(On Behalf of the Department of Motor Vehicles
and Public Safety)
January 27, 1997
____________
Referred to Committee on Judiciary
SUMMARY--Requires disclosure of certain information to law enforcement agency. (BDR 14-768)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to presentence investigations; requiring the court to disclose the factual content of the report of the presentence investigation and the recommendations of the division of parole and probation of the department of motor vehicles and public safety to a law enforcement agency upon receipt of request by such agency; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 176.156 is hereby amended to read as follows:
176.156 1. The court shall disclose to the district attorney, the counsel for the defendant , [and] the defendant and, upon request, to a law enforcement agency the factual content of the report of the presentence investigation and the recommendations of the division and afford an opportunity to each party to object to factual errors and comment on the recommendations.
2. If the Immigration and Naturalization Service of the United States Department of Justice requests the disclosure of a report of a presentence investigation, the court shall disclose the factual content of the report to the Immigration and Naturalization Service for the limited purpose of performing its duties, including, but not limited to, conducting hearings that are public in nature for the deportation of aliens.
3. Except for the disclosures required by subsections 1 and 2, the report and its sources of information are confidential and must not be made a part of any public record.
Sec. 2 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 3 This act becomes effective upon passage and approval.