SUMMARY--Revises provisions governing information concerning certain persons. (BDR 14-893)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Contains Appropriation not included in Executive Budget.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to information concerning persons; establishing a repository for information concerning missing persons; establishing a toll-free telephone service for the dissemination of information concerning missing persons; revising various provisions governing the transmission of information concerning missing persons; making an appropriation to certain counties for equipment to allow coroners to access the central repository of Nevada records of criminal history; requiring peace officers to prepare reports concerning domestic violence for inclusion in the central repository; requiring the central repository to prepare and submit a statistical report concerning domestic violence to the legislature; 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 Chapter 171 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. If a peace officer investigates an act that constitutes domestic violence pursuant to NRS 33.018, he shall prepare and submit a written report of his investigation to his supervisor or to another person designated by his supervisor, regardless of whether the peace officer makes an arrest.
2. If the peace officer investigates a mutual battery that constitutes domestic violence pursuant to NRS 33.018 and finds that one of the persons involved was the primary physical aggressor, he shall include in his report:
(a) The name of the person who was the primary physical aggressor; and
(b) A description of the evidence which supports his finding.
3. If the peace officer does not make an arrest, he shall include in his report the reason he did not do so.
4. A copy of the report must be forwarded immediately to the central repository for Nevada records of criminal history.
Sec. 3. If a peace officer:
1. Detains a person for violating a county, city or town ordinance or state law that:
(a) Is punishable as a misdemeanor; and
(b) Constitutes domestic violence pursuant to NRS 33.018; and
2. Issues the person a citation in lieu of taking him before a magistrate,
the peace officer shall obtain not less than one fingerprint of the person and shall forward any fingerprint taken and the report that he is required to prepare pursuant to section 2 of this act to the central repository for Nevada records of criminal history.
Sec. 4. NRS 171.137 is hereby amended to read as follows:
171.1371. Except as otherwise provided in subsection 2, whether or not a warrant has been issued, a peace officer shall, unless mitigating circumstances exist, arrest a person when he has probable cause to believe that the person to be arrested has, within the preceding 24 hours, committed a battery upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing or with whom he has a child in common, his minor child or a minor child of that person.
2. If the peace officer has probable cause to believe that a battery described in subsection 1 was a mutual battery, he shall attempt to determine which person was the primary physical aggressor. If the peace officer determines that one of the persons allegedly committing a battery was the primary physical aggressor involved in the incident, the peace officer is not required to arrest any other person believed to have committed a battery during the incident. In determining whether a person is a primary physical aggressor for the purposes of this subsection, the peace officer shall consider:
(a) Prior domestic violence involving either person;
(b) The relative severity of the injuries inflicted upon the persons involved;
(c) The potential for future injury;
(d) Whether one of the alleged batteries was committed in self-defense; and
(e) Any other factor which helps the peace officer decide which person is the primary physical aggressor.
3. A peace officer shall not base his decision whether to arrest a person pursuant to this section on his perception of the willingness of a victim or a witness to the incident to testify or otherwise participate in related judicial proceedings.
[4. When a peace officer investigates such a battery, whether or not an arrest is made, he shall prepare and submit a written report of the alleged battery to his supervisor or other person designated by his employer to receive reports regarding similar allegations. He shall include in his report, if applicable:
(a) His reasons for determining that one of the persons involved in a mutual battery was the primary physical aggressor; and
(b) Any mitigating circumstances which prevented him from making an arrest pursuant to subsection 1,
and forward a copy of the report to the department of motor vehicles and public safety.
5. The department shall compile statistics from these reports and make the statistics available as a public record detailing the number of investigations and arrests made pursuant to this section and the nature of any mitigating circumstances which prevented an arrest.]
Sec. 5. Chapter 179A of NRS is hereby amended by adding thereto the provisions set forth as sections 6 and 7 of this act.
Sec. 6. 1. The repository for information concerning missing persons is hereby created within the central repository.
2. The repository for information concerning missing persons must contain a complete and systematic record of all persons who reside in this state who are reported missing.
3. Each record must include, without limitation, a data field for the following information concerning a missing person:
(a) The missing person's:
(1) Name, sex and race;
(2) Date and place of birth;
(3) Height and weight;
(4) Eye and hair color;
(5) Skin tone;
(6) Fingerprint classification;
(7) Social security number;
(8) Blood type;
(9) Footprint;
(10) Body X-rays;
(11) Dental X-rays, models and photographs; and
(12) Prescription for eyeglasses or contact lenses;
(b) Remarks of any dentist concerning the missing person;
(c) Any scar, mark, tattoo or other identifying characteristic of the missing person;
(d) The number, state and date of expiration of the driver's license of the missing person;
(e) The year, make, model, style, color and vehicle identification number of the motor vehicle of the missing person;
(f) The number, state, type and date of expiration of the license plate of the motor vehicle of the missing person;
(g) The date of last contact with the missing person;
(h) Whether the missing person is circumcised;
(i) The type and description of any jewelry the missing person may be wearing;
(j) The identifier of the originating agency; and
(k) The originating case number.
4. The central repository shall maintain each record of a missing person for 20 years after the person is located.
5. Records within the repository for information concerning missing persons may be disseminated by an agency of criminal justice without restriction.
Sec. 7. 1. The central repository shall:
(a) Provide a toll-free telephone service for people within and outside of this state to disseminate information about missing persons; and
(b) Make the telephone service available for not less than 8 hours per day, 7 days per week, except that the central repository need not make the service available on a legal holiday.
2. Each agency of criminal justice in this state shall provide the toll-free number for the telephone service to each person who requests information of the agency about a missing person.
Sec. 8. NRS 179A.075 is hereby amended to read as follows:
179A.0751. The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department.
2. Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:
(a) Collect and maintain records, reports and compilations of statistical data required by the department; and
(b) Submit the information collected to the central repository in the manner recommended by the advisory committee and approved by the director of the department.
3. Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history it collects, and any information in its possession relating to the genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense, to the division in the manner prescribed by the director of the department. A report of disposition must be submitted to the division:
(a) Through an electronic network;
(b) On a [media] medium of magnetic storage; or
(c) In the manner prescribed by the director of the department,
within 30 days after the date of disposition. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.
4. The division shall:
(a) Collect, maintain and arrange all information submitted to it relating to:
(1) Sexual offenses and other records of criminal history; and
(2) The genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense.
(b) Use a record of the subject's fingerprints as the basis for any records maintained regarding him.
5. The division may:
(a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;
(b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of such information; and
(c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person:
(1) Who has applied to any agency of the state or any political subdivision for a license which it has the power to grant or deny;
(2) With whom any agency of the state or any political subdivision intends to enter into a relationship of employment or a contract for personal services; or
(3) About whom any agency of the state or any political subdivision has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction.
6. The central repository shall:
(a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.
(b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.
(c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the central repository.
(d) Investigate the criminal history of any person who:
(1) Has applied to the superintendent of public instruction for a license;
(2) Has applied to a county school district for employment; or
(3) Is employed by a county school district,
and notify the superintendent of each county school district and the superintendent of public instruction if the investigation of the central repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.
(e) Upon discovery, notify the superintendent of each county school district by providing him with a list of all persons:
(1) Investigated pursuant to paragraph (d); or
(2) Employed by a county school district whose fingerprints were sent previously to the central repository for investigation,
who the central repository's records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the central repository's initial investigation. The superintendent of each county school district shall determine whether further investigation or action by the district is appropriate.
(f) On or before July 1 of each year, prepare and present to the governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the governor throughout the year regarding specific areas of crime if they are recommended by the advisory committee and approved by the director of the department.
(g) On or before January 31 of each odd-numbered year, prepare and submit to the director of the legislative counsel bureau, for submission to the legislature, a report containing statistical data about domestic violence in this state.
(h) Identify and review the collection and processing of statistical data relating to criminal justice and delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.
7. The central repository may:
(a) At the recommendation of the advisory committee and in the manner prescribed by the director of the department, disseminate compilations of statistical data and publish statistical reports relating to crime or delinquency of children.
(b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The central repository may not collect such a fee from an agency of criminal justice or any other agency dealing with crime or delinquency of children which is required to submit information pursuant to subsection 2. All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.
8. As used in this section, "advisory committee" means the committee established by the director of the department pursuant to NRS 179A.078.
Sec. 9. NRS 432.200 is hereby amended to read as follows:
432.2001. A law enforcement agency shall accept every report of a missing child which is submitted to the agency, including , but not limited to, a report made by telephone. Upon receipt of such a report, the agency shall immediately conduct a preliminary investigation and classify the cause of the disappearance of the child as "runaway," "abducted by his parent," "abducted by a stranger" or "cause of disappearance unknown," and shall:
(a) Transmit all available information about the child to the clearinghouse and to the central repository for Nevada records of criminal history within 36 hours after the report is received;
(b) Immediately notify such persons and make such inquiries concerning the missing child as the agency deems necessary;
(c) Fully comply with the requirements of the National Child Search Assistance Act of 1990 (Title XXXVII of Public Law 101-647, 104 Stat. 4966); and
(d) Enter into the National Crime Information Center's Missing Person File [,] and the repository for information concerning missing persons within the central repository for Nevada records of criminal history, as miscellaneous information, any person reasonably believed to have unlawfully abducted or detained the missing child, or aided or abetted such unlawful abduction or detention.
2. A law enforcement agency which has jurisdiction over the investigation of an abducted child and which has obtained a warrant for the arrest of a person suspected in the child's disappearance or concealment shall immediately notify the National Crime Information Center for the entry into the Center's Wanted Person File of identifying and descriptive information concerning:
(a) The suspect; and
(b) As miscellaneous information, the missing child.
The agency shall cross-reference information entered pursuant to this section with the National Crime Information Center's Missing Person File [.] and with the repository for information concerning missing persons within the central repository for Nevada records of criminal history.
3. If a missing child is less than 16 years of age or has not been located within 30 days after a report is filed, the law enforcement agency that received the initial report shall, and the division or the central repository for Nevada records of criminal history may [, ask] :
(a) Send to the child's parent or guardian a request for certain identifying information regarding the child that the National Crime Information Center recommends be provided; and
(b) Ask the child's parent or guardian to [consent to the release of the child's dental records. The] provide such identifying information regarding the child.
If a law enforcement agency receives the identifying information, it shall transmit all [dental records] information so released to it to the division [.] and to the central repository. The division and the central repository shall, upon its receipt of the [dental records of] identifying information about the missing child, compare [those records] the information with the [dental records of] information that is on file concerning unidentified deceased children. This subsection does not preclude the voluntary release of identifying information about the missing [child's dental records] child by his parent or guardian at any time.
4. The parent or guardian of a child reported as missing shall promptly notify the appropriate law enforcement agency if the child is found or returned. The law enforcement agency shall then transmit that fact to the National Crime Information Center , the central repository for Nevada records of criminal history and the clearinghouse.
5. As used in this section, "division" means the investigation division of the department of motor vehicles and public safety.
Sec. 10. NRS 481.245 is hereby amended to read as follows:
481.2451. When a coroner is unable to establish the identity of a dead body by means other than by dental records, he shall have a dental examination of the body made by a dentist. The dentist shall prepare a record of his findings and forward it to the investigation division [.] and to the central repository for Nevada records of criminal history.
2. Each sheriff, chief of police or other law enforcement agency which receives a report of a person missing under suspicious circumstances who is 18 years or older shall:
(a) Transmit to the investigation division [:] and to the central repository for Nevada records of criminal history:
(1) The initial report that contains identifying information concerning the missing person within 72 hours after the receipt of that report; and
(2) Any subsequent report concerning the missing person within 5 working days after the receipt of that report if the report contains additional identifying information concerning the missing person;
(b) Notify immediately such persons and make inquiries concerning the missing person as the agency deems necessary; and
(c) Enter the information concerning the missing person into the computer for the National Crime Information Center [,] and the central repository for Nevada records of criminal history, if appropriate.
3. The sheriff, chief of police or other law enforcement agency [may] shall request the written consent of the next of kin or guardian of a person who has been reported to him as missing for 30 days or more to obtain [the dental records of] certain identifying information about the missing person that the National Crime Information Center recommends be provided from [that person's dentist.] the appropriate providers of medical care. After receiving the written consent, the sheriff, chief of police or other law enforcement agency shall obtain the [dental records from the dentist] identifying information from the providers of medical care and forward [them] that information and any other relevant information to the investigation division and to the central repository for Nevada records of criminal history for comparison with the [dental records of] identifying information that is on file concerning unidentified deceased persons. This subsection does not prevent the voluntary release of identifying information about the missing [person's dental records] person by the next of kin or guardian of the missing person at any time.
4. The next of kin or guardian of the person reported as missing shall promptly notify the appropriate law enforcement agency when the missing person is found.
5. The sheriff, chief of police or other law enforcement agency shall inform the investigation division , the central repository for Nevada records of criminal history and the National Crime Information Center when a missing person has been found.
6. The investigation division and the central repository for Nevada records of criminal history shall maintain the records and other information forwarded to [it] them pursuant to subsections 1, 2 and 3 for the purpose of comparing the records and otherwise assisting in the identification of dead bodies.
Sec. 11. 1. There is hereby appropriated from the state general fund to:
(a) Clark County, the sum of $65,000; and
(b) Washoe County, the sum of $65,000,
to provide to each county coroner an electronic fingerprint transmission system and computer equipment that can be used to access the information contained in the central repository for Nevada records of criminal history.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 12. 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.