SUMMARY--Revises certain provisions governing convicted persons. (BDR 14-833)
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 convicted persons; establishing a statewide registry of sex offenders and offenders convicted of certain crimes against children; providing for the registration of offenders convicted of certain crimes against children; revising the provisions governing the registration of sex offenders; revising the provisions governing community notification; prohibiting the sealing of criminal records in certain circumstances; providing penalties; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Title 14 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 15, inclusive, of this act.
Sec. 2 As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 12, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3 "Central repository" means the central repository for Nevada records of criminal history.
Sec. 4 "Crime against a child" has the meaning ascribed to it in section 29 of this act.
Sec. 5 "Department" means the department of motor vehicles and public safety.
Sec. 6 "Director" means the director of the department.
Sec. 7 "Division" means the division of parole and probation of the department.
Sec. 8 "Law enforcement officer" includes, but is not limited to:
1. A prosecuting attorney or an attorney from the office of the attorney general;
2. A sheriff of a county or his deputy;
3. An officer of a metropolitan police department;
4. An officer of the division;
5. An officer of the department of prisons;
6. An officer of a law enforcement agency from another jurisdiction; or
7. Any other person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, if the person is seeking information as part of a criminal investigation.
Sec. 9 "Record of registration" means a record of registration that contains the information required by section 26 of this act.
Sec. 10 "Sex offender" means a person who has been or is convicted of a sexual offense.
Sec. 11 "Sexual offense" has the meaning ascribed to it in section 43 of this act.
Sec. 12 "Statewide registry" means the statewide registry of sex offenders and offenders convicted of a crime against a child established within the central repository pursuant to section 14 of this act.
Sec. 13 Upon receiving from the division, pursuant to sections 17 to 55, inclusive, of this act:
1. A record of registration;
2. Fingerprints or a photograph of an offender;
3. A new address of an offender; or
4. Any other updated information,
the central repository shall immediately provide a copy of the record of registration, fingerprints, photograph, new address or updated information to the Federal Bureau of Investigation.
Sec. 14 1. The director shall establish within the central repository a statewide registry of sex offenders and offenders convicted of a crime against a child that consists of the record of registration for each such offender and all other information concerning each such offender that is obtained pursuant to law.
2. The statewide registry must be organized so that a law enforcement officer may search the records of registration in the registry by entering certain search information, including, but not limited to:
(a) A name, alias, physical description or address of an offender.
(b) A geographic location where an offense was committed.
(c) The age, gender, race or general physical description of a victim.
(d) The method of operation used by an offender, including, but not limited to:
(1) The specific sexual acts committed against a victim;
(2) The method of obtaining access to a victim, such as the use of enticements, threats, forced entry or violence against a victim;
(3) The type of injuries inflicted on a victim;
(4) The types of instruments, weapons or objects used;
(5) The type of property taken; and
(6) Any other distinctive characteristic of the behavior or personality of an offender.
3. Except as otherwise provided in this subsection or by specific statute, information in the statewide registry may be accessed only by a law enforcement officer in the regular course of his duties and officers and employees of the central repository. The director may permit the following persons to have access to information in the statewide registry:
(a) Except as otherwise provided in chapter 179A of NRS or by specific statute, an officer or employee of a governmental agency that is investigating the background of a person for the purposes of employment.
(b) Any other person for the limited purposes of research or statistical analysis.
4. Information contained in the statewide registry, including, but not limited to, the record of registration of an offender, shall be deemed a record of criminal history only for the purposes of those provisions of chapter 179A of NRS that are consistent with the provisions of this chapter.
Sec. 15 1. Information in the statewide registry that is accessed or disclosed pursuant to the provisions of this chapter must not reveal the name of an individual victim of an offense.
2. The central repository and its officers and employees are immune from criminal or civil liability for an act or omission relating to information obtained or maintained pursuant to the provisions of this chapter, including, but not limited to, an act or omission relating to:
(a) The accuracy of information in the statewide registry; or
(b) The disclosure or the failure to disclose information in the statewide registry.
3. A law enforcement agency and its officers and employees are immune from criminal or civil liability for an act or omission relating to information obtained pursuant to the provisions of this chapter, including, but not limited to, an act or omission relating to:
(a) The accuracy of information obtained from the statewide registry; or
(b) The disclosure or the failure to disclose information obtained from the statewide registry.
Sec. 16 Title 14 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 17 to 71, inclusive, of this act.
Sec. 17 As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 18 to 25, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 18 "Central repository" means the central repository for Nevada records of criminal history.
Sec. 19 "Community notification" means notification of a community pursuant to the guidelines and procedures established by the attorney general pursuant to sections 56 to 70, inclusive, of this act.
Sec. 20 "Division" means the division of parole and probation of the department of motor vehicles and public safety.
Sec. 21 "Local law enforcement agency" means the sheriff's office of a county or the metropolitan police department of a city.
Sec. 22 1. "Offense that poses a threat to the safety or well-being of others" includes, but is not limited to, an offense that involves:
(a) A victim less than 18 years of age;
(b) A crime against a child as defined in section 29 of this act;
(c) A sexual offense as defined in section 43 of this act;
(d) A deadly weapon, explosives or a firearm;
(e) The use or threatened use of force or violence;
(f) Physical or mental abuse;
(g) Death or bodily injury;
(h) An act of domestic violence;
(i) Harassment, stalking, threats of any kind or other similar acts;
(j) The forcible or unlawful entry of a home, building, structure, vehicle or other real or personal property; or
(k) The infliction or threatened infliction of damage or injury, in whole or in part, to real or personal property.
2. The term includes any offense listed in subsection 1 that is committed in this state or another jurisdiction, including, but not limited to, an offense prosecuted by the United States or a branch of the Armed Forces of the United States.
Sec. 23 "Record of registration" means a record of registration that contains the information required by section 26 of this act.
Sec. 24 "Release" means release from incarceration or confinement. The term includes, but is not limited to:
1. Release on probation, parole or any other type of supervised release.
2. Release after a term of incarceration expires.
Sec. 25 "Resides" means the place where an offender resides or, if the offender is incarcerated or confined, the place where the offender will reside upon release.
Sec. 26 Except as otherwise provided in section 53 of this act, a record of registration must include, if the information is available:
1. Information identifying the offender, including, but not limited to:
(a) The name of the offender and all aliases that he has used or under which he has been known;
(b) A complete physical description of the offender, a current photograph of the offender and the fingerprints of the offender;
(c) The date of birth and the social security number of the offender;
(d) The identification number from a driver's license or an identification card issued to the offender by the State of Nevada; and
(e) Any other information that identifies the offender.
2. Information concerning the residence of the offender, including, but not limited to:
(a) The address at which the offender resides;
(b) The length of time he has resided at that address and the length of time he expects to reside at that address;
(c) The address or location of any other place where he expects to reside in the future and the length of time he expects to reside there; and
(d) The length of time he expects to remain in the county where he resides and in this state.
3. Information concerning employment or expected employment of the offender, including, but not limited to, the name, address and type of business of all current and expected future employers of the offender.
4. The license number and a description of all motor vehicles registered to or frequently driven by the offender.
5. The level of community notification assigned to the offender.
6. The following information for each offense for which the offender has been convicted:
(a) The court in which he was convicted;
(b) The name under which he was convicted;
(c) The name and location of each hospital or penal institution to which he was committed;
(d) The specific location where the offense was committed;
(e) The age, the gender, the race and a general physical description of the victim; and
(f) The method of operation that was used to commit the offense, including, but not limited to:
(1) Specific sexual acts committed against the victim;
(2) The method of obtaining access to the victim, such as the use of enticements, threats, forced entry or violence against the victim;
(3) The type of injuries inflicted on the victim;
(4) The types of instruments, weapons or objects used;
(5) The type of property taken; and
(6) Any other distinctive characteristic of the behavior or personality of the offender.
Sec. 27 1. Except as otherwise provided by specific statute, a record of registration may be inspected only by a law enforcement officer in the regular course of his duties or by the offender named in the record of registration.
2. As used in this section, "law enforcement officer" includes, but is not limited to:
(a) A prosecuting attorney or an attorney from the office of the attorney general;
(b) A sheriff of a county or his deputy;
(c) An officer of a metropolitan police department;
(d) An officer of the division;
(e) An officer of the department of prisons;
(f) An officer of a law enforcement agency from another jurisdiction; or
(g) Any other person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, if the person is seeking information as part of a criminal investigation.
Sec. 28 As used in sections 28 to 36, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 29 and 30 of this act have the meanings ascribed to them in those sections.
Sec. 29 "Crime against a child" means any of the following offenses if the victim of the offense was less than 18 years of age when the offense was committed:
1. Kidnaping pursuant to NRS 200.310 to 200.340, inclusive.
2. Detention, concealment or removal of a child from a person having lawful custody pursuant to NRS 200.359.
3. False imprisonment pursuant to NRS 200.460.
4. An offense involving pandering or prostitution pursuant to NRS 201.300 to 201.340, inclusive.
5. An attempt to commit an offense listed in this section.
6. An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section. This subsection includes, but is not limited to, an offense prosecuted by the United States or a branch of the Armed Forces of the United States.
Sec. 30 "Registration" means registration as an offender convicted of a crime against a child pursuant to sections 28 to 36, inclusive, of this act.
Sec. 31 1. If the division receives notice from a court pursuant to section 73 of this act that an offender has been convicted of a crime against a child, the division shall:
(a) If a record of registration has not previously been established for the offender by the division, establish a record of registration for the offender and provide a copy of the record of registration to the central repository; or
(b) If a record of registration has previously been established for the offender by the division, update the record of registration for the offender and provide a copy of the record of registration to the central repository.
2. If the offender named in the notice will be granted probation or otherwise will not be incarcerated, the division shall immediately provide a copy of the record of registration for the offender to the local law enforcement agency in whose jurisdiction the offender resides or, if the offender resides in a jurisdiction which is outside of this state and which requires registration, to the appropriate law enforcement agency in that jurisdiction.
3. If the offender named in the notice is incarcerated, the division shall, before the offender is released:
(a) Update the record of registration for the offender and provide a copy of the record of registration to the central repository and the local law enforcement agency in whose jurisdiction the offender will reside upon release or, if the offender will reside upon release in a jurisdiction which is outside of this state and which requires registration, to the appropriate law enforcement agency in that jurisdiction;
(b) Inform the offender of the requirements for registration, including, but not limited to:
(1) The duty to register in this state and, if he moves from this state to another jurisdiction, the duty to register with the Federal Bureau of Investigation and with the appropriate law enforcement agency in the other jurisdiction if the other jurisdiction requires registration; and
(2) The duty to notify the division, in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction; and
(c) Require the offender to read and sign a form confirming that the requirements for registration have been explained to him.
4. If requested by the division, the department of prisons or a local law enforcement agency in whose facility the offender is incarcerated shall provide the offender with the information and the confirmation form required by paragraphs (b) and (c) of subsection 3.
5. The failure to provide an offender with the information or confirmation form required by paragraphs (b) and (c) of subsection 3 does not affect the duty of the offender to register and to comply with all other provisions for registration.
6. If the division receives notice from another jurisdiction or the Federal Bureau of Investigation that an offender convicted of a crime against a child is now residing within this state, the division shall establish a record of registration for the offender and immediately provide a copy of the record of registration to the central repository and the local law enforcement agency in whose jurisdiction the offender resides.
Sec. 32 1. In addition to any other registration that is required pursuant to section 31 of this act, each offender who, after July 1, 1956, is or has been convicted of a crime against a child shall register with a local law enforcement agency pursuant to the provisions of this section.
2. Except as otherwise provided in subsection 3, if the offender resides or is present within a county for more than 48 hours, the offender shall register with the sheriff's office of the county not later than 48 hours after arriving or establishing a residence within the county.
3. If the offender resides or is present within a city for 48 hours or more and the city has a metropolitan police department, the offender shall register with the metropolitan police department not later than 48 hours after arriving or establishing a residence within the city.
4. To register with a local law enforcement agency pursuant to this section, the offender shall:
(a) Appear personally at the office of the appropriate local law enforcement agency;
(b) Provide all information that is requested by the local law enforcement agency, including, but not limited to, fingerprints and a photograph; and
(c) Sign and date the record of registration or some other proof of registration in the presence of an officer of the local law enforcement agency.
5. When an offender registers, the local law enforcement agency shall inform the offender of the duty to notify the division of a change of address and shall provide the offender with the address of the division.
6. After the offender registers, the local law enforcement agency shall notify the division of the registration. If the division has not previously established a record of registration for the offender, the division shall establish a record of registration for the offender and shall immediately provide a copy of the record of registration to the central repository and the local law enforcement agency in whose jurisdiction the offender resides.
Sec. 33 1. If an offender convicted of a crime against a child changes the address at which he resides, including moving from this state to another jurisdiction, not later than 48 hours after changing his address, the offender shall provide his new address, in writing, to the division and shall provide all other information that is relevant to updating his record of registration, including, but not limited to, any change in his name, employment or driver's license and any change in the license number or description of a motor vehicle registered to or frequently driven by him.
2. Upon receiving a change of address from an offender, the division shall immediately provide the new address and any updated information to the central repository and:
(a) If the offender is still residing within this state, shall immediately provide a copy of the record of registration for the offender to the local law enforcement agency in whose jurisdiction the offender is now residing and shall notify the local law enforcement agency in whose jurisdiction the offender last resided; or
(b) If the offender moved from this state to another jurisdiction that requires registration, shall immediately provide a copy of the record of registration to the appropriate law enforcement agency in the other jurisdiction and shall notify the local law enforcement agency in whose jurisdiction the offender last resided.
Sec. 34 1. Except as otherwise provided in subsection 4, each year, on the anniversary of the date that the division establishes a record of registration for the offender, the division shall mail to the offender, at the address last registered by the offender, a nonforwardable verification form. The offender shall complete and sign the form and mail the form to the division not later than 10 days after receipt of the form to verify that he still resides at the address he last registered.
2. An offender shall include with each verification form a current set of fingerprints, a current photograph and all other information that is relevant to updating his record of registration, including, but not limited to, any change in his name, employment or driver's license and any change in the license number or description of a motor vehicle registered to or frequently driven by him. The division shall provide the fingerprints, photograph and all updated information to the central repository.
3. If the division does not receive a verification form from an offender and otherwise cannot verify the address or location of the offender, the division shall immediately notify the Federal Bureau of Investigation.
4. The division is not required to complete the mailing pursuant to subsection 1 if the offender is incarcerated or confined or has moved from this state to another jurisdiction.
Sec. 35 1. An offender convicted of a crime against a child shall comply with the provisions for registration for as long as the offender resides or is present within this state, unless the duty of the offender to register is terminated pursuant to the provisions of this section.
2. Except as otherwise provided in subsection 5, if an offender complies with the provisions for registration for an interval of at least 15 consecutive years during which he is not convicted of an offense that poses a threat to the safety or well-being of others, the offender may file with the district court in whose jurisdiction he resides a petition to terminate his duty to register. For the purposes of this subsection, registration begins on the date that the division establishes a record of registration for the offender or the date that the offender is released, whichever occurs later.
3. If the offender satisfies the requirements of subsection 2, the court shall hold a hearing on the petition at which the offender and any other interested person may present witnesses and other evidence. If the court determines from the evidence presented at the hearing that the offender is not likely to pose a threat to the safety of others, the court shall terminate the duty of the offender to register.
4. If the court does not terminate the duty of the offender to register after a petition is heard pursuant to subsections 2 and 3, the offender may file another petition after each succeeding interval of 5 consecutive years if the offender is not convicted of an offense that poses a threat to the safety or well-being of others.
5. An offender may not file a petition to terminate his duty to register pursuant to this section if the offender:
(a) Has been convicted of more than one crime against a child; or
(b) Is subject to the provisions for registration as a sex offender pursuant to sections 37 to 55, inclusive, of this act.
Sec. 36 An offender convicted of a crime against a child who:
1. Fails to register;
2. Fails to notify the division of a change of address;
3. Provides false or misleading information to the division or a local law enforcement agency; or
4. Otherwise violates the provisions of sections 28 to 36, inclusive, of this act,
is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Sec. 37 As used in sections 37 to 55, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 38 to 45, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 38 "Mental disorder" means a congenital or acquired condition affecting the emotional or volitional capacity of a person which predisposes that person to the commission of violent sexual acts. The term includes, but is not limited to, a mental disorder that is listed in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
Sec. 39 "Personality disorder" includes, but is not limited to, a personality disorder that is listed in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
Sec. 40 "Qualified professional" means a person who possesses the professional qualifications, as established by the mental hygiene and mental retardation division of the department of human resources pursuant to section 54 of this act, to evaluate a person alleged to be a sexually violent predator.
Sec. 41 "Registration" means registration as a sex offender pursuant to sections 37 to 55, inclusive, of this act.
Sec. 42 "Sex offender" means a person who, after July 1, 1956, is or has been convicted of a sexual offense listed in section 43 of this act. The term includes, but is not limited to, a sexually violent predator.
Sec. 43 "Sexual offense" means:
1. Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030;
2. Sexual assault pursuant to NRS 200.366;
3. Statutory sexual seduction pursuant to NRS 200.368;
4. Battery with intent to commit sexual assault pursuant to NRS 200.400;
5. Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation;
6. An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
7. Incest pursuant to NRS 201.180;
8. Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;
9. Open or gross lewdness pursuant to NRS 201.210;
10. Indecent or obscene exposure pursuant to NRS 201.220;
11. Lewdness with a child pursuant to NRS 201.230;
12. Sexual penetration of a dead human body pursuant to NRS 201.450;
13. Annoyance or molestation of a minor pursuant to NRS 207.260;
14. An attempt to commit an offense listed in subsections 1 to 13, inclusive;
15. An offense that is determined to be sexually motivated pursuant to NRS 175.547 or section 79 of this act; or
16. An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section. This subsection includes, but is not limited to, an offense prosecuted by the United States or a branch of the Armed Forces of the United States.
Sec. 44 "Sexually violent offense" means:
1. Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030;
2. Sexual assault pursuant to NRS 200.366;
3. Battery with intent to commit sexual assault pursuant to NRS 200.400;
4. An attempt to commit an offense listed in subsection 1, 2 or 3;
5. An offense that is determined to be sexually motivated pursuant to NRS 175.547; or
6. An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section. This subsection includes, but is not limited to, an offense prosecuted by the United States or a branch of the Armed Forces of the United States.
Sec. 45 "Sexually violent predator" means a person who:
1. Has been convicted of a sexually violent offense;
2. Suffers from a mental disorder or personality disorder; and
3. Has been declared to be a sexually violent predator pursuant to section 51 of this act.
Sec. 46 1. If the division receives notice from a court pursuant to NRS 176.111 that a sex offender has been convicted of a sexual offense, the division shall:
(a) If a record of registration has not previously been established for the sex offender by the division, establish a record of registration for the sex offender and provide a copy of the record of registration to the central repository; or
(b) If a record of registration has previously been established for the sex offender by the division, update the record of registration for the sex offender and provide a copy of the record of registration to the central repository.
2. If the sex offender named in the notice will be granted probation or otherwise will not be incarcerated, the division shall immediately:
(a) Provide a copy of the record of registration for the sex offender to the local law enforcement agency in whose jurisdiction the sex offender resides or, if the sex offender will reside in a jurisdiction which is outside of this state and which requires registration, to the appropriate law enforcement agency in that jurisdiction; and
(b) If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to sections 56 to 70, inclusive, of this act.
3. If the sex offender named in the notice is incarcerated, the division shall, before the offender is released:
(a) Update the record of registration for the sex offender and provide a copy of the record of registration to the central repository and the local law enforcement agency in whose jurisdiction the sex offender will reside upon release or, if the sex offender will reside upon release in a jurisdiction which is outside of this state and which requires registration, to the appropriate law enforcement agency in that jurisdiction; and
(b) Inform the sex offender of the requirements for registration, including, but not limited to:
(1) The duty to register in this state and, if he moves from this state to another jurisdiction, the duty to register with the Federal Bureau of Investigation and with the appropriate law enforcement agency in the other jurisdiction if the other jurisdiction requires registration; and
(2) The duty to notify the division, in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction;
(c) Require the sex offender to read and sign a form confirming that the requirements for registration have been explained to him; and
(d) If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to sections 56 to 70, inclusive, of this act.
4. If requested by the division, the department of prisons or a local law enforcement agency in whose facility the sex offender is incarcerated shall provide the sex offender with the information and the confirmation form required by paragraphs (b) and (c) of subsection 3.
5. The failure to provide a sex offender with the information or confirmation form required by paragraphs (b) and (c) of subsection 3 does not affect the duty of the sex offender to register and to comply with all other provisions for registration.
6. If the division receives notice from another jurisdiction or the Federal Bureau of Investigation that a sex offender is now residing within this state, the division shall immediately:
(a) Establish a record of registration for the sex offender and provide a copy of the record of registration to the central repository and the local law enforcement agency in whose jurisdiction the sex offender resides; and
(b) If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to sections 56 to 70, inclusive, of this act.
Sec. 47 1. In addition to any other registration that is required pursuant to section 46 of this act, each sex offender who, after July 1, 1956, is or has been convicted of a sexual offense shall register with a local law enforcement agency pursuant to the provisions of this section.
2. Except as otherwise provided in subsection 3, if the sex offender resides or is present within a county for more than 48 hours, the sex offender shall register with the sheriff's office of the county not later than 48 hours after arriving or establishing a residence within the county.
3. If the sex offender resides or is present within a city for 48 hours or more and the city has a metropolitan police department, the sex offender shall register with the metropolitan police department not later than 48 hours after arriving or establishing a residence within the city.
4. To register with a local law enforcement agency pursuant to this section, the sex offender shall:
(a) Appear personally at the office of the appropriate local law enforcement agency;
(b) Provide all information that is requested by the local law enforcement agency, including, but not limited to, fingerprints and a photograph; and
(c) Sign and date the record of registration or some other proof of registration in the presence of an officer of the local law enforcement agency.
5. When a sex offender registers, the local law enforcement agency shall inform the sex offender of the duty to notify the division of a change of address and shall provide the sex offender with the address of the division.
6. After the sex offender registers, the local law enforcement agency shall notify the division of the registration. If the division has not previously established a record of registration for the sex offender or arranged for the assessment of the risk of recidivism of the sex offender, the division shall immediately:
(a) Establish a record of registration for the sex offender and provide a copy of the record of registration to the central repository and the local law enforcement agency in whose jurisdiction the sex offender resides; and
(b) If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to sections 56 to 70, inclusive, of this act.
Sec. 48 1. If a sex offender changes the address at which he resides, including moving from this state to another jurisdiction, not later than 48 hours after changing his address, the sex offender shall provide his new address, in writing, to the division and shall provide all other information that is relevant to updating his record of registration, including, but not limited to, any change in his name, employment or driver's license and any change in the license number or description of a motor vehicle registered to or frequently driven by him.
2. Upon receiving a change of address from a sex offender, the division shall immediately provide the new address and any updated information to the central repository and:
(a) If the sex offender is still residing within this state, shall immediately provide a copy of the record of registration for the sex offender to the local law enforcement agency in whose jurisdiction the sex offender is now residing and shall notify the local law enforcement agency in whose jurisdiction the sex offender last resided; or
(b) If the sex offender moved from this state to another jurisdiction that requires registration, shall immediately provide a copy of the record of registration to the appropriate law enforcement agency in the other jurisdiction and shall notify the local law enforcement agency in whose jurisdiction the sex offender last resided.
Sec. 49 1. Except as otherwise provided in subsections 2 and 5, each year, on the anniversary of the date that the division establishes a record of registration for the sex offender, the division shall mail to the sex offender, at the address last registered by the sex offender, a nonforwardable verification form. The sex offender shall complete and sign the form and mail the form to the division not later than 10 days after receipt of the form to verify that he still resides at the address he last registered.
2. Except as otherwise provided in subsection 5, if a sex offender has been declared to be a sexually violent predator, every 90 days, beginning on the date that the sex offender is released, the division shall mail to the sex offender, at the address last registered by the sex offender, a nonforwardable verification form. The sex offender shall complete and sign the form and mail the form to the division not later than 10 days after receipt of the form to verify that he still resides at the address he last registered.
3. A sex offender shall include with each verification form a current set of fingerprints, a current photograph and all other information that is relevant to updating his record of registration, including, but not limited to, any change in his name, employment or driver's license and any change in the license number or description of a motor vehicle registered to or frequently driven by him. The division shall provide the fingerprints, photograph and all updated information to the central repository.
4. If the division does not receive a verification form from a sex offender and otherwise cannot verify the address or location of the sex offender, the division shall immediately notify the Federal Bureau of Investigation.
5. The division is not required to complete the mailing pursuant to subsection 1 or 2 if the sex offender is incarcerated or confined or has moved from this state to another jurisdiction.
Sec. 50 1. A sex offender shall comply with the provisions for registration for as long as the sex offender resides or is present within this state, unless the duty of the sex offender to register is terminated pursuant to the provisions of this section.
2. Except as otherwise provided in subsection 5, if a sex offender complies with the provisions for registration for an interval of at least 15 consecutive years during which he is not convicted of an offense that poses a threat to the safety or well-being of others, the sex offender may file with the district court in whose jurisdiction he resides a petition to terminate his duty to register. For the purposes of this subsection, registration begins on the date that the division establishes a record of registration for the sex offender or the date that the sex offender is released, whichever occurs later.
3. If the sex offender satisfies the requirements of subsection 2, the court shall hold a hearing on the petition at which the sex offender and any other interested person may present witnesses and other evidence. If the court determines from the evidence presented at the hearing that the sex offender is not likely to pose a threat to the safety of others, the court shall terminate the duty of the sex offender to register.
4. If the court does not terminate the duty of the sex offender to register after a petition is heard pursuant to subsections 2 and 3, the sex offender may file another petition after each succeeding interval of 5 consecutive years if the sex offender is not convicted of an offense that poses a threat to the safety or well-being of others.
5. A sex offender may not file a petition to terminate his duty to register pursuant to this section if the sex offender:
(a) Is subject to community notification or to lifetime supervision pursuant to NRS 176.113;
(b) Has been convicted of a sexually violent offense; or
(c) Has been declared to be a sexually violent predator.
Sec. 51 1. If a sex offender is convicted of a sexually violent offense, or if a sex offender is convicted of a sexual offense and the offender previously has been convicted of a sexually violent offense, the prosecuting attorney may petition the court in which the sex offender was sentenced for a declaration that the sex offender is a sexually violent predator for the purposes of this chapter. The petition must be filed before the sex offender is released.
2. If the prosecuting attorney files a petition pursuant to subsection 1, the court shall schedule a hearing on the petition and shall order the sex offender to submit to an evaluation by a panel consisting of two qualified professionals, two persons who are advocates of victims' rights and two persons who represent law enforcement agencies. As part of the evaluation by the panel, the two qualified professionals shall conduct a psychological examination of the sex offender. The panel shall prepare a report of its conclusions, including, but not limited to, the conclusions of the two qualified professionals regarding whether the sex offender suffers from a mental disorder or personality disorder, and shall provide a copy of the report to the court.
3. If, after reviewing the report and considering the evidence presented at the hearing, the court determines that the sex offender suffers from a mental disorder or personality disorder, the court shall enter an order declaring the sex offender to be a sexually violent predator for the purposes of this chapter.
4. If the court determines that the sex offender does not suffer from a mental disorder or personality disorder, the sex offender remains subject to the provisions for registration and community notification as a sex offender, unless he is relieved from the operation of those provisions pursuant to the provisions of this chapter.
5. A panel conducting an evaluation of a sex offender pursuant to subsection 2 must be given access to all records of the sex offender that are necessary to conduct the evaluation, and the sex offender shall be deemed to have waived all rights of confidentiality and all privileges relating to those records for the limited purpose of the evaluation.
Sec. 52 1. A sex offender who has been declared to be a sexually violent predator may petition the court in which he was sentenced for a determination that he no longer is a sexually violent predator if for an interval of at least 15 consecutive years from the date he is released the sex offender is not convicted of an offense that poses a threat to the safety or well-being of others.
2. If the requirements of subsection 1 are satisfied, the court shall order an evaluation and conduct a hearing pursuant to the provisions of subsections 2 and 3 of section 51 of this act and shall determine whether the sex offender continues to suffer from a mental disorder or personality disorder.
3. If the court determines that the sex offender does not continue to suffer from a mental disorder or personality disorder, the court shall enter an order declaring that the sex offender is no longer a sexually violent predator. After such a declaration, the sex offender remains subject to the provisions for registration and community notification as a sex offender, unless he is relieved from the operation of those provisions pursuant to the provisions of this chapter.
4. If the sex offender is not granted relief after a petition is heard pursuant to subsections 1 and 2, the sex offender may file another petition after each succeeding interval of 5 consecutive years if the sex offender is not convicted of an offense that poses a threat to the safety or well-being of others.
Sec. 53 In addition to the information that must be included in a record of registration pursuant to section 26 of this act, the record of registration for a sex offender declared to be a sexually violent predator must include a notation regarding whether the sex offender has previously received treatment for his mental disorder or personality disorder.
Sec. 54 The mental hygiene and mental retardation division of the department of human resources shall adopt regulations setting forth the professional qualifications that are required for a person to be a qualified professional for the purpose of evaluating a sex offender alleged to be a sexually violent predator.
Sec. 55 A sex offender who:
1. Fails to register;
2. Fails to notify the division of a change of address;
3. Provides false or misleading information to the division or a local law enforcement agency; or
4. Otherwise violates the provisions of sections 37 to 55, inclusive, of this act,
is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Sec. 56 As used in sections 56 to 70, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 57 to 62, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 57 "Sex offender" means a person who, after July 1, 1956, is or has been convicted of a sexual offense listed in section 58 of this act. The term includes, but is not limited to, a sexually violent predator.
Sec. 58 "Sexual offense" means:
1. Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030;
2. Sexual assault pursuant to NRS 200.366;
3. Statutory sexual seduction pursuant to NRS 200.368, if punished as a felony;
4. Battery with intent to commit sexual assault pursuant to NRS 200.400;
5. Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and is punished as a felony;
6. An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
7. Incest pursuant to NRS 201.180;
8. Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195, if punished as a felony;
9. Open or gross lewdness pursuant to NRS 201.210, if punished as a felony;
10. Indecent or obscene exposure pursuant to NRS 201.220, if punished as a felony;
11. Lewdness with a child pursuant to NRS 201.230;
12. Sexual penetration of a dead human body pursuant to NRS 201.450;
13. Annoyance or molestation of a minor pursuant to NRS 207.260, if punished as a felony;
14. An attempt to commit an offense listed in subsections 1 to 13, inclusive, if punished as a felony;
15. An offense that is determined to be sexually motivated pursuant to NRS 175.547 or section 79 of this act; or
16. An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section. This subsection includes, but is not limited to, an offense prosecuted by the United States or a branch of the Armed Forces of the United States.
Sec. 59 "Sexually violent predator" has the meaning ascribed to it in section 45 of this act.
Sec. 60 "Tier 1 level of notification" means community notification pursuant to paragraph (a) of subsection 1 of section 66 of this act.
Sec. 61 "Tier 2 level of notification" means community notification pursuant to paragraph (b) of subsection 1 of section 66 of this act.
Sec. 62 "Tier 3 level of notification" means community notification pursuant to paragraph (c) of subsection 1 of section 66 of this act.
Sec. 63 1. There is hereby created an advisory council for community notification. The council consists of:
(a) Three members, of whom no more than two may be of the same political party, appointed by the governor; and
(b) Four members, of whom no more than two may be of the same political party, appointed by the legislative commission.
2. Each member serves a term of 4 years. Members may be reappointed for additional terms of 4 years in the same manner as the original appointments.
3. A vacancy occurring in the membership of the council must be filled in the same manner as the original appointments.
4. The council shall consult with and provide recommendations to the attorney general concerning guidelines and procedures for community notification.
Sec. 64 1. The attorney general shall consult with the advisory council for community notification and shall establish guidelines and procedures for community notification pursuant to sections 56 to 70, inclusive, of this act.
2. The guidelines and procedures established by the attorney general must be designed to promote, to the extent practicable, the uniform application of the provisions of sections 56 to 70, inclusive, of this act.
3. The provisions of sections 56 to 70, inclusive, of this act must not be construed to prevent law enforcement officers from providing the public with notification concerning persons who pose a threat to the safety of the public.
Sec. 65 1. The attorney general shall establish guidelines and procedures for assessing the risk of recidivism of each sex offender who resides within this state. The guidelines and procedures must identify and incorporate factors relevant to the risk of recidivism of the sex offender, including, but not limited to:
(a) Conditions of release that minimize the risk of recidivism, including probation or parole, counseling, therapy or treatment;
(b) Physical conditions that minimize the risk of recidivism, including advanced age or debilitating illness; and
(c) Any criminal history of the sex offender indicative of a high risk of recidivism, including, but not limited to:
(1) Whether the conduct of the sex offender was found to be characterized by repetitive and compulsive behavior;
(2) Whether the sex offender committed the sexual crime against a child;
(3) Whether the sexual offense involved the use of a weapon, violence or infliction of serious bodily injury;
(4) The number, date and nature of prior offenses;
(5) Whether psychological or psychiatric profiles indicate a risk of recidivism;
(6) The response of the offender to treatment;
(7) Any recent threats against a person or expressions of intent to commit additional crimes; and
(8) Behavior while confined.
2. The assessment of the risk of recidivism of a sex offender may be based upon information concerning the sex offender obtained from agencies of this state and agencies from other jurisdictions.
3. Each person who is conducting the assessment must be given access to all records of the sex offender that are necessary to conduct the assessment, and the sex offender shall be deemed to have waived all rights of confidentiality and all privileges relating to those records for the limited purpose of the assessment.
Sec. 66 1. Except as otherwise provided in this section, the guidelines and procedures for community notification established by the attorney general must provide for the following levels of notification, depending upon the risk of recidivism of the sex offender:
(a) If the risk of recidivism is low, the sex offender must be assigned a Tier 1 level of notification, and the law enforcement agency in whose jurisdiction the sex offender resides shall notify other law enforcement agencies likely to encounter the sex offender.
(b) If the risk of recidivism is moderate, the sex offender must be assigned a Tier 2 level of notification, and the law enforcement agency in whose jurisdiction the sex offender resides shall provide notification pursuant to paragraph (a) and shall notify schools and religious and youth organizations that are likely to encounter the sex offender.
(c) If the risk of recidivism is high, the sex offender must be assigned a Tier 3 level of notification, and the law enforcement agency in whose jurisdiction the sex offender resides shall provide notification pursuant to paragraphs (a) and (b) and shall notify the public through means designed to reach members of the public likely to encounter the sex offender.
2. If the sex offender has committed a sexual offense against a person less than 18 years of age, the sex offender must be assigned a Tier 2 or Tier 3 level of notification.
3. If the sex offender has been declared to be a sexually violent predator, the sex offender must be assigned a Tier 3 level of notification.
Sec. 67 A sex offender who is assigned a Tier 2 or Tier 3 level of notification must be provided with notice indicating:
1. The level of notification he has been assigned; and
2. The procedures the sex offender must follow to request reconsideration of the level of notification, unless the level of notification is not subject to reconsideration pursuant to a specific statute.
Sec. 68 1. The level of notification assigned to a sex offender may be changed if the sex offender:
(a) Is convicted of an offense that poses a threat to the safety or well-being of others;
(b) Annoys, harasses, threatens or intimidates a victim of one of his sexual offenses; or
(c) Commits an overt act which is sexually motivated or involves the use or threatened use of force or violence and which causes harm or creates a reasonable apprehension of harm.
2. As used in this section:
(a) "Sexual offense" includes, but is not limited to, a sexual offense punishable as a misdemeanor or gross misdemeanor.
(b) "Sexually motivated" means that one of the purposes for which the person committed the act was his sexual gratification.
Sec. 69 1. Except as otherwise provided in subsection 6, if a sex offender is subject to community notification for an interval of at least 10 consecutive years during which he is not convicted of an offense that poses a threat to the safety or well-being of others, the sex offender may petition the attorney general for a reassessment of his risk of recidivism.
2. If the sex offender satisfies the requirements of subsection 1, the attorney general shall arrange for a reassessment. The reassessment must be conducted in the same manner as an assessment of the risk of recidivism.
3. If the sex offender is assigned a Tier 1 level of notification before the reassessment is conducted, the sex offender may be:
(a) Reassigned the Tier 1 level of notification that he is currently assigned; or
(b) Relieved from being subject to community notification.
4. If the sex offender is assigned a Tier 2 or Tier 3 level of notification before the reassessment is conducted, the sex offender may be:
(a) Reassigned the level of notification that he is currently assigned; or
(b) Reassigned a level of notification that is one tier below the level of notification that he is currently assigned.
5. After receiving a reassessment pursuant to subsections 1 and 2, the sex offender may file another petition for a reassessment after each succeeding interval of 5 consecutive years if the offender is not convicted of an offense that poses a threat to the safety or well-being of others.
6. If a sex offender has been declared to be a sexually violent predator, the sex offender may not receive a reassessment pursuant to the provisions of this section until the court in which he was sentenced determines that he is no longer a sexually violent predator pursuant to section 52 of this act.
Sec. 70 The law enforcement agency in whose jurisdiction a sex offender resides shall disclose information regarding the sex offender to the appropriate persons pursuant to the guidelines and procedures established by the attorney general pursuant to sections 56 to 70, inclusive, of this act.
Sec. 71 1. Information that is disclosed pursuant to the provisions of this chapter must not reveal the name of an individual victim of an offense.
2. A law enforcement agency and its officers and employees are immune from criminal or civil liability for an act or omission relating to information obtained or maintained pursuant to the provisions of this chapter, including, but not limited to, an act or omission relating to:
(a) The accuracy of information in a record of registration; or
(b) The disclosure or the failure to disclose information pursuant to the provisions of this chapter.
Sec. 72 NRS 175.547 is hereby amended to read as follows:
175.547 1. In any case in which a defendant pleads or is found guilty of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home, the court shall, at the request of the prosecuting attorney , [and for the purposes of carrying out the provisions of NRS 176.113 and 213.1243 to 213.1257, inclusive,] conduct a separate hearing to determine whether the offense was sexually motivated. A request for such a hearing may not be submitted to the court unless the prosecuting attorney, before the commencement of the trial, files and serves upon the defendant a written notice of his intention to request such a hearing.
2. A hearing requested pursuant to subsection 1 must be conducted before:
(a) The court imposes its sentence; or
(b) A separate penalty hearing is conducted.
3. At the hearing, only evidence concerning the question of whether the offense was sexually motivated may be presented. The prosecuting attorney must prove beyond a reasonable doubt that the offense was sexually motivated.
4. The court shall enter its finding in the record.
5. For the purposes of this section, an offense is "sexually motivated" if one of the purposes for which the person committed the offense was his sexual gratification.
Sec. Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a defendant is convicted of a crime against a child, the court shall, before imposing sentence:
(a) Notify the division of the conviction of the defendant, so the division may carry out the provisions for registration of the defendant pursuant to section 31 of this act.
(b) Inform the defendant of the requirements for registration, including, but not limited to:
(1) The duty to register in this state and, if he moves from this state to another jurisdiction, the duty to register with the Federal Bureau of Investigation and with the appropriate law enforcement agency in the other jurisdiction if the other jurisdiction requires registration; and
(2) The duty to notify the division, in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction.
(c) Require the defendant to read and sign a form confirming that the requirements for registration have been explained to him.
The failure to provide the defendant with the information or confirmation form required by paragraphs (b) and (c) does not affect the duty of the defendant to register and to comply with all other provisions for registration pursuant to sections 28 to 36, inclusive, of this act.
2. If the crime against a child is an offense for which the suspension of sentence or the granting of probation is permitted, the court may not enter an order granting probation or suspending the sentence until the division has established a record of registration for the defendant and has provided the record of registration to the local law enforcement agency in whose jurisdiction the defendant resides or, if the defendant is in custody, will reside upon release.
3. As used in this section:
(a) "Crime against a child" has the meaning ascribed to it in section 29 of this act.
(b) "Record of registration" has the meaning ascribed to it in section 23 of this act.
Sec. 73 NRS 176.111 is hereby amended to read as follows:
176.111 1. [When] If a defendant is convicted of a sexual offense, the court [, by order, shall direct] shall, before imposing sentence:
(a) Notify the division of the conviction of the defendant, so the division may carry out the provisions for registration of the defendant pursuant to section 46 of this act.
(b) Inform the defendant of the requirements for registration, including, but not limited to:
(1) The duty to register in this state and, if he moves from this state to another jurisdiction, the duty to register with the Federal Bureau of Investigation and with the appropriate law enforcement agency in the other jurisdiction if the other jurisdiction requires registration; and
(2) The duty to notify the division, in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction.
(c) Require the defendant to read and sign a form stating that the requirements for registration have been explained to him.
The failure to provide the defendant with the information or confirmation form required by paragraphs (b) and (c) does not affect the duty of the defendant to register and to comply with all other provisions for registration pursuant to sections 37 to 55, inclusive, of this act.
2. If the sexual offense is an offense for which the suspension of sentence or the granting of probation is permitted, the court may not enter an order granting probation or suspending the sentence until the division has established a record of registration for the defendant and has provided the record of registration to the local law enforcement agency in whose jurisdiction the defendant resides or, if the defendant is in custody, will reside upon release.
3. In addition to the requirements in subsection 1, the court shall order the defendant to submit to a blood and saliva test, to be made by qualified persons, under such restrictions and directions as the court deems proper. The tests must include analyses of his blood to determine its genetic markers and of his saliva to determine its secretor status. The court shall order that the results of the tests be submitted to the central repository for Nevada records of criminal history [.
2. For the purposes of this section, "sexual offense" means:
(a) Sexual assault pursuant to NRS 200.366;
(b) Statutory sexual seduction pursuant to NRS 200.368;
(c) Battery with intent to commit a sexual assault pursuant to NRS 200.400;
(d) Use of a minor in producing pornography pursuant to NRS 200.710;
(e) Promotion of a sexual performance of a minor pursuant to NRS 200.720;
(f) Possession of a visual representation depicting the sexual conduct of a person under 16 years of age pursuant to NRS 200.730;
(g) Incest pursuant to NRS 201.180;
(h) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;
(i) Open or gross lewdness pursuant to NRS 201.210;
(j) Indecent or obscene exposure pursuant to NRS 201.220;
(k) Lewdness with a child pursuant to NRS 201.230;
(l) Sexual penetration of a dead human body pursuant to NRS 201.450;
(m) Annoyance or molestation of a minor pursuant to NRS 207.260; or
(n) An attempt to commit any offense listed in this subsection.] for inclusion in the statewide registry established pursuant to section 14 of this act.
4. As used in this section:
(a) "Record of registration" has the meaning ascribed to it in section 23 of this act.
(b) "Sexual offense" has the meaning ascribed to it in section 43 of this act.
Sec. 74 NRS 176.113 is hereby amended to read as follows:
176.113 1. [When] If a defendant [pleads or is found guilty] is convicted of a sexual offense, the [judge] court shall include in sentencing, in addition to any other penalties provided by law, a special sentence of lifetime supervision . [to commence after any period of probation or any term of imprisonment and period of release on parole.]
2. The special sentence of lifetime supervision [must begin upon the release of a sex offender from incarceration.] commences after any period of probation or any term of imprisonment and any period of release on parole.
3. A person sentenced to lifetime supervision may petition the district court in whose jurisdiction he resides for release from lifetime supervision. The court shall grant a petition for release from a special sentence of lifetime supervision if:
(a) The person has not [committed a crime for 15] been convicted of an offense that poses a threat to the safety or well-being of others for an interval of at least 15 consecutive years after his last conviction or release from incarceration, whichever occurs later; and
(b) The person is not likely to pose a threat to the safety of others if released from lifetime supervision.
4. A person who is released from lifetime supervision pursuant to the provisions of subsection 3 remains subject to the provisions for registration as a sex offender and to the provisions for community notification, unless he is otherwise relieved from the operation of those provisions pursuant to the provisions of sections 37 to 70, inclusive, of this act.
5. As used in this section [, "sexual] :
(a) "Offense that poses a threat to the safety or well-being of others" has the meaning ascribed to it in section 22 of this act.
(b) "Sexual offense" means:
[(a)] (1) A violation of NRS 200.366, subsection 3 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;
[(b)] (2) An attempt to commit [any] an offense listed in [paragraph (a); or
(c)] subparagraph (1); or
(3) An act of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.
Sec. 75 NRS 176.225 is hereby amended to read as follows:
176.225 1. [Every defendant] A person who:
(a) Has fulfilled the conditions of his probation for the entire period thereof;
(b) Is recommended for earlier discharge by the division; or
(c) Has demonstrated his fitness for honorable discharge but because of economic hardship, verified by a parole and probation officer, has been unable to make restitution as ordered by the court,
may be granted an honorable discharge from probation by order of the court.
2. Any amount of restitution remaining unpaid constitutes a civil liability arising upon the date of discharge.
3. A person honorably discharged from probation is free from the terms and conditions of his probation and may apply to the court, in person or by attorney, pursuant to NRS 176.227, for the restoration of his civil rights. He must be informed of this privilege in his probation papers.
4. A person honorably discharged from probation who has had his civil rights restored by the court:
(a) Is exempt from the requirements of NRS 207.090, but is not exempt from the requirements of [NRS 207.152.] sections 17 to 71, inclusive, of this act.
(b) May vote, hold office or serve as a juror.
(c) Shall disclose the conviction to a gaming establishment and the state, its agencies, departments, boards, commissions and political subdivisions, if required in an application for employment, license or other permit. As used in this paragraph, "establishment" has the meaning ascribed to it in NRS 463.0148.
(d) Except as otherwise provided in paragraph (c), need not disclose the conviction to an employer or prospective employer.
5. The prior conviction of a person whose civil rights have been restored or who has been honorably discharged from probation may be used for purposes of impeachment. In any subsequent prosecution of the person who has had his civil rights restored or who has been honorably discharged from probation, the prior conviction may be pleaded and proved if otherwise admissible.
Sec. 76 NRS 179.245 is hereby amended to read as follows:
179.245 1. Except as [other times and procedures are] otherwise provided in NRS 453.3365 [,] and subsection 4, a person who has been convicted of:
(a) Any felony may, after 15 years from the date of his conviction or, if he is imprisoned, from the date of his release from actual custody;
(b) Any gross misdemeanor may, after 10 years from the date of his conviction or release from custody;
(c) A violation of NRS 484.379 other than a felony may, after 7 years from the date of his conviction or release from custody; or
(d) Any other misdemeanor may, after 5 years from the date of his conviction or release from custody,
petition the court in which the conviction was obtained for the sealing of all records relating to the conviction. The petition must be accompanied by a current, certified record of the petitioner's criminal history received from the central repository for Nevada records of criminal history.
2. The court shall notify the district attorney of the county in which the conviction was obtained, and the district attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.
3. [If] Except as otherwise provided in subsection 5, if after the hearing the court finds that, in the period prescribed in subsection 1, the petitioner has not been arrested, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of the court, of another court in the State of Nevada or of a public or private agency, company or official in the State of Nevada, and may also order all such criminal identification records of the petitioner returned to the file of the court where the proceeding was commenced from, but not limited to, the Federal Bureau of Investigation, the California identification and investigation bureau, sheriffs' offices and all other law enforcement agencies reasonably known by either the petitioner or the court to have possession of such records.
4. A person may not petition the court to seal records relating to a conviction if:
(a) The conviction is for a crime against a child or a sexual offense; and
(b) The person is subject to registration pursuant to sections 28 to 36, inclusive, or 37 to 55, inclusive, of this act.
5. The court may not order the return of a record of registration or any other record relating to a conviction of a crime against a child or a sexual offense if the record is:
(a) Retained in the statewide registry established pursuant to section 14 of this act; or
(b) Within the possession of the Federal Bureau of Investigation.
6. As used in this section:
(a) "Crime against a child" has the meaning ascribed to it in section 29 of this act.
(b) "Record of registration" has the meaning ascribed to it in section 23 of this act.
(c) "Sexual offense" has the meaning ascribed to it in section 43 of this act.
Sec. 77 NRS 179.301 is hereby amended to read as follows:
179.301 1. The state gaming control board and Nevada gaming commission and their employees, agents and representatives may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255, if the event or conviction was related to gaming, for purposes of determining the suitability or qualifications of any person to hold a state gaming license, manufacturer's, seller's or distributor's license or gaming work permit pursuant to chapter 463 of NRS. Events and convictions, if any, which are the subject of an order sealing records may form the basis for recommendation, denial or revocation of those licenses or work permits.
2. The central repository and its employees may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 that constitute information relating to sexual offenses, and may notify employers of the information in accordance with NRS 179A.190 to 179A.240, inclusive.
3. Records which are sealed pursuant to NRS 179.245 or 179.255 and which are retained in the statewide registry established pursuant to section 14 of this act may be inspected for any purpose authorized pursuant to sections 2 to 15, inclusive, of this act.
Sec. Chapter 207 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 4, if a person is convicted of coercion or attempted coercion in violation of paragraph (a) of subsection 2 of NRS 207.190, the court shall, at the request of the prosecuting attorney, conduct a separate hearing to determine whether the offense was sexually motivated. A request for such a hearing may not be submitted to the court unless the prosecuting attorney, before the commencement of the trial, files and serves upon the defendant a written notice of his intention to request such a hearing.
2. A hearing requested pursuant to subsection 1 must be conducted before:
(a) The court imposes its sentence; or
(b) A separate penalty hearing is conducted.
3. At the hearing, only evidence concerning the question of whether the offense was sexually motivated may be presented. The prosecuting attorney must prove beyond a reasonable doubt that the offense was sexually motivated.
4. A person may stipulate that his offense was sexually motivated before a hearing held pursuant to subsection 1 or as part of an agreement to plead guilty, guilty but mentally ill or nolo contendere.
5. The court shall enter in the record:
(a) Its finding from a hearing held pursuant to subsection 1; or
(b) A stipulation made pursuant to subsection 4.
6. For the purposes of this section, an offense is "sexually motivated" if one of the purposes for which the person committed the offense was his sexual gratification.
Sec. 78 NRS 207.080 is hereby amended to read as follows:
207.080 1. [For the purpose of] Except as otherwise provided in subsection 2, as used in NRS 207.080 to 207.150, inclusive, [a] unless the context otherwise requires, "convicted person" [is:] means:
(a) Any person convicted in the State of Nevada of an offense 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 person convicted in the State of Nevada, or elsewhere, of the violation of any law, whether or not the violation is punishable as a felony:
(1) Relating to or regulating the possession, distribution, furnishing or use of any 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 concealed weapon, or deadly weapon, or any weapon capable of being concealed, or regulating or prohibiting the possession, sale or use of any device, instrument or attachment designed or intended to be used to silence the report or conceal the discharge or flash of any firearm.
(3) Regulating or prohibiting the use, possession, manufacture or compounding of tear gas, or any other gas, which may be used to disable temporarily or permanently any 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 person convicted in the State of Nevada or elsewhere of any attempt or conspiracy to commit any offense described or referred to in NRS 207.080 to 207.150, inclusive.
2. [Any person, except as set forth] For the purposes of NRS 207.080 to 207.150, inclusive, "convicted person" does not include:
(a) A person who has been convicted of a crime against a child, as defined in section 29 of this act, or a sexual offense, as defined in section 43 of this act; or
(b) Except as otherwise provided in NRS 207.090 to 207.150, inclusive, a person whose conviction is or has been set aside in the manner provided by law . [shall not be deemed a convicted person.]
Sec. 79 NRS 213.1099 is hereby amended to read as follows:
213.1099 1. Except as otherwise provided in this section and NRS 213.1215, the board may release on parole a prisoner who is otherwise eligible for parole pursuant to NRS 213.107 to 213.157, inclusive.
2. In determining whether to release a prisoner on parole, the board shall consider:
(a) Whether there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws;
(b) Whether the release is incompatible with the welfare of society;
(c) The seriousness of the offense and the history of criminal conduct of the prisoner;
(d) The standards adopted pursuant to NRS 213.10885 and the recommendation, if any, of the chief; and
(e) Any documents or testimony submitted by a victim notified pursuant to NRS 213.130.
3. When a person is convicted of a felony and is punished by a sentence of imprisonment, he remains subject to the jurisdiction of the board from the time he is released on parole under the provisions of this chapter until the expiration of the maximum term of imprisonment imposed by the court less any credits earned to reduce his sentence pursuant to chapter 209 of NRS.
4. Except as otherwise provided in NRS 213.1215, the board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless it finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order to be detained to answer for a crime or violation of parole or probation in another jurisdiction, and that he does not have a history of:
(a) Recent misconduct in the institution, and that he has been recommended for parole by the director of the department of prisons;
(b) Repetitive criminal conduct;
(c) Criminal conduct related to the use of alcohol or drugs;
(d) Repetitive sexual deviance, violence or aggression; or
(e) Failure in parole, probation, work release or similar programs.
5. In determining whether to release a prisoner on parole pursuant to this section, the board shall not consider whether the prisoner will soon be eligible for release pursuant to NRS 213.1215.
6. The board shall not release on parole [a sex offender] an offender convicted of an offense listed in section 58 of this act until the law enforcement agency in whose jurisdiction [a sex] the offender will be released on parole has been provided an opportunity to give the notice required by the attorney general pursuant to [NRS 213.1253.] sections 56 to 70, inclusive, of this act.
Sec. 80 NRS 391.314 is hereby amended to read as follows:
391.314 1. If a superintendent has reason to believe that cause exists for the dismissal of a licensed employee and he is of the opinion that the immediate suspension of the employee is necessary in the best interests of the pupils in the district, the superintendent may suspend the employee without notice and without a hearing. Notwithstanding the provisions of NRS 391.312, a superintendent may suspend a licensed employee who has been officially charged but not yet convicted of a felony or a crime involving moral turpitude or immorality. If the charge is dismissed or if the employee is found not guilty, he must be reinstated with back pay, plus interest, and normal seniority. The superintendent shall notify the employee in writing of the suspension.
2. Within 5 days after a suspension becomes effective, the superintendent shall begin proceedings pursuant to the provisions of NRS 391.312 to 391.3196, inclusive, to effect the employee's dismissal. The employee is entitled to continue to receive his salary and other benefits after the suspension becomes effective until the date on which the dismissal proceedings are commenced. The superintendent may recommend that an employee who has been charged with a felony or a crime involving immorality be dismissed for another ground set forth in NRS 391.312.
3. If sufficient grounds for dismissal do not exist, the employee must be reinstated with full compensation, plus interest.
4. A licensed employee who furnishes to the school district a bond or other security which is acceptable to the board as a guarantee that he will repay any amounts paid to him pursuant to this subsection as salary during a period of suspension is entitled to continue to receive his salary from the date on which the dismissal proceedings are commenced until the decision of the board or the report of the hearing officer, if the report is final and binding. The board shall not unreasonably refuse to accept security other than a bond. An employee who receives salary pursuant to this subsection shall repay it if he is dismissed or not reemployed as a result of a decision of the board or a report of a hearing officer.
5. A licensed employee who is convicted of a crime which requires registration [as a sex offender] pursuant to [NRS 207.151 or] sections 28 to 36, inclusive, or 37 to 55, inclusive, of this act or is convicted of an act forbidden by NRS 200.508, 201.190 [, 201.265 or 207.260] or 201.265 forfeits all rights of employment from the date of his arrest.
6. A licensed employee who is convicted of any crime and who is sentenced to and serves any sentence of imprisonment forfeits all rights of employment from the date of his arrest or the date on which his employment terminated, whichever is later.
7. A licensed employee who is charged with a felony or a crime involving immorality or moral turpitude and who waives his right to a speedy trial while suspended may receive no more than 12 months of back pay and seniority upon reinstatement if he is found not guilty or the charges are dismissed, unless proceedings have been begun to dismiss the employee upon one of the other grounds set forth in NRS 391.312.
8. A superintendent may discipline a licensed employee by suspending the employee with loss of pay at any time after a hearing has been held which affords the due process provided for in this chapter. The grounds for suspension are the same as the grounds contained in NRS 391.312. An employee may be suspended more than once during the employee's contract year, but the total number of days of suspension may not exceed 20 in 1 contract year. Unless circumstances require otherwise, the suspensions must be progressively longer.
Sec. 81 NRS 207.151, 207.152, 207.153, 207.154, 207.155, 207.156, 207.157, 213.1247, 213.1253 and 213.1257 are hereby repealed.
Sec. 82 1. For each sex offender who was convicted before July 1, 1997, and who is incarcerated on July 1, 1997, the division shall, before the sex offender is released:
(a) Establish a record of registration for the sex offender and provide a copy of the record of registration to the central repository and the local law enforcement agency in whose jurisdiction the sex offender will reside upon release or, if the sex offender will reside upon release in a jurisdiction which is outside of this state and which requires registration, to the appropriate law enforcement agency in that jurisdiction; and
(b) If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to sections 56 to 70, inclusive, of this act.
2. For each sex offender who was convicted before July 1, 1997, and who is on probation, parole or any other type of supervised release on July 1, 1997, the division shall:
(a) Establish a record of registration for the sex offender and provide a copy of the record of registration to the central repository and the local law enforcement agency in whose jurisdiction the sex offender resides; and
(b) If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to sections 56 to 70, inclusive, of this act.
3. Before January 1, 1998, each local law enforcement agency in this state shall provide to the division a copy of all information the law enforcement agency has obtained from each sex offender who has registered before July 1, 1997. As soon as practicable after receiving information concerning a sex offender from a law enforcement agency pursuant to this subsection, the division shall:
(a) Establish a record of registration for the sex offender and provide a copy of the record of registration to the central repository and the local law enforcement agency in whose jurisdiction the sex offender resides; and
(b) If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to sections 56 to 70, inclusive, of this act.
4. As used in this section:
(a) "Central repository" has the meaning ascribed to it in section 18 of this act.
(b) "Community notification" has the meaning ascribed to it in section 19 of this act.
(c) "Division" has the meaning ascribed to it in section 20 of this act.
(d) "Local law enforcement agency" has the meaning ascribed to it in section 21 of this act.
(e) "Record of registration" has the meaning ascribed to it in section 23 of this act.
(f) "Sex offender" has the meaning ascribed to it in section 42 of this act.
Sec. 83 The amendatory provisions of sections 79 and 82 of this act do not apply to offenses that are committed before July 1, 1997.
Sec. 84 The amendatory provisions of sections 37 to 70, inclusive, of this act do not apply to a sex offender whose duty to register was terminated by order of a court pursuant to NRS 207.156 before July 1, 1997, unless the sex offender was or is convicted of a sexual offense, as defined in section 43 of this act, after the date of the order.
Sec. 85 1. The advisory council for community notification, heretofore created pursuant to chapter 256, Statutes of Nevada 1995, at page 415, is hereby continued.
2. The amendatory provisions of sections 63 and 64 of this act do not affect the terms of appointment of members of the advisory council for community notification who are serving on July 1, 1997.
Sec. 86 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. 87 This act becomes effective on July 1, 1997.
LEADLINES OF REPEALED SECTIONS
207.151 "Sex offender" defined.
207.152 Registration with sheriff or police chief; duties upon change of address.
207.153 Registration consists of photograph, fingerprints and statement.
207.154 Duties of heads of institutions and judges before discharge, parole or release of sex offender.
207.155 Restrictions on inspection of statements, photographs or fingerprints; immunity from liability for release of or failure to release registration data.
207.156 Court may relieve sex offender from duty of further registration; application, hearing and order.
207.157 Penalties.
213.1247 Release of sex offender: Advisory council for community notification created; members; vacancies; recommendations concerning notification.
213.1253 Release of sex offender: Attorney general to establish guidelines and procedures for notification of community.
213.1257 Release of sex offender: Law enforcement agency to disclose information regarding sex offender; immunity from civil liability for disclosure.