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A.B. 162
- *AB162*
ASSEMBLY BILL NO. 162–ASSEMBLYMEMBER YUREK
PREFILED JANUARY 31, 2025
____________
Referred to Committee on Judiciary
SUMMARY—Establishes a statewide database and Internet website
for certain criminal records relating to domestic
violence. (BDR 14-52)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to records of criminal history ; requiring the
Director of the Department of Public Safety to establish a
statewide database and Internet website within the Central
Repository for Nevada Records of Criminal History of
persons who have two o r more convictions of acts that
constitute domestic violence; authorizing a person who is
included in the statewide database and Internet website to
petition the Director for the removal of his or her
information from the statewide database and Internet
website; providing immunity from criminal or civil
liability for certain persons relating to the accuracy and
disclosure of information in the statewide database and
Internet website ; prohibiting a person from using
information obtained from the statewide database or
Internet website for certain purposes; providing that any
person who uses information obtained from the statewide
database or Internet website for any prohibited purpose is
civilly liable; and providing o ther matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law sets forth certain unlawful acts that constitute domestic violence 1
when committed against certain persons. (NRS 33.018) Existing law creates the 2
Central Repository for Nev ada Records of Criminal History within the Records, 3
Communications and Compliance Division of the Department of Public Safety and 4
establishes within the Central Repository various other databases including other 5
repositories for information relating to orders of protection and crimes against older 6
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or vulnerable persons, a statewide registry of sex offenders and offenders convicted 7
of a crime against a child and a community notification website which provides the 8
public with access to certain information contained in the statewide registry. (NRS 9
179A.075, 179A.350, 179A.450 , 179B.200, 179B.250) Section 2 of this bill 10
requires the Director of the Department to establish within the Central Repository : 11
(1) a statewide database of persons who have two or more convictions of any one 12
act or combination of acts that constitute domestic violence; and (2) an Internet 13
website to provide the public with access at no charge to certain information 14
contained in the statewide database. 15
Section 2 further: (1) requires the statewide database to make available to a 16
requester certain information relating to persons included in the statewide database 17
to the extent that such information is available; (2) prohibits the statewide database 18
from providing certain confidential information to a requester; (3) requires that the 19
Internet website be maintained in a manner that allows the public to search for a 20
person in the statewide database by providing certain information; (4) sets forth the 21
process for a person to petition the Director for the removal of his or her 22
information from the statewide database and Internet website ; and (5) requires the 23
Department to post certain information on the Internet website, including 24
information concerning the process for such a petition and contact information for 25
organizations in this State which provide services to victims of domestic violence . 26
Finally, section 2 provides that the Department and the officers and employees 27
thereof and a law enforcement agency and the officers and employees thereof are 28
immune from criminal or civil liability for an act or omission relating to 29
information in the statewide database and Internet website. 30
Existing law prohibits, with certain ex ceptions, a person from using 31
information obtained from the community notification website relating to sex 32
offenders for any purpose related to: (1) insurance, including health insurance; (2) 33
loans; (3) credit; (4) employment; (5) education, scholarships o r fellowships; (6) 34
housing or accommodations; or (7) benefits, privileges or services provided by any 35
business establishment. (NRS 179B.270) Under existing law, any person who uses 36
information obtained from the community notification website in violation o f this 37
prohibition is liable in a civil action brought by or on behalf of a person injured by 38
the violation. (NRS 179B.280) Similarly, sections 3 and 4 of this bill: (1) prohibit a 39
person from using for such purposes information obtained from the statewide 40
database or Internet website established pursuant to section 2 for convictions of 41
acts that constitute domestic violence; and (2) make any person who uses 42
information obtained from the statewide database or Internet website in violation of 43
this prohibition liable in a civil action brought by or on behalf of a person injured 44
by the violation. 45
Section 6 of this bill provides that certain information included in the statewide 46
database is confidential and not a public record. 47
Existing law requires that certain records obtained from the Central Repository 48
be used solely for the purpose for which the record was requested and prohibits a 49
person who received information fr om disseminating such information without 50
express authority of law or in accordance with a court order. (NRS 179A.110) 51
Section 5 of this bill provides that such requirements do not apply to public 52
information obtained from the statewide database or Internet website established 53
pursuant to section 2. 54
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 179A of NRS is hereby amended by 1
adding thereto the provisions set forth as sections 2, 3 and 4 of this 2
act. 3
Sec. 2. 1. The Director of the Department shall establish 4
within the Central Repository a statewide database of persons who 5
have been convicted under the laws of this State two or more times 6
of any one act or combination of acts that constitute domestic 7
violence pursuant to NRS 33.018. 8
2. To the extent the information is available, the statewide 9
database established pursuant to subsection 1 must make available 10
to a requester the following information relating to each person 11
identified pursuant to subsection 1: 12
(a) The full name and any alias used by the person; 13
(b) The date of birth; 14
(c) A physical description and recent photograph; 15
(d) A list of offenses described in subsection 1 for which the 16
person has been convicted, the date of conviction for each offense 17
and the punishment prescribed for each offense; and 18
(e) An indication as to whether the person was discharged, 19
placed on community supervision or released on parole or 20
mandatory supervision following the conviction of each offense. 21
3. Except as otherwise provided in this subsection, the 22
information contained in the statewide database is public 23
information. The statewide database shall not provide a requester 24
with confidential information relating to: 25
(a) The social security number, driver’s license number or 26
telephone number of the subject of the search; or 27
(b) The identity of any victim of the offenses described in 28
subsection 1. 29
4. Subject to the requirements of subsection 3, the Director of 30
the Department shall establish and maintain within the Central 31
Repository an Internet website to provide the public with access at 32
no charge to the information set forth in subsection 2 that is 33
contained in the statewide database established pursuant to 34
subsection 1. The Internet website must be maintained in a 35
manner that will allow the public to obtain such information for 36
each person included in the statewide database by providing: 37
(a) The name or any alias of the subject of the search; or 38
(b) Any other i nformation concerning the identity or location 39
of the subject of the search that is deemed sufficient in the 40
discretion of the Department. 41
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5. The Department shall, in a conspicuous manner, post on 1
the Internet website established pursuant to subsection 4 the 2
following information: 3
(a) Information concerning the process set forth in subsection 4
6 for a petition for the removal of information contained in the 5
statewide database and Internet website, including, without 6
limitation, the circumstances under whi ch a petition for removal 7
will be granted; and 8
(b) Contact information for organizations in this State which 9
provide services to victims of domestic violence. 10
6. A person included in the statewide database and Internet 11
website established pursuant to th is section may petition the 12
Director for the removal of his or her information from the 13
statewide database and Internet website. The Director shall grant 14
the petition if: 15
(a) Unless the person has been convicted three or more times 16
of an offense described in subsection 1, a court issues an order to 17
expunge or seal all records relating to a conviction of one of the 18
offenses described in subsection 1 and the removal of such records 19
would disqualify the person from inclusion in the statewide 20
database; or 21
(b) During the 7-year period preceding the date of the petition, 22
the person has not been convicted of an offense described in 23
subsection 1. 24
7. In establishing the statewide database and Internet website 25
required pursuant to this section, the Director shall: 26
(a) Consult with a representative of an organization which 27
provides services to victims of domestic violence across this State 28
regarding: 29
(1) The implementation of the statewide database and 30
Internet website; and 31
(2) The resources to be included on t he Internet website 32
pursuant to paragraph (b) of subsection 5; and 33
(b) To the extent feasible, use existing databases and systems. 34
8. The Department and the officers and employees thereof 35
and a law enforcement agency and the officers and employees 36
thereof are immune from criminal or civil liability for an act or 37
omission relating to information obtained, maintained or disclosed 38
pursuant to the provisions of this section, including, without 39
limitation, an act or omission relating to: 40
(a) The accuracy of the information in the statewide database 41
and Internet website; or 42
(b) The disclosure of or the failure to disclose information in 43
the statewide database and Internet website. 44
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Sec. 3. Except as otherwise authorized pursuan t to specific 1
statute, a person shall not use information obtained from the 2
statewide database or Internet website established pursuant to 3
section 2 of this act for any pur pose related to any of the 4
following: 5
1. Insurance, including health insurance. 6
2. Loans. 7
3. Credit. 8
4. Employment. 9
5. Education, scholarships or fellowships. 10
6. Housing or accommodations. 11
7. Benefits, privileges or services provided by any business 12
establishment. 13
Sec. 4. Any person who uses information obtained from the 14
statewide database or Internet website established pursuant to 15
section 2 of this act in violation of the provisions of section 3 of 16
this act is liable in a civil action brought by or on behalf of a 17
person injured by the violation, for damages, attorney ’s fees and 18
costs incurred as the result of the violation. 19
Sec. 5. NRS 179A.110 is hereby amended to read as follows: 20
179A.110 A record of criminal history or any records of 21
criminal history of the United States or another state obtained 22
pursuant to this chapter must be used solely for the purpose for 23
which the record was requested. No person who receives 24
information relating to records of criminal history pursuant to this 25
chapter or who receives information pursuant to federal laws or 26
regulations may disseminate the information further without express 27
authority of law or in accordance with a court order. This section 28
does not [prohibit] : 29
1. Prohibit the dissemination of material by an employee of the 30
electronic or printed media in a professional capacity for 31
communication to the public. 32
2. Apply to public information obtained from the statewide 33
database or Internet w ebsite established pursuant to section 2 of 34
this act. 35
Sec. 6. NRS 239.010 is hereby amended to read as follows: 36
239.010 1. Except as otherwise provided in this section and 37
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 38
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 39
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 40
80.113, 81 .850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 41
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 42
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 43
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 44
119A.280, 119A.653, 119A.67 7, 119B.370, 119B.382, 120A.640, 45
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120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 1
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 2
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 3
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 4
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 5
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 6
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 7
209.3925, 209.419, 209.429, 209.521, 211A.140, 2 13.010, 213.040, 8
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 9
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 10
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 11
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237. 300, 12
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 13
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 14
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 15
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 16
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 17
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 18
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 19
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 20
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 21
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 22
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 23
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 24
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 25
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 26
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 27
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 28
387.631, 388.1455, 388.259, 38 8.501, 388.503, 388.513, 388.750, 29
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 30
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 31
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 32
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 33
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 34
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 35
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 36
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.20 5, 37
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 38
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 39
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 40
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 41
441A.195, 441A. 220, 441A.230, 442.330, 442.395, 442.735, 42
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 43
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 44
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 45
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459.846, 463.120, 463.15993, 463. 240, 463.3403, 463.3407, 1
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 2
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 3
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 4
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 5
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 6
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 7
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 8
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 9
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 10
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 11
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 12
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 13
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 14
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 15
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 16
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 17
639.2485, 639.570, 640.075, 6 40.152, 640A.185, 640A.220, 18
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 19
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 20
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 21
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 22
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 23
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 24
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 25
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 26
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 27
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 28
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 29
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 30
679B.285, 679B.6 90, 680A.270, 681A.440, 681B.260, 681B.410, 31
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 32
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 33
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 34
692C.3538, 692C.354, 692C.420 , 693A.480, 693A.615, 696B.550, 35
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 36
711.600, and section 2 of this act, sections 35, 38 and 41 of chapter 37
478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes 38
of Nevada 2013 and unless otherwise declared by law to be 39
confidential, all public books and public records of a governmental 40
entity must be open at all times during office hours to in spection by 41
any person, and may be fully copied or an abstract or memorandum 42
may be prepared from those public books and public records. Any 43
such copies, abstracts or memoranda may be used to supply the 44
general public with copies, abstracts or memoranda of the records or 45
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may be used in any other way to the advantage of the governmental 1
entity or of the general public. This section does not supersede or in 2
any manner affect the federal laws governing copyrights or enlarge, 3
diminish or affect in any other man ner the rights of a person in any 4
written book or record which is copyrighted pursuant to federal law. 5
2. A governmental entity may not reject a book or record 6
which is copyrighted solely because it is copyrighted. 7
3. A governmental entity that has leg al custody or control of a 8
public book or record shall not deny a request made pursuant to 9
subsection 1 to inspect or copy or receive a copy of a public book or 10
record on the basis that the requested public book or record contains 11
information that is confi dential if the governmental entity can 12
redact, delete, conceal or separate, including, without limitation, 13
electronically, the confidential information from the information 14
included in the public book or record that is not otherwise 15
confidential. 16
4. If requested, a governmental entity shall provide a copy of a 17
public record in an electronic format by means of an electronic 18
medium. Nothing in this subsection requires a governmental entity 19
to provide a copy of a public record in an electronic format or by 20
means of an electronic medium if: 21
(a) The public record: 22
(1) Was not created or prepared in an electronic format; and 23
(2) Is not available in an electronic format; or 24
(b) Providing the public record in an electronic format or by 25
means of an electronic medium would: 26
(1) Give access to proprietary software; or 27
(2) Require the production of information that is confidential 28
and that cannot be redacted, deleted, concealed or separated from 29
information that is not otherwise confidential. 30
5. An officer, employee or agent of a governmental entity who 31
has legal custody or control of a public record: 32
(a) Shall not refuse to provide a copy of that public record in the 33
medium that is requested because the officer, employee or agent has 34
already prepared or would prefer to provide the copy in a different 35
medium. 36
(b) Except as otherwise provided in NRS 239.030, shall, upon 37
request, prepare the copy of the public record and shall not require 38
the person who has requested the copy to prepare the copy himself 39
or herself. 40
Sec. 7. The Department of Public Safety shall not include 41
information concerning a person who would be eligible for inclusion 42
in the statewide database and Internet website established pursuant 43
to section 2 of this act, if before July 1, 2025, the Department would 44
be required to remove his or her information from the statewide 45
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database and Internet website if the person filed a petition pursuant 1
to subsection 6 of section 2 of this act. 2
Sec. 8. This act becomes effective on July 1, 2025. 3
H