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- 83rd Session (2025)
Assembly Bill No. 97–Committee on Judiciary
CHAPTER..........
AN ACT relating to public safety; revising provisions governing
requirements for the submission of certain information to the
Central Repository for Nevada Records of Criminal History;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law: (1) requires each agency of criminal justice and any other agency
dealing with crime to maintain certain records and submit certain information to the
Central Repository for Nevada Records of Crimi nal History; and (2) establishes
certain requirements for the submission of such information to ensure compliance
with the policies, procedures and definitions prescribed by the Uniform Crime
Reporting Program of the Federal Bureau of Investigation. (NRS 179A.075)
Section 3 of this bill instead requires each such agency to make such a
submission through the use of the National Incident -Based Reporting System.
Section 1 of this bill creates a definition of the term “National Incident -Based
Reporting System,” and section 2 of this bill makes that definition applicable to
chapter 179A of NRS.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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
adding thereto a new section to read as follows:
“National Incident-Based Reporting System” means the system
operated by the Bureau of Justice Statistics established in 34
U.S.C. § 10132.
Sec. 2. NRS 179A.010 is hereby amended to read as follows:
179A.010 As used in this chapter, unless the context otherwise
requires, the words and terms defined in NRS 179A.020 to
179A.073, inclusive, and section 1 of this act have the meanings
ascribed to them in those sections.
Sec. 3. NRS 179A.075 is hereby amended to read as follows:
179A.075 1. The Central Repository for Nevada Records of
Criminal History is hereby created within the Records,
Communications and Compliance Division of the Department.
2. Each agency of criminal justic e and any other agency
dealing with crime shall:
(a) Collect and maintain records, reports and compilations of
statistical data required by the Department; and
(b) Submit the information collected to the Central Repository:
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(1) In the manner approved b y the Director of the
Department; and
(2) [In accordance with the policies, procedures and
definitions of the Uniform Crime Reporting Program of the Federal
Bureau of Investigation. ] Through the use of the National
Incident-Based Reporting System.
3. Each agency of criminal justice shall submit the information
relating to records of criminal history that it creates, issues or
collects, and any information in its possession relating to the DNA
profile of a person from whom a biological specimen is obtai ned
pursuant to NRS 176.09123 or 176.0913, to the Division. The
information must be submitted to the Division:
(a) Through an electronic network;
(b) On a medium of magnetic storage; or
(c) In the manner prescribed by the Director of the Department,
within 60 days after the date of the disposition of the case. If an
agency has submitted a record regarding the arrest of a person who
is later determined by the agency not to be the person who
committed the particular crime, the agency shall, immediately u pon
making that determination, so notify the Division. The Division
shall delete all references in the Central Repository relating to that
particular arrest.
4. Each state and local law enforcement agency shall submit
Uniform Crime Reports to the Central Repository:
(a) In the manner prescribed by the Director of the Department;
(b) [In accordance with the policies, procedures and definitions
of the Uniform Crime Reporting Program of the Federal Bureau of
Investigation;] Through the use of the National Incident-Based
Reporting System; and
(c) Within the time prescribed by the Director of the
Department.
5. The Division shall, in the manner prescribed by the Director
of the Department:
(a) Collect, maintain and arrange all information submitted to it
relating to:
(1) Records of criminal history; and
(2) The DNA profile of a person from whom a biological
specimen is obtained pursuant to NRS 176.09123 or 176.0913.
(b) When practicable, use a record of the personal identifying
information of a subjec t as the basis for any records maintained
regarding him or her.
(c) Upon request, provide, in paper or electronic form, the
information that is contained in the Central Repository to the
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Committee on Domestic Violence appointed pursuant to NRS
228.470 whe n, pursuant to NRS 228.495, the Committee is
reviewing the death of the victim of a crime that constitutes
domestic violence pursuant to NRS 33.018.
6. The Division may:
(a) Disseminate any information which is contained in the
Central Repository to any other agency of criminal justice;
(b) Enter into cooperative agreements with repositories of the
United States and other states to facilitate exchanges of information
that may be disseminated pursuant to paragraph (a); and
(c) Request of and receive from the Federal Bureau of
Investigation information on the background and personal history of
any person whose record of fingerprints or other biometric identifier
the Central Repository submits to the Federal Bureau of
Investigation and:
(1) Who has applied to any agency of the State of Nevada or
any political subdivision thereof for a license which it has the power
to grant or deny;
(2) With whom any agency of the State of Nevada or any
political subdivision thereof intends to enter into a relationsh ip of
employment or a contract for personal services;
(3) Who has applied to any agency of the State of Nevada or
any political subdivision thereof to attend an academy for training
peace officers approved by the Peace Officers’ Standards and
Training Commission;
(4) For whom such information is required or authorized to
be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031,
432A.170, 432B.198, 433B.183, 449.123 and 449.4329; or
(5) About whom any agency of the State of Nevada or any
political subdivision thereof is authorized by law to have accurate
personal information for the protection of the agency or the persons
within its jurisdiction.
7. To request and receive information from the Federal Bureau
of Investigation concerning a person p ursuant to subsection 6, the
Central Repository must receive:
(a) The person’s complete set of fingerprints for the purposes of:
(1) Booking the person into a city or county jail or detention
facility;
(2) Employment;
(3) Contractual services; or
(4) Services related to occupational licensing;
(b) One or more of the person’s fingerprints for the purposes of
mobile identification by an agency of criminal justice; or
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(c) Any other biometric identifier of the person as it may require
for the purposes of:
(1) Arrest; or
(2) Criminal investigation,
from the agency of criminal justice or agency of the State of
Nevada or any political subdivision thereof and submit the received
data to the Federal Bureau of Investigation for its report.
8. The Central Repository shall:
(a) Collect and maintain records, reports and compilations of
statistical data submitted by any agency pursuant to subsection 2.
(b) Tabulate and analyze all records, reports and compilations of
statistical data received pursuant to this section.
(c) Disseminate to federal agencies engaged in the collection of
statistical data relating to crime information which is contained in
the Central Repository.
(d) Investigate the criminal history of any person who:
(1) Has applied to t he Superintendent of Public Instruction
for the issuance or renewal of a license;
(2) Has applied to a county school district, charter school or
private school for employment or to serve as a volunteer; or
(3) Is employed by or volunteers for a county school district,
charter school or private school,
and immediately notify the superintendent of each county school
district, the governing body of each charter school and the
Superintendent of Public Instruction, or the administrator of each
private scho ol, as appropriate, if the investigation of the Central
Repository indicates that the person has been convicted of a
violation of NRS 200.508, 201.230, 453.3385, 453.3387 or 453.339,
or convicted of a felony or any offense involving moral turpitude.
(e) Upon discovery, immediately notify the superintendent of
each county school district, the governing body of each charter
school or the administrator of each private school, as appropriate, by
providing the superintendent, governing body or administrator wit h
a list of all persons:
(1) Investigated pursuant to paragraph (d); or
(2) Employed by or volunteering for a county school district,
charter school or private school whose fingerprints were sent
previously to the Central Repository for investigation,
who the Central Repository’s records indicate have been
convicted of a violation of NRS 200.508, 201.230, 453.3385,
453.3387 or 453.339, or convicted of a felony or any offense
involving moral turpitude since the Central Repository’s initial
investigation. The superintendent of each county school district, the
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governing body of a charter school or the administrator of each
private school, as applicable, shall determine whether further
investigation or action by the district, charter school or private
school, as applicable, is appropriate.
(f) Investigate the criminal history of each person who submits
one or more fingerprints or other biometric identifier or has such
data submitted pursuant to NRS 62B.270, 62G.223, 62G.353,
424.031, 432A.170, 432B.198, 43 3B.183, 449.122, 449.123 or
449.4329.
(g) Provide an electronic means to access on the Central
Repository’s Internet website statistical data relating to crime.
(h) Provide an electronic means to access on the Central
Repository’s Internet website statis tical data about domestic
violence in this State.
(i) Identify and review the collection and processing of
statistical data relating to criminal justice by any agency identified
in subsection 2 and make recommendations for any necessary
changes in the man ner of collecting and processing statistical data
by any such agency.
(j) Adopt regulations governing biometric identifiers and the
information and data derived from biometric identifiers, including,
without limitation:
(1) Their collection, use, safegu arding, handling, retention,
storage, dissemination and destruction; and
(2) The methods by which a person may request the removal
of his or her biometric identifiers from the Central Repository and
any other agency where his or her biometric identifiers have been
stored.
9. The Central Repository may:
(a) In the manner prescribed by the Director of the Department,
disseminate compilations of statistical data and publish statistical
reports relating to crime.
(b) Charge a reasonable fee for any public ation or special report
it distributes relating to data collected pursuant to this section. The
Central Repository may not collect such a fee from an agency of
criminal justice or any other agency dealing with crime which is
required to submit information pursuant to subsection 2. All money
collected pursuant to this paragraph must be used to pay for the cost
of operating the Central Repository or for any other purpose
authorized by the Legislature, and any balance of the money
remaining at the end of a fis cal year reverts to the State General
Fund.
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(c) In the manner prescribed by the Director of the Department,
use electronic means to receive and disseminate information
contained in the Central Repository that it is authorized to
disseminate pursuant to the provisions of this chapter.
10. As used in this section:
(a) “Mobile identification” means the collection, storage,
transmission, reception, search, access or processing of a biometric
identifier using a handheld device.
(b) “Personal identifying inf ormation” means any information
designed, commonly used or capable of being used, alone or in
conjunction with any other information, to identify a person,
including, without limitation:
(1) The name, driver’s license number, social security
number, date of birth and photograph or computer -generated image
of a person; and
(2) A biometric identifier of a person.
(c) “Private school” has the meaning ascribed to it in
NRS 394.103.
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