Senate Bill No. 85–Committee on Human
Resources and Facilities

 

(On Behalf of the Clark County
School District)

 

February 11, 2003

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Provides school districts with access to information relating to disposition of certain drug offenses for purposes of employment and discipline. (BDR 40‑451)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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

 

AN ACT relating to schools; providing school districts with access to information relating to the disposition of certain drug offenses for purposes of employment and discipline; 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 453.3363 is hereby amended to read as

1-2  follows:

1-3  453.3363  1.  If a person who has not previously been

1-4  convicted of any offense pursuant to NRS 453.011 to 453.552,

1-5  inclusive, or pursuant to any statute of the United States or of any

1-6  state relating to narcotic drugs, marijuana, or stimulant, depressant

1-7  or hallucinogenic substances tenders a plea of guilty, guilty but

1-8  mentally ill, nolo contendere or similar plea to a charge pursuant to

1-9  subsection 2 or 3 of NRS 453.336, NRS 453.411 or 454.351, or is

1-10  found guilty of one of those charges, the court, without entering a

1-11  judgment of conviction and with the consent of the accused, may

1-12  suspend further proceedings and place him on probation upon terms

2-1  and conditions that must include attendance and successful

2-2  completion of an educational program or, in the case of a person

2-3  dependent upon drugs, of a program of treatment and rehabilitation

2-4  pursuant to NRS 453.580.

2-5  2.  Upon violation of a term or condition, the court may enter a

2-6  judgment of conviction and proceed as provided in the section

2-7  pursuant to which the accused was charged. Notwithstanding the

2-8  provisions of paragraph (e) of subsection 2 of NRS 193.130, upon

2-9  violation of a term or condition, the court may order the person to

2-10  the custody of the Department of Corrections.

2-11      3.  Upon fulfillment of the terms and conditions, the court shall

2-12  discharge the accused and dismiss the proceedings against him. A

2-13  nonpublic record of the dismissal must be transmitted to and

2-14  retained by the Division of Parole and Probation of the Department

2-15  of Public Safety solely for the use of the courts in determining

2-16  whether, in later proceedings, the person qualifies under this section.

2-17      4.  Except as otherwise provided in [subsection 5,] subsections

2-18  5 and 6, discharge and dismissal under this section is without

2-19  adjudication of guilt and is not a conviction for purposes of this

2-20  section or for purposes of employment, civil rights or any statute or

2-21  regulation or license or questionnaire or for any other public or

2-22  private purpose, but is a conviction for the purpose of additional

2-23  penalties imposed for second or subsequent convictions or the

2-24  setting of bail. Discharge and dismissal restores the person

2-25  discharged, in the contemplation of the law, to the status occupied

2-26  before the arrest, indictment or information. He may not be held

2-27  thereafter under any law to be guilty of perjury or otherwise giving a

2-28  false statement by reason of failure to recite or acknowledge that

2-29  arrest, indictment, information or trial in response to an inquiry

2-30  made of him for any purpose. Discharge and dismissal under this

2-31  section may occur only once with respect to any person.

2-32      5.  A professional licensing board may consider a proceeding

2-33  under this section in determining suitability for a license or liability

2-34  to discipline for misconduct. Such a board is entitled for those

2-35  purposes to a truthful answer from the applicant or licensee

2-36  concerning any such proceeding with respect to him.

2-37      6.  The board of trustees of a school district may consider a

2-38  proceeding under this section in determining suitability for

2-39  employment or liability to discipline for misconduct. Such a board

2-40  of trustees is entitled for those purposes to a truthful answer from

2-41  the applicant or employee concerning any such proceeding with

2-42  respect to him.

2-43      Sec. 2.  NRS 453.3365 is hereby amended to read as follows:

2-44      453.3365  1.  Three years after a person is convicted and

2-45  sentenced pursuant to subsection 3 of NRS 453.336, the court may

3-1  order sealed all documents, papers and exhibits in that person’s

3-2  record, minute book entries and entries on dockets, and other

3-3  documents relating to the case in the custody of such other agencies

3-4  and officers as are named in the court’s order, if the:

3-5  (a) Person fulfills the terms and conditions imposed by the court

3-6  and the parole and probation officer; and

3-7  (b) Court, after a hearing, is satisfied that the person is

3-8  rehabilitated.

3-9  2.  Except as limited by [subsection 4,] subsections 4 and 5, 3

3-10  years after an accused is discharged from probation pursuant to NRS

3-11  453.3363, the court shall order sealed all documents, papers and

3-12  exhibits in that person’s record, minute book entries and entries on

3-13  dockets, and other documents relating to the case in the custody of

3-14  such other agencies and officers as are named in the court’s order if

3-15  the person fulfills the terms and conditions imposed by the court and

3-16  the Division of Parole and Probation of the Department of Public

3-17  Safety. The court shall order those records sealed without a hearing

3-18  unless the Division of Parole and Probation petitions the court, for

3-19  good cause shown, not to seal the records and requests a hearing

3-20  thereon.

3-21      3.  If the court orders sealed the record of a person discharged

3-22  pursuant to NRS 453.3363, it shall send a copy of the order to each

3-23  agency or officer named in the order. Each such agency or officer

3-24  shall notify the court in writing of its compliance with the order.

3-25      4.  A professional licensing board is entitled, for the purpose of

3-26  determining suitability for a license or liability to discipline for

3-27  misconduct, to inspect and to copy from a record sealed pursuant to

3-28  this section.

3-29      5.  The board of trustees of a school district is entitled, for the

3-30  purpose of determining suitability for employment or liability to

3-31  discipline for misconduct, to inspect and to copy from a record

3-32  sealed pursuant to this section.

3-33      Sec. 3.  This act becomes effective upon passage and approval.

 

3-34  H