(Reprinted with amendments adopted on April 16, 2003)

 

Senate Bill No. 303–Senator Nolan

 

March 17, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning dissemination of records of criminal history by Central Repository for Nevada Records of Criminal History. (BDR 14‑967)

 

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 records; authorizing the Central Repository for Nevada Records of Criminal History to conduct investigations and to disseminate certain information concerning applicants and employees of private schools; expanding the offenses about which certain employers may obtain information concerning employees; authorizing such employers to obtain the same information about volunteers and prospective volunteers; providing a penalty; 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 179.301 is hereby amended to read as follows:

1-2  179.301  1.  The State Gaming Control Board and Nevada

1-3  Gaming Commission and their employees, agents and

1-4  representatives may inquire into and inspect any records sealed

1-5  pursuant to NRS 179.245 or 179.255, if the event or conviction was

1-6  related to gaming, [for purposes of determining] to determine the

1-7  suitability or qualifications of any person to hold a state gaming

1-8  license, manufacturer’s, seller’s or distributor’s license or gaming

1-9  work permit pursuant to chapter 463 of NRS. Events and

1-10  convictions, if any, which are the subject of an order sealing records

2-1  may form the basis for recommendation, denial or revocation of

2-2  those licenses or work permits.

2-3  2.  The Central Repository for Nevada Records of Criminal

2-4  History and its employees may inquire into and inspect any records

2-5  sealed pursuant to NRS 179.245 or 179.255 that constitute

2-6  information relating to sexual offenses, and may notify employers of

2-7  the information in accordance with NRS 179A.180 to 179A.240,

2-8  inclusive.

2-9  3.  Records which have been sealed pursuant to NRS 179.245

2-10  or 179.255 and which are retained in the statewide registry

2-11  established pursuant to NRS 179B.200 may be inspected pursuant to

2-12  chapter 179B of NRS by an officer or employee of the Central

2-13  Repository for Nevada Records of Criminal History or a law

2-14  enforcement officer in the regular course of his duties.

2-15      4.  As used in this section:

2-16      (a) “Information relating to sexual offenses” means

2-17  information contained in or concerning a record of criminal

2-18  history, or the records of criminal history of the United States or

2-19  another state, relating in any way to a sexual offense.

2-20      (b) “Sexual offense” has the meaning ascribed to it in

2-21  NRS 179A.073.

2-22      Sec. 2.  NRS 179A.075 is hereby amended to read as follows:

2-23      179A.075  1.  The Central Repository for Nevada Records of

2-24  Criminal History is hereby created within the Nevada Highway

2-25  Patrol Division of the Department.

2-26      2.  Each agency of criminal justice and any other agency

2-27  dealing with crime or delinquency of children shall:

2-28      (a) Collect and maintain records, reports and compilations of

2-29  statistical data required by the Department; and

2-30      (b) Submit the information collected to the Central Repository

2-31  in the manner recommended by the Advisory Committee and

2-32  approved by the Director of the Department.

2-33      3.  Each agency of criminal justice shall submit the information

2-34  relating to [sexual offenses and other] records of criminal history

2-35  that it creates or issues, and any information in its possession

2-36  relating to the genetic markers of a biological specimen of a person

2-37  who is convicted of an offense listed in subsection 4 of NRS

2-38  176.0913, to the Division in the manner prescribed by the Director

2-39  of the Department. The information must be submitted to the

2-40  Division:

2-41      (a) Through an electronic network;

2-42      (b) On a medium of magnetic storage; or

2-43      (c) In the manner prescribed by the Director of the

2-44  Department,

3-1  within the period prescribed by the Director of the Department. If an

3-2  agency has submitted a record regarding the arrest of a person who

3-3  is later determined by the agency not to be the person who

3-4  committed the particular crime, the agency shall, immediately upon

3-5  making that determination, so notify the Division. The Division

3-6  shall delete all references in the Central Repository relating to that

3-7  particular arrest.

3-8  4.  The Division shall, in the manner prescribed by the Director

3-9  of the Department:

3-10      (a) Collect, maintain and arrange all information submitted to it

3-11  relating to:

3-12          (1) [Sexual offenses and other records] Records of criminal

3-13  history; and

3-14          (2) The genetic markers of a biological specimen of a person

3-15  who is convicted of an offense listed in subsection 4 of

3-16  NRS 176.0913.

3-17      (b) When practicable, use a record of the personal identifying

3-18  information of a subject as the basis for any records maintained

3-19  regarding him.

3-20      (c) Upon request, provide the information that is contained in

3-21  the Central Repository to the State Disaster Identification Team of

3-22  the Division of Emergency Management of the Department.

3-23      5.  The Division may:

3-24      (a) Disseminate any information which is contained in the

3-25  Central Repository to any other agency of criminal justice;

3-26      (b) Enter into cooperative agreements with federal and state

3-27  repositories to facilitate exchanges of information that may be

3-28  disseminated pursuant to paragraph (a); and

3-29      (c) Request of and receive from the Federal Bureau of

3-30  Investigation information on the background and personal history of

3-31  any person whose record of fingerprints the Central Repository

3-32  submits to the Federal Bureau of Investigation and:

3-33          (1) Who has applied to any agency of the State of Nevada or

3-34  any political subdivision thereof for a license which it has the power

3-35  to grant or deny;

3-36          (2) With whom any agency of the State of Nevada or any

3-37  political subdivision thereof intends to enter into a relationship of

3-38  employment or a contract for personal services;

3-39          (3) About whom any agency of the State of Nevada or any

3-40  political subdivision thereof has a legitimate need to have accurate

3-41  personal information for the protection of the agency or the persons

3-42  within its jurisdiction; or

3-43          (4) For whom such information is required to be obtained

3-44  pursuant to NRS 449.179.

3-45      6.  The Central Repository shall:

4-1  (a) Collect and maintain records, reports and compilations of

4-2  statistical data submitted by any agency pursuant to subsection 2.

4-3  (b) Tabulate and analyze all records, reports and compilations of

4-4  statistical data received pursuant to this section.

4-5  (c) Disseminate to federal agencies engaged in the collection of

4-6  statistical data relating to crime information which is contained in

4-7  the Central Repository.

4-8  (d) Investigate the criminal history of any person who:

4-9       (1) Has applied to the Superintendent of Public Instruction

4-10  for a license;

4-11          (2) Has applied to a county school district or a private school

4-12  for employment; or

4-13          (3) Is employed by a county school district[,] or a private

4-14  school,

4-15  and notify the superintendent of each county school district and the

4-16  Superintendent of Public Instruction , or the administrator of each

4-17  private school, as appropriate, if the investigation of the Central

4-18  Repository indicates that the person has been convicted of a

4-19  violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395,

4-20  or convicted of a felony or any offense involving moral turpitude.

4-21      (e) Upon discovery, notify the superintendent of each county

4-22  school district or the administrator of each private school, as

4-23  appropriate, by providing [him] the superintendent or

4-24  administrator with a list of all persons:

4-25          (1) Investigated pursuant to paragraph (d); or

4-26          (2) Employed by a county school district or private school

4-27  whose fingerprints were sent previously to the Central Repository

4-28  for investigation,

4-29  who the Central Repository’s records indicate have been convicted

4-30  of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or

4-31  453.3395, or convicted of a felony or any offense involving moral

4-32  turpitude since the Central Repository’s initial investigation. The

4-33  superintendent of each county school district or the administrator

4-34  of each private school, as applicable, shall determine whether

4-35  further investigation or action by the district or private school, as

4-36  applicable, is appropriate.

4-37      (f) Investigate the criminal history of each person who submits

4-38  fingerprints or has his fingerprints submitted pursuant to NRS

4-39  449.176 or 449.179.

4-40      (g) On or before July 1 of each year, prepare and present to the

4-41  Governor a printed annual report containing the statistical data

4-42  relating to crime received during the preceding calendar year.

4-43  Additional reports may be presented to the Governor throughout the

4-44  year regarding specific areas of crime if they are recommended by

5-1  the Advisory Committee and approved by the Director of the

5-2  Department.

5-3  (h) On or before July 1 of each year, prepare and submit to the

5-4  Director of the Legislative Counsel Bureau, for submission to the

5-5  Legislature, or the Legislative Commission when the Legislature is

5-6  not in regular session, a report containing statistical data about

5-7  domestic violence in this state.

5-8  (i) Identify and review the collection and processing of

5-9  statistical data relating to criminal justice and the delinquency of

5-10  children by any agency identified in subsection 2, and make

5-11  recommendations for any necessary changes in the manner of

5-12  collecting and processing statistical data by any such agency.

5-13      7.  The Central Repository may:

5-14      (a) At the recommendation of the Advisory Committee and in

5-15  the manner prescribed by the Director of the Department,

5-16  disseminate compilations of statistical data and publish statistical

5-17  reports relating to crime or the delinquency of children.

5-18      (b) Charge a reasonable fee for any publication or special report

5-19  it distributes relating to data collected pursuant to this section. The

5-20  Central Repository may not collect such a fee from an agency of

5-21  criminal justice, any other agency dealing with crime or the

5-22  delinquency of children which is required to submit information

5-23  pursuant to subsection 2 or the State Disaster Identification Team of

5-24  the Division of Emergency Management of the Department. All

5-25  money collected pursuant to this paragraph must be used to pay for

5-26  the cost of operating the Central Repository.

5-27      (c) In the manner prescribed by the Director of the Department,

5-28  use electronic means to receive and disseminate information

5-29  contained in the Central Repository that it is authorized to

5-30  disseminate pursuant to the provisions of this chapter.

5-31      8.  As used in this section:

5-32      (a) “Advisory Committee” means the committee established by

5-33  the Director of the Department pursuant to NRS 179A.078.

5-34      (b) “Personal identifying information” means any information

5-35  designed, commonly used or capable of being used, alone or in

5-36  conjunction with any other information, to identify a person,

5-37  including, without limitation:

5-38          (1) The name, driver’s license number, social security

5-39  number, date of birth and photograph or computer generated image

5-40  of a person; and

5-41          (2) The fingerprints, voiceprint, retina image and iris image

5-42  of a person.

5-43      (c) “Private school” has the meaning ascribed to it in

5-44  NRS 394.103.

 

6-1  Sec. 3.  NRS 179A.080 is hereby amended to read as follows:

6-2  179A.080  The Director of the Department is responsible for

6-3  administering this chapter and may adopt regulations for that

6-4  purpose. The Director shall:

6-5  1.  Adopt regulations for the security of the Central Repository

6-6  so that it is adequately protected from fire, theft, loss, destruction,

6-7  other hazards and unauthorized access.

6-8  2.  Adopt regulations and standards for personnel employed by

6-9  agencies of criminal justice in positions of responsibility for

6-10  maintenance and dissemination of information relating to [sexual

6-11  offenses and other] records of criminal history[.] and information

6-12  disseminated pursuant to NRS 179A.180 to 179A.240, inclusive.

6-13      3.  Provide for audits of informational systems by qualified

6-14  public or private agencies, organizations or persons.

6-15      Sec. 4. NRS 179A.100 is hereby amended to read as follows:

6-16      179A.100  1.  The following records of criminal history may

6-17  be disseminated by an agency of criminal justice without any

6-18  restriction pursuant to this chapter:

6-19      (a) Any which reflect records of conviction only; and

6-20      (b) Any which pertain to an incident for which a person is

6-21  currently within the system of criminal justice, including parole or

6-22  probation.

6-23      2.  Without any restriction pursuant to this chapter, a record of

6-24  criminal history or the absence of such a record may be:

6-25      (a) Disclosed among agencies which maintain a system for the

6-26  mutual exchange of criminal records.

6-27      (b) Furnished by one agency to another to administer the system

6-28  of criminal justice, including the furnishing of information by a

6-29  police department to a district attorney.

6-30      (c) Reported to the Central Repository.

6-31      3.  An agency of criminal justice shall disseminate to a

6-32  prospective employer, upon request, records of criminal history

6-33  concerning a prospective employee or volunteer which:

6-34      (a) Reflect convictions only; or

6-35      (b) Pertain to an incident for which the prospective employee or

6-36  volunteer is currently within the system of criminal justice,

6-37  including parole or probation.

6-38      4.  [The Central Repository shall disseminate to a prospective

6-39  or current employer, upon request, information relating to sexual

6-40  offenses concerning an employee, prospective employee, volunteer

6-41  or prospective volunteer who gives his written consent to the release

6-42  of that information.

6-43      5.] Records of criminal history must be disseminated by an

6-44  agency of criminal justice upon request, to the following persons or

6-45  governmental entities:

7-1  (a) The person who is the subject of the record of criminal

7-2  history for the purposes of NRS 179A.150.

7-3  (b) The person who is the subject of the record of criminal

7-4  history or his attorney of record when the subject is a party in a

7-5  judicial, administrative, licensing, disciplinary or other proceeding

7-6  to which the information is relevant.

7-7  (c) The State Gaming Control Board.

7-8  (d) The State Board of Nursing.

7-9  (e) The Private Investigator’s Licensing Board to investigate an

7-10  applicant for a license.

7-11      (f) A public administrator to carry out his duties as prescribed in

7-12  chapter 253 of NRS.

7-13      (g) A public guardian to investigate a ward or proposed ward or

7-14  persons who may have knowledge of assets belonging to a ward or

7-15  proposed ward.

7-16      (h) Any agency of criminal justice of the United States or of

7-17  another state or the District of Columbia.

7-18      (i) Any public utility subject to the jurisdiction of the Public

7-19  Utilities Commission of Nevada when the information is necessary

7-20  to conduct a security investigation of an employee or prospective

7-21  employee, or to protect the public health, safety or welfare.

7-22      (j) Persons and agencies authorized by statute, ordinance,

7-23  executive order, court rule, court decision or court order as

7-24  construed by appropriate state or local officers or agencies.

7-25      (k) Any person or governmental entity which has entered into a

7-26  contract to provide services to an agency of criminal justice relating

7-27  to the administration of criminal justice, if authorized by the

7-28  contract, and if the contract also specifies that the information will

7-29  be used only for stated purposes and that it will be otherwise

7-30  confidential in accordance with state and federal law and regulation.

7-31      (l) Any reporter for the electronic or printed media in his

7-32  professional capacity for communication to the public.

7-33      (m) Prospective or current employers of prospective or current

7-34  employees or volunteers if the person who is the subject of the

7-35  information has given written consent to the release of that

7-36  information by the agency which maintains it.

7-37      (n) For the express purpose of research, evaluative or statistical

7-38  programs pursuant to an agreement with an agency of criminal

7-39  justice.

7-40      (o) An agency which provides child welfare services, as defined

7-41  in NRS 432B.030.

7-42      (p) The Welfare Division of the Department of Human

7-43  Resources or its designated representative.

7-44      (q) An agency of this or any other state or the Federal

7-45  Government that is conducting activities pursuant to Part D of

8-1  [Title] Subchapter IV of Chapter 7 of Title 42 of the Social

8-2  Security Act, 42 U.S.C. §§ 651 et seq.

8-3  (r) The State Disaster Identification Team of the Division of

8-4  Emergency Management of the Department.

8-5  (s) The Commissioner of Insurance.

8-6  [6.] 5. Agencies of criminal justice in this state which receive

8-7  information from sources outside this state concerning transactions

8-8  involving criminal justice which occur outside Nevada shall treat the

8-9  information as confidentially as is required by the provisions of this

8-10  chapter.

8-11      Sec. 5.  NRS 179A.110 is hereby amended to read as follows:

8-12      179A.110  No person who receives information relating to

8-13  [sexual offenses or other] records of criminal history pursuant to this

8-14  chapter or who receives information pursuant to NRS 179A.180 to

8-15  179A.240, inclusive, may disseminate it further without express

8-16  authority of law or in accordance with a court order. This section

8-17  does not prohibit the dissemination of material by an employee of

8-18  the electronic or printed media in his professional capacity for

8-19  communication to the public.

8-20      Sec. 6.  NRS 179A.130 is hereby amended to read as follows:

8-21      179A.130  Each agency of criminal justice which maintains and

8-22  disseminates information relating to [sexual offenses or other]

8-23  records of criminal history must maintain a log of each

8-24  dissemination of that information other than a dissemination of the

8-25  fact that the agency has no record relating to a certain person. The

8-26  log must be maintained for at least 1 year after the information is

8-27  disseminated, and must contain:

8-28      1.  An entry showing to what agency or person the information

8-29  relating to [sexual offenses or other] records of criminal history

8-30  were provided;

8-31      2.  The date on which the information was provided;

8-32      3.  The person who is the subject of the information; and

8-33      4.  A brief description of the information provided.

8-34      Sec. 7.  NRS 179A.140 is hereby amended to read as follows:

8-35      179A.140  1.  [An] Except as otherwise provided in this

8-36  subsection, an agency of criminal justice may charge a reasonable

8-37  fee for information relating to [sexual offenses or other] records of

8-38  criminal history [furnished] provided to any person or governmental

8-39  entity . [except] An agency of criminal justice shall not charge a

8-40  fee for providing such information to another agency of criminal

8-41  justice [and] if the information is provided for purposes of the

8-42  administration of criminal justice, or for providing such

8-43  information to the State Disaster Identification Team of the

8-44  Division of Emergency Management of the Department. The

8-45  Central Repository shall not charge such a fee for information

9-1  relating to a person regarding whom the Central Repository

9-2  [furnished] provided a similar report within the immediately

9-3  preceding 6 months in conjunction with the application by that

9-4  person for professional licensure.

9-5  2.  All money received or collected by the Department pursuant

9-6  to this section must be used to defray the cost of operating the

9-7  Central Repository.

9-8  Sec. 8.  NRS 179A.150 is hereby amended to read as follows:

9-9  179A.150  1.  The Central Repository and each state,

9-10  municipal, county or metropolitan police agency shall permit a

9-11  person, who is or believes he may be the subject of information

9-12  relating to [sexual offenses or other] records of criminal history

9-13  maintained by that agency, to appear in person during normal

9-14  business hours of the agency and inspect any recorded information

9-15  held by that agency pertaining to him. This right of access does not

9-16  extend to data contained in intelligence, investigative or other

9-17  related files, and does not include any information other than [that

9-18  defined as information relating to sexual offenses or] information

9-19  contained in a record of criminal history.

9-20      2.  Each such agency shall adopt regulations and make available

9-21  necessary forms to permit inspection and review of information

9-22  relating to [sexual offenses or] other records of criminal history by

9-23  those persons who are the subjects thereof. The regulations must

9-24  specify:

9-25      (a) The reasonable periods during which the records are

9-26  available for inspection;

9-27      (b) The requirements for proper identification of the persons

9-28  seeking access to the records; and

9-29      (c) The reasonable charges or fees, if any, for inspecting records.

9-30      3.  Each such agency shall procure for and furnish to any person

9-31  who requests it and pays a reasonable fee therefor, all of the

9-32  information contained in the Central Repository which pertains to

9-33  the person making the request.

9-34      4.  The Director of the Department shall adopt regulations

9-35  governing:

9-36      (a) All challenges to the accuracy or sufficiency of information

9-37  relating to [sexual offenses or other] records of criminal history by

9-38  the person who is the subject of the allegedly inaccurate or

9-39  insufficient record;

9-40      (b) The correction of any information relating to [sexual

9-41  offenses or other record] records of criminal history found by the

9-42  Director to be inaccurate, insufficient or incomplete in any material

9-43  respect;

10-1      (c) The dissemination of corrected information to those persons

10-2  or agencies which have previously received inaccurate or

10-3  incomplete information; and

10-4      (d) A time limit of not more than 90 days within which

10-5  inaccurate or insufficient information relating to [sexual offenses or

10-6  other] records of criminal history must be corrected and the

10-7  corrected information disseminated. The corrected information must

10-8  be sent to each person who requested the information in the 12

10-9  months preceding the date on which the correction was made, and

10-10  notice of the correction must be sent to each person entitled thereto

10-11  pursuant to NRS 179A.210, to the address given by each person

10-12  who requested the information when the request was made.

10-13     Sec. 9.  NRS 179A.180 is hereby amended to read as follows:

10-14     179A.180  As used in NRS 179A.180 to 179A.240, inclusive,

10-15  unless the context otherwise requires:

10-16     1.  “Employee” means a person who renders time and services

10-17  to an employer, with or without compensation, and whose regular

10-18  course of duties places that person in a position to:

10-19     (a) Exercise supervisory or disciplinary control over children;

10-20     (b) Have direct access to or contact with children served by the

10-21  employer; or

10-22     (c) Have access to information or records maintained by the

10-23  employer relating to identifiable children served by the

10-24  employer,

10-25  and includes a prospective employee, [but does not include a]

10-26  volunteer or prospective volunteer.

10-27     2.  “Employer” means a person, or a governmental agency or

10-28  political subdivision of this state that is not an agency of criminal

10-29  justice, whose employees regularly render services to children,

10-30  including , without limitation , care, treatment, transportation,

10-31  instruction, companionship, entertainment and custody.

10-32     Sec. 10.  NRS 179A.190 is hereby amended to read as follows:

10-33     179A.190  1.  Notice of information relating to [sexual] the

10-34  offenses listed in subsection 4 may be disseminated to employers

10-35  pursuant to NRS 179A.180 to 179A.240, inclusive.

10-36     2.  An employer may consider such a notice of information

10-37  concerning an employee when making a decision to hire, retain,

10-38  suspend or discharge the employee, and is not liable in an action

10-39  alleging discrimination based upon consideration of information

10-40  obtained pursuant to NRS 179A.180 to 179A.240, inclusive.

10-41     3.  The provisions of NRS 179A.180 to 179A.240, inclusive, do

10-42  not limit or restrict any other statute specifically permitting the

10-43  dissemination or release of information relating to [sexual offenses.]

10-44  the offenses listed in subsection 4.

11-1      4.  The offenses for which a notice of information may be

11-2  disseminated pursuant to subsection 1 includes information

11-3  contained in or concerning a record of criminal history, or the

11-4  records of criminal history of the United States or another state,

11-5  relating in any way to:

11-6      (a) A sexual offense;

11-7      (b) Murder, voluntary manslaughter or mayhem;

11-8      (c) Assault with intent to kill or to commit mayhem;

11-9      (d) Abuse or neglect of a child or contributory delinquency;

11-10     (e) A violation of any provision of chapter 453 of NRS;

11-11     (f) A violation committed within the immediately preceding 7

11-12  years of any federal or state law regulating the possession,

11-13  distribution or use of any controlled substance or any dangerous

11-14  drug as defined in chapter 454 of NRS;

11-15     (g) A violation of any provision of NRS 200.5099;

11-16     (h) A violation of any provision of NRS 484.379 or 484.3795;

11-17     (i) Any offense committed within the immediately preceding 7

11-18  years involving fraud, theft, embezzlement, burglary, robbery,

11-19  fraudulent conversion or misappropriation of property; or

11-20     (j) Any other felony committed within the immediately

11-21  preceding 7 years involving the use of a firearm or other deadly

11-22  weapon.

11-23     5.  The information described in subsection 4 includes acts

11-24  committed outside this state that would constitute any of the

11-25  offenses listed in that subsection if committed in this state, and

11-26  the aiding, abetting, attempting or conspiring to engage in any of

11-27  the offenses listed in that subsection.

11-28     Sec. 11.  NRS 179A.200 is hereby amended to read as follows:

11-29     179A.200  1.  An employer may request from the Central

11-30  Repository notice of information relating to [sexual] the offenses

11-31  listed in subsection 4 of NRS 179A.190 concerning an employee.

11-32     2.  A request for notice of information relating to [sexual] the

11-33  offenses listed in subsection 4 of NRS 179A.190 from an employer

11-34  must conform to the requirements of the Central Repository. The

11-35  request must include:

11-36     (a) The name and address of the employer, and the name and

11-37  signature of the person requesting the notice on behalf of the

11-38  employer;

11-39     (b) The name and address of the employer’s facility in which the

11-40  employee is employed or seeking to become employed;

11-41     (c) The name, fingerprints and other identifying information of

11-42  the employee;

11-43     (d) Signed consent by the employee to a search of information

11-44  relating to [sexual] the offenses listed in subsection 4 of NRS

12-1  179A.190 concerning him, and for the release of a notice concerning

12-2  that information;

12-3      (e) The mailing address of the employee or a signed waiver of

12-4  the right of the employee to be sent a copy of the information

12-5  disseminated to the employer as a result of the search of the records

12-6  of criminal history; and

12-7      (f) The signature of the employee indicating that he has been

12-8  notified of:

12-9          (1) The types of information for which notice is subject to

12-10  dissemination pursuant to NRS 179A.210, or a description of the

12-11  information;

12-12         (2) The employer’s right to require a check of the records of

12-13  criminal history as a condition of employment; and

12-14         (3) The employee’s right, pursuant to NRS 179A.150, to

12-15  challenge the accuracy or sufficiency of any information

12-16  disseminated to the employer.

12-17     Sec. 12.  NRS 179A.210 is hereby amended to read as follows:

12-18     179A.210  1.  Upon receipt of a request from an employer for

12-19  notice of information relating to [sexual offenses,] the offenses

12-20  listed in subsection 4 of NRS 179A.190, the Central Repository

12-21  shall undertake a search for the information, unless the request does

12-22  not conform to the requirements of the Repository. The search must

12-23  be based on the [employee’s fingerprints,] fingerprints of the

12-24  employee, or on a number furnished to the employee for

12-25  identification pursuant to a previous search, as provided by the

12-26  employer, and must include:

12-27     (a) Identifying any information relating to [sexual] the offenses

12-28  listed in subsection 4 of NRS 179A.190 concerning the employee in

12-29  the Central Repository;

12-30     (b) Requesting information relating to [sexual] the offenses

12-31  listed in subsection 4 of NRS 179A.190 concerning the employee

12-32  from federal repositories and repositories of other states, if

12-33  authorized by federal law or an agreement entered into pursuant to

12-34  NRS 179A.075;

12-35     (c) If the information pertains to an arrest for which no

12-36  disposition has been reported, contacting appropriate officers in the

12-37  local jurisdiction where the arrest or prosecution occurred to verify

12-38  and update the information; and

12-39     (d) Determining whether the information relating to [sexual] the

12-40  offenses listed in subsection 4 of NRS 179A.190 is the type of

12-41  information for which notice is subject to dissemination pursuant to

12-42  this section.

12-43     2.  Notice of information relating to [sexual] the offenses listed

12-44  in subsection 4 of NRS 179A.190 may be disseminated to an

13-1  employer who has requested it only if a check of the pertinent

13-2  records indicates:

13-3      (a) A conviction for [a sexual] any such offense, or a conviction

13-4  based on an arrest or on an initial charge for [a sexual] any such

13-5  offense;

13-6      (b) An arrest or an initial charge for [a sexual] any such offense

13-7  that is pending at the time of the request; or

13-8      (c) Two or more incidents resulting in arrest or initial charge for

13-9  [a sexual] any such offense that have not resulted in a conviction.

13-10     3.  If a search of the records of the Central Repository reveals

13-11  no information for which notice is subject to release, the Central

13-12  Repository shall submit the fingerprints of the employee to the

13-13  Federal Bureau of Investigation for a search of its records of

13-14  criminal history. The Central Repository shall review all

13-15  information received from the Federal Bureau of Investigation.

13-16  Notice of any information received from the Federal Bureau of

13-17  Investigation may be disseminated only if the information is of a

13-18  kind for which notice is subject to release pursuant to this section.

13-19     4.  Within 30 days after receipt of a request by an employer for

13-20  notice of information relating to [sexual offenses,] the offenses

13-21  listed in subsection 4 of NRS 179A.190, the Central Repository

13-22  shall send a written report of the results of the search to the

13-23  employer and to the employee, except that if the employee has

13-24  waived his right to receive the results of the search, the report must

13-25  be sent only to the employer. If the search revealed:

13-26     (a) No information for which notice is subject to release, the

13-27  report must include a statement to that effect; or

13-28     (b) Information about the employee for which notice is subject

13-29  to release, the report must include a notice of the type of

13-30  information, limited to the descriptions set forth in subsection 2,

13-31  revealed by the search. The notice must not include any further facts

13-32  or details concerning the information. A statement of the purpose for

13-33  which the notice is being disseminated, and the procedures by which

13-34  the employee might challenge the accuracy and sufficiency of the

13-35  information, must also be included with the report.

13-36     5.  Upon receipt of corrected information relating to [sexual]

13-37  the offenses listed in subsection 4 of NRS 179A.190 for which

13-38  notice was disseminated under this section, the Central Repository

13-39  shall send written notice of the correction to:

13-40     (a) The employee who was the subject of the search, unless the

13-41  employee has waived his right to receive such a notice;

13-42     (b) All employers to whom notice of the results of the search

13-43  were disseminated within 3 months before the correction; and

13-44     (c) Upon request of the employee, any other employers who

13-45  previously received the information.

14-1      6.  Upon receipt of new information relating to [sexual] the

14-2  offenses listed in subsection 4 of NRS 179A.190 concerning an

14-3  employee who was the subject of a search within the previous 3

14-4  months, for which notice is subject to dissemination under this

14-5  section, the Central Repository shall send written notice of the

14-6  information to:

14-7      (a) The employee who was the subject of the search, unless the

14-8  employee has waived his right to receive such a notice;

14-9      (b) All employers to whom a report of the results of the search

14-10  were disseminated within 3 months before the correction; and

14-11     (c) Upon request of the employee, any other employers who

14-12  previously received a report of the results of the search.

14-13     Sec. 13.  NRS 179A.230 is hereby amended to read as follows:

14-14     179A.230  1.  A person who is the subject of a request for

14-15  notice of information [relating to sexual offenses] pursuant to NRS

14-16  179A.180 to 179A.240, inclusive, may recover his actual damages

14-17  in a civil action against:

14-18     (a) The Central Repository for an intentional or grossly

14-19  negligent:

14-20         (1) Dissemination of information relating to [sexual] the

14-21  offenses listed in subsection 4 of NRS 179A.190 not authorized for

14-22  dissemination; or

14-23         (2) Release of information relating to [sexual] the offenses

14-24  listed in subsection 4 of NRS 179A.190 to a person not authorized

14-25  to receive the information;

14-26     (b) The Central Repository for an intentional or grossly

14-27  negligent failure to correct any notice of information relating to

14-28  [sexual] the offenses listed in subsection 4 of NRS 179A.190 which

14-29  was disseminated pursuant to NRS 179A.180 to 179A.240,

14-30  inclusive; or

14-31     (c) An employer, representative of an employer or employee for

14-32  an intentional or grossly negligent violation of NRS 179A.110.

14-33  Punitive damages may be awarded against an employer,

14-34  representative of an employer or employee whose violation of NRS

14-35  179A.110 is malicious.

14-36     2.  An employer is liable to a child served by the employer for

14-37  damages suffered by the child as a result of [a sexual] an offense

14-38  listed in subsection 4 of NRS 179A.190 committed against the child

14-39  by an employee [hired on or after January 1, 1988,] if, at the time

14-40  the employer hired the employee, the employee was the subject of

14-41  information relating to [sexual] the offenses for which notice was

14-42  available for dissemination to the employer and the employer:

14-43     (a) Failed, without good cause, to request notice of the

14-44  information pursuant to NRS 179A.180 to 179A.240, inclusive; or

15-1      (b) Was unable to obtain the information because the employee

15-2  refused to consent to the search and release of the information, and

15-3  the employer hired or retained the employee despite this

15-4  refusal.

15-5  The amount of damages for which an employer is liable pursuant to

15-6  this subsection must be reduced by the amount of damages

15-7  recovered by the child in an action against the employee for

15-8  damages sustained as a result of [the sexual offense.] an offense

15-9  listed in subsection 4 of NRS 179A.190.

15-10     3.  An action pursuant to this section must be brought within 3

15-11  years after:

15-12     (a) The occurrence upon which the action is based; or

15-13     (b) The date upon which the party bringing the action became

15-14  aware or reasonably should have become aware of the occurrence,

15-15  whichever was earlier, if he was not aware of the occurrence at the

15-16  time of the occurrence.

15-17     4.  This section does not limit or affect any other rights, claims

15-18  or causes of action arising by statute or common law.

15-19     5.  For the purposes of subsection 2:

15-20     (a) “Employee” does not include a volunteer or prospective

15-21  volunteer.

15-22     (b) In any civil action brought against an employer with

15-23  respect to a volunteer or prospective volunteer, the fact that the

15-24  employer did not request notice of information relating to the

15-25  offenses listed in subsection 4 of NRS 179A.190 pursuant to NRS

15-26  179A.180 to 179A.240, inclusive, must not be considered as

15-27  evidence of negligence or causation.

15-28     Sec. 14.  NRS 179A.240 is hereby amended to read as follows:

15-29     179A.240  A person who knowingly and willfully:

15-30     1.  Uses NRS 179A.180 to 179A.240, inclusive, to obtain or

15-31  seek to obtain information relating to [sexual] the offenses listed in

15-32  subsection 4 of NRS 179A.190 under false pretenses;

15-33     2.  Disseminates or attempts to disseminate information relating

15-34  to [sexual] the offenses listed in subsection 4 of NRS 179A.190 that

15-35  he knows was not received in accordance with the provisions of this

15-36  chapter; or

15-37     3.  Disseminates or attempts to disseminate information relating

15-38  to [sexual] the offenses listed in subsection 4 of NRS 179A.190 that

15-39  he knows is false, inaccurate or incomplete,

15-40  is guilty of a misdemeanor.

15-41     Sec. 15.  NRS 179A.310 is hereby amended to read as follows:

15-42     179A.310  1.  The revolving Account to Investigate the

15-43  Background of Volunteers Who Work With Children is hereby

15-44  created in the State General Fund.

16-1      2.  The Director of the Department shall administer the Account

16-2  to Investigate the Background of Volunteers Who Work With

16-3  Children. The money in the Account must be expended only to pay

16-4  the costs of the Central Repository to process requests from

16-5  nonprofit agencies to determine whether a volunteer of a nonprofit

16-6  agency who works directly with children or a prospective volunteer

16-7  of the nonprofit agency who will work directly with children has

16-8  committed [a sexual offense.] an offense listed in subsection 4 of

16-9  NRS 179A.190. The existence of the Account to Investigate the

16-10  Background of Volunteers Who Work With Children does not

16-11  create a right in any person to receive money from the Account.

16-12     3.  The Director of the Department may apply for and accept

16-13  any gift, donation, bequest, grant or other source of money. Any

16-14  money so received must be deposited in the Account to Investigate

16-15  the Background of Volunteers Who Work With Children.

16-16     4.  The interest and income earned on money in the Account

16-17  from any gift, donation[,] or bequest, after deducting any applicable

16-18  charges, must be credited to the Account. Money from any gift,

16-19  donation[,] or bequest that remains in the Account at the end of the

16-20  fiscal year does not revert to the State General Fund, and the balance

16-21  in the Account must be carried forward to the next fiscal year.

16-22     5.  The Director of the Department shall adopt regulations to

16-23  carry out the provisions of this section. The regulations must

16-24  include, without limitation:

16-25     (a) The procedure by which a person may apply for a grant of

16-26  money from the Account to Investigate the Background of

16-27  Volunteers Who Work With Children;

16-28     (b) The criteria that the Department will consider in determining

16-29  whether to award such a grant of money from the Account; and

16-30     (c) Procedures to distribute the money in the Account in a fair

16-31  and equitable manner.

16-32     6.  The following facts must not be considered as evidence of

16-33  negligence or causation in any civil action brought against a

16-34  nonprofit agency:

16-35     (a) The fact that the nonprofit agency did not apply for a grant of

16-36  money from the Account.

16-37     (b) The fact that the nonprofit agency did not request that the

16-38  Central Repository, through the use of the Account, determine

16-39  whether a volunteer or prospective volunteer of the nonprofit agency

16-40  has committed [a sexual offense.] an offense listed in subsection 4

16-41  of NRS 179A.190.

16-42     Sec. 16.  NRS 179B.250 is hereby amended to read as follows:

16-43     179B.250  1.  The Department shall, in a manner prescribed

16-44  by the Director, establish within the Central Repository a program to

16-45  provide the public with access to certain information contained in

17-1  the statewide registry. The program may include, but is not limited

17-2  to, the use of a secure website on the Internet or other electronic

17-3  means of communication to provide the public with access to certain

17-4  information contained in the statewide registry if such information is

17-5  made available and disclosed in accordance with the procedures set

17-6  forth in this section.

17-7      2.  Before a search of the statewide registry is conducted on

17-8  behalf of a requester seeking information from the program, the

17-9  requester must provide his name, address and telephone number and

17-10  the following information concerning the identity of the subject of

17-11  the search:

17-12     (a) The name of the subject of the search and at least one of the

17-13  following items:

17-14         (1) The social security number of the subject of the search;

17-15         (2) The identification number from a driver’s license or an

17-16  identification card issued to the subject of the search by this state; or

17-17         (3) The date of birth of the subject of the search; or

17-18     (b) The name and address of the subject of the search and all of

17-19  the following items:

17-20         (1) The race or ethnicity of the subject of the search;

17-21         (2) The hair color and eye color of the subject of the search;

17-22         (3) The approximate height and weight of the subject of the

17-23  search; and

17-24         (4) The approximate age of the subject of the search.

17-25  After conducting a search based upon information provided

17-26  pursuant to paragraph (a) or (b), the Central Repository may require

17-27  the requester to provide additional information to confirm the

17-28  identity of the subject of the search. The additional information may

17-29  include, but is not limited to, the license number from a motor

17-30  vehicle frequently driven by the subject of the search, the employer

17-31  of the subject of the search or any information listed in paragraph

17-32  (a) or (b) that was not provided for the initial search.

17-33     3.  After conducting a search of the statewide registry on behalf

17-34  of a requester, the Central Repository shall inform the requester that:

17-35     (a) No person listed in the statewide registry matches the

17-36  information provided by the requester concerning the identity of the

17-37  subject of the search;

17-38     (b) The requester needs to provide additional information

17-39  concerning the identity of the subject of the search before the

17-40  Central Repository may disclose the results of the search; or

17-41     (c) A person listed in the statewide registry matches the

17-42  information provided by the requester concerning the identity of the

17-43  subject of the search. If a search of the statewide registry results in a

17-44  match pursuant to this paragraph, the Central Repository:

18-1          (1) Shall inform the requester of each offense for which the

18-2  subject of the search was convicted and the date and location of

18-3  each conviction.

18-4          (2) May, through the use of a secure website on the Internet

18-5  or other electronic means of communication, provide the requester

18-6  with a photographic image of the subject of the search if such an

18-7  image is available.

18-8          (3) Shall not provide the requester with any other

18-9  information that is included in the record of registration for the

18-10  subject of the search.

18-11     4.  For each inquiry to the program, the Central Repository

18-12  shall:

18-13     (a) Charge a fee to the requester;

18-14     (b) Maintain a log of the information provided by the requester

18-15  to the Central Repository and the information provided by the

18-16  Central Repository to the requester; and

18-17     (c) Inform the requester that information obtained through the

18-18  program may not be used to violate the law or the individual rights

18-19  of another person and that such misuse of information obtained

18-20  through the program may subject the requester to criminal

18-21  prosecution or civil liability for damages.

18-22     5.  A person may not use information obtained through the

18-23  program as a substitute for information relating to [sexual] the

18-24  offenses listed in subsection 4 of NRS 179A.190 that must be

18-25  provided by the Central Repository pursuant to NRS 179A.180 to

18-26  179A.240, inclusive, or another provision of law.

18-27     Sec. 17.  NRS 179A.065 and 179B.120 are hereby repealed.

18-28     Sec. 18.  This act becomes effective on July 1, 2003.

 

 

18-29  TEXT OF REPEALED SECTIONS

 

18-30     179A.065  “Information relating to sexual offenses” defined. 

18-31  “Information relating to sexual offenses” means information

18-32  contained in or concerning a record of criminal history, or the

18-33  records of criminal history of the United States or another state,

18-34  relating in any way to a sexual offense.

18-35     179B.120  “Sexual offense” defined. “Sexual offense” has

18-36  the meaning ascribed to it in NRS 179D.410.

 

18-37  H