SUMMARY--Revises provisions governing registration of convicted persons. (BDR 15-878)
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 convicted persons; requiring a convicted person to register in Nevada for an offense committed elsewhere that would be a felony if committed in Nevada; revising the provisions concerning registration for subsequent offenses; making various other changes to the provisions governing the registration of convicted persons; 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 207.080 is hereby amended to read as follows:
207.080 1. For the purpose of NRS 207.080 to 207.150, inclusive, a "convicted person" is:
(a) [Any] A person convicted in the State of Nevada , or elsewhere, of an offense that is punishable as a felony [or convicted in any place other than the State of Nevada of a felony or any other offense which is punishable by imprisonment for 1 year or more.
(b) Any] in the State of Nevada, regardless of whether the offense is punishable as a felony in the place where the offense was committed.
(b) A person convicted in the State of Nevada, or elsewhere, of the violation of [any] a law, regardless of whether [or not] the violation is punishable as a felony:
(1) Relating to or regulating the possession, distribution, furnishing or use of [any] a habit-forming drug of the kind or character described and referred to in the Uniform Controlled Substances Act ; [.]
(2) Regulating or prohibiting the carrying, possession or ownership of [any] a concealed weapon, [or] deadly weapon [, or any] or weapon capable of being concealed, or regulating or prohibiting the possession, sale or use of [any] a device, instrument or attachment designed or intended to be used to silence the report or conceal the discharge or flash of any firearm [.] ; or
(3) Regulating or prohibiting the use, possession, manufacture or compounding of tear gas, or any other gas, [which] that may be used to disable temporarily or permanently [any] a human being.
(c) [Any person convicted of a crime in the State of Nevada pursuant to the provisions of NRS 122.220, 201.120 to 201.170, inclusive, 201.249, 201.251, 201.270, 201.360 to 201.400, inclusive, 201.420, 202.040, 202.055, 202.200 to 202.230, inclusive, 202.2493, 212.170, 212.180, 433.564, 451.010 to 451.040, inclusive, 452.300, 465.070 to 465.085, inclusive, 646.010 to 646.060, inclusive, or 647.110 to 647.145, inclusive, or chapter 462 of NRS, or convicted in any place other than the State of Nevada of an offense which, if committed in this state, would have been punishable under one or more of those sections.
(d) Any] A person convicted in the State of Nevada , or elsewhere , of [any] an attempt or a conspiracy to commit [any] an offense described or referred to in NRS 207.080 to 207.150, inclusive.
2. [Any] A person, except as set forth in NRS 207.090 to 207.150, inclusive, whose conviction is or has been set aside in the manner provided by law shall not be deemed a convicted person.
Sec. 2. NRS 207.090 is hereby amended to read as follows:
207.090 1. It is unlawful for [any] a convicted person to be or remain in the State of Nevada for a period of more than 48 hours without, during such 48-hour period, registering with the sheriff of [any] a county or the chief of police of [any] a city in the manner prescribed in this section.
2. [Any] A convicted person who does not reside in the State of Nevada but who has a temporary or permanent place of abode outside the State of Nevada, and who comes into the state on five occasions or more during any 30-day period, is subject to the provisions of NRS 207.080 to 207.150, inclusive.
3. [Any] A person who has [once] registered as a convicted person [,] with the sheriff of [any] a county or the chief of police of [any city, is not required to register again, except as provided in NRS 207.100; but any person convicted of any of the crimes enumerated in paragraph (c) of subsection 1 of NRS 207.080] a city shall register again as provided in this section [, regardless of whether he has previously so registered as a convicted person by reason of his conviction of some crime other than those enumerated in paragraph (c) of subsection 1 of NRS 207.080.
4. Every] if he subsequently commits another offense described or referred to in NRS 207.080 to 207.150, inclusive.
4. A person required by this section to register shall do so by filing with the sheriff or chief of police a statement in writing, [signed by such person,] upon a form prescribed and furnished by the sheriff or chief of police, [giving] which is signed by the person and which provides the following information:
(a) His true name and [all aliases which] each alias that he has used or under which he may have been known ; [.]
(b) A full and complete description of his person ; [.]
(c) The kind, character and nature of each crime of which he has been convicted ; [.]
(d) The place [where each of such crimes was committed and the place or places of conviction.] in which he was convicted of each crime;
(e) The name under which he was convicted in each instance and the date thereof ; [.]
(f) The name, if any, and the location of each prison, reformatory, jail or other penal institution in which he was confined or to which he was sentenced ; [.]
(g) The location and address of his residence, stopping place, living quarters or place of abode, and if more than one residence, stopping place or place of abode, that fact must be stated and the location and address of each given [.
(h) A statement of the] ;
(h) The kind of residence, stopping place, or place of abode in which he resides, [whether it is temporary or permanent; that is,] including whether it is a private residence, hotel, apartment house or other building or structure ; [.]
(i) The length of time he has occupied each [such] place of residence, stopping place or place of abode , [;] and the length of time he expects or intends to remain in the State of Nevada [.
(j) Such other and] ; and
(j) Any further information [as] that may be required by the sheriff or chief of police for the purpose of aiding and assisting in carrying into effect the provisions and intent of NRS 207.080 to 207.150, inclusive.
5. When so ordered in the individual case by the district court in which the conviction was obtained, by the state board of parole commissioners or by the state board of pardons commissioners, whichever is appropriate, the provisions of this section do not apply to a convicted person who has had his civil rights restored.
Sec. 3. NRS 207.100 is hereby amended to read as follows:
207.100 [Any] A convicted person, except a nonresident, who is required to register under the provisions of NRS 207.080 to 207.150, inclusive, who changes his place of residence, stopping place or place of abode, shall, within 48 hours after [such] the change, and [any] a nonresident mentioned in subsection 2 of NRS 207.090 who has registered and changes his place of residence, stopping place or place of abode, shall, upon his next entry into the state after [such] the change, notify the sheriff or chief of police of [such fact] the change and furnish to [such] the sheriff or chief of police the address of his new residence, stopping place or place of abode [in the same manner and with the same detailed information as is required in the filing of the original statement under the provisions of NRS 207.090.] by filing with the sheriff or chief of police a written statement, upon a form prescribed and furnished by the sheriff or chief of police, which is signed by the person and which provides the following information:
1. His true name and each alias that he has used or under which he may have been known;
2. The kind, character and nature of each crime of which he has been convicted;
3. The place in which he was convicted of each crime;
4. The name under which he was convicted in each instance and the date thereof; and
5. The location and address of his residence, stopping place, living quarters or place of abode, and, if there is more than one, the location and address of each residence, stopping place, living quarters or place of abode.