2005 Nevada Revised Statutes - Chapter 179A — Records of Criminal History and Information Relating to Public Safety

CHAPTER 179A - RECORDS OF CRIMINAL HISTORYAND INFORMATION RELATING TO PUBLIC SAFETY

GENERAL PROVISIONS

NRS 179A.010 Definitions.

NRS 179A.020 Administrationof criminal justice defined.

NRS 179A.030 Agencyof criminal justice defined.

NRS 179A.045 CentralRepository defined.

NRS 179A.047 Childdefined.

NRS 179A.049 Departmentdefined.

NRS 179A.050 Dispositiondefined.

NRS 179A.060 Disseminationdefined.

NRS 179A.066 Offenderconvicted of a crime against a child defined. [Effective July 1, 2006.]

NRS 179A.070 Recordof criminal history defined.

NRS 179A.071 Recordof registration defined. [Effective July 1, 2006.]

NRS 179A.072 Sexoffender defined. [Effective July 1, 2006.]

NRS 179A.073 Sexualoffense defined.

CENTRAL REPOSITORY FOR NEVADA RECORDS OF CRIMINAL HISTORY

NRS 179A.075 Creation;duties of agencies of criminal justice and certain other agencies; duties andpowers of Department and Central Repository.

NRS 179A.078 UniformProgram for Reporting Crimes: Establishment; purpose.

NRS 179A.079 AdvisoryCommittee on Nevada Criminal Justice Information Sharing: Creation; members;duties; terms of office; meetings.

NRS 179A.080 Dutiesof Director of Department.

NRS 179A.090 Prerequisiteto dissemination of records; exceptions.

NRS 179A.100 Recordsthat may be disseminated without restriction; records that must be disseminatedupon request; information that must be disseminated only with written consent.[Effective through June 30, 2006.]

NRS 179A.100 Recordsthat may be disseminated without restriction; records that must be disseminatedupon request; information that must be disseminated regardless of writtenconsent; information that must be disseminated only with written consent. [EffectiveJuly 1, 2006.]

NRS 179A.105 Immunityof employer who fails to request information concerning criminal history ofvolunteer. [Effective through June 30, 2006.]

NRS 179A.105 Immunityof employer who fails to request certain information concerning volunteer.[Effective July 1, 2006.]

NRS 179A.110 Furtherdissemination of information or records.

NRS 179A.120 Disclosuresto victims of crime.

NRS 179A.130 Logto be maintained of dissemination of information relating to records ofcriminal history.

NRS 179A.140 Feefor furnishing information relating to records of criminal history; use ofmoney collected. [Effective through June 30, 2006.]

NRS 179A.140 Feefor furnishing information relating to records of criminal history; use ofmoney collected. [Effective July 1, 2006.]

NRS 179A.150 Inspectionand correction of information contained in record of criminal history.

NRS 179A.160 Removalof certain records where disposition of case favorable to accused.

PROGRAM FOR REPORTING CRIMES RELATED TO PREJUDICE

NRS 179A.175 EstablishingProgram; adoption of guidelines for collection of statistical data; report;data to be used only for research or statistical purposes.

DISSEMINATION OF INFORMATION RELATING TO CERTAIN OFFENSES

NRS 179A.180 Definitions.

NRS 179A.190 Noticeof information may be disseminated to employers; use by employer; employer notliable for discrimination; other dissemination or release; offenses for whichnotice may be disseminated.

NRS 179A.200 Employermay request notice of information; requirements for making request.

NRS 179A.210 Requestby employer for notice of information; search by Central Repository;dissemination of notice; written report required; correction of information;receipt of new information.

NRS 179A.220 Hearings.

NRS 179A.230 Whenperson who is subject of notice of information may bring action for damages;when child who is victim of offense committed by employee may bring action fordamages against employer; statute of limitations.

NRS 179A.240 Unlawfulacts.

PROGRAM TO COMPILE AND ANALYZE DATA RELATING TO SEXUALOFFENSES

NRS 179A.270 Legislativedeclaration.

NRS 179A.280 Definitions.

NRS 179A.290 Establishment;purposes; assistance from Department of Corrections and Division of Parole andProbation; report; limitations.

ACCOUNT TO INVESTIGATE BACKGROUND OF VOLUNTEERS WHO WORK WITHCHILDREN

NRS 179A.310 Creation;administration; purpose; regulations; failure to apply for grant or requestbackground investigation is not evidence of negligence or causation.

NRS 179A.315 Donationsto Account: Forms and procedures; deposit with State Treasurer.

REPOSITORY FOR INFORMATION CONCERNING ORDERS FORPROTECTION AGAINST DOMESTIC VIOLENCE

NRS 179A.350 Creation;contents; prompt entry of information; accessibility.

REPOSITORY FOR INFORMATION CONCERNING MISSING PERSONS

NRS 179A.400 Creation;contents; retention of records; dissemination of information.

NRS 179A.410 Telephoneservice to disseminate information; availability; agencies of criminal justiceto provide toll-free number upon request.

NATIONAL CRIME PREVENTION AND PRIVACY COMPACT

NRS 179A.800 Enactment;text.

PENALTIES

NRS 179A.900 Unlawfulacts.

_________

GENERAL PROVISIONS

NRS 179A.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS179A.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)

NRS 179A.020 Administrationof criminal justice defined. Administrationof criminal justice means detection, apprehension, detention, release pendingtrial or after trial, prosecution, adjudication, correctional supervision orrehabilitation of accused persons or criminal offenders, and includes criminalidentification activities and the collection, storage and dissemination ofrecords of criminal history.

(Added to NRS by 1979, 1850)

NRS 179A.030 Agencyof criminal justice defined. Agency ofcriminal justice means:

1. Any court; and

2. Any governmental agency which performs a functionin the administration of criminal justice pursuant to a statute or executiveorder, and which allocates a substantial part of its budget to a function inthe administration of criminal justice.

(Added to NRS by 1979, 1850)

NRS 179A.045 CentralRepository defined. Central Repositorymeans the Central Repository for Nevada Records of Criminal History.

(Added to NRS by 1985, 912)

NRS 179A.047 Childdefined. Child means a person under the ageof 16 years.

(Added to NRS by 1987, 1760)

NRS 179A.049 Departmentdefined. Department means the Department ofPublic Safety.

(Added to NRS by 1987, 1760; A 2001, 2574)

NRS 179A.050 Dispositiondefined. Disposition means the formal conclusionof a criminal proceeding at any point in the administration of criminal justicewhich shows the nature of the conclusion.

(Added to NRS by 1979, 1850)

NRS 179A.060 Disseminationdefined. Dissemination means disclosingrecords of criminal history or the absence of records of criminal history to aperson or agency outside the organization which has control of the information.

(Added to NRS by 1979, 1850; A 1985, 912)

NRS 179A.066 Offender convicted of a crime against a child defined.[Effective July 1, 2006.] Offender convicted ofa crime against a child has the meaning ascribed to it in NRS 179D.216.

(Added to NRS by 2005, 2864)

NRS 179A.070 Recordof criminal history defined.

1. Record of criminal history means informationcontained in records collected and maintained by agencies of criminal justice,the subject of which is a natural person, consisting of descriptions whichidentify the subject and notations of summons in a criminal action, warrants,arrests, citations for misdemeanors issued pursuant to NRS 171.1773, citations issued forviolations of NRS 484.379, 484.3795 and 484.37955, detentions, decisions of adistrict attorney or the Attorney General not to prosecute the subject,indictments, informations or other formal criminal charges and dispositions ofcharges, including, without limitation, dismissals, acquittals, convictions,sentences, information set forth in NRS209.353 concerning an offender in prison, any postconviction relief,correctional supervision occurring in Nevada, information concerning the statusof an offender on parole or probation, and information concerning a convictedperson who has registered as such pursuant to chapter179C of NRS. The term includes only information contained in a record,maintained in written or electronic form, of a formal transaction between aperson and an agency of criminal justice in this State, including, withoutlimitation, the fingerprints of a person who is arrested and taken into custodyand of a person who is placed on parole or probation and supervised by theDivision of Parole and Probation of the Department.

2. Record of criminal history does not include:

(a) Investigative or intelligence information, reportsof crime or other information concerning specific persons collected in thecourse of the enforcement of criminal laws;

(b) Information concerning juveniles;

(c) Posters, announcements or lists intended toidentify fugitives or wanted persons and aid in their apprehension;

(d) Original records of entry maintained by agencies ofcriminal 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, withoutlimitation, permits to work in the gaming industry;

(f) Except as otherwise provided in subsection 1, courtindexes and records of public judicial proceedings, court decisions andopinions, 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 Departmentto regulate the issuance, suspension, revocation or renewal of drivers orother operators licenses;

(i) Announcements of actions by the State Board ofPardons Commissioners and the State Board of Parole Commissioners, exceptinformation concerning the status of an offender on parole or probation; or

(j) Records which originated in an agency other than anagency 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)

NRS 179A.071 Record of registration defined. [Effective July 1, 2006.] Record of registration has the meaning ascribed to it inNRS 179D.150.

(Added to NRS by 2005, 2864)

NRS 179A.072 Sex offender defined.[Effective July 1, 2006.] Sex offender has the meaning ascribed to it inNRS 179D.400.

(Added to NRS by 2005, 2864)

NRS 179A.073 Sexualoffense defined.

1. Sexual offense includes acts upon a childconstituting:

(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 thesexual conduct of a child under NRS 200.730;

(f) Incest under NRS201.180;

(g) Solicitation of a minor to engage in the infamouscrime 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 committedoutside the State that would constitute any of the offenses in subsection 1 ifcommitted in the State, and the aiding, abetting, attempting or conspiring toengage 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

NRS 179A.075 Creation;duties of agencies of criminal justice and certain other agencies; duties andpowers of Department and Central Repository.

1. The Central Repository for Nevada Records ofCriminal History is hereby created within the Department.

2. Each agency of criminal justice and any otheragency dealing with crime or delinquency of children shall:

(a) Collect and maintain records, reports andcompilations of statistical data required by the Department; and

(b) Submit the information collected to the CentralRepository in the manner approved by the Director of the Department.

3. Each agency of criminal justice shall submit theinformation relating to records of criminal history that it creates or issues,and any information in its possession relating to the genetic markers of abiological specimen of a person who is convicted of an offense listed insubsection 4 of NRS 176.0913, to theDepartment:

(a) Through an electronic network;

(b) On a medium of magnetic storage; or

(c) In the manner prescribed by the Director of theDepartment,

within theperiod prescribed by the Director of the Department. If an agency has submitteda record regarding the arrest of a person who is later determined by the agencynot to be the person who committed the particular crime, the agency shall,immediately upon making that determination, so notify the Department. The Departmentshall delete all references in the Central Repository relating to that particulararrest.

4. The Department shall, in the manner prescribed bythe Director of the Department:

(a) Collect, maintain and arrange all informationsubmitted to it relating to:

(1) Records of criminal history; and

(2) The genetic markers of a biological specimenof a person who is convicted of an offense listed in subsection 4 of NRS 176.0913.

(b) When practicable, use a record of the personalidentifying information of a subject as the basis for any records maintainedregarding him.

(c) Upon request, provide the information that iscontained in the Central Repository to the State Disaster Identification Teamof the Division of Emergency Management of the Department.

5. The Department may:

(a) Disseminate any information which is contained inthe Central Repository to any other agency of criminal justice;

(b) Enter into cooperative agreements with federal andstate repositories to facilitate exchanges of information that may bedisseminated pursuant to paragraph (a); and

(c) Request of and receive from the Federal Bureau ofInvestigation information on the background and personal history of any personwhose record of fingerprints the Central Repository submits to the FederalBureau of Investigation and:

(1) Who has applied to any agency of the Stateof Nevada or any political subdivision thereof for a license which it has thepower to grant or deny;

(2) With whom any agency of the State of Nevadaor any political subdivision thereof intends to enter into a relationship ofemployment or a contract for personal services;

(3) Who has applied to any agency of the Stateof Nevada or any political subdivision thereof to attend an academy fortraining peace officers approved by the Peace Officers Standards and TrainingCommission;

(4) For whom such information is required to beobtained pursuant to NRS 449.179; or

(5) About whom any agency of the State of Nevadaor any political subdivision thereof has a legitimate need to have accuratepersonal information for the protection of the agency or the persons within itsjurisdiction.

To requestand receive information from the Federal Bureau of Investigation concerning aperson pursuant to this subsection, the Central Repository must receive thepersons complete set of fingerprints from the agency or political subdivisionand submit the fingerprints to the Federal Bureau of Investigation for itsreport.

6. The Central Repository shall:

(a) Collect and maintain records, reports andcompilations of statistical data submitted by any agency pursuant to subsection2.

(b) Tabulate and analyze all records, reports andcompilations of statistical data received pursuant to this section.

(c) Disseminate to federal agencies engaged in thecollection of statistical data relating to crime information which is containedin the Central Repository.

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

(1) Has applied to the Superintendent of PublicInstruction 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,

and notify thesuperintendent of each county school district, the governing body of eachcharter school and the Superintendent of Public Instruction, or the administratorof each private school, as appropriate, if the investigation of the Central Repositoryindicates 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 anyoffense involving moral turpitude.

(e) Upon discovery, notify the superintendent of eachcounty school district, the governing body of each charter school or theadministrator of each private school, as appropriate, by providing thesuperintendent, 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 theCentral Repository for investigation,

who theCentral Repositorys 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 anyoffense involving moral turpitude since the Central Repositorys initial investigation.The superintendent of each county school district, the governing body of acharter school or the administrator of each private school, as applicable,shall determine whether further investigation or action by the district, charterschool or private school, as applicable, is appropriate.

(f) Investigate the criminal history of each person whosubmits fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or 449.179.

(g) On or before July 1 of each year, prepare andpresent to the Governor a printed annual report containing the statistical datarelating to crime received during the preceding calendar year. Additionalreports may be presented to the Governor throughout the year regarding specificareas of crime if they are approved by the Director of the Department.

(h) On or before July 1 of each year, prepare andsubmit to the Director of the Legislative Counsel Bureau, for submission to theLegislature, or the Legislative Commission when the Legislature is not inregular session, a report containing statistical data about domestic violencein this State.

(i) Identify and review the collection and processingof statistical data relating to criminal justice and the delinquency ofchildren by any agency identified in subsection 2, and make recommendations forany necessary changes in the manner of collecting and processing statisticaldata by any such agency.

7. The Central Repository may:

(a) In the manner prescribed by the Director of theDepartment, disseminate compilations of statistical data and publishstatistical reports relating to crime or the delinquency of children.

(b) Charge a reasonable fee for any publication orspecial report it distributes relating to data collected pursuant to thissection. The Central Repository may not collect such a fee from an agency ofcriminal justice, any other agency dealing with crime or the delinquency ofchildren which is required to submit information pursuant to subsection 2 orthe State Disaster Identification Team of the Division of Emergency Managementof the Department. All money collected pursuant to this paragraph must be usedto pay for the cost of operating the Central Repository.

(c) In the manner prescribed by the Director of theDepartment, use electronic means to receive and disseminate informationcontained in the Central Repository that it is authorized to disseminatepursuant to the provisions of this chapter.

8. As used in this section:

(a) Personal identifying information means anyinformation designed, commonly used or capable of being used, alone or inconjunction with any other information, to identify a person, including,without limitation:

(1) The name, drivers license number, socialsecurity number, date of birth and photograph or computer-generated image of aperson; and

(2) The fingerprints, voiceprint, retina imageand 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)

NRS 179A.078 UniformProgram for Reporting Crimes: Establishment; purpose. TheDirector of the Department shall establish within the Central Repository aUniform Program for Reporting Crimes that is designed to collect statisticaldata relating to crime or delinquency of children and to facilitate thecollection and analysis of statistical data relating to crime at a centrallocation.

(Added to NRS by 1991, 824; A 1993, 362; 1997, 454; 2005, 903)

NRS 179A.079 Advisory Committee on Nevada Criminal Justice InformationSharing: Creation; members; duties; terms of office; meetings.

1. The Director of the Department shall establishwithin the Department the Advisory Committee on Nevada Criminal Justice InformationSharing.

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 orhis designee;

(d) One member who is a representative of theJudicial Branch of State Government, appointed by the Chief Justice of theSupreme Court;

(e) One member appointed by the Nevada Sheriffs andChiefs Association, or a successor organization;

(f) One member appointed by the Nevada DistrictAttorneys Association, or a successor organization;

(g) One member appointed by the Director of theDepartment who uses the Central Repository to obtain information relating torecords of criminal history for purposes other than criminal justice, which mayinclude, without limitation, for purposes of determining eligibility of personsfor employment or licensure;

(h) One member of the Senate appointed by the MajorityLeader of the Senate; and

(i) One member of the Assembly appointed by the Speakerof the Assembly.

3. The Advisory Committee shall:

(a) Recommend policies and procedures that apply thebest management practices to the activities at the Central Repository;

(b) Advise on technological support for the CentralRepository; and

(c) Advise on the integrated information sharing ofstatistical data relating to crime or the delinquency of children.

4. Each member that is appointed to the AdvisoryCommittee pursuant to subsection 2, other than a member of the Senate or theAssembly, shall serve a term of 3 years. A member of the Senate and theAssembly appointed to the Advisory Committee shall serve until a replacement isappointed. Any vacancy occurring in the membership of the Advisory Committeemust 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 theDepartment as he deems necessary to assist the Advisory Committee in itsduties.

7. Members of the Advisory Committee serve withoutcompensation. If sufficient money is available, members are entitled to travelallowances provided for state officers and employees generally while attendingmeetings of the Advisory Committee.

(Added to NRS by 2005, 900)

NRS 179A.080 Dutiesof Director of Department. The Director of theDepartment is responsible for administering this chapter and may adoptregulations for that purpose. The Director shall:

1. Adopt regulations for the security of the CentralRepository so that it is adequately protected from fire, theft, loss,destruction, other hazards and unauthorized access.

2. Adopt regulations and standards for personnelemployed by agencies of criminal justice in positions of responsibility formaintenance and dissemination of information relating to records of criminalhistory and information disseminated pursuant to NRS 179A.180 to 179A.240, inclusive.

3. Provide for audits of informational systems byqualified public or private agencies, organizations or persons.

(Added to NRS by 1979, 1854; A 1981, 2010; 1985, 913,1978; 1987, 1765; 2003,2837)

NRS 179A.090 Prerequisiteto dissemination of records; exceptions. Noagency of criminal justice in Nevada may disseminate any record of criminalhistory which includes information about a felony or a gross misdemeanorwithout first making inquiry of the Central Repository, to obtain the mostcurrent and complete information available, unless:

1. The information is needed for a purpose in theadministration of criminal justice for which time is essential, and the CentralRepository is not able to respond within the required time;

2. The full information requested and to bedisseminated relates to specific facts or incidents which are within the directknowledge of an officer, agent or employee of the agency which disseminates theinformation;

3. The full information requested and to bedisseminated was received as part of a summary of records of criminal historyfrom the Central Repository within 30 days before the information isdisseminated;

4. The statute, executive order, court rule or courtorder under which the information is to be disseminated refers only toinformation which is in the files of the agency which makes the dissemination;

5. The information requested and to be disseminated isfor the express purpose of research, evaluation or statistical activities to bebased upon information maintained in the files of the agency or agencies fromwhich the information is sought; or

6. The information is requested by a compensationofficer of the State Board of Examiners pursuant to NRS 217.090.

(Added to NRS by 1979, 1851; A 1981, 1673; 1985, 913)

NRS 179A.100 Recordsthat may be disseminated without restriction; records that must be disseminatedupon request; information that must be disseminated only with written consent.[Effective through June 30, 2006.]

1. The following records of criminal history may bedisseminated by an agency of criminal justice without any restriction pursuantto this chapter:

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

(b) Any which pertain to an incident for which a personis currently within the system of criminal justice, including parole orprobation.

2. Without any restriction pursuant to this chapter, arecord of criminal history or the absence of such a record may be:

(a) Disclosed among agencies which maintain a systemfor the mutual exchange of criminal records.

(b) Furnished by one agency to another to administerthe system of criminal justice, including the furnishing of information by apolice department to a district attorney.

(c) Reported to the Central Repository.

3. An agency of criminal justice shall disseminate toa prospective employer, upon request, records of criminal history concerning aprospective employee or volunteer which:

(a) Reflect convictions only; or

(b) Pertain to an incident for which the prospectiveemployee or volunteer is currently within the system of criminal justice,including parole or probation.

4. In addition to any other information to which anemployer is entitled or authorized to receive, the Central Repository shalldisseminate to a prospective or current employer the information described insubsection 4 of NRS 179A.190concerning an employee, prospective employee, volunteer or prospectivevolunteer who gives his written consent to the release of that information ifthe employer submits a request in the manner set forth in NRS 179A.200 for obtaining a notice ofinformation. The Central Repository shall search for and disseminate suchinformation in the manner set forth in NRS179A.210 for the dissemination of a notice of information. Except asotherwise provided in this subsection, the provisions of NRS 179A.180 to 179A.240, inclusive, do not apply to anemployer who requests information and to whom information is disseminatedpursuant to this subsection.

5. Records of criminal history must be disseminated byan agency of criminal justice, upon request, to the following persons orgovernmental entities:

(a) The person who is the subject of the record ofcriminal history for the purposes of NRS179A.150.

(b) The person who is the subject of the record ofcriminal history or his attorney of record when the subject is a party in ajudicial, administrative, licensing, disciplinary or other proceeding to whichthe information is relevant.

(c) The State Gaming Control Board.

(d) The State Board of Nursing.

(e) The Private Investigators Licensing Board toinvestigate an applicant for a license.

(f) A public administrator to carry out his duties asprescribed in chapter 253 of NRS.

(g) A public guardian to investigate a ward or proposedward or persons who may have knowledge of assets belonging to a ward orproposed ward.

(h) Any agency of criminal justice of the United Statesor of another state or the District of Columbia.

(i) Any public utility subject to the jurisdiction ofthe Public Utilities Commission of Nevada when the information is necessary toconduct a security investigation of an employee or prospective employee, or toprotect the public health, safety or welfare.

(j) Persons and agencies authorized by statute,ordinance, executive order, court rule, court decision or court order asconstrued by appropriate state or local officers or agencies.

(k) Any person or governmental entity which has enteredinto a contract to provide services to an agency of criminal justice relatingto the administration of criminal justice, if authorized by the contract, andif the contract also specifies that the information will be used only forstated purposes and that it will be otherwise confidential in accordance withstate and federal law and regulation.

(l) Any reporter for the electronic or printed media inhis professional capacity for communication to the public.

(m) Prospective employers if the person who is thesubject of the information has given written consent to the release of thatinformation by the agency which maintains it.

(n) For the express purpose of research, evaluative orstatistical programs pursuant to an agreement with an agency of criminaljustice.

(o) An agency which provides child welfare services, asdefined in NRS 432B.030.

(p) The Division of Welfare and Supportive Services ofthe Department of Health and Human Services or its designated representative.

(q) An agency of this or any other state or the FederalGovernment that is conducting activities pursuant to Part D of Subchapter IV ofChapter 7 of Title 42 of the Social Security Act, 42 U.S.C. 651 et seq.

(r) The State Disaster Identification Team of theDivision 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 whichreceive information from sources outside this State concerning transactionsinvolving criminal justice which occur outside Nevada shall treat theinformation 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)

NRS 179A.100 Records that may be disseminatedwithout restriction; records that must be disseminated upon request;information that must be disseminated regardless of written consent;information that must be disseminated only with written consent. [EffectiveJuly 1, 2006.]

1. The following records of criminal history may bedisseminated by an agency of criminal justice without any restriction pursuantto this chapter:

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

(b) Any which pertain to an incident for which a personis currently within the system of criminal justice, including parole orprobation.

2. Without any restriction pursuant to this chapter, arecord of criminal history or the absence of such a record may be:

(a) Disclosed among agencies which maintain a systemfor the mutual exchange of criminal records.

(b) Furnished by one agency to another to administerthe system of criminal justice, including the furnishing of information by apolice department to a district attorney.

(c) Reported to the Central Repository.

3. An agency of criminal justice shall disseminate toa prospective employer, upon request, records of criminal history concerning aprospective employee or volunteer which:

(a) Reflect convictions only; or

(b) Pertain to an incident for which the prospectiveemployee or volunteer is currently within the system of criminal justice,including parole or probation.

4. In addition to any other information to which anemployer is entitled or authorized to receive, the Central Repository shalldisseminate to a prospective or current employer the information contained in arecord of registration concerning an employee, prospective employee, volunteeror prospective volunteer who is a sex offender or an offender convicted of acrime against a child, regardless of whether the employee, prospectiveemployee, volunteer or prospective volunteer gives his written consent to therelease of that information. The Central Repository shall disseminate suchinformation in a manner that does not reveal the name of an individual victimof an offense. A request for information pursuant to this subsection must conformto the requirements of the Central Repository and must include:

(a) The name and address of the employer, and the nameand signature of the person requesting the notice on behalf of the employer;

(b) The name and address of the employers facility inwhich the employee, prospective employee, volunteer or prospective volunteer isemployed or volunteers or is seeking to become employed or volunteer; and

(c) The name and other identifying information of theemployee, prospective employee, volunteer or prospective volunteer.

5. In addition to any other information to which anemployer is entitled or authorized to receive, the Central Repository shalldisseminate to a prospective or current employer the information described insubsection 4 of NRS 179A.190 concerningan employee, prospective employee, volunteer or prospective volunteer who giveshis written consent to the release of that information if the employer submitsa request in the manner set forth in NRS179A.200 for obtaining a notice of information. The Central Repositoryshall search for and disseminate such information in the manner set forth in NRS 179A.210 for the dissemination of anotice of information.

6. Except as otherwise provided in subsection 5, theprovisions of NRS 179A.180 to 179A.240, inclusive, do not apply to anemployer who requests information and to whom information is disseminatedpursuant to subsections 4 and 5.

7. Records of criminal history must be disseminated byan agency of criminal justice upon request, to the following persons orgovernmental entities:

(a) The person who is the subject of the record ofcriminal history for the purposes of NRS179A.150.

(b) The person who is the subject of the record ofcriminal history or his attorney of record when the subject is a party in ajudicial, administrative, licensing, disciplinary or other proceeding to whichthe information is relevant.

(c) The State Gaming Control Board.

(d) The State Board of Nursing.

(e) The Private Investigators Licensing Board toinvestigate an applicant for a license.

(f) A public administrator to carry out his duties asprescribed in chapter 253 of NRS.

(g) A public guardian to investigate a ward or proposedward or persons who may have knowledge of assets belonging to a ward orproposed ward.

(h) Any agency of criminal justice of the United Statesor of another state or the District of Columbia.

(i) Any public utility subject to the jurisdiction ofthe Public Utilities Commission of Nevada when the information is necessary toconduct a security investigation of an employee or prospective employee, or toprotect 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 byappropriate state or local officers or agencies.

(k) Any person or governmental entity which has enteredinto a contract to provide services to an agency of criminal justice relatingto the administration of criminal justice, if authorized by the contract, andif the contract also specifies that the information will be used only forstated purposes and that it will be otherwise confidential in accordance withstate and federal law and regulation.

(l) Any reporter for the electronic or printed media inhis professional capacity for communication to the public.

(m) Prospective employers if the person who is thesubject of the information has given written consent to the release of thatinformation by the agency which maintains it.

(n) For the express purpose of research, evaluative orstatistical programs pursuant to an agreement with an agency of criminaljustice.

(o) An agency which provides child welfare services, asdefined in NRS 432B.030.

(p) The Division of Welfare and Supportive Services ofthe Department of Health and Human Services or its designated representative.

(q) An agency of this or any other state or the FederalGovernment that is conducting activities pursuant to Part D of Subchapter IV ofChapter 7 of Title 42 of the Social Security Act, 42 U.S.C. 651 et seq.

(r) The State Disaster Identification Team of theDivision 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 whichreceive information from sources outside this State concerning transactionsinvolving criminal justice which occur outside Nevada shall treat theinformation 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 July1, 2006)

NRS 179A.105 Immunityof employer who fails to request information concerning criminal history ofvolunteer. [Effective through June 30, 2006.] Anemployer who fails to request information concerning the criminal history of avolunteer or prospective volunteer as authorized pursuant to subsection 4 of NRS 179A.100 is not liable to a childserved by the employer for civil damages suffered by the child as a result ofan offense listed in subsection 4 of NRS179A.190 committed against the child by such a volunteer or prospectivevolunteer.

(Added to NRS by 2003, 2834)

NRS 179A.105 Immunity of employer who fails torequest certain information concerning volunteer. [Effective July 1, 2006.] An employer who fails to request:

1. The information contained in a record ofregistration concerning a volunteer or prospective volunteer who is a sexoffender or an offender convicted of a crime against a child, as authorizedpursuant to subsection 4 of NRS 179A.100;or

2. The information described in subsection 4 of NRS 179A.190 concerning a volunteer orprospective volunteer, as authorized pursuant to subsection 5 of NRS 179A.100,

is notliable to a child served by the employer for civil damages suffered by thechild as a result of an offense listed in subsection 4 of NRS 179A.190 committed against the child bysuch a volunteer or prospective volunteer.

(Added to NRS by 2003, 2834; A 2005, 2866, effectiveJuly 1, 2006)

NRS 179A.110 Furtherdissemination of information or records. No personwho receives information relating to records of criminal history pursuant tothis chapter or who receives information pursuant to NRS 179A.180 to 179A.240, inclusive, may disseminate itfurther without express authority of law or in accordance with a court order.This section does not prohibit the dissemination of material by an employee ofthe electronic or printed media in his professional capacity for communicationto the public.

(Added to NRS by 1979, 1853; A 1987, 1767; 2003, 2839)

NRS 179A.120 Disclosuresto victims of crime.

1. Agencies of criminal justice may disclose tovictims of a crime, members of their families or their guardians the identityof persons suspected of being responsible for the crime, including juvenileswho have been certified to stand trial as adults, together with information,including dispositions, which may be of assistance to the victim in obtainingredress for his injury or loss in a civil action. This disclosure may be maderegardless of whether charges have been filed, and even if a prosecutingattorney has declined to file charges or the charge has been dismissed.

2. Disclosure of investigative information pursuant tothis section does not establish a duty to disclose any additional informationconcerning the same incident or make any disclosure of information obtained byan investigation, except as compelled by legal process.

(Added to NRS by 1979, 1853; A 1981, 2025)

NRS 179A.130 Logto be maintained of dissemination of information relating to records ofcriminal history. Each agency of criminaljustice which maintains and disseminates information relating to records ofcriminal history must maintain a log of each dissemination of that informationother than a dissemination of the fact that the agency has no record relatingto a certain person. The log must be maintained for at least 1 year after theinformation is disseminated, and must contain:

1. An entry showing to what agency or person theinformation 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)

NRS 179A.140 Feefor furnishing information relating to records of criminal history; use ofmoney collected. [Effective through June 30, 2006.]

1. Except as otherwise provided in this subsection, anagency of criminal justice may charge a reasonable fee for information relatingto records of criminal history provided to any person or governmental entity.An agency of criminal justice shall not charge a fee for providing suchinformation to another agency of criminal justice if the information isprovided for purposes of the administration of criminal justice, or forproviding such information to the State Disaster Identification Team of theDivision of Emergency Management of the Department. The Central Repositoryshall not charge such a fee for information relating to a person regarding whomthe Central Repository provided a similar report within the immediatelypreceding 6 months in conjunction with the application by that person forprofessional licensure.

2. All money received or collected by the Departmentpursuant to this section must be used to defray the cost of operating theCentral Repository.

(Added to NRS by 1979, 1855; A 1985, 915; 1987, 1767;1995, 1912; 1997, 1305, 3263; 2001, 2578; 2003, 2839)

NRS 179A.140 Fee for furnishing informationrelating to records of criminal history; use of money collected. [EffectiveJuly 1, 2006.]

1. Except as otherwise provided in this section, anagency of criminal justice may charge a reasonable fee for information relatingto records of criminal history provided to any person or governmental entity.

2. An agency of criminal justice shall not charge afee for providing such information to another agency of criminal justice if theinformation is provided for purposes of the administration of criminal justice,or for providing such information to the State Disaster Identification Team ofthe 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 whomthe Central Repository provided a similar report within the immediatelypreceding 6 months in conjunction with the application by that person forprofessional licensure; or

(b) For information contained in a record ofregistration concerning an employee, prospective employee, volunteer orprospective volunteer who is a sex offender or an offender convicted of a crimeagainst a child or records of criminal history requested by and provided to anonprofit organization that is recognized as exempt from taxation pursuant to26 U.S.C. 501(c)(3).

4. The Director may request an allocation from theContingency Fund pursuant to NRS 353.266,353.268 and 353.269 to cover the costs incurred by theDepartment to carry out the provisions of paragraph (b) of subsection 3.

5. All money received or collected by the Departmentpursuant to this section must be used to defray the cost of operating theCentral 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)

NRS 179A.150 Inspectionand correction of information contained in record of criminal history.

1. The Central Repository and each state, municipal,county or metropolitan police agency shall permit a person, who is or believeshe may be the subject of information relating to records of criminal historymaintained by that agency, to appear in person during normal business hours ofthe agency and inspect any recorded information held by that agency pertainingto him. This right of access does not extend to data contained in intelligence,investigative or other related files, and does not include any informationother than information contained in a record of criminal history.

2. Each such agency shall adopt regulations and makeavailable necessary forms to permit inspection and review of informationrelating to other records of criminal history by those persons who are thesubjects thereof. The regulations must specify:

(a) The reasonable periods during which the records areavailable for inspection;

(b) The requirements for proper identification of thepersons seeking access to the records; and

(c) The reasonable charges or fees, if any, forinspecting records.

3. Each such agency shall procure for and furnish toany person who requests it and pays a reasonable fee therefor, all of theinformation contained in the Central Repository which pertains to the personmaking the request.

4. The Director of the Department shall adoptregulations governing:

(a) All challenges to the accuracy or sufficiency ofinformation relating to records of criminal history by the person who is thesubject of the allegedly inaccurate or insufficient record;

(b) The correction of any information relating torecords of criminal history found by the Director to be inaccurate,insufficient or incomplete in any material respect;

(c) The dissemination of corrected information to thosepersons or agencies which have previously received inaccurate or incompleteinformation; and

(d) A time limit of not more than 90 days within whichinaccurate or insufficient information relating to records of criminal historymust be corrected and the corrected information disseminated. The correctedinformation must be sent to each person who requested the information in the 12months preceding the date on which the correction was made, and notice of thecorrection must be sent to each person entitled thereto pursuant to NRS 179A.210, to the address given byeach 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)

NRS 179A.160 Removalof certain records where disposition of case favorable to accused.

1. If a person has been arrested or issued a citation,or has been the subject of a warrant for alleged criminal conduct and theperson is acquitted of the charge or the disposition of the charge is favorableto the person, at any time after the charge is dismissed, acquittal is enteredor disposition of the charge in favor of the person is final, the person who isthe subject of a record of criminal history relating to the arrest, citation orwarrant may apply in writing to the Central Repository and the agency whichmaintains the record to have it removed from the files which are available andgenerally searched for the purpose of responding to inquiries concerning thecriminal history of a person.

2. The Central Repository and the agency shall removethe record unless:

(a) The defendant is a fugitive;

(b) The case is under active prosecution according to acurrent certificate of a prosecuting attorney;

(c) The disposition of the case was a deferredprosecution, plea bargain or other similar disposition;

(d) The person who is the subject of the record has aprior conviction for a felony or gross misdemeanor in any jurisdiction in theUnited States; or

(e) The person who is the subject of the record hasbeen arrested for or charged with another crime, other than a minor trafficviolation, since the arrest, citation or warrant which he seeks to have removedfrom the record.

3. This section does not restrict the authority of acourt to order the deletion or modification of a record in a particular causeor concerning a particular person or event.

(Added to NRS by 1979, 1853; A 1985, 916; 2001, 1694)

PROGRAM FOR REPORTING CRIMES RELATED TO PREJUDICE

NRS 179A.175 EstablishingProgram; adoption of guidelines for collection of statistical data; report;data to be used only for research or statistical purposes.

1. The Director of the Department shall establishwithin the Central Repository a Program for Reporting Crimes that manifestevidence of prejudice based on race, color, religion, national origin, physicalor mental disability or sexual orientation.

2. The Program must be designed to collect, compileand analyze statistical data about crimes that manifest evidence of prejudicebased on race, color, religion, national origin, physical or mental disabilityor sexual orientation. The Director shall adopt guidelines for the collectionof the statistical data, including, but not limited to, the criteria toestablish the presence of prejudice.

3. The Criminal Repository shall include in its annualreport to the Governor pursuant to subsection 6 of NRS 179A.075, and in any otherappropriate report, an independent section relating solely to the analysis ofcrimes that manifest evidence of prejudice based on race, color, religion, nationalorigin, physical or mental disability or sexual orientation.

4. Data acquired pursuant to this section must be usedonly for research or statistical purposes and must not contain any informationthat may reveal the identity of an individual victim of a crime.

(Added to NRS by 1995, 2706)

DISSEMINATION OF INFORMATION RELATING TO CERTAIN OFFENSES

NRS 179A.180 Definitions. As used in NRS179A.180 to 179A.240, inclusive,unless the context otherwise requires:

1. Employee means a person who renders time andservices to an employer, and whose regular course of duties places that personin a position to:

(a) Exercise supervisory or disciplinary control overchildren;

(b) Have direct access to or contact with childrenserved by the employer; or

(c) Have access to information or records maintained bythe employer relating to identifiable children served by the employer,

and includesa prospective employee, but does not include a volunteer or prospectivevolunteer.

2. Employer means a person, or a governmental agencyor political subdivision of this State that is not an agency of criminaljustice, whose employees regularly render services to children, includingwithout limitation care, treatment, transportation, instruction, companionship,entertainment and custody.

(Added to NRS by 1987, 1760; A 1989, 993)

NRS 179A.190 Noticeof information may be disseminated to employers; use by employer; employer notliable for discrimination; other dissemination or release; offenses for whichnotice may be disseminated.

1. Notice of information relating to the offenseslisted 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 ofinformation concerning an employee when making a decision to hire, retain,suspend or discharge the employee, and is not liable in an action allegingdiscrimination 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 orrestrict any other statute specifically permitting the dissemination or releaseof information relating to the offenses listed in subsection 4.

4. The offenses for which a notice of information maybe disseminated pursuant to subsection 1 includes information contained in orconcerning a record of criminal history, or the records of criminal history ofthe United States or another state, relating in any way to:

(a) A sexual offense;

(b) A conviction for a felony within the immediatelypreceding 7 years;

(c) An act committed outside this State that wouldconstitute a sexual offense if committed in this State or a conviction for anact committed outside this State that would constitute a felony if committed inthis State; and

(d) The aiding, abetting, attempting or conspiring toengage in any such act in this State or another state.

(Added to NRS by 1987, 1761; A 2003, 2840)

NRS 179A.200 Employermay request notice of information; requirements for making request.

1. In addition to any other information which anemployer is authorized to request pursuant to this chapter, an employer mayrequest from the Central Repository notice of information relating to theoffenses listed in subsection 4 of NRS179A.190 concerning an employee.

2. A request for notice of information relating to theoffenses listed in subsection 4 of NRS179A.190 from an employer must conform to the requirements of the CentralRepository. The request must include:

(a) The name and address of the employer, and the nameand signature of the person requesting the notice on behalf of the employer;

(b) The name and address of the employers facility inwhich the employee is employed or seeking to become employed;

(c) The name, a complete set of fingerprints and otheridentifying information of the employee;

(d) Signed consent by the employee authorizing:

(1) The employer to forward the fingerprints ofthe employee to the Central Repository for submission to the Federal Bureau ofInvestigation for its report;

(2) A search of information relating to theoffenses listed in subsection 4 of NRS179A.190 concerning the employee; and

(3) The release of a notice concerning thatinformation;

(e) The mailing address of the employee or a signedwaiver of the right of the employee to be sent a copy of the informationdisseminated to the employer as a result of the search of the records ofcriminal history; and

(f) The signature of the employee indicating that hehas been notified of:

(1) The types of information for which notice issubject to dissemination pursuant to NRS179A.210, or a description of the information;

(2) The employers right to require a check ofthe records of criminal history as a condition of employment; and

(3) The employees right, pursuant to NRS 179A.150, to challenge the accuracyor sufficiency of any information disseminated to the employer.

(Added to NRS by 1987, 1761; A 2003, 2841)

NRS 179A.210 Requestby employer for notice of information; search by Central Repository;dissemination of notice; written report required; correction of information;receipt of new information.

1. Upon receipt of a request from an employer fornotice of information relating to the offenses listed in subsection 4 of NRS 179A.190, the Central Repositoryshall undertake a search for the information, unless the request does notconform to the requirements of the Repository. The search must be based on thefingerprints of the employee, or on a number furnished to the employee foridentification pursuant to a previous search, as provided by the employer, andmust include:

(a) Identifying any information relating to theoffenses listed in subsection 4 of NRS179A.190 concerning the employee in the Central Repository;

(b) Requesting information relating to the offenseslisted in subsection 4 of NRS 179A.190concerning the employee from federal repositories and repositories of otherstates, if authorized by federal law or an agreement entered into pursuant to NRS 179A.075;

(c) If the information pertains to an arrest for whichno disposition has been reported, contacting appropriate officers in the localjurisdiction where the arrest or prosecution occurred to verify and update theinformation; and

(d) Determining whether the information relating to theoffenses listed in subsection 4 of NRS179A.190 is the type of information for which notice is subject to disseminationpursuant to this section.

2. Notice of information relating to the offenseslisted in subsection 4 of NRS 179A.190may be disseminated to an employer who has requested it only if a check of thepertinent records indicates:

(a) A conviction for any such offense, or a convictionbased on an arrest or on an initial charge for any such offense;

(b) An arrest or an initial charge for a sexual offensethat is pending at the time of the request; or

(c) Two or more incidents resulting in arrest orinitial charge for a sexual offense that have not resulted in a conviction.

3. If a search of the records of the CentralRepository reveals no information for which notice is subject to release, theCentral Repository shall submit the fingerprints of the employee to the FederalBureau of Investigation for a search of its records of criminal history. TheCentral Repository shall review all information received from the FederalBureau of Investigation. Notice of any information received from the FederalBureau of Investigation may be disseminated only if the information is of akind for which notice is subject to release pursuant to this section.

4. Within 30 days after receipt of a request by anemployer for notice of information relating to the offenses listed insubsection 4 of NRS 179A.190, theCentral Repository shall send a written report of the results of the search tothe employer and to the employee, except that if the employee has waived hisright to receive the results of the search, the report must be sent only to theemployer. If the search revealed:

(a) No information for which notice is subject torelease, the report must include a statement to that effect; or

(b) Information about the employee for which notice issubject to release, the report must include a notice of the type ofinformation, limited to the descriptions set forth in subsection 2, revealed bythe search. The notice must not include any further facts or details concerningthe information. A statement of the purpose for which the notice is beingdisseminated, and the procedures by which the employee might challenge theaccuracy and sufficiency of the information, must also be included with thereport.

5. Upon receipt of corrected information relating tothe offenses listed in subsection 4 of NRS179A.190 for which notice was disseminated under this section, the CentralRepository 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 thesearch were disseminated within 3 months before the correction; and

(c) Upon request of the employee, any other employerswho previously received the information.

6. Upon receipt of new information relating to theoffenses listed in subsection 4 of NRS179A.190 concerning an employee who was the subject of a search within theprevious 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 ofthe search were disseminated within 3 months before the correction; and

(c) Upon request of the employee, any other employerswho previously received a report of the results of the search.

(Added to NRS by 1987, 1761; A 1989, 561; 2003, 2841)

NRS 179A.220 Hearings. All hearings arising under NRS 179A.180 to 179A.240, inclusive, must be held asprovided in NRS 233B.121 to 233B.150, inclusive.

(Added to NRS by 1987, 1763)

NRS 179A.230 Whenperson who is subject of notice of information may bring action for damages;when child who is victim of offense committed by employee may bring action fordamages against employer; statute of limitations.

1. A person who is the subject of a request for noticeof information pursuant to NRS 179A.180to 179A.240, inclusive, may recoverhis actual damages in a civil action against:

(a) The Central Repository for an intentional orgrossly negligent:

(1) Dissemination of information relating to theoffenses listed in subsection 4 of NRS179A.190 not authorized for dissemination; or

(2) Release of information relating to theoffenses listed in subsection 4 of NRS179A.190 to a person not authorized to receive the information;

(b) The Central Repository for an intentional orgrossly negligent failure to correct any notice of information relating to theoffenses listed in subsection 4 of NRS179A.190 which was disseminated pursuant to NRS 179A.180 to 179A.240, inclusive; or

(c) An employer, representative of an employer oremployee for an intentional or grossly negligent violation of NRS 179A.110. Punitive damages may beawarded against an employer, representative of an employer or employee whoseviolation of NRS 179A.110 ismalicious.

2. An employer is liable to a child served by theemployer for damages suffered by the child as a result of an offense listed insubsection 4 of NRS 179A.190 committedagainst 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 whichnotice was available for dissemination to the employer and the employer:

(a) Failed, without good cause, to request notice ofthe information pursuant to NRS 179A.180to 179A.240, inclusive; or

(b) Was unable to obtain the information because theemployee refused to consent to the search and release of the information, andthe employer hired or retained the employee despite this refusal.

The amountof damages for which an employer is liable pursuant to this subsection must bereduced by the amount of damages recovered by the child in an action againstthe employee for damages sustained as a result of an offense listed in subsection4 of NRS 179A.190.

3. An action pursuant to this section must be broughtwithin 3 years after:

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

(b) The date upon which the party bringing the actionbecame 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 theoccurrence.

4. This section does not limit or affect any otherrights, claims or causes of action arising by statute or common law.

(Added to NRS by 1987, 1763; A 1989, 993; 2003, 2843)

NRS 179A.240 Unlawfulacts. A person who knowingly and willfully:

1. Uses NRS179A.180 to 179A.240, inclusive,to obtain or seek to obtain information relating to the offenses listed insubsection 4 of NRS 179A.190 underfalse pretenses;

2. Disseminates or attempts to disseminate informationrelating to the offenses listed in subsection 4 of NRS 179A.190 that he knows was notreceived in accordance with the provisions of this chapter; or

3. Disseminates or attempts to disseminate informationrelating to the offenses listed in subsection 4 of NRS 179A.190 that he knows is false,inaccurate or incomplete,

is guilty ofa misdemeanor.

(Added to NRS by 1987, 1764; A 2003, 2844)

PROGRAM TO COMPILE AND ANALYZE DATA RELATING TO SEXUALOFFENSES

NRS 179A.270 Legislativedeclaration. The Legislature hereby finds anddeclares that:

1. A significant number of offenders in Nevada havebeen convicted of sexual offenses. Many of these offenders have been convictedof sexual offenses on more than one occasion and many of these offenders begancommitting sexual offenses as juveniles.

2. There is a great need for a continuing statisticalanalysis regarding the recidivism of offenders who commit sexual offenses sothat the most appropriate punishment and treatment may be identified to preventthese offenders from committing further sexual offenses.

(Added to NRS by 1997, 2518)

NRS 179A.280 Definitions. As used in this section and NRS 179A.270 and 179A.290:

1. Juvenile sex offender means a child adjudicateddelinquent for an act that, if committed by an adult, would be a sexualoffense.

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 assaultpursuant to NRS 200.400;

(d) An offense involving pornography and a minorpursuant to NRS 200.710 to 200.730, inclusive;

(e) Incest pursuant to NRS 201.180;

(f) Solicitation of a minor to engage in actsconstituting 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 toNRS 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 inparagraphs (a) to (k), inclusive;

(m) An offense that is determined to be sexuallymotivated 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)

NRS 179A.290 Establishment;purposes; assistance from Department of Corrections and Division of Parole andProbation; report; limitations.

1. The Director of the Department shall establishwithin the Central Repository a program to compile and analyze data concerningoffenders who commit sexual offenses. The program must be designed to:

(a) Provide statistical data relating to the recidivismof offenders who commit sexual offenses; and

(b) Use the data provided by the Division of Child andFamily Services of the Department of Health and Human Services pursuant to NRS 62H.220 to:

(1) Provide statistical data relating to therecidivism of juvenile sex offenders after they become adults; and

(2) Assess the effectiveness of programs for thetreatment of juvenile sex offenders.

2. The Division of Parole and Probation and theDepartment of Corrections shall assist the Director of the Department inobtaining data and in carrying out the program.

3. The Director of the Department shall report thestatistical data and findings from the program to:

(a) The Legislature at the beginning of each regularsession.

(b) The Advisory Commission on Sentencing on or beforeJanuary 31 of each even-numbered year.

4. The data acquired pursuant to this section isconfidential and must be used only for the purpose of research. The data andfindings generated pursuant to this section must not contain information thatmay reveal the identity of a juvenile sex offender or the identity of anindividual victim of a crime.

(Added to NRS by 1997, 2519; A 2001 Special Session,225; 2003, 1122)

ACCOUNT TO INVESTIGATE BACKGROUND OF VOLUNTEERS WHO WORKWITH CHILDREN

NRS 179A.310 Creation;administration; purpose; regulations; failure to apply for grant or requestbackground investigation is not evidence of negligence or causation.

1. The Revolving Account to Investigate the Backgroundof Volunteers Who Work With Children is hereby created in the State GeneralFund.

2. The Director of the Department shall administer theAccount to Investigate the Background of Volunteers Who Work With Children. Themoney in the Account must be expended only to pay the costs of the CentralRepository to process requests from nonprofit agencies to determine whether avolunteer of a nonprofit agency who works directly with children or aprospective volunteer of the nonprofit agency who will work directly withchildren has committed an offense listed in subsection 4 of NRS 179A.190. The existence of theAccount to Investigate the Background of Volunteers Who Work With Children doesnot create a right in any person to receive money from the Account.

3. The Director of the Department may apply for andaccept any gift, donation, bequest, grant or other source of money. Any moneyso received must be deposited in the Account to Investigate the Background ofVolunteers Who Work With Children.

4. The interest and income earned on money in theAccount from any gift, donation or bequest, after deducting any applicablecharges, must be credited to the Account. Money from any gift, donation orbequest that remains in the Account at the end of the fiscal year does notrevert to the State General Fund, and the balance in the Account must becarried forward to the next fiscal year.

5. The Director of the Department shall adoptregulations to carry out the provisions of this section. The regulations mustinclude, without limitation:

(a) The procedure by which a person may apply for agrant of money from the Account to Investigate the Background of Volunteers WhoWork With Children;

(b) The criteria that the Department will consider indetermining whether to award such a grant of money from the Account; and

(c) Procedures to distribute the money in the Accountin a fair and equitable manner.

6. The following facts must not be considered asevidence of negligence or causation in any civil action brought against anonprofit agency:

(a) The fact that the nonprofit agency did not applyfor a grant of money from the Account.

(b) The fact that the nonprofit agency did not requestthat the Central Repository, through the use of the Account, determine whethera volunteer or prospective volunteer of the nonprofit agency has committed anoffense listed in subsection 4 of NRS179A.190.

(Added to NRS by 1999, 2054; A 2003, 2844)

NRS 179A.315 Donationsto Account: Forms and procedures; deposit with State Treasurer. A stateor local governmental agency:

1. May establish forms and procedures for a person todonate money to the Account to Investigate the Background of Volunteers WhoWork With Children while the person is transacting business with the State orlocal governmental agency; and

2. Shall deposit any money received for the Account toInvestigate the Background of Volunteers Who Work With Children with the StateTreasurer for credit to the Account.

(Added to NRS by 1999, 2055)

REPOSITORY FOR INFORMATION CONCERNING ORDERS FOR PROTECTIONAGAINST DOMESTIC VIOLENCE

NRS 179A.350 Creation;contents; prompt entry of information; accessibility.

1. The Repository for Information Concerning Ordersfor Protection Against Domestic Violence is hereby created within the CentralRepository.

2. Except as otherwise provided in subsection 4, theRepository for Information Concerning Orders for Protection Against DomesticViolence must contain a complete and systematic record of all temporary andextended orders for protection against domestic violence issued or registeredin the State of Nevada, in accordance with regulations adopted by the Directorof the Department, including, without limitation, any information receivedpursuant to NRS 33.095. Informationreceived by the Central Repository pursuant to NRS 33.095 must be entered in theRepository for Information Concerning Orders for Protection Against DomesticViolence not later than 8 hours after it is received by the Central Repository.

3. The information in the Repository for InformationConcerning Orders for Protection Against Domestic Violence must be accessibleby computer at all times to each agency of criminal justice.

4. The Repository for Information Concerning Ordersfor Protection Against Domestic Violence must not contain any informationconcerning an event that occurred before October 1, 1998.

(Added to NRS by 1997, 1803)

REPOSITORY FOR INFORMATION CONCERNING MISSING PERSONS

NRS 179A.400 Creation;contents; retention of records; dissemination of information.

1. The Repository for Information Concerning MissingPersons is hereby created within the Central Repository.

2. The Repository for Information Concerning MissingPersons must contain a complete and systematic record of all persons who residein this State who are reported missing.

3. Each record must include, without limitation, adata field for the following information concerning a missing person:

(a) The missing persons:

(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 contactlenses;

(b) Remarks of any dentist concerning the missingperson;

(c) Any scar, mark, tattoo or other identifyingcharacteristic of the missing person;

(d) The number, state and date of expiration of thedrivers license of the missing person;

(e) The year, make, model, style, color and vehicleidentification number of the motor vehicle of the missing person;

(f) The number, state, type and date of expiration ofthe 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 missingperson may be wearing;

(j) The identifier of the originating agency; and

(k) The originating case number.

4. The Central Repository shall maintain each recordof a missing person for 20 years after the person is located.

5. Records within the Repository for InformationConcerning Missing Persons may be disseminated by an agency of criminal justicewithout restriction.

(Added to NRS by 1997, 1534)

NRS 179A.410 Telephoneservice to disseminate information; availability; agencies of criminal justiceto provide toll-free number upon request.

1. The Central Repository shall:

(a) Provide a toll-free telephone service for peoplewithin and outside of this State to disseminate information about missingpersons; and

(b) Make the telephone service available for not lessthan 8 hours per day, 7 days per week, except that the Central Repository neednot make the service available on a legal holiday.

2. Each agency of criminal justice in this State shallprovide the toll-free number for the telephone service to each person whorequests information of the agency about a missing person.

(Added to NRS by 1997, 1535)

NATIONAL CRIME PREVENTION AND PRIVACY COMPACT

NRS 179A.800 Enactment;text. The National Crime Prevention and PrivacyCompact is hereby ratified, enacted into law and entered into with all jurisdictionslegally joining in the Compact, in substantially the form set forth in thissection:

 

Article I.Definitions

 

As used in this Compact, the following definitionsapply:

(1) Attorney General means the Attorney General ofthe United States.

(2) Compact officer means:

(a) With respect to the Federal Government, an officialso designated by the Director of the FBI; and

(b) With respect to a party state, the chiefadministrator of the states criminal history record repository or a designeeof the chief administrator who is a regular full-time employee of therepository.

(3) Council means the Compact Council establishedunder Article VI.

(4) Criminal history record repository means thestate agency designated by the governor or other appropriate executive officialor the legislature of a state to perform centralized recordkeeping functionsfor criminal history records and services in the state.

(5) (a) Criminal history records meansinformation collected by criminal justice agencies on individuals consisting ofidentifiable descriptions and notations of arrests, detentions, indictments, orother formal criminal charges and any disposition arising therefrom, includingacquittal, sentencing, correctional supervision, or release.

(b) The term does not include identificationinformation such as fingerprint records if the information does not indicateinvolvement of the individual with the criminal justice system.

(6) Criminal justice includes activities relating tothe detection, apprehension, detention, pretrial release, posttrial release,prosecution, adjudication, correctional supervision, or rehabilitation ofaccused persons or criminal offenders. The administration of criminal justiceincludes criminal identification activities and the collection, storage, anddissemination of criminal history records.

(7) (a) Criminal justice agency means:

(i) Courts; and

(ii) A governmental agency or any subunit of anagency that performs the administration of criminal justice pursuant to astatute or executive order and allocates a substantial part of its annualbudget to the administration of criminal justice.

(b) The term includes federal and state inspectorgeneral offices.

(8) Criminal justice services means services providedby the FBI to criminal justice agencies in response to a request forinformation about a particular individual or as an update to informationpreviously provided for criminal justice purposes.

(9) Direct access means access to the nationalidentification index by computer terminal or other automated means notrequiring the assistance of or intervention by any other party or agency.

(10) Executive order means an order of the Presidentof the United States or the chief executive officer of a state that has theforce 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 InterstateIdentification Index System, which is the cooperative federal-state system forthe exchange of criminal history records.

(b) The term includes the national identificationindex, the national fingerprint file, and to the extent of their participationin the system, the criminal history record repositories of the states and theFBI.

(13) National fingerprint file means a database offingerprints or of other uniquely personal identifying information that relatesto an arrested or charged individual and that is maintained by the FBI toprovide positive identification of record subjects indexed in the III System.

(14) National identification index means an indexmaintained by the FBI consisting of names, identifying numbers, and otherdescriptive information relating to record subjects about whom there arecriminal history records in the III System.

(15) National indexes means the nationalidentification index and the national fingerprint file.

(16) Noncriminal justice purposes means uses ofcriminal history records for purposes authorized by federal or state law otherthan purposes relating to criminal justice activities, including employmentsuitability, licensing determinations, immigration and naturalization matters,and national security clearances.

(17) Nonparty state means a state that has notratified this Compact.

(18) Party state means a state that has ratified thisCompact.

(19) Positive identification means a determination,based upon a comparison of fingerprints or other equally reliable biometricidentification techniques, that the subject of a record search is the sameperson as the subject of a criminal history record or records indexed in theIII System. Identifications based solely upon a comparison of subjects namesor other nonunique identification characteristics or numbers, or combinationsthereof, does not constitute positive identification.

(20) Sealed record information means:

(a) With respect to adults, that portion of a recordthat is:

(i) Not available for criminal justice uses;

(ii) Not supported by fingerprints or otheraccepted means of positive identification; or

(iii) Subject to restrictions on disseminationfor noncriminal justice purposes pursuant to a court order related to aparticular subject or pursuant to a federal or state statute that requiresaction on a sealing petition filed by a particular record subject; and

(b) With respect to juveniles, whatever each statedetermines is a sealed record under its own law and procedure.

(21) State means any state, territory, or possessionof the United States, the District of Columbia, and the Commonwealth of PuertoRico.

 

Article II.Purposes

 

The purposes of this Compact are to:

(1) Provide a legal framework for the establishment ofa cooperative federal-state system for the interstate and federal-stateexchange of criminal history records for noncriminal justice uses;

(2) Require the FBI to permit use of the nationalidentification index and the national fingerprint file by each party state andto provide, in a timely fashion, federal and state criminal history records torequesting 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 andrecords for the national identification index and the national fingerprint fileand to provide criminal history records, in a timely fashion, to criminalhistory record repositories of other states and the Federal Government fornoncriminal justice purposes, in accordance with the terms of this Compact andwith rules, procedures, and standards established by the Council under ArticleVI;

(4) Provide for the establishment of a Council tomonitor III System operations and to prescribe system rules and procedures forthe effective and proper operation of the III System for noncriminal justicepurposes; and

(5) Require the FBI and each party state to adhere toIII System standards concerning record dissemination and use, response times,system security, data quality, and other duly established standards, includingthose 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 theDepartment of Justice and among federal agencies and other agencies andorganizations 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 arecomplied with by the Department of Justice and the federal agencies and otheragencies and organizations referred to in subsection (1)(a)(i) of this ArticleIII; and

(iii) Regulate the use of records received bymeans of the III System from party states when such records are supplied by theFBI directly to other federal agencies;

(b) Provide to federal agencies and to state criminalhistory record repositories criminal history records maintained in its databasefor the noncriminal justice purposes described in Article IV, including:

(i) Information from nonparty states; and

(ii) Information from party states that isavailable from the FBI through the III System, but is not available from theparty state through the III System;

(c) Provide a telecommunications network and maintaincentralized facilities for the exchange of criminal history records for bothcriminal justice purposes and the noncriminal justice purposes described inArticle IV and ensure that the exchange of the records for criminal justicepurposes has priority over exchange for noncriminal justice purposes; and

(d) Modify or enter into user agreements with nonpartystate criminal history record repositories to require them to establish recordrequest 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 arecomplied with in the state; and

(iii) Regulate the in-state use of recordsreceived by means of the III System from the FBI or from other party states;

(b) Establish and maintain a criminal history recordrepository, which shall provide:

(i) Information and records for the nationalidentification index and the national fingerprint file; and

(ii) The states III System-indexed criminalhistory records for noncriminal justice purposes described in Article IV;

(c) Participate in the national fingerprint file; and

(d) Provide and maintain telecommunications links andrelated equipment necessary to support the criminal justice services set forthin this Compact.

(3) In carrying out their responsibilities under thisCompact, the FBI and each party state shall comply with III System rules,procedures, and standards duly established by the Council concerning recorddissemination 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 noncriminaljustice purposes authorized in this Compact must be managed so as not todiminish the level of services provided in support of criminal justicepurposes.

(b) Administration of Compact provisions may not reducethe level of service available to authorized noncriminal justice users on theeffective date of this Compact.

 

Article IV.Authorized Record Disclosures

 

(1) To the extent authorized by section 552a of Title5, United States Code (commonly known as the Privacy Act of 1974), the FBIshall provide on request criminal history records, excluding sealed recordinformation, to state criminal history record repositories for noncriminaljustice purposes allowed by federal statute, federal executive order, or astate statute which has been approved by the Attorney General and whichauthorizes national indexes checks.

(2) The FBI, to the extent authorized by section 552aof Title 5, United States Code (commonly known as the Privacy Act of 1974), andstate criminal history record repositories shall provide criminal historyrecords, excluding sealed record information, to criminal justice agencies andother governmental or nongovernmental agencies for noncriminal justice purposesallowed by federal statute, federal executive order, or a state statute thathas been approved by the Attorney General, that explicitly authorizes nationalindexes checks.

(3) Any record obtained under this Compact may be usedonly for the official purposes for which the record was requested. Each Compactofficer shall establish procedures, consistent with this Compact and withrules, procedures, and standards established by the Council under Article VI,which procedures shall protect the accuracy and privacy of the records andshall:

(a) Ensure that records obtained under this Compact areused only by authorized officials for authorized purposes;

(b) Require that subsequent record checks are requestedto obtain current information whenever a new need arises; and

(c) Ensure that record entries that may not legally beused for a particular noncriminal justice purpose are deleted from the responseand, if no information authorized for release remains, an appropriate norecord response is communicated to the requesting official.

 

Article V. RecordRequest Procedures

 

(1) Subject fingerprints or other approved forms ofpositive identification must be submitted with all requests for criminalhistory record checks for noncriminal justice purposes.

(2) Each request for a criminal history record checkutilizing the national indexes made under any approved state statute must besubmitted through that states criminal history record repository. A statecriminal history record repository shall process an interstate request fornoncriminal justice purposes through the national indexes only if the requestis transmitted through another state criminal history record repository or theFBI.

(3) Each request for criminal history record checksutilizing the national indexes made under federal authority must be submitted throughthe FBI or, if the state criminal history record repository consents to processfingerprint submissions, through the criminal history record repository in thestate in which the request originated. Direct access to the nationalidentification index by entities other than the FBI and state criminal historyrecords repositories may not be permitted for noncriminal justice purposes.

(4) A state criminal history record repository or theFBI:

(a) May charge a fee, in accordance with applicablelaw, for handling a request involving fingerprint processing for noncriminaljustice purposes; and

(b) May not charge a fee for providing criminal historyrecords in response to an electronic request for a record that does not involvea request to process fingerprints.

(5) (a) If a state criminal history recordrepository cannot positively identify the subject of a record request made fornoncriminal justice purposes, the request, together with fingerprints or otherapproved identifying information, must be forwarded to the FBI for a search ofthe national indexes.

(b) If, with respect to a request forwarded by a statecriminal history record repository under subsection (5)(a), the FBI positivelyidentifies the subject as having a III System-indexed record or records:

(i) The FBI shall so advise the state criminalhistory record repository; and

(ii) The state criminal history recordrepository is entitled to obtain the additional criminal history recordinformation 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 knownas the Compact Council, which has the authority to promulgate rules andprocedures governing the use of the III System for noncriminal justicepurposes, not to conflict with FBI administration of the III System forcriminal justice purposes.

(b) The Council shall:

(i) Continue in existence as long as thisCompact remains in effect;

(ii) Be located, for administrative purposes,within the FBI; and

(iii) Be organized and hold its first meeting assoon as practicable after the effective date of this Compact.

(2) The Council must be composed of 15 members, each ofwhom must be appointed by the Attorney General, as follows:

(a) Nine members, each of whom shall serve a 2-yearterm, who must be selected from among the Compact officers of party statesbased on the recommendation of the Compact officers of all party states, exceptthat in the absence of the requisite number of Compact officers available toserve, the chief administrators of the criminal history record repositories ofnonparty states must be eligible to serve on an interim basis;

(b) Two at-large members, nominated by the Director ofthe FBI, each of whom shall serve a 3-year term, of whom:

(i) One must be a representative of the criminaljustice agencies of the Federal Government and may not be an employee of theFBI; and

(ii) One must be a representative of thenoncriminal justice agencies of the Federal Government;

(c) Two at-large members, nominated by the Chairman ofthe Council once the Chairman is elected pursuant to subsection (3) of thisArticle VI, each of whom shall serve a 3-year term, of whom:

(i) One must be a representative of state orlocal criminal justice agencies; and

(ii) One must be a representative of state orlocal noncriminal justice agencies;

(d) One member who shall serve a 3-year term and whoshall simultaneously be a member of the FBIs Advisory Policy Board on CriminalJustice 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 shallelect a Chairman and a Vice Chairman of the Council. Both the Chairman and ViceChairman of the Council:

(i) Must be a Compact officer, unless there isno Compact officer on the Council who is willing to serve, in which case theChairman may be an at-large member; and

(ii) Shall serve 2-year terms and may bereelected to only one additional 2-year term.

(b) The Vice Chairman of the Council shall serve as theChairman of the Council in the absence of the Chairman.

(4) (a) The Council shall meet at least once eachyear at the call of the Chairman. Each meeting of the Council must be open tothe public. The Council shall provide prior public notice in the FederalRegister of each meeting of the Council, including the matters to be addressedat the meeting.

(b) A majority of the Council or any committee of theCouncil shall constitute a quorum of the Council or of a committee,respectively, for the conduct of business. A lesser number may meet to holdhearings, take testimony, or conduct any business not requiring a vote.

(5) The Council shall make available for publicinspection and copying at the Council office within the FBI and shall publishin the Federal Register any rules, procedures, or standards established by theCouncil.

(6) The Council may request from the FBI reports,studies, statistics, or other information or materials that the Councildetermines to be necessary to enable the Council to perform its duties underthis Compact. The FBI, to the extent authorized by law, may provide assistanceor information upon a request.

(7) The Chairman may establish committees as necessaryto 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 bytwo or more states as between those states and the Federal Government. Whenadditional states subsequently enter into this Compact, it becomes effectiveamong those states and the Federal Government and each party state that haspreviously ratified it. When ratified, this Compact has the full force andeffect of law within the ratifying jurisdictions. The form of ratification mustbe in accordance with the laws of the executing state.

 

Article VIII.Miscellaneous Provisions

 

(1) Administration of this Compact may not interferewith the management and control of the Director of the FBI over the FBIscollection and dissemination of criminal history records and the advisoryfunction of the FBIs Advisory Policy Board chartered under the FederalAdvisory Committee Act (5 U.S.C. App.) for all purposes other than noncriminaljustice.

(2) Nothing in this Compact requires the FBI toobligate or expend funds beyond those appropriated to the FBI.

(3) Nothing in this Compact diminishes or lessens theobligations, responsibilities, and authorities of any state, whether a partystate or a nonparty state, or of any criminal history record repository orother 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 ArticleVI(1), regarding the use and dissemination of criminal history records andinformation.

 

Article IX.Renunciation

 

(1) This Compact shall bind each party state untilrenounced by the party state.

(2) Any renunciation of this Compact by a party statemust:

(a) Be effected in the same manner by which the partystate ratified this Compact; and

(b) Become effective 180 days after written notice ofrenunciation is provided by the party state to each other party state and tothe Federal Government.

 

Article X.Severability

 

The provisions of this Compact are severable. If anyphrase, clause, sentence, or provision of this Compact is declared to becontrary to the constitution of any participating state or to the Constitutionof the United States or if the applicability of any phrase, clause, sentence,or provision of this Compact to any government, agency, person, or circumstanceis held invalid, the validity of the remainder of this Compact and theapplicability of the remainder of the Compact to any government, agency,person, or circumstance is not affected by the severability. If a portion ofthis Compact is held contrary to the constitution of any party state, all otherportions of this Compact remain in full force and effect as to the remainingparty states and in full force and effect as to the party state affected, as toall other provisions.

 

Article XI.Adjudication of Disputes

 

(1) The Council:

(a) Has initial authority to make determinations withrespect to any dispute regarding:

(i) Interpretation of this Compact;

(ii) Any rule or standard established by theCouncil pursuant to Article VI; and

(iii) Any dispute or controversy between anyparties to this Compact; and

(b) Shall hold a hearing concerning any disputedescribed in subsection (1)(a) at a regularly scheduled meeting of the Counciland only render a decision based upon a majority vote of the members of theCouncil. The decision must be published pursuant to the requirements of ArticleVI(5).

(2) The FBI shall exercise immediate and necessaryaction to preserve the integrity of the III System, to maintain system policyand standards, to protect the accuracy and privacy of records, and to preventabuses until the Council holds a hearing on the matters.

(3) The FBI or a party state may appeal any decision ofthe Council to the Attorney General and after that appeal may file suit in theappropriate District Court of the United States that has original jurisdictionof all cases or controversies arising under this Compact. Any suit arisingunder this Compact and initiated in a state court must be removed to theappropriate District Court of the United States in the manner provided bysection 1446 of Title 28, United States Code, or other statutory authority.

(Added to NRS by 1999, 771)

PENALTIES

NRS 179A.900 Unlawfulacts. Any person who:

1. Willfully requests, obtains or seeks to obtainrecords of criminal history under false pretenses;

2. Willfully communicates or seeks to communicaterecords of criminal history to any agency or person except pursuant to thischapter; or

3. Willfully falsifies any record of criminal historyor any record relating to records of criminal history,

is guilty ofa misdemeanor.

(Added to NRS by 1979, 1855)(Substituted in revisionfor NRS 179A.300)

 

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