Nevada 2023 Regular Session Status: Enacted 4 D cosponsors

SB 367 — Revises provisions relating to public safety. (BDR 15-942)

Last action — Chapter 408.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 23, 2023. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 13, 2023.

Prognosis

Advancing 58% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (4 D).

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

431 added · 463 removed

431 line(s) added, 463 removed.

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(Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT S.B.
Senate Bill No.
367 SENATE B ILLN O.
367–Senators Cannizzaro;
367–SENATORS CANNIZZARO ;
Donate, Dondero Loop and Pazina CHAPTER..........
D ONATE , ONDERO LOOP AND P AZINA M ARCH 23, 2023 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to public safety.
(BDR 15-942) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Legislative Counsel’s Digest:
LegiExisting law prohibits certain persons from owning or having in their possession or under their custody or control “any firearm.” (NRS 202.360) The Nevada Supreme Court has held that the State may only charge a defendant with one count of being a prohibited person in possession of a firearm for each such incident, regardless of the number of firearms that the defendant possessed at one time, in one place.
Existing law prohibits certain persons from owning or having in their possession or under their custody or control “any firearm.” (NRS 202.360) The Nevada Supreme Court has held that the State may only charge a defendant with one count of being a prohibited person in possession of a firearm for each such time, in one place.
37 (2021)) Section 3 of this bill clarifies the Legislature’s intent with regard to this prohibition by providing that, for purposes of prosecuting a violation of the prohibition, each firearm owned, possessed or under the custody or control of a person constitutes a separate violation.
37 (2021)) Section 3 providing that, for purposes of prosecuting a violation of the prohibition, eachby firearm owned, possessed or under the custody or control of a person constitutes a separate violation.
- *SB367_R1* – 2 – The Brady Handgun Violence Prevention Act requires that a background check be conducted on any person wishing to purchase or redeem a firearm to determine whether the person is prohibited from purchasing or possessing a firearm pursuant to federal or state law.
The Brady Handgun Violence Prevention Act requires that a background check be conducted on any person wishing to purchase or redeem a firearm to determine whether the person is prohibited from purchasing or possessing a firearm pursuant requirements, the Bipartisan Safer Communities Act requires any background check conducted on a prospective buyer who is less than 21 years of age to include a review of certain information and records to determine whether the person is disqualified from purchasing or possessing a firearm under federal or state law.
103-159, 107 Stat.
1536) Among other requirements, the Bipartisan Safer Communities Act requires any background a review of certain information and records to determine whether the person islude disqualified from purchasing or possessing a firearm under federal or state law.
(Pub.
L.
No.
1313) Sections 5-7 of this bill authorize a juvenile justice agency and the juvenile court to release certain information and records for the purpose of performing a background check to determine whether a person is eligible to purchase or possess a firearm under federal or state law.
1313) Sections 5-7 of this bill authorize a juvenile justice agency and the juvenile court to release certain information and records for the purpose of performing a background check to determine whether a person is eligExisting law requires a court to transmit certain records of adjudication concerning a person’s mental health to the Central Repository for Nevada Records of Criminal History, along with a statement that the record is being transmitted for inclusion in all appropriate databases of the National Instant Criminal Background Check System.
Existing law requires a court to transmit certain records of adjudication of Criminal History, along with a statement that the record is being 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, 433A.343) Section 8.5 of this bill requires a court to transmit to the Central health facilities of certain children with an emotional disturbance who are in theal - 82nd Session (2023) – 2 – custody of an agency which provides child welfare services.
(NRS 159.0593, 174.035, 175.533, 175.539, 178.425, 433A.310, 433A.343) Section 8.5 of this bill requires a court to transmit to the Central Repository certain records relating to the court-ordered admission to certain mental health facilities of certain children with an emotional disturbance who are in the custody of an agency which provides child welfare services.
Section 7.7 of this bill provides that no action for damages may be brought against the court or an empExisting law requires the inclusion, correction and removal of certain records in each appropriate database of the National Instant Background Check System for certain purposes relating to the purchase or possession of a firearm.
Section 7.7 of this bill employee of the court for transmitting a record pursuant to section 8.5.an Existing law requires the inclusion, correction and removal of certain records in each appropriate database of the National Instant Background Check System for certain purposes relating to the purchase or possession of a firearm.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- *SB367_R1* – 3 – 1.
1.
6.
- 82nd Session (2023) – 3 – 6.
8.
“Semiautomatic firearm” means any firearm that:
(b) The Chief of the Youth Parole Bureau or his or her designee;
(c) The Chief Parole and Probation Officer or his or heresignee;
(c) The Chief Parole and Probation Officer or his or her designee;
designee;
- *SB367_R1* – 4 – (d) The Director of the Department of Corrections or his or her designee;
(d) The Director of the Department of Corrections or his or her designee;
(k) The director of an agency which provides mental health services or his or her designee;
- 82nd Session (2023) – 4 – services or his or her designee;
(l) A guardian ad litem or court appointed special advocate who represents the child;
which provides mental health (l) A guardian ad litem or court appointed special advocate who represents the child;
(p) A person or organization who has entered into a written agreement with the juvenile justice agency to provide assessments or juvenile justice services;
(p) A person or organization who has entered into a written agreement with the juvenile justice agency to provide assessments or (q) A person engaged in bona fide research that may be used to improve juvenile justice services or secure additional funding for juvenile justice services if the juvenile justice information is provided in the aggregate and without any personal identifying information;
(q) A person engaged in bona fide research that may be used to improve juvenile justice services or secure additional funding for juvenile justice services if the juvenile justice information is provided in the aggregate and without any personal identifying information;
or - *SB367_R1* – 5 – (t) A federal, state or local governmental entity, or an agency of such an entity, that needs access to the information to perform a background check to determine whether a person who is less than 21 years of age is eligible to purchase and possess firearms under state and federal law.
or (t) A federal, state or local governmental entity, or an agency a background check to determine whether a person who is lesserform than 21 years of age is eligible to purchase and possess firearms under state and federal law.
or (b) The release of the information would cause material harm to the child or would prejudice any court proceeding to which the child is subject.
or - 82nd Session (2023) – 5 – (b) The release of the information would cause material harm to the child or would prejudice any court proceeding to which the child is subject.
A denial pursuant to this subsection must be made in writing to the person requesting the information not later than 5 business days after receipt of the request.
A denial pursuant to this subsection must be made in writing to after receipt of the request.ormation not later than 5 business days 4.
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4.
or (c) A federal, state or local governmental entity, or an agency of such an entity, that uses the information to perform a background check to determine whether a person who is less than 21 years of age is eligible to purchase and possess firearms under state and federal law.
or (c) A federal, state or local governmental entity, or an agency of such an entity, that uses the information to perform a years of age is eligible to purchase and possess firearms under state and federal law.
(b) “Juvenile justice information” means any information which is directly related to a child in need of supervision, a delinquent - *SB367_R1* – 6 – child or any other child who is otherwise subject to the jurisdiction of the juvenile court.
(b) “Juvenile justice information” means any information which is directly related to a child in need of supervision, a delinquent child or any other child who is otherwise subject to the jurisdiction of the juvenile court.
Except as otherwise provided in this section and NRS 217.110, records of any case brought before the juvenile court may be opened to inspection only by court order to persons who have a legitimate interest in the records.
Except as otherwise provided in this section and NRS 217.110, records of any case brought before the juvenile court may - 82nd Session (2023) – 6 – be opened to inspection only by court order to persons who have a legitimate interest in the records.
(a) Records of traffic violations which are being forwarded to the Department of Motor Vehicles;
the Department of Motor Vehicles;ons which are being forwarded to (b) Records which have not been sealed and which are required by the Division of Parole and Probation for preparation of presentence investigations and reports pursuant to NRS 176.135 or general investigations and reports pursuant to NRS 176.151;
(b) Records which have not been sealed and which are required by the Division of Parole and Probation for preparation of presentence investigations and reports pursuant to NRS 176.135 or general investigations and reports pursuant to NRS 176.151;
(d) Regardless of whether or not they have been sealed, records which are to be used for the purpose of conducting a background check to determine whether a person who is less than 21 years of age is eligible to purchase and possess firearms under state and federal law;
(d) Regardless of whether or not they have been sealed, records which are to be used for the purpose of conducting a background check to determine whether a person who is less than years of age is eligible to purchase and possess firearms under state and federal law;
The clerk of the court shall prepare and cause to be printed forms for social and legal records and other papers as may be required.
The clerk of the court shall prepare and cause to be printed forms for social and legal records and other papers as may be reqSec.
Sec.
- *SB367_R1* – 7 – (a) The person who is the subject of the records petitions the juvenile court to permit the inspection of the records by the persons named in the petition;
(a) The person who is the subject of the records petitions the juvenile court to permit the inspection of the records by the persons named in the petition;
(c) A prosecuting attorney or a defendant in a criminal action petitions the juvenile court to permit the inspection of the records to obtain information relating to the persons, including the defendant, who were involved in the acts detailed in the records;
- 82nd Session (2023) – 7 – petitions the juvenile court to permit the inspection of the records to obtain information relating to the persons, including the defendant, who were involved in the acts detailed in the records;
(1) Perform bona fide outcome and recidivism studies, which may include, without limitation, using personal identifying information from sealed juvenile records to perform criminal background checks on persons who were adjudicated pursuant to this title;
(1) Perform bona fide outcome and recidivism studies, which may include, without limitation, using personal identifying information from sealed juvenile records to perform criminal this title;checks on persons who were adjudicated pursuant to (2) Further bona fide research to determine the effectiveness of juvenile justice services;
(2) Further bona fide research to determine the effectiveness of juvenile justice services;
A federal, state or local governmental entity, or an agency of such an entity, may inspect or release records or information used to perform a background check to determine whether a person who is less than 21 years of age is eligible to purchase and possess firearms under state and federal law.
A federal, state or local governmental entity, or an agency used to perform a background check to determine whether armation person who is less than 21 years of age is eligible to purchase and possess firearms under state and federal law.
- *SB367_R1* – 8 – Sec.
Sec.
(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;
- 82nd Session (2023) – 8 – reported in the record is included in each appropriate database of the National Instant Criminal Background Check System;
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.
and (c) The information reported in the record must be removed from the National Instant Criminal Background Check System and the3.
3.
The court shall grant the petition and issue the order described in subsection 2 if the court finds that the petitioner has established that:
The court shall grant the petition and issue the order established that:ection 2 if the court finds that the petitioner has (a) The basis for the adjudication or finding made pursuant to NRS 159.0593, 174.035, 175.533, 175.539, 178.425, 432B.6076, 433A.310 or 433A.343 concerning the petitioner no longer exists;
(a) The basis for the adjudication or finding made pursuant to NRS 159.0593, 174.035, 175.533, 175.539, 178.425, 432B.6076, 433A.310 or 433A.343 concerning the petitioner no longer exists;
(b) The petitioner’s record and reputation indicate that the petitioner is not likely to act in a manner dangerous to public safety;
- *SB367_R1* – 9 – (b) The petitioner’s record and reputation indicate that the petitioner is not likely to act in a manner dangerous to public safety;
7.
- 82nd Session (2023) – 9 – petitioner must establish the provisions of subsection 6 by a preponderance of the evidence.
Except as otherwise provided in this subsection, the petitioner must establish the provisions of subsection 6 by a preponderance of the evidence.
(a) Within 5 business days after receiving a record of an order transmitted pursuant to subsection 8, the Central Repository shall take reasonable steps to ensure that information concerning the adjudication or finding made pursuant to NRS 159.0593, 174.035, 175.533, 175.539, 178.425, 432B.6076, 433A.310 or 433A.343 is removed from the National Instant Criminal Background Check System and the National Crime Information Center, if applicable.
(a) Within 5 business days after receiving a record of an order transmitted pursuant to subsection 8, the Central Repository shall take reasonable steps to ensure that information concerning the adjudication or finding made pursuant to NRS 159.0593, 174.035, 175.533, 175.539, 178.425, 432B.6076, 433A.310 or 433A.343 is removed from the National Instant Criminal Background Check Sys(b) When a person who is the subject of a record transmitted.
(b) When a person who is the subject of a record transmitted pursuant to NRS 432B.6076 reaches 21 years of age or at a time reasonably near the date on which the person reaches 21 years of age, take reasonable steps to ensure that information concerning the finding made pursuant to NRS 432B.6076 is removed from the National Instant Criminal Background Check System.
pursuant to NRS 432B.6076 reaches 21 years of age or at a time reasonably near the date on which the person reaches 21 years of age, take reasonable steps to ensure that information concerning the finding made pursuant to NRS 432B.6076 is removed from the National Instant Criminal Background Check System.
Sec.
follows:7.7.
7.7.
NRS 179A.165 is hereby amended to read as 179A.165 1.
NRS 179A.165 is hereby amended to read as follows:
179A.165 1.
A person may not use the record for any purpose other than for a purpose related to criminal justice, including, without limitation, inclusion in the appropriate database of the - *SB367_R1* – 10 – National Instant Criminal Background Check System and the National Crime Information Center, if applicable.
A person may not use the record for any purpose other than for a purpose related to criminal justice, including, without limitation, inclusion in the appropriate database of the National Instant Criminal Background Check System and the National Crime Information Center, if applicable.
The Central Repository may disclose the record to any agency of criminal justice.
The Central - 82nd Session (2023) – 10 – Repository may disclose the record to any agency of criminal justice.
If a person or governmental entity is required to transmit, report or take any other action concerning a record pursuant to NRS 159.0593, 174.035, 175.533, 175.539, 178.425, 179A.163, 432B.6076, 433A.310 or 433A.343, no action for damages may be brought against the person or governmental entity for:
If a person or governmental entity is required to transmit, report or take any other action concerning a record pursuant to NRS 432B.6076, 433A.310 or 433A.343, no action for damages may beA.163, brought against the person or governmental entity for:
(a) That there is not clear and convincing evidence that the child with respect to whom the hearing was held exhibits observable behavior such that the child is likely to harm himself or herself or others if allowed liberty, the court shall enter its finding to that effect and the child must not be admitted to a facility.
(a) That there is not clear and convincing evidence that the child behavior such that the child is likely to harm himself or herself or others if allowed liberty, the court shall enter its finding to that effect and the child must not be admitted to a facility.
Before issuing an order for admission or a renewal thereof, the court shall explore other alternative courses of treatment within the least restrictive appropriate environment as suggested by the evaluation team who evaluated the child, or other persons - *SB367_R1* – 11 – professionally qualified in the field of psychiatric mental health, which the court believes may be in the best interests of the child.
Before issuing an order for admission or a renewal thereof, the court shall explore other alternative courses of treatment within the least restrictive appropriate environment as suggested by the evaluation team who evaluated the child, or other persons - 82nd Session (2023) – 11 – professionally qualified in the field of psychiatric mental health, which the court believes may be in the best interests of the child.
Except as otherwise provided in subsection 4, if the court issues an order for the admission of a child who is 16 years of age or older to a public or private mental health facility pursuant to this section, the court must, notwithstanding any other provision of law requiring the court to seal a court record relating to a proceeding conducted pursuant to NRS 432B.607 to 432B.6085, inclusive, cause, within 5 business days after the order becomes final pursuant to this section, on a form prescribed by the Department of Public Safety, a record of the order to be Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.
Except as otherwise provided in subsection 4, if the court issues an order for the admission of a child who is 16 years of age this section, the court must, notwithstanding any other provisiono of law requiring the court to seal a court record relating to a proceeding conducted pursuant to NRS 432B.607 to 432B.6085, inclusive, cause, within 5 business days after the order becomes final pursuant to this section, on a form prescribed by the Department of Public Safety, a record of the order to be transmitted to the Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.
H - *SB367_R1*
~~~~~ 23 - 82nd Session (2023)
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Amendments

1 amendment

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Action History

  1. Chapter 408.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. In Senate. To enrollment.

  5. Read third time. Passed. Title approved. (Yeas: 38, Nays: 4.) To Senate.

  6. Taken from General File. Placed on General File for next legislative day.

  7. Taken from General File. Placed on General File for next legislative day.

  8. Taken from General File. Placed on General File for next legislative day.

  9. From committee: Do pass. Placed on Second Reading File. Read second time.

  10. In Assembly. Read first time. Referred to Committee on Judiciary. To committee.

  11. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 19, Nays: 2.) To Assembly.

  12. Taken from General File. Placed on General File for next legislative day.

  13. Taken from General File. Placed on General File for next legislative day.

  14. Taken from General File. Placed on General File for next legislative day.

  15. From committee: Do pass as amended.

  16. From printer. To engrossment. Engrossed. First reprint. Notice of eligibility for exemption. Taken from General File. Re-referred to Committee on Finance. To committee. Exemption effective.

  17. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 415.) To printer.

  18. From printer. To committee.

  19. Read first time. Referred to Committee on Judiciary. To printer.

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 63 not signed on

Sponsors (1)

Co-sponsors (3)

Not signed on (63)

63 members have not signed on to this bill.

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"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety
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Frequently asked questions

Who sponsors SB 367?
SB 367 is sponsored by Cannizzaro, Nicole J. (Democratic), Doñate, Fabian (Democratic), Dondero Loop, Marilyn (Democratic), and Pazina, Julie (Democratic).
What is the current status of SB 367?
This bill has been enacted into law. Introduced March 23, 2023. Enacted.
Where can I track SB 367?
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