AB 488 — Revises provisions relating to criminal convictions of certain victims. (BDR 14-873)

(ReprintedAssembly withBill amendmentsNo. adopted on April 21, 2025) FIRST REPRINT A.B.

488488–Committee Aon SSEMBLYJudiciary BCHAPTER.......... ILLN O.

488–COMMITTEE ON JUDICIARY M ARCH 24, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to criminal convictions of certain victims.

(BDR 14-873) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

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

EXPLANATION – Matter in bolded italics is new;

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

If a person who is a victim of human trafficking has been convicted of [any offense listed in subsection 2,] a crime under the laws of this State or a violation of a county, city or town ordinance, the person may petition the court in which he or she was - *AB488_R1* – 2 – convicted or, if the person wishes to file more than one petition and would otherwise need to file a petition in more than one court, the district court, for an order [:

(a) Vacating] vacating the judgment [;] and [(b) Sealing] sealing all documents, papers and exhibits in the person’s record, minute book entries , non-conviction victim-related entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order.order [.] , including, without limitation, a work card issued by a local law enforcement agency, license or similar document.

- 83rd Session (2025) – 2 – 2.

(a) A violation of NRS 201.353 or 201.354, for engaging in prostitution or solicitation for prostitution, provided that the person waswas(b) notA allegedcrime tounder bethe alaws customer of this State, other than a prostitute;crime of violence;

(b) A crime under the laws of this State, other than a crime of violence;

[The court may grant a petition filed pursuant to subsection 1 if:

and (c) The petitioner files a petition pursuant to subsection 1 with due diligence after the petitioner has ceased being a victim of trafficking or involuntary servitude or has sought services for victimsvic5.ms Before the court decides whether to grant] Upon receipt of sucha traffickingpetition orfiled involuntarypursuant servitude.to subsection 1, the court shall [:

5.

Before the court decides whether to grant] Upon receipt of a petition filed pursuant to subsection 1, the court shall [:

- *AB488_R1* – 3 – [and any person to testify and present evidence on behalf of any such entity;

IfUpon the petitionerfiling includes official documentation in support of thea reliefpetition requested pursuant to subsection 1, thethere courtis shalla applyrebuttable the presumption setthat forththe injudgment NRSshould 179.2445,be vacatevacated the judgment and sealthat all documents, papers and exhibits related to the case.- 83rd Session (2025) – 3 – construed to prevent the prosecuting agency from objecting to the vacatur or sealing, and the court may consider any relevant factors before issuing a decision on the vacatur of judgment or sealing of records.

If the petitioner doesincludes not include official documentation pursuant to subsection 1, and the prosecuting agency does not stipulate[stipulate to vacating the judgment [ofof the petitioner]petitioner and sealing [allall documents, papers and exhibits related to]to the [case]case records pursuant to subsection 6 or does notnot] file a written objection within 30 days after receiving notification pursuant to subsection [5] 4 and the court makes the findings set forth in subsection [4,] 8, the court may vacate the judgment and seal all documents, papers and exhibits in accordance with subsection [7] 89 without a hearing.

If the presumptioncourt set[does forthnot inorder subsectionthe 5sealing of the records or 6the doesprosecuting notagency apply,files a written objection,] determines that the courtpetitioner shall,has upondemonstrated receiptwith ofprima afacie petitionevidence filedthat pursuantgrounds toexist subsectionfor 1,granting determinethe whetherrelief requested, unless the petitioncourt setsvacates forththe judgment and seals all documents, papers and exhibits without a primahearing faciepursuant caseto forsubsection granting7, a hearing on the reliefpetition requested.must be conducted.

If the court [does not order the sealing of the records or the prosecuting agency files a written objection,] determines that the petitioner has demonstrated with prima facie evidence that grounds exist for granting the relief requested, a hearing on the petition must be conducted.

(a) At the time the offense for which the relief is requested was committed, the petitioner was a victim of human trafficking;

and was (b) The participation of the petitioner in the offense was the direct or indirect result of the petitioner having been a victim of human trafficking.

- *AB488_R1* – 4 – 9.

If the court [grants a petition filed pursuant to subsection 1,] determines based on its review of the petition or the evidence presented at thea hearing that the petitioner has met the burden prescribed by subsection 8, the court shall:

(a)- 83rd Session (2025) – 4 – and(a) Vacate the judgment and dismiss the accusatory pleading;

and (b) Order sealed all documents, papers and exhibits in the petitioner’s record, minute book entries , non-conviction victim- related entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order.order [.

[8.]8.] 10., including, without limitation, a work card issued by a local law enforcement agency, license or similar document.

If10. a petition filed pursuant to subsection 1 does not satisfy the requirements [of NRS 179.245] prescribed by subsection 3 or the court determines that the petition is otherwise deficient with respect to the sealing of the petitioner’s record, the court may enter an order to vacate the judgment and dismiss the accusatory pleading if the petitioner satisfies all requirements necessary for the judgment to be vacated.

If a petition filed pursuant to subsection 1 does not satisfy the requirements of NRS 179.245 or the court determines that the petition is otherwise deficient with respect to the sealing of the petitioner’s record, the court may enter an order to vacate the judgment and dismiss the accusatory pleading if the petitioner satisfies all requirements necessary for the judgment to be vacated.

If the court enters an order pursuant to subsection [8,] 10, the court shall also order sealed the records of the petitioner which relate to the judgment being vacated in accordance with paragraph (b) of subsection [7,] 9, regardless of whether any records relating to other convictions are ineligible for sealing either by operation of law or because of a deficiency in the petition.

(b) “Official“Local documentation”law includes:enforcement agency” means:

(1)(2) A certifiedmetropolitan recordpolice fromdepartment; a governmental entity documenting the petitioner’s status as a victim of human trafficking at the time the offense for which the relief is requested was committed.

(2) A written affidavit signed by a qualified third party acting in his or her(3) officialA capacitypolice ordepartment aof swornan testimonyincorporated bycity. a qualified third party stating that the petitioner:

(c) “Official documentation” includes: