2005 Nevada Revised Statutes - Chapter 179C — Registration of Convicted Persons

CHAPTER 179C - REGISTRATION OF CONVICTEDPERSONS

GENERAL PROVISIONS

NRS 179C.010 Convictedperson defined.

REQUIREMENTS AND PROCEDURE

NRS 179C.100 Registrationwith local law enforcement officer within 48 hours; duties and procedures;registration card may not be required; effect of restoration of civil rights.

NRS 179C.110 Convictedperson to notify local law enforcement officer of change of address; procedure.

NRS 179C.120 Fingerprintingof convicted persons.

DISSEMINATION OF INFORMATION

NRS 179C.160 Registrationinformation forwarded to Central Repository.

NRS 179C.170 Registrationinformation placed in separate file; inspection of information; information maybe transmitted to certain agencies and persons.

PROHIBITED ACTS AND PENALTIES

NRS 179C.200 Misleadinginformation prohibited.

NRS 179C.210 Continuingduty to furnish statement; separate offenses.

NRS 179C.220 Penalty.

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GENERAL PROVISIONS

NRS 179C.010 Convictedperson defined.

1. Except as otherwise provided in subsection 2, asused in this chapter, unless the context otherwise requires, convicted personmeans:

(a) A person convicted in the State of Nevada orconvicted in any place other than the State of Nevada of two or more offensespunishable as felonies.

(b) A person convicted in the State of Nevada of anoffense punishable as a category A felony.

(c) A person convicted in the State of Nevada orconvicted in any place other than the State of Nevada of a crime that wouldconstitute a category A felony if committed in this state on July 1, 2003.

2. For the purposes of this chapter, convictedperson does not include:

(a) A person who has been convicted of a crime againsta child, as defined in NRS 179D.210,or a sexual offense, as defined in NRS179D.410; or

(b) Except as otherwise provided in this chapter, aperson whose conviction is or has been set aside in the manner provided by law.

[1:123:1955](NRS A 1959, 216; 1963, 89; 1967, 519;1971, 932; 1973, 1061; 1975, 1633; 1979, 322, 1019; 1981, 362, 1295, 1296;1987, 703; 1991, 789, 2268; 1997, 1325, 1682; 1999, 435; 2003, 2688)

REQUIREMENTS AND PROCEDURE

NRS 179C.100 Registrationwith local law enforcement officer within 48 hours; duties and procedures;registration card may not be required; effect of restoration of civil rights.

1. It is unlawful for a convicted person to be orremain in the State of Nevada for a period of more than 48 hours without,during such 48-hour period, registering with the sheriff of a county or thechief of police of a city in the manner prescribed in this section.

2. A convicted person who does not reside in the Stateof Nevada but who has a temporary or permanent place of abode outside the Stateof Nevada, and who comes into the State on five occasions or more during any30-day period, is subject to the provisions of this chapter.

3. A person who has registered as a convicted personwith the sheriff of a county or the chief of police of a city shall registeragain as provided in this section if he subsequently commits another offensedescribed or referred to in this chapter.

4. A person required by this section to register shalldo so by filing with the sheriff or chief of police a statement in writing,upon a form prescribed and furnished by the sheriff or chief of police, whichis signed by the person and which provides the following information:

(a) His true name and each alias that he has used orunder which he may have been known;

(b) A full and complete description of his person;

(c) The kind, character and nature of each crime ofwhich he has been convicted;

(d) The place in which he was convicted of each crime;

(e) The name under which he was convicted in eachinstance and the date thereof;

(f) The name, if any, and the location of each prison,reformatory, jail or other penal institution in which he was confined or towhich he was sentenced;

(g) The location and address of his residence, stoppingplace, living quarters or place of abode, and if more than one residence,stopping place or place of abode, that fact must be stated and the location andaddress of each given;

(h) The kind of residence, stopping place, or place ofabode in which he resides, including whether it is a private residence, hotel,apartment house or other building or structure;

(i) The length of time he has occupied each place ofresidence, stopping place or place of abode, and the length of time he expectsor intends to remain in the State of Nevada; and

(j) Any further information that may be required by thesheriff or chief of police for the purpose of aiding and assisting in carryinginto effect the provisions and intent of this chapter.

5. The sheriff of a county or the chief of police of acity shall not require a convicted person to carry a registration card, and noconvicted person who is required to register pursuant to this section may bepunished for the failure to carry a registration card.

6. When so ordered in the individual case by thedistrict court in which the conviction was obtained, by the State Board ofParole Commissioners or by the State Board of Pardons Commissioners, whicheveris appropriate, the provisions of this section do not apply to a convictedperson who has had his civil rights restored.

[2:123:1955](NRS A 1969, 406; 1973, 1843; 1979,1461; 1997, 1326; 2003,2689)

NRS 179C.110 Convictedperson to notify local law enforcement officer of change of address; procedure. A convicted person, except a nonresident, who is requiredto register under the provisions of this chapter and who changes his place ofresidence, stopping place or place of abode, shall, within 48 hours after thechange, and a nonresident mentioned in subsection 2 of NRS 179C.100 who has registered and whochanges his place of residence, stopping place or place of abode, shall, uponhis next entry into the State after the change, notify the sheriff or chief ofpolice of the change and furnish to the sheriff or chief of police the addressof his new residence, stopping place or place of abode by filing with thesheriff or chief of police a written statement, upon a form prescribed andfurnished by the sheriff or chief of police, which is signed by the person andwhich provides the following information:

1. His true name and each alias that he has used orunder which he may have been known;

2. The kind, character and nature of each crime ofwhich he has been convicted;

3. The place in which he was convicted of each crime;

4. The name under which he was convicted in eachinstance and the date thereof; and

5. The location and address of his residence, stoppingplace, living quarters or place of abode, and, if there is more than one, thelocation and address of each residence, stopping place, living quarters orplace of abode.

[3:123:1955](NRS A 1997, 1327)(Substituted inrevision for NRS 207.100)

NRS 179C.120 Fingerprintingof convicted persons. Each convicted person,at the time of registering and furnishing the information required by thischapter, shall be fingerprinted by the sheriff or chief of police, who shallcause such fingerprints to be made a part of the record required by thischapter.

[4:123:1955](Substituted in revision for NRS207.110)

DISSEMINATION OF INFORMATION

NRS 179C.160 Registrationinformation forwarded to Central Repository. Uponregistering a convicted person pursuant to the provisions of this chapter, asheriff or a chief of police shall forward all information concerning suchregistration to the Central Repository for Nevada Records of Criminal Historyin the manner prescribed by the Director of the Department of Public Safety.

(Added to NRS by 1997, 1325; A 2001, 2579)

NRS 179C.170 Registrationinformation placed in separate file; inspection of information; information maybe transmitted to certain agencies and persons.

1. The statements and fingerprints provided for inthis chapter must at all times be kept by the sheriff or chief of police in afile separate and apart from other files and records maintained and kept by thesheriff or chief of police, and must not be open to inspection by the public,or by any person other than a regular law enforcement officer.

2. Copies of those statements and fingerprints may betransmitted to:

(a) The sheriff of any county in this state;

(b) The head of any organized police department of anymunicipality in this state;

(c) The head of any department of the State of Nevadaengaged in the enforcement of any criminal law of this state;

(d) The Nevada Gaming Commission and State GamingControl Board or any successor thereto;

(e) The head of any federal law enforcement agency;

(f) Any sheriff or chief of police of a municipality;or

(g) The head of any other law enforcement agency in anystate or territory outside of this state, if a request is made in writing bysuch sheriff or other head of a law enforcement agency asking for the record ofa certain person named therein, or for the record of a person whosefingerprints reasonably correspond with fingerprints submitted with therequest, and stating that the record is deemed necessary for the use of thatlaw enforcement officer or agency in or concerning the investigation of anycrime, or any person who is accused of committing a crime, or any crime whichis reported to have been committed, and further stating that the record will beused only for that purpose.

3. A sheriff or chief of police shall, upon thewritten request of a county clerk or registrar of voters, furnish him with a listcontaining the name and current address of the residence of each personrequired to register pursuant to this chapter.

[5:123:1955](NRS A 1965, 1031; 1989,2173)(Substituted in revision for NRS 207.120)

PROHIBITED ACTS AND PENALTIES

NRS 179C.200 Misleadinginformation prohibited. No person required byany provision of this chapter to furnish a statement shall in such statementgive any false or fictitious address or any address other than a true addressor intended address, or furnish in the making of any such report any false,untrue or misleading information or statement, relating to any informationrequired by any of the provisions thereof to be made or furnished.

[6:123:1955](Substituted in revision for NRS207.130)

NRS 179C.210 Continuingduty to furnish statement; separate offenses. Theduty to furnish statements when and in the manner provided by this chapter ishereby declared to be a continuing one, and for each day that any personrequired under the provisions of this chapter to furnish a statement fails todo so, such failure shall constitute a separate offense; provided:

1. That no person may be convicted more than once onaccount of violations occurring by reason of failure, on a series of days, tofurnish such statements; and

2. That nothing contained herein shall be deemed a barto subsequent prosecutions for violations of the provisions of this chapteroccurring subsequent to a prior conviction or acquittal of a violation thereof.

[7:123:1955](Substituted in revision for NRS 207.140)

NRS 179C.220 Penalty. Any person violating the provisions of this chapter isguilty of a misdemeanor.

[8:123:1955](NRS A 1967, 520)(Substituted inrevision for NRS 207.150)