SUMMARY--Requires certain information concerning use of alcohol or controlled substances to be included in records of criminal history. (BDR 14-276)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to the criminal justice system; requiring a peace officer to prepare a written report following an arrest which includes an assessment of whether the person arrested was under the influence of alcohol or a controlled substance; requiring agencies of criminal justice to submit the assessment included in the report to the central repository for Nevada records of criminal history; providing that the assessment included in the report is confidential; 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 Chapter 171 of NRS is hereby amended by adding thereto a new section to read as follows:
1. When a peace officer arrests a person, he shall prepare and submit a written report of the arrest to his supervisor or other person designated by his employer to receive such a report. The report must include, without limitation:
(a) An assessment of whether the person arrested was under the influence of alcohol or a controlled substance at the time of his arrest or at the time he committed the crime for which he was arrested;
(b) The manner in which the peace officer made the assessment, which may include, without limitation, whether he made the assessment by observation, from information provided to him by the person arrested or a witness, or from the results of a test of the breath, blood or urine of the person arrested; and
(c) A description of any medical condition that is discovered pursuant to NRS 171.147.
2. The assessment included in the report created pursuant to subsection 1 must be reported to the central repository for Nevada records of criminal history in the manner recommended by the advisory committee established pursuant to NRS 179A.078 and approved by the director of the department of motor vehicles and public safety.
Sec. 2 Chapter 179A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, an assessment included in a report pursuant to section 1 of this act is confidential and:
(a) Must be securely maintained by the agency of criminal justice for which the report was created and by the department.
(b) Must not be disclosed, except:
(1) To the person who is the subject of the record.
(2) As necessary to carry out the provisions of section 1 of this act.
(3) As necessary in the administration of criminal justice to identify a criminal offender who may need treatment for the abuse of alcohol or a controlled substance.
(4) To a public or private agency for the diagnosis or treatment of a criminal offender for the abuse of alcohol or a controlled substance. An agency that receives information pursuant to this subparagraph shall maintain the information in accordance with the rules adopted by the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation pursuant to NRS 458.055.
(5) To a person, organization or agency for the purpose of research, evaluation, the compilation of statistical data or the analysis of such data if the resulting information or data does not disclose the name or other identifying information of the person who is the subject of the report.
(6) As required pursuant to a properly issued subpoena or court order.
2. An assessment included in a report pursuant to section 1 of this act:
(a) That is otherwise not admissible as evidence in a criminal proceeding is not made admissible by reason of this section or section 1 of this act.
(b) Is not admissible as evidence against the offender in any criminal proceeding unless the information is otherwise admissible and is verifiable by a statutorily authorized scientific test including, without limitation, a breathalyzer, urinalysis or blood test.
Sec. 3 NRS 179A.070 is hereby amended to read as follows:
179A.070 1. "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 arrests, detention, indictments, informations or other formal criminal charges and dispositions of charges, including dismissals, acquittals, convictions, sentences, correctional supervision occurring in the State of Nevada, and information concerning the status of an offender on parole or probation [.] including, without limitation, information in a report created pursuant to section 1 of this act. The term includes only information contained in memoranda of formal transactions between a person and an agency of criminal justice in this state. The term is intended to be equivalent to the phrase "criminal history record information" as used in federal regulations.
2. "Record of criminal history" does not include:
(a) Investigative or intelligence information, reports of crime or other information concerning specific persons collected in the course of the enforcement of criminal laws.
(b) Information concerning juveniles.
(c) Posters, announcements or lists intended to identify fugitives or wanted persons and aid in their apprehension.
(d) Original records of entry maintained by agencies of criminal justice if the records are chronological and not cross-indexed in any other way.
(e) Records of application for and issuance, suspension, revocation or renewal of occupational licenses, including permits to work in the gaming industry.
(f) Court indices and records of public judicial proceedings, court decisions and opinions, and information disclosed during public judicial proceedings.
(g) Records of traffic violations constituting misdemeanors.
(h) Records of traffic offenses maintained by the department to regulate the issuance, suspension, revocation or renewal of drivers' or other operators' licenses.
(i) Announcements of actions by the state board of pardons commissioners and the state board of parole commissioners, except information concerning the status of an offender on parole or probation.
(j) Records which originated in an agency other than an agency of criminal justice in this state.
Sec. 4 NRS 179A.100 is hereby amended to read as follows:
179A.100 1. [The] Except as otherwise provided in section 2 of this act, the following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:
(a) Any which reflect records of conviction only; and
(b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including , without limitation, parole or probation.
2. [Without] Except as otherwise provided in section 2 of this act, without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:
(a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.
(b) Furnished by one agency to another to administer the system of criminal justice, including , without limitation, the furnishing of information by a police department to a district attorney.
(c) Reported to the central repository.
3. [An] Except as otherwise provided in section 2 of this act, an agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which:
(a) Reflect convictions only; or
(b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.
4. [The] Except as otherwise provided in section 2 of this act, the central repository shall disseminate to a prospective or current employer, upon request, information relating to sexual offenses concerning an employee, prospective employee, volunteer or prospective volunteer who gives his written consent to the release of that information.
5. [Records] Except as otherwise provided in section 2 of this act, records of criminal history must be disseminated by an agency of criminal justice upon request, to the following persons or governmental entities:
(a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.
(b) The person who is the subject of the record of criminal history or his attorney of record when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.
(c) The state gaming control board.
(d) The state board of nursing.
(e) The private investigator's licensing board to investigate an applicant for a license.
(f) A public administrator to carry out his duties as prescribed in chapter 253 of NRS.
(g) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.
(h) [Any] An agency of criminal justice of the United States or of another state or the District of Columbia.
(i) [Any] A public utility subject to the jurisdiction of the public service commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee, or to protect the public health, safety or welfare.
(j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.
(k) [Any] A person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.
(l) [Any] A reporter for the electronic or printed media in his professional capacity for communication to the public.
(m) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.
(n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.
(o) The division of child and family services of the department of human resources and any county agency that is operated pursuant to NRS 432B.325 or authorized by a court of competent jurisdiction to receive and investigate reports of abuse or neglect of children and which provides or arranges for protective services for such children.
6. Agencies of criminal justice in this state which receive information from sources outside the state concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.
Sec. 5 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.