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- 83rd Session (2025)
Senate Bill No. 432–Committee on Judiciary
CHAPTER..........
AN ACT relating to privacy; granting courts discretion to close
family law proceedings or portions thereof under certain
circumstances; revising provisions concerning the
accessibility of court records in family law proceedings;
repealing an unconstitutional provision relating to the closure
of certain divorce proceedings; prohibiting the public posting
or display of the personal identifying information of another
person under certain circumstances; providing penalties; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires the court in any action for divorce to close a proceeding
upon the demand of either party to the action. (NRS 125.080) In 2024, the Nevada
Supreme Court held that such a statute is unconstitutional because it permits closed
court proceedings without the ex ercise of judicial discretion. ( Falconi v. Eighth
Judicial District Court in and for the County of Clark , 140 Nev. Adv. Op. 8, 543
P.3d 92 (2024)) Section 6 of this bill repeals this statute. Section 2 of this bill
defines the term “family law proceeding” to mean a proceeding conducted pursuant
to the provisions of Title 11 of NRS. Section 3 of this bill: (1) establishes that
family law proceedings are presumptively open unless an exception applies; and (2)
authorizes a court to exercise its discretion and close any such proceeding or
portion thereof if the court determines that closure is necessary to serve a
compelling interest. Section 3 also requires the court to: (1) consider certain factors
when making this determination; (2) make certain written findings; and (3) exclude
certain persons from the court or chambers if the proceeding is closed.
Additionally, section 3 provides, with certain exceptions, that a transcript, audio
recording or electronic or video record of a closed portion of a hearing or trial: (1)
is confidential and not open to inspection or copying, except by the parties, their
counsel and necessary staff or experts; and (2) must not be distributed.
Section 4 of this bill governs which court records are accessible to the public in
family law proceedings. Under section 4, a court is authorized to seal or redact
certain court records if the court determines that the sealing or redaction is justified
by a compelling interest that outweighs the public interest in ac cess to the court
record. Section 4 also: (1) authorizes the court to unseal a court record under
certain circumstances; and (2) requires the court to consider certain factors in
determining whether to unseal a court record. Section 6 repeals an existing s tatute
governing which court records are accessible to the public in a divorce action,
which is being replaced by the provisions of section 4.
Section 5 of this bill prohibits a person from willfully and intentionally posting
or displaying in any public manner certain personal identifying information of
another person without the consent of the person. Section 5 provides that a person
who commits such an unlawful act is guilty of a category D felony.
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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. Title 11 of NRS is hereby amended by adding
thereto a new chapter to consist of the provisions set forth as
sections 2, 3 and 4 of this act.
Sec. 2. As used in this chapter, “family law proceeding”
means a proceeding conducted pursuant to the provisions of this
title.
Sec. 3. 1. Except as otherwise provided by specific statute
or court rule, family law proceedings are presumptively open.
2. Upon oral or written motion of either party, upon its own
motion or upon the filing of a request to provide electronic
coverage of a proceeding, a court may exercise its discretion and
close a proceeding or portion thereof only if the court determines
that closure is necessary to serve a compelling interest.
3. In addition to any other factors the court considers
relevant in determining whether closure serves a compelling
interest, the court shall consider:
(a) The presumption set forth in subsection 1;
(b) The best interest of each child involved in the proceeding;
(c) Whether permitting a third party to observe or record the
proceeding creates a substantial risk of violating a federal or state
law or regulation or court rule relating to the disclosure of
personal identifying information that cannot be mitigated by
sealing court records. As used in this paragraph, “personal
identifying information” includes, without limitation:
(1) Individually identifiable health information as defined
in 45 C.F.R. § 160.103; or
(2) Educational records under the Family Educational
Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any
regulations adopted pursuant thereto; and
(d) Whether, in the absence of closure, there is a substantial
risk that:
(1) A party to the proceeding or child involved in the
proceeding may suffer harassment, indignity, undue
embarrassment or any other physical or emotional harm; or
(2) The fundamental right of privacy of any person will be
violated.
4. After considering the factors set forth in subsection 3 and
any other factors the court considers relevant in determining
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whether closure is necessary to serve a compelling interest, the
court shall make written findings regarding:
(a) Whether there is a substantial probability that, in the
absence of closure, the compelling interest will be harmed;
(b) Whether there are alternatives to closure that would
adequately protect the compelling interest; and
(c) Whether the closure is narrowly tail ored to protect the
compelling interest.
5. If the court determines that a proceeding or portion thereof
should be closed pursuant to subsection 2:
(a) The court shall direct that the proceeding or portion
thereof be closed; and
(b) Except as otherwise provided in subsections 6 and 7, all
persons must be excluded from the court or chambers wherein the
action is tried, except:
(1) The officers of the court;
(2) The parties;
(3) The counsel for the parties and any staff of such
counsel;
(4) The wi tnesses for the parties, including, without
limitation, expert witnesses;
(5) The guardians of the parties; and
(6) Persons who are related within the third degree of
consanguinity to the parties.
6. The court may, upon oral or written motion of either party
or on its own motion, exclude any person described in
subparagraph (4), (5) or (6) of paragraph (b) of subsection 5 from
the court or chambers wherein the action is tried.
7. If the court determines that the interests of justice or best
interests of a child would be served, the court may permit a person
to remain, observe and hear any relevant portion of a proceeding,
notwithstanding any request by a party that the proceeding be
closed.
8. Except as otherwise provided by specific statute, court rule
or court order, a transcript, audio recording or electronic or video
record of a closed portion of a hearing or trial is confidential and
not open to inspection or copying by persons except the parties, the
counsel for the parties and such staff and experts as the counsel
for the parties deem necessary.
9. A person with such access shall not distribute or facilitate
the distribution of a transcript, audio recording or electronic or
video record of any closed portion of a hearing or trial, except as
otherwise provided by specific statute, court rule or court order. A
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person who violates this subsection shall, upon receiving notice of
the violation:
(a) Cease and desist from the conduct; and
(b) Immediately remove the transcript, audio recording or
electronic or video record from public access.
10. As used in this section, the term “electronic coverage”
includes broadcasting, televising, recording and photographing.
Sec. 4. 1. In a family law proceeding:
(a) The following court records must be open to public
inspection in the clerk’s office:
(1) The summons and proof of service;
(2) If service is made by publication, the affidavit for
publication;
(3) The pleadings;
(4) Any decree or other order, including, without limitation,
an order directing the publication of a summons; and
(5) Any judgment, including, without limitation, a
judgment of default.
(b) The following court records are not open to public
inspection except by order of the court for good cause shown:
(1) Financial disclosure forms;
(2) Documents, records or evidence filed under seal;
(3) Documents sealed by a court pursuant to subsection 3;
(4) Confidential exhibits;
(5) Child custody evaluations;
(6) Medical records, including, without limitation, any
medical, psychiatric or psychological evaluation or report; and
(7) Any documents, the copying or distribution of which is
prohibited by federal or state law or regulation or court rule.
2. Except as otherwise provided in subsection 8 of section 3 of
this act, all other court records, including, without limitation,
exhibits and transcripts of testimony , are presumptively open to
public inspection.
3. The court may, on its own motion or at t he request of a
party, seal or redact a court record described in subsection 2 if the
court determines that the sealing or redaction is justified by a
compelling interest that outweighs the public interest in access to
the court record. For the purpose of this subsection, protecting
personal identifying information concerning a party or child
involved in the proceeding from disclosure shall be deemed to be a
compelling interest that outweighs the public interest in access to
the court record.
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4. The cour t may unseal a court record sealed pursuant to
subsection 3:
(a) Upon written stipulation of all parties;
(b) Upon its own motion for good cause shown; or
(c) Upon the motion of a party for good cause shown. A copy
of any such motion must be served upo n all parties to the
proceeding.
5. In addition to any other factors the court considers
relevant in determining whether good cause exists for unsealing a
court record pursuant to subsection 4, the court shall consider:
(a) Whether the court record con tains information made
confidential by federal or state law or regulation or court rule;
(b) Whether federal or state law or regulation or court rule
provides that any information in the court record is not a public
record;
(c) The interests of the party seeking to unseal the record; and
(d) Whether unsealing the record would create a substantial
risk that a party to the proceeding or child involved in the
proceeding may suffer harassment, indignity, undue
embarrassment or any other physical or emotional harm.
6. As used in this section, “court record” includes, without
limitation, any document, information or exhibit maintained by a
court in connection with a family law proceeding.
Sec. 5. Chapter 205 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Except as otherwise provided in this section, a person shall
not willfully and intentionally post or display in any public
manner the personal identifying information of another person
without the consent of the person if the information is required to
be kept private pursuant to federal or state law or regulation or
court rule.
2. Unless a greater penalty is provided by specific statute, a
person who violates this section is guilty o f a category D felony
and shall be punished as provided in NRS 193.130.
3. As used in this section:
(a) “Personal identifying information” has the meaning
ascribed to it in NRS 205.4617.
(b) “Post or display in any public manner” means to
communicate or otherwise make available to the general public.
Sec. 6. NRS 125.080 and 125.110 are hereby repealed.
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