged temporaryto orhave extendedcommitted orderthe forcrime protectionof againstsexual assault or a persontemporary allegedor toextended order for protection against stalking, aggravated stalking or harassment and any time that a person serves such an order, registers such an order or takes certain other actions relating to such orders, existing law requires the person to transmit certain information to the Central Repository.
(NRS 33.095, 33.650, 200.37835, 200.599) - 81st Session (2021) – 2 – Section 1 of this bill:
and (2) if the Central Repository chooses to perform such suchmonitoring, compliancerequires andthe postCentral theRepository to prepare an annual report onregarding itsauthorizes Internetthe website.Central Repository to contact the agencies of criminal justice in this State to coordinate efforts to ensure the timely submission or transmission of such information and records.
Section 1 alsoarding authorizes the Central Repository to contact the agencies of criminal justice in this State to coordinate efforts to ensure the timely submission or transmission of such information and records.
Existing law requires the Central Repository to prepare and post on its Internet website certain reports containing statistical data relating to crime and domestictdomestic violence.
Existing law establishes within the Central Repository a service to conduct a name-based search of records of criminal history of an employee, prospective employee, volunteer or prospective volunteer and provides that the Central Repository shall disseminate to an authorized participant of the service information employee,which: prospective employee, volunteer or prospective volunteer is currentlyan within the system of criminal justice, including parole or probation.
(NRS(1) 179A.103)reflects Existingconvictions lawonly; also defines the term “record of criminal history” to include information contained in records collected and maintained by agencies of criminal justice, such as warrants, arrests, citations, detentions, decisions not to - *SB31_R1* – 3 – prosecute, indictments, charges and dispositions of charges.
or (2) pertains to an incident for which an employee, prospective employee, volunteer or prospective volunteer is currently within the system of criminal justice, including parole or probation.
(NRS 179A.103) Existing law also defines the term “record of criminal history” to include information contained in records collected and maintained by agencies of criminal justice, such as warrants, arrests, citations, detentions, decisions not to prosecute, indictments, charges and dispositions of charges.
Existing law creates the Repository for Information Concerning Orders for Protection, which contains a record of all:
(2) temporary and extended orders for protection against stalking, aggravated stalking or harassmentprotection against a person alleged to have committed the crime of sexual assault issued in this State;State.
andExisting (3)law also requires the Director of the Department of Public Safety, on or before July 1 of each year, to submit to the Director of the Legislative Counsel Bureau a written report concerning all temporary and extended orders for protection against adomestic personviolence, allegedsexual toassault, havestalking, committedaggravated stalking or harassment issued during the crimeprevious ofcalendar sexualyear assaultthat issuedwere intransmitted thisto State.the Repository for Information Concerning Orders for Protection.
Existing(NRS law179A.350) alsoSection requires4 theof Directorthis ofbill eliminates the Departmentrequirement ofto Legislativesubmit Counselsuch Bureau a written report concerningand allinstead temporaryrequires andthe extendedDirector ordersof forthe protectionDepartment againstof domesticPublic violence,Safety sexualto assault,provide stalking,an aggravatedelectronic stalkingmeans orto harassmentaccess issuedon during the previousCentral calendarRepository’s yearInternet thatwebsite werestatistical transmitteddata toconcerning thesuch Repositoryorders for Informationprotection. Concerning Orders for Protection.
(NRS- 179A.350)81st SectionSession 4(2021) of– this3 bill– eliminatesExisting the requirement to submit such a report and instead requires the Director of the Department of Public Safety to provide an electronic means to access on the Central Repository’s Internet website staExisting law creates the Repository for Information Concerning Crimes Against Older Persons or Vulnerable Persons, which contains a record of all reports of the abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons in this State.
Existing law also requires the Director of the Department of Public Safety, on or before July 1 of each year, to prepare and submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report on the abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons.
(NRS 179A.450) Section 5 of this billndonmentbill of eliminates the requirement to submit such a report and instead requires the Director of the Department of Public Safety to provide an electronic means to access on thetheor Central Repository’s Internet website statistical data on the abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons.
THEEXPLANATION PEOPLE– OFMatter THEin STATEbolded OFitalics NEVADA,is REPRESENTEDnew; IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sectionmatter 1.between brackets [omitted material] is material to be omitted.
THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.
and (b) According to a schedule established by the Director of the Department, contact the agencies of criminal justice in this State to coordinate efforts to ensure the timely submission or - *SB31_R1* – 4 – transmission of information and records pursuant to NRS 33.095, 33.650, 159.0593, 174.035, 175.533, 175.539, 178.425, subsections 2, 3 and 4 of NRS 179A.075, NRS 200.37835, 200.599 and 433A.310.
4.- 81st Session (2021) – 4 – of criminal justice in this State pursuant to this section, thees Central Repository must:
If the Central Repository chooses to monitor the agencies of criminal justice in this State pursuant to this section, the Central Repository must:
“Record of criminal history” means information contained in records collected and maintained by agencies of criminal justice, the subject of which is a natural person, consisting of descriptions which identify the subject and notations of summons 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] prosecuting 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 - *SB31_R1* – 5 – 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.
- 81st Session (2021) – 5 – (c) Posters, announcements or lists intended to identify fugitives or wanted persons and aid in their apprehension;
(e) Records of application for and issuance, suspension, revocation or renewal of occupational licenses, including, without limitation, permits to work in the gaming industry;
Show all 94 changed lines (54 more)
Each agency of criminal justice and any other agency dealingdea(a) withCollect crimeand shall:maintain records, reports and compilations of statistical data required by the Department;
(a) Collect and maintain records, reports and compilations of statistical data required by the Department;
and - *SB31_R1* – 6 – (2) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of Investigation.
(b)- On81st aSession medium(2021) – 6 – (c) In the manner prescribed by the Director of magneticthe storage;Department, within 60 days after the date of the disposition of the case.
or (c) In the manner prescribed by the Director of the Department, within 60 days after the date of the disposition of the case.
5.of the Department:
The Division shall, in the manner prescribed by the Director of(a) theCollect, Department:maintain and arrange all information submitted to it relating to:
(a) Collect, maintain and arrange all information submitted to it relating to:
6.(a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;
The Division may:
- *SB31_R1* – 7 – (a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;
and (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints or other biometric identifier the- Central81st RepositorySession (2021) – 7 – Investigation and:tory submits to the Federal Bureau of Investigation(1) and:Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;
(1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;
or (5) About whom any agency of the State of Nevada or any political subdivision thereof is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.
the protection of the agency or the persons 7.
or (2) Criminal investigation, from the agency of criminal justice or agency of the State of Nevada or any political subdivision thereof and submit the received data to the Federal Bureau of Investigation for its report.
- *SB31_R1* – 8 – 8.
(c)- Disseminate81st toSession federal(2021) agencies– engaged8 in– the collection of statistical data relating to crime information which is contained in the Central Repository.
(e) Upon discovery, immediately notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:
The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action byappropriate.ict, the district, charter school or private school, as applicable, is appropriate.(f) Investigate the criminal history of each person who submits one or more fingerprints or other biometric identifier or has such data submitted pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.122, 449.123 or 449.4329.
(f)(g) Investigate[On theor criminalbefore historyJuly 1 of each personyear, whoprepare submitsand onepost oron morethe fingerprintsCentral orRepository’s otherInternet biometricwebsite identifieran orannual hasreport suchcontaining datathe] submittedProvide pursuantan electronic means to NRSaccess 62B.270,on 62G.223,the 62G.353,Central 424.031,- 432A.170,81st 432B.198,Session 433B.183,(2021) 449.122,– 449.1239 or– 449.4329.[received during the preceding calendar year.
-Additional *SB31_R1*reports – 9 – (g) [On or before July 1 of each year, prepare and post on the Central Repository’s Internet website an annual report containing the] Provide an electronic means to access on the Central Repository’s Internet website statistical data relating to crime .
[receivedmay duringbe posted to the precedingCentral calendarRepository’s year.Internet website throughout the year regarding specific areas of crime if they are approved by the Director of the Department.
Additional reports may be posted to the Central Repository’s Internet website throughout the year regarding specific areas of crime if they are approved by the Director of the Department.
(j) Adopt regulations governing biometric identifiers and the information and data derived from biometric identifiers, including, withoutwithout(1) limitation:Their collection, use, safeguarding, handling, retention, storage, dissemination and destruction;
(1) Their collection, use, safeguarding, handling, retention, storage, dissemination and destruction;
All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.
must be used to pay for the cost (c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.
- *SB31_R1* – 10 – (a) “Mobile identification” means the collection, storage, transmission, reception, search, access or processing of a biometric identifier using a handheld device.
- 81st Session (2021) – 10 – (b) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:
(1) The name, driver’s license number, social security number, date of birth and photograph or computer-generated image of a person;
An authorized participant of the service may inquire about the records of criminal history of an employee, prospective employee, volunteer or prospective volunteer to determine the suitability of the employee or prospective employee for employment orvolunteering.ility the suitability of the volunteer or prospective volunteer for volunteering.5.
5.
An employee, prospective employee, volunteer or prospective volunteer who is proposed to be the subject of a name- based search must provide his or her written consent directly to the authorized participant or, if the authorized participant is a screening service, directly to the eligible person designating the screening service to receive records of criminal history, for the Central - *SB31_R1* – 11 – Repository to perform the search and to release the information to an authorized participant.
(a)- A81st Session (2021) – 11 – (b) If the authorized participant is a screening service, a form designatedthat bycomplies with the Centralprovisions Repository;of 15 U.S.C.
or (b) If the authorized participant is a screening service, a form that complies with the provisions of 15 U.S.C.
10.
As used in this section:
or (3) Enters into a contract with a person, business or organization for the provision, directly or indirectly, of labor, services or materials by an independent contractor, subcontractor or a third party.
- *SB31_R1*81st Session (2021) – 12 – (1) An electronic signature pursuant to 15 U.S.C.
or (3) Consent by means of mail, the Internet, other electronic means or other means pursuant to 15 U.S.C.
§ 1681b(b)(2), and anyanyc regulations adopted pursuant thereto.
The records contained in the Repository for Information Concerning Orders for Protection must be kept in accordance with thethe4.eguInformation regulationsreceived adopted by the DirectorCentral ofRepository pursuant to NRS 33.095, 200.37835 and 200.599 must be entered in the Department.Repository for Information Concerning Orders for Protection.
4.
Information received by the Central Repository pursuant to NRS 33.095, 200.37835 and 200.599 must be entered in the Repository for Information Concerning Orders for Protection.
- 81st Session (2021) – 13 – (a) A court order;
- *SB31_R1* – 13 – 8.
[On or before July 1 of each year, the] The Director of the Department shall [submit to the Director of the Legislative Counsel Bureau a written report] provide an electronic means to access on the CentralCentralittenRepository’svidInternetctrwebsiteansstatistical Repository’s Internet website statistical data concerning all temporary and extended orders for protection issued pursuant to NRS 33.020, 200.378 and 200.591 during the previous calendar year that were transmitted to the Repository for Information Concerning Orders for Protection.
The information provided pursuant to subsection 8 must include only aggregate information for statistical purposes and must exclude any identifying information relating to a particular person.
The record must be prepared in a manner approved by the - 81st Session (2021) – 14 – Director of the Department and must include, without limitation, the following information:
- *SB31_R1* – 14 – (a) All incidents that are reported to state and local law enforcement agencies and the Aging and Disability Services Division of the Department of Health and Human Services.
[On or before July 1 of each year, the] The Director of the Department shall [prepare and submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature that sets forth] provide an electronic means to access on the Central Repository’s Internet website statistical data on the abuse, neglect, exploitation,vulnerable isolationpersons.tion or abandonment of older persons or vulnerable4. persons.
4.
H~~~~~ 21 - *SB31_R1*81st Session (2021)
Show all 94 changed rows (54 more)
View plain text versions (3)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Introduced As Introduced pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Chapter 144.
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Approved by the Governor.
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Enrolled and delivered to Governor.
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In Senate. Assembly Amendment No. 534 concurred in. To enrollment.
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From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 35, Nays: 7.) To Senate.
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Read second time. Amended. (Amend. No. 534.) To printer.
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From committee: Amend, and do pass as amended.
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In Assembly. Read first time. Referred to Committee on Judiciary. To committee.
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Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.
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Read second time.
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From committee: Do pass.
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Read first time. To committee.
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From printer.
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Prefiled. Referred to Committee on Judiciary. To printer.
Sponsors
- Senate Committee on Judiciary · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Senate Committee on Judiciary
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
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- SB 31 is sponsored by Senate Committee on Judiciary.
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- This bill has been enacted into law. Introduced November 18, 2020. Enacted.
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