Senate Bill No. 285

Senate Bill No. 285-Committee on Judiciary

CHAPTER

445

AN ACT relating to juveniles; revising the provisions relating to fingerprinting and photographing of certain juveniles; providing that certain records of certain juveniles must not be sealed in certain circumstances; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. As used in sections 2 and 3 of this act and NRS 62.350, unless the context otherwise requires, "sexual offense" means:
1. Sexual assault pursuant to NRS 200.366;
2. Statutory sexual seduction pursuant to NRS 200.368;
3. Battery with intent to commit sexual assault pursuant to NRS 200.400;
4. An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
5. Incest pursuant to NRS 201.180;
6. Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;
7. Open or gross lewdness pursuant to NRS 201.210;
8. Indecent or obscene exposure pursuant to NRS 201.220;
9. Lewdness with a child pursuant to NRS 201.230;
10. Sexual penetration of a dead human body pursuant to NRS 201.450;
11. Annoyance or molestation of a minor pursuant to NRS 207.260;
12. An attempt to commit an offense listed in subsections 1 to 11, inclusive; or
13. An offense that is determined to be sexually motivated pursuant to NRS 175.547.
Sec. 3. 1. Except as otherwise provided in subsection 2, if a child is adjudicated delinquent for an act that, if committed by an adult, would be a category A or category B felony and the act was a sexual offense or involved the use or threatened use of force or violence against the victim, the records relating to the child must not be sealed pursuant to the provisions of NRS 62.370.
2. If a child who is subject to the provisions of subsection 1 is not adjudicated delinquent for any other subsequent act that, if committed by an adult, would be a felony and is not otherwise convicted of a felony as an adult before reaching 24 years of age, all records relating to the child must be automatically sealed when the child reaches 24 years of age as provided in subsection 4 of NRS 62.370.
Sec. 4. NRS 62.350 is hereby amended to read as follows:
62.350 1. The fingerprints of a child [who is arrested] must be taken if the child is in custody for an act that , [would be a felony] if committed by an adult [may be taken and retained by law enforcement officers as provided in subsection 3.
2. If] :
(a) Would be a felony, a gross misdemeanor or a sexual offense; or
(b) Would be a misdemeanor, and the act involved:
(1) The use or threatened use of force or violence against the victim; or
(2) The possession, use or threatened use of a firearm or a deadly weapon.
2. The fingerprints of a child who is in custody but who is not subject to the provisions of subsection 1 may be taken if a law enforcement officer finds latent fingerprints [are found] during the investigation of an offense and [a law enforcement] the officer has reason to believe that [they] the latent fingerprints are those of [a child in custody, he may fingerprint] the child. The officer shall use the fingerprints taken from the child for the purpose of making an immediate comparison with the latent fingerprints. If the comparison is:
(a) Negative, the fingerprint card and other copies of the fingerprints taken may be immediately destroyed or may be retained for future use.
(b) Positive, the fingerprint card and other copies of the fingerprints:
(1) Must be delivered to the court for disposition if the child is referred to court.
(2) May be immediately destroyed or may be retained for future use if the child is not referred to court.
[Fingerprints must]
3. Fingerprints that are taken from a child pursuant to the provisions of this section:
(a) May be retained in a local file or a local system for the automatic retrieval of fingerprints if they are retained under special security measures that limit inspection of the fingerprints to law enforcement officers who are conducting criminal investigations. If the child from whom the fingerprints are taken subsequently is not adjudicated delinquent, the parent or guardian of the child or, when the child becomes at least 18 years of age, the child, may petition the court for the removal of the fingerprints from any such local file or local system.
(b) Must be submitted to the central repository for Nevada records of criminal history if the child is adjudicated delinquent for an act that, if committed by an adult, would be a felony or sexual offense, and may be submitted to the central repository for any other act. The central repository shall retain the fingerprints of the child under special security measures that limit inspection of the fingerprints to law enforcement officers who are conducting criminal investigations and to officers and employees of the central repository who are assisting law enforcement officers with criminal investigations or who are conducting research or performing a statistical analysis.
(c) Must not be submitted to the Federal Bureau of Investigation [or Criminal Identification and Investigation Bureau of California] unless the child is [found to have committed an act of delinquency that would be a felony if committed by an adult.
3. If the fingerprints of a child are taken pursuant to subsection 1 or 2, they may be retained in a local file, including any local system for the automatic retrieval of fingerprints, or sent to a central state depository but they must be kept separate from those of adults, under special security measures limited to inspection for the purpose of comparison by law enforcement officers or by staff of the depository only in the investigation of a crime.] adjudicated delinquent for an act that, if committed by an adult, would be a felony or a sexual offense.
4. A child who is in custody must be photographed for the purpose of identification. [The photograph] Except as otherwise provided in this subsection, the photographs of the child must be kept in the file pertaining to the child [,] under special security measures [limited to inspection by] that limit inspection of the photographs to law enforcement officers [only in the investigation of a crime.] who are conducting criminal investigations. If a court subsequently determines that the child is not delinquent, the court shall order the photographs to be destroyed.
5. Any person who willfully violates any provision of this section is guilty of a misdemeanor.
Sec. 5. NRS 62.370 is hereby amended to read as follows:
62.370 1. [In any case in which] Except as otherwise provided in section 3 of this act, if a child is taken into custody by a peace officer, is taken before a probation officer, or appears before a judge or master of a juvenile court, district court, justice's court or municipal court, the child or a probation officer on his behalf may petition for the sealing of all records relating to the child, including records of arrest, but not including records relating to misdemeanor traffic violations, in the custody of the juvenile court, district court, justice's court or municipal court, probation officer, law enforcement agency, or any other agency or public official, if:
(a) Three years or more have elapsed after termination of the jurisdiction of the juvenile court; or
(b) Three years or more have elapsed since the child was last referred to the juvenile court and the child has never been declared a ward of the court.
2. The court shall notify the district attorney of the county and the probation officer, if he is not the petitioner. The district attorney, probation officer, any of their deputies or any other persons having relevant evidence may testify at the hearing on the petition.
3. If, after the hearing, the court finds that, since such termination of jurisdiction, the child has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order all records, papers and exhibits in the juvenile's case in the custody of the juvenile court, district court, justice's court, municipal court, probation officer, law enforcement agency or any other agency or public official sealed. Other records relating to the case, in the custody of such other agencies and officials as are named in the order, must also be ordered sealed. [All juvenile records]
4. Except as otherwise provided in section 3 of this act, all records relating to a child must be automatically sealed when the [person] child reaches 24 years of age.
[4.] 5. The court shall send a copy of the order sealing the records of a child to each agency and official named therein. Each agency and official shall, within 5 days after receipt of the order:
(a) Seal records in its custody, as directed by the order.
(b) Advise the court of its compliance.
(c) Seal the copy of the court's order that it or he received.
[As used in this section, "seal" means placing the records in a separate file or other repository not accessible to the general public.
5.] 6. If the court orders the records sealed, all proceedings recounted in the records are deemed never to have occurred , and the [minor] person who is the subject of the records may properly reply accordingly to any inquiry concerning the proceedings and the events which brought about the proceedings.
[6.] 7. The person who is the subject of records sealed pursuant to this section may petition the court to permit inspection of the records by a person named in the petition and the court may order the inspection.
[7.] 8. The court may, upon the application of a district attorney or an attorney representing a defendant in a criminal action, order an inspection of the records for the purpose of obtaining information relating to persons who were involved in the incident recorded.
[8.] 9. The court may, upon its own motion and for the purpose of sentencing a convicted adult who is under 21 years of age, inspect any records of that person which are sealed pursuant to this section.
[9.] 10. An agency charged with the medical or psychiatric care of a person may petition the court to unseal his juvenile records.
[10.] 11. The provisions of this section do not apply to any information maintained in the standardized system established pursuant to NRS 62.420.
12. As used in this section, "seal" means placing the records in a separate file or other repository not accessible to the general public.
Sec. 6. NRS 62.380 is hereby amended to read as follows:
62.380 Any decree or order entered by a judge or master of a juvenile court, district court, justice's court or municipal court concerning a child within the purview of this chapter [shall] must contain, for the benefit of the child, an explanation of the contents of section 3 of this act and NRS 62.370.
Sec. 7. 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.
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