Senate Bill No. 430–Committee on Judiciary

 

March 24, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions concerning restoration of certain rights of ex-felons. (BDR 14‑1222)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to criminal procedure; making various changes to provide a person who is honorably discharged from probation or parole, or pardoned or released from prison after serving his sentence, to petition the court for a restoration of his civil rights, a release from all penalties and disabilities resulting from his conviction and his right to bear arms; authorizing a court that seals the records of conviction of a person to restore the person’s right to bear arms; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 176A.850 is hereby amended to read as

1-2  follows:

1-3  176A.850  1.  A person who:

1-4  (a) Has fulfilled the conditions of his probation for the entire

1-5  period thereof;

1-6  (b) Is recommended for earlier discharge by the Division; or

1-7  (c) Has demonstrated his fitness for honorable discharge but

1-8  because of economic hardship, verified by a parole and probation

1-9  officer, has been unable to make restitution as ordered by the

1-10  court,

1-11  may be granted an honorable discharge from probation by order of

1-12  the court.

2-1  2.  Any amount of restitution remaining unpaid constitutes a

2-2  civil liability arising upon the date of discharge.

2-3  3.  A person honorably discharged from probation:

2-4  (a) Is free from the terms and conditions of his probation;

2-5  (b) If he meets the requirements of NRS 176A.860, may [apply

2-6  to the Division] petition the court in which he was convicted to

2-7  request a restoration of his civil rights[;] , a release from all

2-8  penalties and disabilities which resulted from the offense or crime

2-9  of which he was convicted and a restoration of his right to bear

2-10  arms; and

2-11      (c) If he meets the requirements of NRS 179.245, may apply to

2-12  the court for the sealing of records relating to his conviction.

2-13  The person must be informed of the provisions of this section and

2-14  NRS 176A.860 and 179.245 in his probation papers.

2-15      4.  A person honorably discharged from probation who has had

2-16  his civil rights restored by the court[:] and who has been released

2-17  from all penalties and disabilities which resulted from the offense

2-18  or crime of which he was convicted:

2-19      (a) Is exempt from the requirements of chapter 179C of NRS,

2-20  but is not exempt from the requirements of chapter 179D of NRS.

2-21      (b) May vote, hold office or serve as a juror.

2-22      (c) Shall disclose the conviction to a gaming establishment and

2-23  to the State and its agencies, departments, boards, commissions and

2-24  political subdivisions, if required in an application for employment,

2-25  license or other permit. As used in this paragraph, “establishment”

2-26  has the meaning ascribed to it in NRS 463.0148.

2-27      (d) Except as otherwise provided in paragraph (c), need not

2-28  disclose the conviction to an employer or prospective employer.

2-29      5.  The prior conviction of a person whose [civil] rights have

2-30  been restored , whose penalties and disabilities have been released

2-31  or who has been honorably discharged from probation may be used

2-32  for purposes of impeachment. In any subsequent prosecution of the

2-33  person who has had his [civil] rights restored , who has had

2-34  penalties and disabilities released or who has been honorably

2-35  discharged from probation, the prior conviction may be pleaded and

2-36  proved if otherwise admissible.

2-37      Sec. 2.  NRS 176A.860 is hereby amended to read as follows:

2-38      176A.860  1.  If a person is granted an honorable discharge

2-39  from probation[, not sooner than 6 months after his honorable

2-40  discharge,] , the person may [apply to the Division] petition the

2-41  court in which he was convicted to request a restoration of his civil

2-42  rights , a release from all penalties and disabilities which resulted

2-43  from the offense or crime of which he was convicted and a

2-44  restoration of his right to bear arms, if the person[:

2-45      (a) Has] has not previously been restored to [his civil rights; and

3-1  (b) Has not been convicted of any offense greater than a traffic

3-2  violation after his honorable discharge.] such rights or released

3-3  from such penalties and disabilities.

3-4  2.  If a person [applies to the Division to request a restoration of

3-5  his civil rights,] files a petition with the court pursuant to

3-6  subsection 1, the person must submit with his [application] petition

3-7  a current, certified record of his criminal history received from [the]

3-8  :

3-9  (a) The Central Repository for Nevada Records of Criminal

3-10  History[.] ; and

3-11      (b) The local law enforcement agency of the city or county in

3-12  which the conviction was entered.

3-13      3.  If the [Division determines after an investigation] court

3-14  determines that the person [meets the requirements of this section,

3-15  the Division shall petition the court in which the person was

3-16  convicted for] has been honorably discharged from probation and

3-17  is not currently serving a sentence of imprisonment or subject to a

3-18  period of parole or probation, the court:

3-19      (a) Shall, as soon as reasonably practicable, enter an order

3-20  [granting the restoration of his] restoring the civil rights[. If the

3-21  Division refuses to submit such a petition, the person may, after

3-22  notice to the Division, directly petition the court for an order

3-23  granting the restoration of his civil rights.] of the person and

3-24  releasing the person from all penalties and disabilities which

3-25  resulted from the offense or crime of which he was convicted; and

3-26      (b) May enter an order restoring the right of the person to bear

3-27  arms if the court determines that the person is not likely to pose a

3-28  threat to the safety of others.

3-29      4.  If the court does not restore the right of the person to bear

3-30  arms pursuant to subsection 3, the court shall include in the order

3-31  a date after which the person may submit another petition to the

3-32  court in the manner set forth in this section to request the

3-33  restoration of his right to bear arms.

3-34      Sec. 3.  NRS 179.285 is hereby amended to read as follows:

3-35      179.285  1.  Except as otherwise provided in NRS 179.301, if

3-36  the court orders a record sealed pursuant to NRS 176A.265,

3-37  179.245, 179.255, 179.259 or 453.3365[:

3-38      1.  All] , all proceedings recounted in the record are deemed

3-39  never to have occurred, and the person to whom the order pertains

3-40  may properly answer accordingly to any inquiry concerning the

3-41  arrest, conviction, dismissal or acquittal and the events and

3-42  proceedings relating to the arrest, conviction, dismissal or acquittal.

3-43      2.  [The court shall] If the court determines that the person

3-44  whose records are sealed pursuant to subsection 1 is not currently

4-1  serving a sentence of imprisonment or subject to a period of parole

4-2  or probation, the court:

4-3  (a) Shall, as soon as reasonably practicable, enter an order

4-4  restoring the civil rights of the person to whom the order pertains

4-5  [to be restored if the person has not been restored to his civil rights.]

4-6  and releasing the person from all penalties and disabilities which

4-7  resulted from the offense or crime of which he was convicted, if

4-8  the person has not previously been restored to such rights and

4-9  released from such penalties and disabilities; and

4-10      (b) May enter an order restoring the right of the person to bear

4-11  arms if the court determines that the person is not likely to pose a

4-12  threat to the safety of others.

4-13      3.  If the court does not restore the right of the person to bear

4-14  arms pursuant to subsection 2, the court shall include in the order

4-15  a date after which the person may submit a petition to the court to

4-16  request the restoration of his right to bear arms.

4-17      4  A person who petitions the court for the restoration of his

4-18  right to bear arms pursuant to subsection 3 must submit with his

4-19  petition a current, certified record of his criminal history received

4-20  from:

4-21      (a) The Central Repository for Nevada Records of Criminal

4-22  History; and

4-23      (b) The local law enforcement agency of the city or county in

4-24  which the conviction was entered.

4-25      Sec. 4.  NRS 202.360 is hereby amended to read as follows:

4-26      202.360  1.  A person who has been convicted of a felony in

4-27  this or any other state, or in any political subdivision thereof, or of a

4-28  felony in violation of the laws of the United States of America,

4-29  [unless he has received a pardon and the pardon does not restrict his

4-30  right to bear arms,] shall not own or have in his possession or under

4-31  his custody or control any firearm[.] , unless the person has had

4-32  his right to bear arms restored by court order pursuant to NRS

4-33  176A.860, 179.285, 213.090, 213.155 or 213.157.

4-34      2.  As used in this section, “firearm” includes any firearm that

4-35  is loaded or unloaded and operable or inoperable.

4-36      3.  A person who violates the provisions of this section is guilty

4-37  of a category B felony and shall be punished by imprisonment in the

4-38  state prison for a minimum term of not less than 1 year and a

4-39  maximum term of not more than 6 years, and may be further

4-40  punished by a fine of not more than $5,000.

4-41      Sec. 5.  NRS 213.090 is hereby amended to read as follows:

4-42      213.090  1.  When a pardon is granted for any offense

4-43  committed, the pardon may or may not include a restoration of civil

4-44  rights[.] , a release of the person from all penalties and disabilities

4-45  resulting from the offense or crime of which he was convicted or a

5-1  restoration of the right to bear arms, as deemed appropriate by the

5-2  Board. If the pardon includes a restoration of civil rights, a release

5-3  from all penalties and disabilities resulting from the offense or

5-4  crime of which he was convicted or a restoration of the right to

5-5  bear arms, it must be so stated in the instrument or certificate of

5-6  pardon and, when granted upon conditions, limitations or

5-7  restrictions, [they] the conditions, limitations or restrictions must

5-8  be fully set forth in the instrument.

5-9  2.  In any case where a convicted person has received a pardon

5-10  without an immediate restoration of his civil rights, release from all

5-11  penalties and disabilities resulting from the offense or crime of

5-12  which he was convicted or restoration of his right to bear arms, he

5-13  may [apply to the State Board of Pardons Commissioners for]

5-14  petition the court in which he was convicted to request a

5-15  restoration of his civil rights and , a release from all penalties and

5-16  disabilities resulting from the offense or crime of which he was

5-17  convicted[.] or a restoration of his right to bear arms, as

5-18  applicable. The person must submit with his petition a current,

5-19  certified record of his criminal history received from:

5-20      (a) The Central Repository for Nevada Records of Criminal

5-21  History; and

5-22      (b) The local law enforcement agency of the city or county in

5-23  which the conviction was entered.

5-24      3.  Upon receiving [an application] a petition pursuant to

5-25  subsection 2, the [Board] court shall determine whether the

5-26  [applicant] person has received a pardon. If the [Board] court

5-27  determines that the [applicant] person has received a pardon[, the

5-28  Board shall,] and is not currently serving a sentence of

5-29  imprisonment or subject to a period of parole or probation, the

5-30  court:

5-31      (a) Shall, as soon as reasonably practicable, [restore him to his]

5-32  enter an order restoring the civil rights of the person and [release

5-33  him] releasing the person from all penalties and disabilities

5-34  resulting from the offense or crime of which he was convicted[.

5-35      4.  An applicant must not be required to pay a fee to have his

5-36  civil rights restored or to be released from penalties and disabilities

5-37  pursuant to this section.] ; and

5-38      (b) May enter an order restoring the right of the person to bear

5-39  arms if the court determines that the person is not likely to pose a

5-40  threat to the safety of others.

5-41      4.  If the court does not restore the rights of the person to bear

5-42  arms pursuant to subsection 3, the court shall include in the order

5-43  a date after which the person may submit another petition to the

5-44  court in the manner set forth in this section to request the

5-45  restoration of his right to bear arms.

6-1  Sec. 6.  NRS 213.155 is hereby amended to read as follows:

6-2  213.155  1.  [The Board may restore a paroled prisoner to his

6-3  civil rights, conditioned upon the prisoner receiving] If the Division

6-4  issues an honorable discharge from parole pursuant to NRS 213.154

6-5  [. Such restoration must take effect at the expiration of the parole of

6-6  the prisoner.

6-7  2.  In any case where a convicted person has completed his

6-8  parole without immediate restoration of his civil rights and has been

6-9  issued an honorable discharge from parole pursuant to NRS

6-10  213.154, he may apply to the Division] to a person, the person may

6-11  petition the court in which he was convicted to request a restoration

6-12  of his civil rights [and] , a release from all penalties and disabilities

6-13  which resulted from the offense or crime of which he was convicted

6-14  [.3.  Upon receiving an application] and a restoration of his

6-15  right to bear arms, if the person has not previously been restored

6-16  to such rights or released from such penalties and disabilities.

6-17      2.  If a person files a petition with the court pursuant to

6-18  subsection 1, the person must submit with his petition a current,

6-19  certified record of his criminal history received from:

6-20      (a) The Central Repository for Nevada Records of Criminal

6-21  History; and

6-22      (b) The local law enforcement agency of the city or county in

6-23  which the conviction was entered.

6-24      3.  Upon receiving a petition pursuant to [subsection 2, the

6-25  Division] this section, the court shall determine whether the

6-26  [applicant] person has received an honorable discharge from parole.

6-27  If the [Division] court determines that the [applicant] person has

6-28  received an honorable discharge[, the Division shall forward the

6-29  application to the Board.

6-30      4.  Upon receiving an application pursuant to subsection 3, the

6-31  Board shall, as soon as reasonably practicable, restore the applicant

6-32  to his civil rights and release him from all penalties and disabilities

6-33  resulting from the offense or crime of which he was convicted.

6-34      5.  An applicant must not be required to pay a fee to have his

6-35  civil rights restored or to be released from penalties and disabilities

6-36  pursuant to this section.

6-37      6.  The Board may adopt regulations necessary or convenient

6-38  for the purposes of this section.] from parole and is not currently

6-39  serving a sentence of imprisonment or subject to a period of parole

6-40  or probation, the court:

6-41      (a) Shall, as soon as reasonably practicable, enter an order

6-42  restoring the civil rights of the person and releasing the person

6-43  from all penalties and disabilities which resulted from the offense

6-44  or crime of which he was convicted; and

7-1  (b) May enter an order restoring the right of the person to bear

7-2  arms if the court determines that the person is not likely to pose a

7-3  threat to the safety of others.

7-4  4.  If the court does not restore the right of the person to bear

7-5  arms pursuant to subsection 2, the court shall include in the order

7-6  a date after which the person may submit another petition to the

7-7  court in the manner set forth in this section to request the

7-8  restoration of his right to bear arms.

7-9  Sec. 7.  NRS 213.157 is hereby amended to read as follows:

7-10      213.157  1.  In any case where a person convicted of a felony

7-11  in the State of Nevada has served his sentence and been released

7-12  from prison[, he may apply to the Division requesting] and is not

7-13  subject to a period of parole or probation, the person may petition

7-14  the court in which he was convicted to request a restoration of his

7-15  civil rights [and] , a release from all penalties and disabilities which

7-16  resulted from the offense or crime of which he was convicted[.] and

7-17  a restoration of his right to bear arms, if the person has not

7-18  previously been restored to such rights and released from such

7-19  penalties and disabilities.

7-20      2.  If a person files a petition with the court pursuant to

7-21  subsection 1, the person must submit with his petition a current,

7-22  certified record of his criminal history received from:

7-23      (a) The Central Repository for Nevada Records of Criminal

7-24  History; and

7-25      (b) The local law enforcement agency of the city or county in

7-26  which the conviction was entered.

7-27      3.  Upon receiving [an application] a petition pursuant to

7-28  subsection 1, the [Division] court shall determine whether the

7-29  [applicant] person has served his sentence and been released from

7-30  prison. If the [division] court determines that the [applicant] person

7-31  has served his sentence and been released from prison[, the

7-32  Division shall forward the application to the district court in which

7-33  the conviction was obtained.

7-34      3.  Upon receiving an application pursuant to subsection 2,] and

7-35  is not currently serving a sentence of imprisonment or subject to a

7-36  period of parole or probation, the court [shall,] :

7-37      (a) Shall, as soon as reasonably practicable, restore the civil

7-38  rights of the [applicant and] person and release him from all

7-39  penalties and disabilities which resulted from the offense or crime of

7-40  which he was convicted[.

7-41      4.  An applicant must not be required to pay a fee to have his

7-42  civil rights restored or to be released from penalties and disabilities

7-43  pursuant to this section.] ; and

8-1  (b) May restore the right of the person to bear arms if the

8-2  court determines that the person is not likely to pose a threat to the

8-3  safety of others.

8-4  4.  If the court does not restore the right of the person to bear

8-5  arms, the court shall include in the order a date after which the

8-6  person may submit another petition to the court in the manner set

8-7  forth in this section to request the restoration of his right to bear

8-8  arms.

 

8-9  H