USA Statutes : nevada
Title : Title 14 - PROCEDURE IN CRIMINAL CASES
Chapter : CHAPTER 179A - RECORDS OF CRIMINAL HISTORY AND INFORMATION RELATING TO PUBLIC SAFETY
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 179A.020
to 179A.073 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1979, 1850; A 1987, 1764; 2005, 2864 )
“Administration of criminal justice” means detection, apprehension,
detention, release pending trial or after trial, prosecution,
adjudication, correctional supervision or rehabilitation of accused
persons or criminal offenders, and includes criminal identification
activities and the collection, storage and dissemination of records of
criminal history.
(Added to NRS by 1979, 1850)
“Agency of
criminal justice” means:
1. Any court; and
2. Any governmental agency which performs a function in the
administration of criminal justice pursuant to a statute or executive
order, and which allocates a substantial part of its budget to a function
in the administration of criminal justice.
(Added to NRS by 1979, 1850)
“Central Repository”
means the Central Repository for Nevada Records of Criminal History.
(Added to NRS by 1985, 912)
“Child” means a person under the
age of 16 years.
(Added to NRS by 1987, 1760)
“Department” means the
Department of Public Safety.
(Added to NRS by 1987, 1760; A 2001, 2574 )
“Disposition” means the
formal conclusion of a criminal proceeding at any point in the
administration of criminal justice which shows the nature of the
conclusion.
(Added to NRS by 1979, 1850)
“Dissemination” means
disclosing records of criminal history or the absence of records of
criminal history to a person or agency outside the organization which has
control of the information.
(Added to NRS by 1979, 1850; A 1985, 912)
[Effective July 1, 2006.] “Offender convicted of a crime
against a child” has the meaning ascribed to it in NRS 179D.216 .
(Added to NRS by 2005, 2864 )
1. “Record of criminal history” means information contained in
records collected and maintained by agencies of criminal justice, the
subject of which is a natural person, consisting of descriptions which
identify the subject and notations of summons in a criminal action,
warrants, arrests, citations for misdemeanors issued pursuant to NRS
171.1773 , citations issued for
violations of NRS 484.379 , 484.3795 and 484.37955 , detentions, decisions of a district attorney or the
Attorney General not to prosecute the subject, indictments, informations
or other formal criminal charges and dispositions of charges, including,
without limitation, dismissals, acquittals, convictions, sentences,
information set forth in NRS 209.353
concerning an offender in prison, any postconviction relief, correctional
supervision occurring in Nevada, information concerning the status of an
offender on parole or probation, and information concerning a convicted
person who has registered as such pursuant to chapter 179C of NRS. The term includes only information
contained in a record, maintained in written or electronic form, of a
formal transaction between a person and an agency of criminal justice in
this State, including, without limitation, the fingerprints of a person
who is arrested and taken into custody and of a person who is placed on
parole or probation and supervised by the Division of Parole and
Probation of the Department.
2. “Record of criminal history” does not include:
(a) Investigative or intelligence information, reports of crime or
other information concerning specific persons collected in the course of
the enforcement of criminal laws;
(b) Information concerning juveniles;
(c) Posters, announcements or lists intended to identify fugitives
or wanted persons and aid in their apprehension;
(d) Original records of entry maintained by agencies of criminal
justice if the records are chronological and not cross-indexed;
(e) Records of application for and issuance, suspension, revocation
or renewal of occupational licenses, including, without limitation,
permits to work in the gaming industry;
(f) Except as otherwise provided in subsection 1, court indexes and
records of public judicial proceedings, court decisions and opinions, and
information disclosed during public judicial proceedings;
(g) Except as otherwise provided in subsection 1, records of
traffic violations constituting misdemeanors;
(h) Records of traffic offenses maintained by the Department to
regulate the issuance, suspension, revocation or renewal of drivers’ or
other operators’ licenses;
(i) Announcements of actions by the State Board of Pardons
Commissioners and the State Board of Parole Commissioners, except
information concerning the status of an offender on parole or probation;
or
(j) Records which originated in an agency other than an agency of
criminal justice in this State.
(Added to NRS by 1979, 1850; A 1985, 1977; 1987, 1764; 1995, 2069;
1997, 1327; 1999, 2089 ; 2005, 164 )
[Effective July 1,
2006.] “Record of registration” has the meaning ascribed to it in NRS
179D.150 .
(Added to NRS by 2005, 2864 )
[Effective July 1, 2006.]
“Sex offender” has the meaning ascribed to it in NRS 179D.400 .
(Added to NRS by 2005, 2864 )
1. “Sexual offense” includes acts upon a child constituting:
(a) Sexual assault under NRS 200.366 ;
(b) Statutory sexual seduction under NRS 200.368 ;
(c) Use of a minor in producing pornography under NRS 200.710
;
(d) Promotion of a sexual performance of a minor under NRS 200.720
;
(e) Possession of a visual presentation depicting the sexual
conduct of a child under NRS 200.730 ;
(f) Incest under NRS 201.180 ;
(g) Solicitation of a minor to engage in the infamous crime against
nature under NRS 201.195 ;
(h) Lewdness with a child under NRS 201.230 ; or
(i) Luring a child or mentally ill person pursuant to NRS 201.560
, if punished as a felony.
2. “Sexual offense” also includes acts committed outside the State
that would constitute any of the offenses in subsection 1 if committed in
the State, and the aiding, abetting, attempting or conspiring to engage
in any of the offenses in subsection 1.
(Added to NRS by 1987, 1760; A 2001, 2794 ; 2003, 1388 )
CENTRAL REPOSITORY FOR NEVADA RECORDS OF CRIMINAL HISTORY
1. The Central Repository for Nevada Records of Criminal History
is hereby created within 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 approved by the Director of the Department.
3. Each agency of criminal justice shall submit the information
relating to records of criminal history that it creates or issues, and
any information in its possession relating to the genetic markers of a
biological specimen of a person who is convicted of an offense listed in
subsection 4 of NRS 176.0913 , to the
Department:
(a) Through an electronic network;
(b) On a medium of magnetic storage; or
(c) In the manner prescribed by the Director of the Department,
Ê within the period prescribed by the Director of the Department. 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 Department. The Department shall delete all
references in the Central Repository relating to that particular arrest.
4. The Department shall, in the manner prescribed by the Director
of the Department:
(a) Collect, maintain and arrange all information submitted to it
relating to:
(1) Records of criminal history; and
(2) The genetic markers of a biological specimen of a person
who is convicted of an offense listed in subsection 4 of NRS 176.0913
.
(b) When practicable, use a record of the personal identifying
information of a subject as the basis for any records maintained
regarding him.
(c) Upon request, provide the information that is contained in the
Central Repository to the State Disaster Identification Team of the
Division of Emergency Management of the Department.
5. The Department 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 information that may be
disseminated pursuant to paragraph (a); and
(c) Request of and receive from the Federal Bureau of Investigation
information on the background and personal history of any person whose
record of fingerprints the Central Repository submits to the Federal
Bureau of Investigation and:
(1) Who has applied to any agency of the State of Nevada or
any political subdivision thereof for a license which it has the power to
grant or deny;
(2) With whom any agency of the State of Nevada or any
political subdivision thereof intends to enter into a relationship of
employment or a contract for personal services;
(3) Who has applied to any agency of the State of Nevada or
any political subdivision thereof to attend an academy for training peace
officers approved by the Peace Officers’ Standards and Training
Commission;
(4) For whom such information is required to be obtained
pursuant to NRS 449.179 ; or
(5) About whom any agency of the State of Nevada or any
political subdivision thereof has a legitimate need to have accurate
personal information for the protection of the agency or the persons
within its jurisdiction.
Ê To request and receive information from the Federal Bureau of
Investigation concerning a person pursuant to this subsection, the
Central Repository must receive the person’s complete set of fingerprints
from the agency or political subdivision and submit the fingerprints to
the Federal Bureau of Investigation for its report.
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, charter school
or private school for employment; or
(3) Is employed by a county school district, charter school
or private school,
Ê and notify the superintendent of each county school district, the
governing body of each charter school and the Superintendent of Public
Instruction, or the administrator of each private school, as appropriate,
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, the governing body of each charter school or the administrator
of each private school, as appropriate, by providing the superintendent,
governing body or administrator with a list of all persons:
(1) Investigated pursuant to paragraph (d); or
(2) Employed by a county school district, charter school or
private school whose fingerprints were sent previously to the Central
Repository for investigation,
Ê 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, the governing body of a
charter school or the administrator of each private school, as
applicable, shall determine whether further investigation or action by
the district, charter school or private school, as applicable, is
appropriate.
(f) Investigate the criminal history of each person who submits
fingerprints or has his fingerprints submitted pursuant to NRS 449.176
or 449.179 .
(g) 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 approved by the Director of the Department.
(h) On or before July 1 of each year, prepare and submit to the
Director of the Legislative Counsel Bureau, for submission to the
Legislature, or the Legislative Commission when the Legislature is not in
regular session, a report containing statistical data about domestic
violence in this State.
(i) Identify and review the collection and processing of
statistical data relating to criminal justice and the 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) In the manner prescribed by the Director of the Department,
disseminate compilations of statistical data and publish statistical
reports relating to crime or the 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, any other agency dealing with crime or the delinquency of
children which is required to submit information pursuant to subsection 2
or the State Disaster Identification Team of the Division of Emergency
Management of the Department. All money collected pursuant to this
paragraph must be used to pay for the cost of operating the Central
Repository.
(c) In the manner prescribed by the Director of the Department, use
electronic means to receive and disseminate information contained in the
Central Repository that it is authorized to disseminate pursuant to the
provisions of this chapter.
8. As used in this section:
(a) “Personal identifying information” means any information
designed, commonly used or capable of being used, alone or in conjunction
with any other information, to identify a person, including, without
limitation:
(1) The name, driver’s license number, social security
number, date of birth and photograph or computer-generated image of a
person; and
(2) The fingerprints, voiceprint, retina image and iris
image of a person.
(b) “Private school” has the meaning ascribed to it in NRS 394.103
.
(Added to NRS by 1985, 912; A 1987, 666, 1765; 1989, 376, 559, 564;
1991, 825; 1995, 1910; 1997, 445, 1535, 3259, 3266; 1999, 459 , 463 , 1251 , 2090 , 2097 , 3123 , 3135 ; 2001, 146 , 1853 , 3034 , 3038 ; 2003, 2834 ; 2005, 17 , 900 , 2421 )
The Director of the Department shall establish within the
Central Repository a Uniform Program for Reporting Crimes that is
designed to collect statistical data relating to crime or delinquency of
children and to facilitate the collection and analysis of statistical
data relating to crime at a central location.
(Added to NRS by 1991, 824; A 1993, 362; 1997, 454; 2005, 903
)
1. The Director of the Department shall establish within the
Department the Advisory Committee on Nevada Criminal Justice Information
Sharing.
2. The Advisory Committee consists of:
(a) The Director of the Department or his designee;
(b) The Attorney General or his designee;
(c) The Director of the Department of Corrections or his designee;
(d) One member who is a representative of the Judicial Branch of
State Government, appointed by the Chief Justice of the Supreme Court;
(e) One member appointed by the Nevada Sheriffs’ and Chiefs’
Association, or a successor organization;
(f) One member appointed by the Nevada District Attorneys
Association, or a successor organization;
(g) One member appointed by the Director of the Department who uses
the Central Repository to obtain information relating to records of
criminal history for purposes other than criminal justice, which may
include, without limitation, for purposes of determining eligibility of
persons for employment or licensure;
(h) One member of the Senate appointed by the Majority Leader of
the Senate; and
(i) One member of the Assembly appointed by the Speaker of the
Assembly.
3. The Advisory Committee shall:
(a) Recommend policies and procedures that apply the best
management practices to the activities at the Central Repository;
(b) Advise on technological support for the Central Repository; and
(c) Advise on the integrated information sharing of statistical
data relating to crime or the delinquency of children.
4. Each member that is appointed to the Advisory Committee
pursuant to subsection 2, other than a member of the Senate or the
Assembly, shall serve a term of 3 years. A member of the Senate and the
Assembly appointed to the Advisory Committee shall serve until a
replacement is appointed. Any vacancy occurring in the membership of the
Advisory Committee must be filled in the same manner as the original
appointment.
5. The Advisory Committee shall meet twice annually.
6. The Director may assign such other employees of the Department
as he deems necessary to assist the Advisory Committee in its duties.
7. Members of the Advisory Committee serve without compensation.
If sufficient money is available, members are entitled to travel
allowances provided for state officers and employees generally while
attending meetings of the Advisory Committee.
(Added to NRS by 2005, 900 )
The Director of
the Department is responsible for administering this chapter and may
adopt regulations for that purpose. The Director shall:
1. Adopt regulations for the security of the Central Repository so
that it is adequately protected from fire, theft, loss, destruction,
other hazards and unauthorized access.
2. Adopt regulations and standards for personnel employed by
agencies of criminal justice in positions of responsibility for
maintenance and dissemination of information relating to records of
criminal history and information disseminated pursuant to NRS 179A.180
to 179A.240 , inclusive.
3. Provide for audits of informational systems by qualified public
or private agencies, organizations or persons.
(Added to NRS by 1979, 1854; A 1981, 2010; 1985, 913, 1978; 1987,
1765; 2003, 2837 )
No agency of criminal justice in Nevada may disseminate any record of
criminal history which includes information about a felony or a gross
misdemeanor without first making inquiry of the Central Repository, to
obtain the most current and complete information available, unless:
1. The information is needed for a purpose in the administration
of criminal justice for which time is essential, and the Central
Repository is not able to respond within the required time;
2. The full information requested and to be disseminated relates
to specific facts or incidents which are within the direct knowledge of
an officer, agent or employee of the agency which disseminates the
information;
3. The full information requested and to be disseminated was
received as part of a summary of records of criminal history from the
Central Repository within 30 days before the information is disseminated;
4. The statute, executive order, court rule or court order under
which the information is to be disseminated refers only to information
which is in the files of the agency which makes the dissemination;
5. The information requested and to be disseminated is for the
express purpose of research, evaluation or statistical activities to be
based upon information maintained in the files of the agency or agencies
from which the information is sought; or
6. The information is requested by a compensation officer of the
State Board of Examiners pursuant to NRS 217.090 .
(Added to NRS by 1979, 1851; A 1981, 1673; 1985, 913)
[Effective through June 30, 2006.]
1. The following records of criminal history may be disseminated
by an agency of criminal justice without any restriction pursuant to this
chapter:
(a) Any which reflect records of conviction only; and
(b) Any which pertain to an incident for which a person is
currently within the system of criminal justice, including parole or
probation.
2. Without any restriction pursuant to this chapter, a record of
criminal history or the absence of such a record may be:
(a) Disclosed among agencies which maintain a system for the mutual
exchange of criminal records.
(b) Furnished by one agency to another to administer the system of
criminal justice, including the furnishing of information by a police
department to a district attorney.
(c) Reported to the Central Repository.
3. An agency of criminal justice shall disseminate to a
prospective employer, upon request, records of criminal history
concerning a prospective employee or volunteer which:
(a) Reflect convictions only; or
(b) Pertain to an incident for which the prospective employee or
volunteer is currently within the system of criminal justice, including
parole or probation.
4. In addition to any other information to which an employer is
entitled or authorized to receive, the Central Repository shall
disseminate to a prospective or current employer the information
described in subsection 4 of NRS 179A.190 concerning an employee, prospective
employee, volunteer or prospective volunteer who gives his written
consent to the release of that information if the employer submits a
request in the manner set forth in NRS 179A.200 for obtaining a notice of information. The
Central Repository shall search for and disseminate such information in
the manner set forth in NRS 179A.210
for the dissemination of a notice of information. Except as otherwise
provided in this subsection, the provisions of NRS 179A.180 to 179A.240 , inclusive, do not apply to an employer who
requests information and to whom information is disseminated pursuant to
this subsection.
5. Records of criminal history must be disseminated by an agency
of criminal justice, upon request, to the following persons or
governmental entities:
(a) The person who is the subject of the record of criminal history
for the purposes of NRS 179A.150 .
(b) The person who is the subject of the record of criminal history
or his attorney of record when the subject is a party in a judicial,
administrative, licensing, disciplinary or other proceeding to which the
information is relevant.
(c) The State Gaming Control Board.
(d) The State Board of Nursing.
(e) The Private Investigator’s Licensing Board to investigate an
applicant for a license.
(f) A public administrator to carry out his duties as prescribed in
chapter 253 of NRS.
(g) A public guardian to investigate a ward or proposed ward or
persons who may have knowledge of assets belonging to a ward or proposed
ward.
(h) Any agency of criminal justice of the United States or of
another state or the District of Columbia.
(i) Any public utility subject to the jurisdiction of the Public
Utilities Commission of Nevada when the information is necessary to
conduct a security investigation of an employee or prospective employee,
or to protect the public health, safety or welfare.
(j) Persons and agencies authorized by statute, ordinance,
executive order, court rule, court decision or court order as construed
by appropriate state or local officers or agencies.
(k) Any person or governmental entity which has entered into a
contract to provide services to an agency of criminal justice relating to
the administration of criminal justice, if authorized by the contract,
and if the contract also specifies that the information will be used only
for stated purposes and that it will be otherwise confidential in
accordance with state and federal law and regulation.
(l) Any reporter for the electronic or printed media in his
professional capacity for communication to the public.
(m) Prospective employers if the person who is the subject of the
information has given written consent to the release of that information
by the agency which maintains it.
(n) For the express purpose of research, evaluative or statistical
programs pursuant to an agreement with an agency of criminal justice.
(o) An agency which provides child welfare services, as defined in
NRS 432B.030 .
(p) The Division of Welfare and Supportive Services of the
Department of Health and Human Services or its designated representative.
(q) An agency of this or any other state or the Federal Government
that is conducting activities pursuant to Part D of Subchapter IV of
Chapter 7 of Title 42 of the Social Security Act, 42 U.S.C. §§ 651 et seq.
(r) The State Disaster Identification Team of the Division of
Emergency Management of the Department.
(s) The Commissioner of Insurance.
(t) The Board of Medical Examiners.
(u) The State Board of Osteopathic Medicine.
6. Agencies of criminal justice in this State which receive
information from sources outside this State concerning transactions
involving criminal justice which occur outside Nevada shall treat the
information as confidentially as is required by the provisions of this
chapter.
(Added to NRS by 1979, 1852; A 1985, 913; 1987, 1765; 1989, 5, 560,
562, 991; 1991, 130; 1995, 374, 1656; 1997, 1965, 2333, 3261; 1999, 492
, 1253 , 3126 ; 2001, 2254 , 2577 ; 2001 Special Session, 16 ; 2003, 236 , 2837 ; 2005, 2528 )
[Effective July 1, 2006.]
1. The following records of criminal history may be disseminated
by an agency of criminal justice without any restriction pursuant to this
chapter:
(a) Any which reflect records of conviction only; and
(b) Any which pertain to an incident for which a person is
currently within the system of criminal justice, including parole or
probation.
2. Without any restriction pursuant to this chapter, a record of
criminal history or the absence of such a record may be:
(a) Disclosed among agencies which maintain a system for the mutual
exchange of criminal records.
(b) Furnished by one agency to another to administer the system of
criminal justice, including the furnishing of information by a police
department to a district attorney.
(c) Reported to the Central Repository.
3. An agency of criminal justice shall disseminate to a
prospective employer, upon request, records of criminal history
concerning a prospective employee or volunteer which:
(a) Reflect convictions only; or
(b) Pertain to an incident for which the prospective employee or
volunteer is currently within the system of criminal justice, including
parole or probation.
4. In addition to any other information to which an employer is
entitled or authorized to receive, the Central Repository shall
disseminate to a prospective or current employer the information
contained in a record of registration concerning an employee, prospective
employee, volunteer or prospective volunteer who is a sex offender or an
offender convicted of a crime against a child, regardless of whether the
employee, prospective employee, volunteer or prospective volunteer gives
his written consent to the release of that information. The Central
Repository shall disseminate such information in a manner that does not
reveal the name of an individual victim of an offense. A request for
information pursuant to this subsection must conform to the requirements
of the Central Repository and must include:
(a) The name and address of the employer, and the name and
signature of the person requesting the notice on behalf of the employer;
(b) The name and address of the employer’s facility in which the
employee, prospective employee, volunteer or prospective volunteer is
employed or volunteers or is seeking to become employed or volunteer; and
(c) The name and other identifying information of the employee,
prospective employee, volunteer or prospective volunteer.
5. In addition to any other information to which an employer is
entitled or authorized to receive, the Central Repository shall
disseminate to a prospective or current employer the information
described in subsection 4 of NRS 179A.190 concerning an employee, prospective
employee, volunteer or prospective volunteer who gives his written
consent to the release of that information if the employer submits a
request in the manner set forth in NRS 179A.200 for obtaining a notice of information. The
Central Repository shall search for and disseminate such information in
the manner set forth in NRS 179A.210
for the dissemination of a notice of information.
6. Except as otherwise provided in subsection 5, the provisions of
NRS 179A.180 to 179A.240 , inclusive, do not apply to an employer who
requests information and to whom information is disseminated pursuant to
subsections 4 and 5.
7. Records of criminal history must be disseminated by an agency
of criminal justice upon request, to the following persons or
governmental entities:
(a) The person who is the subject of the record of criminal history
for the purposes of NRS 179A.150 .
(b) The person who is the subject of the record of criminal history
or his attorney of record when the subject is a party in a judicial,
administrative, licensing, disciplinary or other proceeding to which the
information is relevant.
(c) The State Gaming Control Board.
(d) The State Board of Nursing.
(e) The Private Investigator’s Licensing Board to investigate an
applicant for a license.
(f) A public administrator to carry out his duties as prescribed in
chapter 253 of NRS.
(g) A public guardian to investigate a ward or proposed ward or
persons who may have knowledge of assets belonging to a ward or proposed
ward.
(h) Any agency of criminal justice of the United States or of
another state or the District of Columbia.
(i) Any public utility subject to the jurisdiction of the Public
Utilities Commission of Nevada when the information is necessary to
conduct a security investigation of an employee or prospective employee,
or to protect the public health, safety or welfare.
(j) Persons and agencies authorized by statute, ordinance,
executive order, court rule, court decision or court order as construed
by appropriate state or local officers or agencies.
(k) Any person or governmental entity which has entered into a
contract to provide services to an agency of criminal justice relating to
the administration of criminal justice, if authorized by the contract,
and if the contract also specifies that the information will be used only
for stated purposes and that it will be otherwise confidential in
accordance with state and federal law and regulation.
(l) Any reporter for the electronic or printed media in his
professional capacity for communication to the public.
(m) Prospective employers if the person who is the subject of the
information has given written consent to the release of that information
by the agency which maintains it.
(n) For the express purpose of research, evaluative or statistical
programs pursuant to an agreement with an agency of criminal justice.
(o) An agency which provides child welfare services, as defined in
NRS 432B.030 .
(p) The Division of Welfare and Supportive Services of the
Department of Health and Human Services or its designated representative.
(q) An agency of this or any other state or the Federal Government
that is conducting activities pursuant to Part D of Subchapter IV of
Chapter 7 of Title 42 of the Social Security Act, 42 U.S.C. §§ 651 et seq.
(r) The State Disaster Identification Team of the Division of
Emergency Management of the Department.
(s) The Commissioner of Insurance.
(t) The Board of Medical Examiners.
(u) The State Board of Osteopathic Medicine.
8. Agencies of criminal justice in this State which receive
information from sources outside this State concerning transactions
involving criminal justice which occur outside Nevada shall treat the
information as confidentially as is required by the provisions of this
chapter.
(Added to NRS by 1979, 1852; A 1985, 913; 1987, 1765; 1989, 5, 560,
562, 991; 1991, 130; 1995, 374, 1656; 1997, 1965, 2333, 3261; 1999, 492
, 1253 , 3126 ; 2001, 2254 , 2577 ; 2001 Special Session, 16 ; 2003, 236 , 2837 ; 2005, 2528 , 2864 , effective July 1, 2006)
[Effective through June 30,
2006.] An employer who fails to request information concerning the
criminal history of a volunteer or prospective volunteer as authorized
pursuant to subsection 4 of NRS 179A.100 is not liable to a child served by the
employer for civil damages suffered by the child as a result of an
offense listed in subsection 4 of NRS 179A.190 committed against the child by such a
volunteer or prospective volunteer.
(Added to NRS by 2003, 2834 )
[Effective July 1, 2006.] An employer
who fails to request:
1. The information contained in a record of registration
concerning a volunteer or prospective volunteer who is a sex offender or
an offender convicted of a crime against a child, as authorized pursuant
to subsection 4 of NRS 179A.100 ; or
2. The information described in subsection 4 of NRS 179A.190
concerning a volunteer or prospective
volunteer, as authorized pursuant to subsection 5 of NRS 179A.100 ,
Ê is not liable to a child served by the employer for civil damages
suffered by the child as a result of an offense listed in subsection 4 of
NRS 179A.190 committed against the
child by such a volunteer or prospective volunteer.
(Added to NRS by 2003, 2834 ; A 2005, 2866 , effective July 1, 2006)
No
person who receives information relating to records of criminal history
pursuant to this chapter or who receives information pursuant to NRS
179A.180 to 179A.240 , inclusive, may disseminate it further
without express authority of law or in accordance with a court order.
This section does not prohibit the dissemination of material by an
employee of the electronic or printed media in his professional capacity
for communication to the public.
(Added to NRS by 1979, 1853; A 1987, 1767; 2003, 2839 )
1. Agencies of criminal justice may disclose to victims of a
crime, members of their families or their guardians the identity of
persons suspected of being responsible for the crime, including juveniles
who have been certified to stand trial as adults, together with
information, including dispositions, which may be of assistance to the
victim in obtaining redress for his injury or loss in a civil action.
This disclosure may be made regardless of whether charges have been
filed, and even if a prosecuting attorney has declined to file charges or
the charge has been dismissed.
2. Disclosure of investigative information pursuant to this
section does not establish a duty to disclose any additional information
concerning the same incident or make any disclosure of information
obtained by an investigation, except as compelled by legal process.
(Added to NRS by 1979, 1853; A 1981, 2025)
Each agency of criminal justice
which maintains and disseminates information relating to records of
criminal history must maintain a log of each dissemination of that
information other than a dissemination of the fact that the agency has no
record relating to a certain person. The log must be maintained for at
least 1 year after the information is disseminated, and must contain:
1. An entry showing to what agency or person the information
relating to records of criminal history were provided;
2. The date on which the information was provided;
3. The person who is the subject of the information; and
4. A brief description of the information provided.
(Added to NRS by 1979, 1853; A 1987, 1767; 2003, 2839 )
[Effective through June 30,
2006.]
1. Except as otherwise provided in this subsection, an agency of
criminal justice may charge a reasonable fee for information relating to
records of criminal history provided to any person or governmental
entity. An agency of criminal justice shall not charge a fee for
providing such information to another agency of criminal justice if the
information is provided for purposes of the administration of criminal
justice, or for providing such information to the State Disaster
Identification Team of the Division of Emergency Management of the
Department. The Central Repository shall not charge such a fee for
information relating to a person regarding whom the Central Repository
provided a similar report within the immediately preceding 6 months in
conjunction with the application by that person for professional
licensure.
2. All money received or collected by the Department pursuant to
this section must be used to defray the cost of operating the Central
Repository.
(Added to NRS by 1979, 1855; A 1985, 915; 1987, 1767; 1995, 1912;
1997, 1305, 3263; 2001, 2578 ; 2003, 2839 )
[Effective July 1, 2006.]
1. Except as otherwise provided in this section, an agency of
criminal justice may charge a reasonable fee for information relating to
records of criminal history provided to any person or governmental entity.
2. An agency of criminal justice shall not charge a fee for
providing such information to another agency of criminal justice if the
information is provided for purposes of the administration of criminal
justice, or for providing such information to the State Disaster
Identification Team of the Division of Emergency Management of the
Department.
3. The Central Repository shall not charge such a fee:
(a) For information relating to a person regarding whom the Central
Repository provided a similar report within the immediately preceding 6
months in conjunction with the application by that person for
professional licensure; or
(b) For information contained in a record of registration
concerning an employee, prospective employee, volunteer or prospective
volunteer who is a sex offender or an offender convicted of a crime
against a child or records of criminal history requested by and provided
to a nonprofit organization that is recognized as exempt from taxation
pursuant to 26 U.S.C. § 501(c)(3).
4. The Director may request an allocation from the Contingency
Fund pursuant to NRS 353.266 , 353.268 and 353.269 to cover the costs incurred by the Department to carry out the
provisions of paragraph (b) of subsection 3.
5. All money received or collected by the Department pursuant to
this section must be used to defray the cost of operating the Central
Repository.
(Added to NRS by 1979, 1855; A 1985, 915; 1987, 1767; 1995, 1912;
1997, 1305, 3263; 2001, 2578 ; 2003, 2839 ; 2005, 2867 , effective July 1, 2006)
1. The Central Repository and each state, municipal, county or
metropolitan police agency shall permit a person, who is or believes he
may be the subject of information relating to records of criminal history
maintained by that agency, to appear in person during normal business
hours of the agency and inspect any recorded information held by that
agency pertaining to him. This right of access does not extend to data
contained in intelligence, investigative or other related files, and does
not include any information other than information contained in a record
of criminal history.
2. Each such agency shall adopt regulations and make available
necessary forms to permit inspection and review of information relating
to other records of criminal history by those persons who are the
subjects thereof. The regulations must specify:
(a) The reasonable periods during which the records are available
for inspection;
(b) The requirements for proper identification of the persons
seeking access to the records; and
(c) The reasonable charges or fees, if any, for inspecting records.
3. Each such agency shall procure for and furnish to any person
who requests it and pays a reasonable fee therefor, all of the
information contained in the Central Repository which pertains to the
person making the request.
4. The Director of the Department shall adopt regulations
governing:
(a) All challenges to the accuracy or sufficiency of information
relating to records of criminal history by the person who is the subject
of the allegedly inaccurate or insufficient record;
(b) The correction of any information relating to records of
criminal history found by the Director to be inaccurate, insufficient or
incomplete in any material respect;
(c) The dissemination of corrected information to those persons or
agencies which have previously received inaccurate or incomplete
information; and
(d) A time limit of not more than 90 days within which inaccurate
or insufficient information relating to records of criminal history must
be corrected and the corrected information disseminated. The corrected
information must be sent to each person who requested the information in
the 12 months preceding the date on which the correction was made, and
notice of the correction must be sent to each person entitled thereto
pursuant to NRS 179A.210 , to the
address given by each person who requested the information when the
request was made.
(Added to NRS by 1979, 1854; A 1981, 2010; 1985, 915, 1978; 1987,
1767; 2003, 2839 )
1. If a person has been arrested or issued a citation, or has been
the subject of a warrant for alleged criminal conduct and the person is
acquitted of the charge or the disposition of the charge is favorable to
the person, at any time after the charge is dismissed, acquittal is
entered or disposition of the charge in favor of the person is final, the
person who is the subject of a record of criminal history relating to the
arrest, citation or warrant may apply in writing to the Central
Repository and the agency which maintains the record to have it removed
from the files which are available and generally searched for the purpose
of responding to inquiries concerning the criminal history of a person.
2. The Central Repository and the agency shall remove the record
unless:
(a) The defendant is a fugitive;
(b) The case is under active prosecution according to a current
certificate of a prosecuting attorney;
(c) The disposition of the case was a deferred prosecution, plea
bargain or other similar disposition;
(d) The person who is the subject of the record has a prior
conviction for a felony or gross misdemeanor in any jurisdiction in the
United States; or
(e) The person who is the subject of the record has been arrested
for or charged with another crime, other than a minor traffic violation,
since the arrest, citation or warrant which he seeks to have removed from
the record.
3. This section does not restrict the authority of a court to
order the deletion or modification of a record in a particular cause or
concerning a particular person or event.
(Added to NRS by 1979, 1853; A 1985, 916; 2001, 1694 )
PROGRAM FOR REPORTING CRIMES RELATED TO PREJUDICE
1. The Director of the Department shall establish within the
Central Repository a Program for Reporting Crimes that manifest evidence
of prejudice based on race, color, religion, national origin, physical or
mental disability or sexual orientation.
2. The Program must be designed to collect, compile and analyze
statistical data about crimes that manifest evidence of prejudice based
on race, color, religion, national origin, physical or mental disability
or sexual orientation. The Director shall adopt guidelines for the
collection of the statistical data, including, but not limited to, the
criteria to establish the presence of prejudice.
3. The Criminal Repository shall include in its annual report to
the Governor pursuant to subsection 6 of NRS 179A.075 , and in any other appropriate report, an
independent section relating solely to the analysis of crimes that
manifest evidence of prejudice based on race, color, religion, national
origin, physical or mental disability or sexual orientation.
4. Data acquired pursuant to this section must be used only for
research or statistical purposes and must not contain any information
that may reveal the identity of an individual victim of a crime.
(Added to NRS by 1995, 2706)
DISSEMINATION OF INFORMATION RELATING TO CERTAIN OFFENSES
As used in NRS 179A.180 to 179A.240 , inclusive, unless the context otherwise
requires:
1. “Employee” means a person who renders time and services to an
employer, and whose regular course of duties places that person in a
position to:
(a) Exercise supervisory or disciplinary control over children;
(b) Have direct access to or contact with children served by the
employer; or
(c) Have access to information or records maintained by the
employer relating to identifiable children served by the employer,
Ê and includes a prospective employee, but does not include a volunteer
or prospective volunteer.
2. “Employer” means a person, or a governmental agency or
political subdivision of this State that is not an agency of criminal
justice, whose employees regularly render services to children, including
without limitation care, treatment, transportation, instruction,
companionship, entertainment and custody.
(Added to NRS by 1987, 1760; A 1989, 993)
1. Notice of information relating to the offenses listed in
subsection 4 may be disseminated to employers pursuant to NRS 179A.180
to 179A.240 , inclusive.
2. An employer may consider such a notice of information
concerning an employee when making a decision to hire, retain, suspend or
discharge the employee, and is not liable in an action alleging
discrimination based upon consideration of information obtained pursuant
to NRS 179A.180 to 179A.240 , inclusive.
3. The provisions of NRS 179A.180 to 179A.240 , inclusive, do not limit or restrict any
other statute specifically permitting the dissemination or release of
information relating to the offenses listed in subsection 4.
4. The offenses for which a notice of information may be
disseminated pursuant to subsection 1 includes information contained in
or concerning a record of criminal history, or the records of criminal
history of the United States or another state, relating in any way to:
(a) A sexual offense;
(b) A conviction for a felony within the immediately preceding 7
years;
(c) An act committed outside this State that would constitute a
sexual offense if committed in this State or a conviction for an act
committed outside this State that would constitute a felony if committed
in this State; and
(d) The aiding, abetting, attempting or conspiring to engage in any
such act in this State or another state.
(Added to NRS by 1987, 1761; A 2003, 2840 )
1. In addition to any other information which an employer is
authorized to request pursuant to this chapter, an employer may request
from the Central Repository notice of information relating to the
offenses listed in subsection 4 of NRS 179A.190 concerning an employee.
2. A request for notice of information relating to the offenses
listed in subsection 4 of NRS 179A.190 from an employer must conform to the
requirements of the Central Repository. The request must include:
(a) The name and address of the employer, and the name and
signature of the person requesting the notice on behalf of the employer;
(b) The name and address of the employer’s facility in which the
employee is employed or seeking to become employed;
(c) The name, a complete set of fingerprints and other identifying
information of the employee;
(d) Signed consent by the employee authorizing:
(1) The employer to forward the fingerprints of the employee
to the Central Repository for submission to the Federal Bureau of
Investigation for its report;
(2) A search of information relating to the offenses listed
in subsection 4 of NRS 179A.190
concerning the employee; and
(3) The release of a notice concerning that information;
(e) The mailing address of the employee or a signed waiver of the
right of the employee to be sent a copy of the information disseminated
to the employer as a result of the search of the records of criminal
history; and
(f) The signature of the employee indicating that he has been
notified of:
(1) The types of information for which notice is subject to
dissemination pursuant to NRS 179A.210 , or a description of the information;
(2) The employer’s right to require a check of the records
of criminal history as a condition of employment; and
(3) The employee’s right, pursuant to NRS 179A.150 , to challenge the accuracy or sufficiency of
any information disseminated to the employer.
(Added to NRS by 1987, 1761; A 2003, 2841 )
1. Upon receipt of a request from an employer for notice of
information relating to the offenses listed in subsection 4 of NRS
179A.190 , the Central Repository
shall undertake a search for the information, unless the request does not
conform to the requirements of the Repository. The search must be based
on the fingerprints of the employee, or on a number furnished to the
employee for identification pursuant to a previous search, as provided by
the employer, and must include:
(a) Identifying any information relating to the offenses listed in
subsection 4 of NRS 179A.190
concerning the employee in the Central Repository;
(b) Requesting information relating to the offenses listed in
subsection 4 of NRS 179A.190
concerning the employee from federal repositories and repositories of
other states, if authorized by federal law or an agreement entered into
pursuant to NRS 179A.075 ;
(c) If the information pertains to an arrest for which no
disposition has been reported, contacting appropriate officers in the
local jurisdiction where the arrest or prosecution occurred to verify and
update the information; and
(d) Determining whether the information relating to the offenses
listed in subsection 4 of NRS 179A.190 is the type of information for which notice
is subject to dissemination pursuant to this section.
2. Notice of information relating to the offenses listed in
subsection 4 of NRS 179A.190 may be
disseminated to an employer who has requested it only if a check of the
pertinent records indicates:
(a) A conviction for any such offense, or a conviction based on an
arrest or on an initial charge for any such offense;
(b) An arrest or an initial charge for a sexual offense that is
pending at the time of the request; or
(c) Two or more incidents resulting in arrest or initial charge for
a sexual offense that have not resulted in a conviction.
3. If a search of the records of the Central Repository reveals no
information for which notice is subject to release, the Central
Repository shall submit the fingerprints of the employee to the Federal
Bureau of Investigation for a search of its records of criminal history.
The Central Repository shall review all information received from the
Federal Bureau of Investigation. Notice of any information received from
the Federal Bureau of Investigation may be disseminated only if the
information is of a kind for which notice is subject to release pursuant
to this section.
4. Within 30 days after receipt of a request by an employer for
notice of information relating to the offenses listed in subsection 4 of
NRS 179A.190 , the Central Repository
shall send a written report of the results of the search to the employer
and to the employee, except that if the employee has waived his right to
receive the results of the search, the report must be sent only to the
employer. If the search revealed:
(a) No information for which notice is subject to release, the
report must include a statement to that effect; or
(b) Information about the employee for which notice is subject to
release, the report must include a notice of the type of information,
limited to the descriptions set forth in subsection 2, revealed by the
search. The notice must not include any further facts or details
concerning the information. A statement of the purpose for which the
notice is being disseminated, and the procedures by which the employee
might challenge the accuracy and sufficiency of the information, must
also be included with the report.
5. Upon receipt of corrected information relating to the offenses
listed in subsection 4 of NRS 179A.190 for which notice was disseminated under this
section, the Central Repository shall send written notice of the
correction to:
(a) The employee who was the subject of the search, unless the
employee has waived his right to receive such a notice;
(b) All employers to whom notice of the results of the search were
disseminated within 3 months before the correction; and
(c) Upon request of the employee, any other employers who
previously received the information.
6. Upon receipt of new information relating to the offenses listed
in subsection 4 of NRS 179A.190
concerning an employee who was the subject of a search within the
previous 3 months, for which notice is subject to dissemination under
this section, the Central Repository shall send written notice of the
information to:
(a) The employee who was the subject of the search, unless the
employee has waived his right to receive such a notice;
(b) All employers to whom a report of the results of the search
were disseminated within 3 months before the correction; and
(c) Upon request of the employee, any other employers who
previously received a report of the results of the search.
(Added to NRS by 1987, 1761; A 1989, 561; 2003, 2841 )
All hearings arising under NRS 179A.180
to 179A.240 , inclusive, must be held as provided in NRS
233B.121 to 233B.150 , inclusive.
(Added to NRS by 1987, 1763)
1. A person who is the subject of a request for notice of
information pursuant to NRS 179A.180
to 179A.240 , inclusive, may recover
his actual damages in a civil action against:
(a) The Central Repository for an intentional or grossly negligent:
(1) Dissemination of information relating to the offenses
listed in subsection 4 of NRS 179A.190 not authorized for dissemination; or
(2) Release of information relating to the offenses listed
in subsection 4 of NRS 179A.190 to a
person not authorized to receive the information;
(b) The Central Repository for an intentional or grossly negligent
failure to correct any notice of information relating to the offenses
listed in subsection 4 of NRS 179A.190 which was disseminated pursuant to NRS
179A.180 to 179A.240 , inclusive; or
(c) An employer, representative of an employer or employee for an
intentional or grossly negligent violation of NRS 179A.110 . Punitive damages may be awarded against an
employer, representative of an employer or employee whose violation of
NRS 179A.110 is malicious.
2. An employer is liable to a child served by the employer for
damages suffered by the child as a result of an offense listed in
subsection 4 of NRS 179A.190
committed against the child by an employee if, at the time the employer
hired the employee, the employee was the subject of information relating
to the offenses for which notice was available for dissemination to the
employer and the employer:
(a) Failed, without good cause, to request notice of the
information pursuant to NRS 179A.180
to 179A.240 , inclusive; or
(b) Was unable to obtain the information because the employee
refused to consent to the search and release of the information, and the
employer hired or retained the employee despite this refusal.
Ê The amount of damages for which an employer is liable pursuant to this
subsection must be reduced by the amount of damages recovered by the
child in an action against the employee for damages sustained as a result
of an offense listed in subsection 4 of NRS 179A.190 .
3. An action pursuant to this section must be brought within 3
years after:
(a) The occurrence upon which the action is based; or
(b) The date upon which the party bringing the action became aware
or reasonably should have become aware of the occurrence, whichever was
earlier, if he was not aware of the occurrence at the time of the
occurrence.
4. This section does not limit or affect any other rights, claims
or causes of action arising by statute or common law.
(Added to NRS by 1987, 1763; A 1989, 993; 2003, 2843 )
A person who knowingly and willfully:
1. Uses NRS 179A.180 to
179A.240 , inclusive, to obtain or
seek to obtain information relating to the offenses listed in subsection
4 of NRS 179A.190 under false
pretenses;
2. Disseminates or attempts to disseminate information relating to
the offenses listed in subsection 4 of NRS 179A.190 that he knows was not received in accordance
with the provisions of this chapter; or
3. Disseminates or attempts to disseminate information relating to
the offenses listed in subsection 4 of NRS 179A.190 that he knows is false, inaccurate or
incomplete,
Ê is guilty of a misdemeanor.
(Added to NRS by 1987, 1764; A 2003, 2844 )
PROGRAM TO COMPILE AND ANALYZE DATA RELATING TO SEXUAL OFFENSES
The Legislature hereby
finds and declares that:
1. A significant number of offenders in Nevada have been convicted
of sexual offenses. Many of these offenders have been convicted of sexual
offenses on more than one occasion and many of these offenders began
committing sexual offenses as juveniles.
2. There is a great need for a continuing statistical analysis
regarding the recidivism of offenders who commit sexual offenses so that
the most appropriate punishment and treatment may be identified to
prevent these offenders from committing further sexual offenses.
(Added to NRS by 1997, 2518)
As used in this section and NRS
179A.270 and 179A.290 :
1. “Juvenile sex offender” means a child adjudicated delinquent
for an act that, if committed by an adult, would be a sexual offense.
2. “Sexual offense” means:
(a) Sexual assault pursuant to NRS 200.366 ;
(b) Statutory sexual seduction pursuant to NRS 200.368 ;
(c) Battery with intent to commit sexual assault pursuant to NRS
200.400 ;
(d) An offense involving pornography and a minor pursuant to NRS
200.710 to 200.730 , inclusive;
(e) Incest pursuant to NRS 201.180 ;
(f) Solicitation of a minor to engage in acts constituting the
infamous crime against nature pursuant to NRS 201.195 ;
(g) Open or gross lewdness pursuant to NRS 201.210 ;
(h) Indecent or obscene exposure pursuant to NRS 201.220 ;
(i) Lewdness with a child pursuant to NRS 201.230 ;
(j) Sexual penetration of a dead human body pursuant to NRS 201.450
;
(k) Luring a child or mentally ill person pursuant to NRS 201.560
, if punished as a felony;
(l) An attempt to commit an offense listed in paragraphs (a) to
(k), inclusive;
(m) An offense that is determined to be sexually motivated pursuant
to NRS 175.547 ; or
(n) An offense committed in another jurisdiction that, if committed
in this State, would be an offense listed in this subsection.
(Added to NRS by 1997, 2518; A 2001, 2795 ; 2003, 1388 )
1. The Director of the Department shall establish within the
Central Repository a program to compile and analyze data concerning
offenders who commit sexual offenses. The program must be designed to:
(a) Provide statistical data relating to the recidivism of
offenders who commit sexual offenses; and
(b) Use the data provided by the Division of Child and Family
Services of the Department of Health and Human Services pursuant to NRS
62H.220 to:
(1) Provide statistical data relating to the recidivism of
juvenile sex offenders after they become adults; and
(2) Assess the effectiveness of programs for the treatment
of juvenile sex offenders.
2. The Division of Parole and Probation and the Department of
Corrections shall assist the Director of the Department in obtaining data
and in carrying out the program.
3. The Director of the Department shall report the statistical
data and findings from the program to:
(a) The Legislature at the beginning of each regular session.
(b) The Advisory Commission on Sentencing on or before January 31
of each even-numbered year.
4. The data acquired pursuant to this section is confidential and
must be used only for the purpose of research. The data and findings
generated pursuant to this section must not contain information that may
reveal the identity of a juvenile sex offender or the identity of an
individual victim of a crime.
(Added to NRS by 1997, 2519; A 2001 Special Session, 225 ; 2003, 1122 )
ACCOUNT TO INVESTIGATE BACKGROUND OF VOLUNTEERS WHO WORK WITH CHILDREN
1. The Revolving Account to Investigate the Background of
Volunteers Who Work With Children is hereby created in the State General
Fund.
2. The Director of the Department shall administer the Account to
Investigate the Background of Volunteers Who Work With Children. The
money in the Account must be expended only to pay the costs of the
Central Repository to process requests from nonprofit agencies to
determine whether a volunteer of a nonprofit agency who works directly
with children or a prospective volunteer of the nonprofit agency who will
work directly with children has committed an offense listed in subsection
4 of NRS 179A.190 . The existence of
the Account to Investigate the Background of Volunteers Who Work With
Children does not create a right in any person to receive money from the
Account.
3. The Director of the Department may apply for and accept any
gift, donation, bequest, grant or other source of money. Any money so
received must be deposited in the Account to Investigate the Background
of Volunteers Who Work With Children.
4. The interest and income earned on money in the Account from any
gift, donation or bequest, after deducting any applicable charges, must
be credited to the Account. Money from any gift, donation or bequest that
remains in the Account at the end of the fiscal year does not revert to
the State General Fund, and the balance in the Account must be carried
forward to the next fiscal year.
5. The Director of the Department shall adopt regulations to carry
out the provisions of this section. The regulations must include, without
limitation:
(a) The procedure by which a person may apply for a grant of money
from the Account to Investigate the Background of Volunteers Who Work
With Children;
(b) The criteria that the Department will consider in determining
whether to award such a grant of money from the Account; and
(c) Procedures to distribute the money in the Account in a fair and
equitable manner.
6. The following facts must not be considered as evidence of
negligence or causation in any civil action brought against a nonprofit
agency:
(a) The fact that the nonprofit agency did not apply for a grant of
money from the Account.
(b) The fact that the nonprofit agency did not request that the
Central Repository, through the use of the Account, determine whether a
volunteer or prospective volunteer of the nonprofit agency has committed
an offense listed in subsection 4 of NRS 179A.190 .
(Added to NRS by 1999, 2054 ; A 2003, 2844 )
A state or local governmental agency:
1. May establish forms and procedures for a person to donate money
to the Account to Investigate the Background of Volunteers Who Work With
Children while the person is transacting business with the State or local
governmental agency; and
2. Shall deposit any money received for the Account to Investigate
the Background of Volunteers Who Work With Children with the State
Treasurer for credit to the Account.
(Added to NRS by 1999, 2055 )
REPOSITORY FOR INFORMATION CONCERNING ORDERS FOR PROTECTION AGAINST
DOMESTIC VIOLENCE
1. The Repository for Information Concerning Orders for Protection
Against Domestic Violence is hereby created within the Central Repository.
2. Except as otherwise provided in subsection 4, the Repository
for Information Concerning Orders for Protection Against Domestic
Violence must contain a complete and systematic record of all temporary
and extended orders for protection against domestic violence issued or
registered in the State of Nevada, in accordance with regulations adopted
by the Director of the Department, including, without limitation, any
information received pursuant to NRS 33.095 . Information received by the Central
Repository pursuant to NRS 33.095 must
be entered in the Repository for Information Concerning Orders for
Protection Against Domestic Violence not later than 8 hours after it is
received by the Central Repository.
3. The information in the Repository for Information Concerning
Orders for Protection Against Domestic Violence must be accessible by
computer at all times to each agency of criminal justice.
4. The Repository for Information Concerning Orders for Protection
Against Domestic Violence must not contain any information concerning an
event that occurred before October 1, 1998.
(Added to NRS by 1997, 1803)
REPOSITORY FOR INFORMATION CONCERNING MISSING PERSONS
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.
(Added to NRS by 1997, 1534)
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.
(Added to NRS by 1997, 1535)
NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
The National Crime Prevention and
Privacy Compact is hereby ratified, enacted into law and entered into
with all jurisdictions legally joining in the Compact, in substantially
the form set forth in this section:
Article I. Definitions
As used in this Compact, the following definitions apply:
(1) “Attorney General” means the Attorney General of the United
States.
(2) “Compact officer” means:
(a) With respect to the Federal Government, an official so
designated by the Director of the FBI; and
(b) With respect to a party state, the chief administrator of the
state’s criminal history record repository or a designee of the chief
administrator who is a regular full-time employee of the repository.
(3) “Council” means the Compact Council established under Article
VI.
(4) “Criminal history record repository” means the state agency
designated by the governor or other appropriate executive official or the
legislature of a state to perform centralized recordkeeping functions for
criminal history records and services in the state.
(5) (a) “Criminal history records” means information collected by
criminal justice agencies on individuals consisting of identifiable
descriptions and notations of arrests, detentions, indictments, or other
formal criminal charges and any disposition arising therefrom, including
acquittal, sentencing, correctional supervision, or release.
(b) The term does not include identification information such as
fingerprint records if the information does not indicate involvement of
the individual with the criminal justice system.
(6) “Criminal justice” includes activities relating to the
detection, apprehension, detention, pretrial release, posttrial release,
prosecution, adjudication, correctional supervision, or rehabilitation of
accused persons or criminal offenders. The administration of criminal
justice includes criminal identification activities and the collection,
storage, and dissemination of criminal history records.
(7) (a) “Criminal justice agency” means:
(i) Courts; and
(ii) A governmental agency or any subunit of an agency that
performs the administration of criminal justice pursuant to a statute or
executive order and allocates a substantial part of its annual budget to
the administration of criminal justice.
(b) The term includes federal and state inspector general offices.
(8) “Criminal justice services” means services provided by the FBI
to criminal justice agencies in response to a request for information
about a particular individual or as an update to information previously
provided for criminal justice purposes.
(9) “Direct access” means access to the national identification
index by computer terminal or other automated means not requiring the
assistance of or intervention by any other party or agency.
(10) “Executive order” means an order of the President of the
United States or the chief executive officer of a state that has the
force of law and that is promulgated in accordance with applicable law.
(11) “FBI” means the Federal Bureau of Investigation.
(12) (a) “III System” means the Interstate Identification Index
System, which is the cooperative federal-state system for the exchange of
criminal history records.
(b) The term includes the national identification index, the
national fingerprint file, and to the extent of their participation in
the system, the criminal history record repositories of the states and
the FBI.
(13) “National fingerprint file” means a database of fingerprints
or of other uniquely personal identifying information that relates to an
arrested or charged individual and that is maintained by the FBI to
provide positive identification of record subjects indexed in the III
System.
(14) “National identification index” means an index maintained by
the FBI consisting of names, identifying numbers, and other descriptive
information relating to record subjects about whom there are criminal
history records in the III System.
(15) “National indexes” means the national identification index and
the national fingerprint file.
(16) “Noncriminal justice purposes” means uses of criminal history
records for purposes authorized by federal or state law other than
purposes relating to criminal justice activities, including employment
suitability, licensing determinations, immigration and naturalization
matters, and national security clearances.
(17) “Nonparty state” means a state that has not ratified this
Compact.
(18) “Party state” means a state that has ratified this Compact.
(19) “Positive identification” means a determination, based upon a
comparison of fingerprints or other equally reliable biometric
identification techniques, that the subject of a record search is the
same person as the subject of a criminal history record or records
indexed in the III System. Identifications based solely upon a comparison
of subjects’ names or other nonunique identification characteristics or
numbers, or combinations thereof, does not constitute positive
identification.
(20) “Sealed record information” means:
(a) With respect to adults, that portion of a record that is:
(i) Not available for criminal justice uses;
(ii) Not supported by fingerprints or other accepted means
of positive identification; or
(iii) Subject to restrictions on dissemination for
noncriminal justice purposes pursuant to a court order related to a
particular subject or pursuant to a federal or state statute that
requires action on a sealing petition filed by a particular record
subject; and
(b) With respect to juveniles, whatever each state determines is a
sealed record under its own law and procedure.
(21) “State” means any state, territory, or possession of the
United States, the District of Columbia, and the Commonwealth of Puerto
Rico.
Article II. Purposes
The purposes of this Compact are to:
(1) Provide a legal framework for the establishment of a
cooperative federal-state system for the interstate and federal-state
exchange of criminal history records for noncriminal justice uses;
(2) Require the FBI to permit use of the national identification
index and the national fingerprint file by each party state and to
provide, in a timely fashion, federal and state criminal history records
to requesting states, in accordance with the terms of this Compact and
with rules, procedures, and standards established by the Council under
Article VI;
(3) Require party states to provide information and records for the
national identification index and the national fingerprint file and to
provide criminal history records, in a timely fashion, to criminal
history record repositories of other states and the Federal Government
for noncriminal justice purposes, in accordance with the terms of this
Compact and with rules, procedures, and standards established by the
Council under Article VI;
(4) Provide for the establishment of a Council to monitor III
System operations and to prescribe system rules and procedures for the
effective and proper operation of the III System for noncriminal justice
purposes; and
(5) Require the FBI and each party state to adhere to III System
standards concerning record dissemination and use, response times, system
security, data quality, and other duly established standards, including
those that enhance the accuracy and privacy of such records.
Article III. Responsibilities of Compact Parties
(1) The Director of the FBI shall:
(a) Appoint an FBI Compact officer who shall:
(i) Administer this Compact within the Department of Justice
and among federal agencies and other agencies and organizations that
submit search requests to the FBI pursuant to Article V(3);
(ii) Ensure that Compact provisions and rules, procedures,
and standards prescribed by the Council under Article VI are complied
with by the Department of Justice and the federal agencies and other
agencies and organizations referred to in subsection (1)(a)(i) of this
Article III; and
(iii) Regulate the use of records received by means of the
III System from party states when such records are supplied by the FBI
directly to other federal agencies;
(b) Provide to federal agencies and to state criminal history
record repositories criminal history records maintained in its database
for the noncriminal justice purposes described in Article IV, including:
(i) Information from nonparty states; and
(ii) Information from party states that is available from
the FBI through the III System, but is not available from the party state
through the III System;
(c) Provide a telecommunications network and maintain centralized
facilities for the exchange of criminal history records for both criminal
justice purposes and the noncriminal justice purposes described in
Article IV and ensure that the exchange of the records for criminal
justice purposes has priority over exchange for noncriminal justice
purposes; and
(d) Modify or enter into user agreements with nonparty state
criminal history record repositories to require them to establish record
request procedures conforming to those prescribed in Article V.
(2) Each party state shall:
(a) Appoint a Compact officer who shall:
(i) Administer this Compact within that state;
(ii) Ensure that Compact provisions and rules, procedures,
and standards established by the Council under Article VI are complied
with in the state; and
(iii) Regulate the in-state use of records received by means
of the III System from the FBI or from other party states;
(b) Establish and maintain a criminal history record repository,
which shall provide:
(i) Information and records for the national identification
index and the national fingerprint file; and
(ii) The state’s III System-indexed criminal history records
for noncriminal justice purposes described in Article IV;
(c) Participate in the national fingerprint file; and
(d) Provide and maintain telecommunications links and related
equipment necessary to support the criminal justice services set forth in
this Compact.
(3) In carrying out their responsibilities under this Compact, the
FBI and each party state shall comply with III System rules, procedures,
and standards duly established by the Council concerning record
dissemination and use, response times, data quality, system security,
accuracy, privacy protection, and other aspects of III System operation.
(4) (a) Use of the III System for noncriminal justice purposes
authorized in this Compact must be managed so as not to diminish the
level of services provided in support of criminal justice purposes.
(b) Administration of Compact provisions may not reduce the level
of service available to authorized noncriminal justice users on the
effective date of this Compact.
Article IV. Authorized Record Disclosures
(1) To the extent authorized by section 552a of Title 5, United
States Code (commonly known as the Privacy Act of 1974), the FBI shall
provide on request criminal history records, excluding sealed record
information, to state criminal history record repositories for
noncriminal justice purposes allowed by federal statute, federal
executive order, or a state statute which has been approved by the
Attorney General and which authorizes national indexes checks.
(2) The FBI, to the extent authorized by section 552a of Title 5,
United States Code (commonly known as the Privacy Act of 1974), and state
criminal history record repositories shall provide criminal history
records, excluding sealed record information, to criminal justice
agencies and other governmental or nongovernmental agencies for
noncriminal justice purposes allowed by federal statute, federal
executive order, or a state statute that has been approved by the
Attorney General, that explicitly authorizes national indexes checks.
(3) Any record obtained under this Compact may be used only for the
official purposes for which the record was requested. Each Compact
officer shall establish procedures, consistent with this Compact and with
rules, procedures, and standards established by the Council under Article
VI, which procedures shall protect the accuracy and privacy of the
records and shall:
(a) Ensure that records obtained under this Compact are used only
by authorized officials for authorized purposes;
(b) Require that subsequent record checks are requested to obtain
current information whenever a new need arises; and
(c) Ensure that record entries that may not legally be used for a
particular noncriminal justice purpose are deleted from the response and,
if no information authorized for release remains, an appropriate “no
record” response is communicated to the requesting official.
Article V. Record Request Procedures
(1) Subject fingerprints or other approved forms of positive
identification must be submitted with all requests for criminal history
record checks for noncriminal justice purposes.
(2) Each request for a criminal history record check utilizing the
national indexes made under any approved state statute must be submitted
through that state’s criminal history record repository. A state criminal
history record repository shall process an interstate request for
noncriminal justice purposes through the national indexes only if the
request is transmitted through another state criminal history record
repository or the FBI.
(3) Each request for criminal history record checks utilizing the
national indexes made under federal authority must be submitted through
the FBI or, if the state criminal history record repository consents to
process fingerprint submissions, through the criminal history record
repository in the state in which the request originated. Direct access to
the national identification index by entities other than the FBI and
state criminal history records repositories may not be permitted for
noncriminal justice purposes.
(4) A state criminal history record repository or the FBI:
(a) May charge a fee, in accordance with applicable law, for
handling a request involving fingerprint processing for noncriminal
justice purposes; and
(b) May not charge a fee for providing criminal history records in
response to an electronic request for a record that does not involve a
request to process fingerprints.
(5) (a) If a state criminal history record repository cannot
positively identify the subject of a record request made for noncriminal
justice purposes, the request, together with fingerprints or other
approved identifying information, must be forwarded to the FBI for a
search of the national indexes.
(b) If, with respect to a request forwarded by a state criminal
history record repository under subsection (5)(a), the FBI positively
identifies the subject as having a III System-indexed record or records:
(i) The FBI shall so advise the state criminal history
record repository; and
(ii) The state criminal history record repository is
entitled to obtain the additional criminal history record information
from the FBI or other state criminal history record repositories.
Article VI. Establishment of Compact Council
(1) (a) There is established a Council to be known as the Compact
Council, which has the authority to promulgate rules and procedures
governing the use of the III System for noncriminal justice purposes, not
to conflict with FBI administration of the III System for criminal
justice purposes.
(b) The Council shall:
(i) Continue in existence as long as this Compact remains in
effect;
(ii) Be located, for administrative purposes, within the
FBI; and
(iii) Be organized and hold its first meeting as soon as
practicable after the effective date of this Compact.
(2) The Council must be composed of 15 members, each of whom must
be appointed by the Attorney General, as follows:
(a) Nine members, each of whom shall serve a 2-year term, who must
be selected from among the Compact officers of party states based on the
recommendation of the Compact officers of all party states, except that
in the absence of the requisite number of Compact officers available to
serve, the chief administrators of the criminal history record
repositories of nonparty states must be eligible to serve on an interim
basis;
(b) Two at-large members, nominated by the Director of the FBI,
each of whom shall serve a 3-year term, of whom:
(i) One must be a representative of the criminal justice
agencies of the Federal Government and may not be an employee of the FBI;
and
(ii) One must be a representative of the noncriminal justice
agencies of the Federal Government;
(c) Two at-large members, nominated by the Chairman of the Council
once the Chairman is elected pursuant to subsection (3) of this Article
VI, each of whom shall serve a 3-year term, of whom:
(i) One must be a representative of state or local criminal
justice agencies; and
(ii) One must be a representative of state or local
noncriminal justice agencies;
(d) One member who shall serve a 3-year term and who shall
simultaneously be a member of the FBI’s Advisory Policy Board on Criminal
Justice Information Services, nominated by the membership of that Policy
Board; and
(e) One member, nominated by the Director of the FBI, who shall
serve a 3-year term and who must be an employee of the FBI.
(3) (a) From its membership, the Council shall elect a Chairman and
a Vice Chairman of the Council. Both the Chairman and Vice Chairman of
the Council:
(i) Must be a Compact officer, unless there is no Compact
officer on the Council who is willing to serve, in which case the
Chairman may be an at-large member; and
(ii) Shall serve 2-year terms and may be reelected to only
one additional 2-year term.
(b) The Vice Chairman of the Council shall serve as the Chairman of
the Council in the absence of the Chairman.
(4) (a) The Council shall meet at least once each year at the call
of the Chairman. Each meeting of the Council must be open to the public.
The Council shall provide prior public notice in the Federal Register of
each meeting of the Council, including the matters to be addressed at the
meeting.
(b) A majority of the Council or any committee of the Council shall
constitute a quorum of the Council or of a committee, respectively, for
the conduct of business. A lesser number may meet to hold hearings, take
testimony, or conduct any business not requiring a vote.
(5) The Council shall make available for public inspection and
copying at the Council office within the FBI and shall publish in the
Federal Register any rules, procedures, or standards established by the
Council.
(6) The Council may request from the FBI reports, studies,
statistics, or other information or materials that the Council determines
to be necessary to enable the Council to perform its duties under this
Compact. The FBI, to the extent authorized by law, may provide assistance
or information upon a request.
(7) The Chairman may establish committees as necessary to carry out
this Compact and may prescribe their membership, responsibilities, and
duration.
Article VII. Ratification of Compact
This Compact takes effect upon being entered into by two or more
states as between those states and the Federal Government. When
additional states subsequently enter into this Compact, it becomes
effective among those states and the Federal Government and each party
state that has previously ratified it. When ratified, this Compact has
the full force and effect of law within the ratifying jurisdictions. The
form of ratification must be in accordance with the laws of the executing
state.
Article VIII. Miscellaneous Provisions
(1) Administration of this Compact may not interfere with the
management and control of the Director of the FBI over the FBI’s
collection and dissemination of criminal history records and the advisory
function of the FBI’s Advisory Policy Board chartered under the Federal
Advisory Committee Act (5 U.S.C. App.) for all purposes other than
noncriminal justice.
(2) Nothing in this Compact requires the FBI to obligate or expend
funds beyond those appropriated to the FBI.
(3) Nothing in this Compact diminishes or lessens the obligations,
responsibilities, and authorities of any state, whether a party state or
a nonparty state, or of any criminal history record repository or other
subdivision or component thereof, under the Departments of State,
Justice, and Commerce, the Judiciary, and Related Agencies Appropriation
Act, 1973 (Public Law 92-544), or regulations and guidelines promulgated
thereunder, including the rules and procedures promulgated by the Council
under Article VI(1), regarding the use and dissemination of criminal
history records and information.
Article IX. Renunciation
(1) This Compact shall bind each party state until renounced by the
party state.
(2) Any renunciation of this Compact by a party state must:
(a) Be effected in the same manner by which the party state
ratified this Compact; and
(b) Become effective 180 days after written notice of renunciation
is provided by the party state to each other party state and to the
Federal Government.
Article X. Severability
The provisions of this Compact are severable. If any phrase,
clause, sentence, or provision of this Compact is declared to be contrary
to the constitution of any participating state or to the Constitution of
the United States or if the applicability of any phrase, clause,
sentence, or provision of this Compact to any government, agency, person,
or circumstance is held invalid, the validity of the remainder of this
Compact and the applicability of the remainder of the Compact to any
government, agency, person, or circumstance is not affected by the
severability. If a portion of this Compact is held contrary to the
constitution of any party state, all other portions of this Compact
remain in full force and effect as to the remaining party states and in
full force and effect as to the party state affected, as to all other
provisions.
Article XI. Adjudication of Disputes
(1) The Council:
(a) Has initial authority to make determinations with respect to
any dispute regarding:
(i) Interpretation of this Compact;
(ii) Any rule or standard established by the Council
pursuant to Article VI; and
(iii) Any dispute or controversy between any parties to this
Compact; and
(b) Shall hold a hearing concerning any dispute described in
subsection (1)(a) at a regularly scheduled meeting of the Council and
only render a decision based upon a majority vote of the members of the
Council. The decision must be published pursuant to the requirements of
Article VI(5).
(2) The FBI shall exercise immediate and necessary action to
preserve the integrity of the III System, to maintain system policy and
standards, to protect the accuracy and privacy of records, and to prevent
abuses until the Council holds a hearing on the matters.
(3) The FBI or a party state may appeal any decision of the Council
to the Attorney General and after that appeal may file suit in the
appropriate District Court of the United States that has original
jurisdiction of all cases or controversies arising under this Compact.
Any suit arising under this Compact and initiated in a state court must
be removed to the appropriate District Court of the United States in the
manner provided by section 1446 of Title 28, United States Code, or other
statutory authority.
(Added to NRS by 1999, 771 )
PENALTIES
Any person who:
1. Willfully requests, obtains or seeks to obtain records of
criminal history under false pretenses;
2. Willfully communicates or seeks to communicate records of
criminal history to any agency or person except pursuant to this chapter;
or
3. Willfully falsifies any record of criminal history or any
record relating to records of criminal history,
Ê is guilty of a misdemeanor.
(Added to NRS by 1979, 1855)—(Substituted in revision for NRS
179A.300)
