- 82nd Session (2023)
Senate Bill No. 103–Committee on Judiciary
CHAPTER..........
AN ACT relating to criminal justice; revising the membership,
powers and duties of the Nevada Sentencing Commission;
establishing the Subcommittee on Misdemeanors of the
Sentencing Commission; prescribing the membership,
powers and duties of the Subcommittee; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law creates the Nevada Sentencing Commission within the
Department of Sentencing Policy, prescribes the membership of the Sentencing
Commission and sets forth various powers and duties of the Sentencing
Commission. (NRS 176.0133, 176.0134) Section 2 of this bill revises the
membership of the Sentencing Commission to remove a member appointed by the
Governor and add: (1) a member who is an attorney and whose practice primarily
consists of representing criminal defendants in a county whose population is less
than 55,000 (currently counties other than Clark and Washoe Counties and Carson
City); (2) a member who is a district attorney; (3) a member who is a representative
of the Central Repository for Nevada Records of Criminal History; and (4) a
member who is a faculty member of the Nevada System of Higher Education who
teaches criminal justice. Section 2 also: (1) prescribes certain additional
requirements relating to members of the Sentencing Commission who are district
attorneys; and (2) authorizes the Sentencing Commission to establish working
groups, task forces and similar entities to assist in its work.
Section 3 of this bill removes certain specific requirements relating to
recommendations of the Sentencing Commission. Section 3 also removes
requirements that the Sentencing Commission: (1) provide certain training
regarding sentencing; (2) act as a sentencing policy resource for this State; and (3)
propose and recommend statutory sentencing guidelines. Section 1.9 of this bill
makes a conforming change relating to the duties of the Sentencing Commission.
Section 1.5 of this bill creates the Subcommittee on Misdemeanors of the
Sentencing Commission and sets forth its membership and duties. Section 1.7 of
this bill authorizes the Chair of the Subcommittee to appoint working groups to aid
in the work of the Subcommittee. Section 1.7 provides that all information and
materials received or prepared by a working group are confidential. Section 4.5 of
this bill makes a conforming change relating to the information and materials made
confidential pursuant to section 1.7. Section 1.3 of this bill defines the term
“subcommittee” for purposes of the provisions of sections 1.5 and 1.7. Section 1.8
of this bill makes a conforming change to indicate the proper placement of sections
1.3-1.7 in the Nevada Revised Statutes.
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- 82nd Session (2023)
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 176 of NRS is hereby amended by adding
thereto the provisions set forth as sections 1.3, 1.5 and 1.7 of this
act.
Sec. 1.3. “Subcommittee” means the Subcommittee on
Misdemeanors of the Sentencing Commission.
Sec. 1.5. 1. There is hereby created the Subcommittee on
Misdemeanors of the Sentencing Commission, consisting of
members appointed by the Chair of the Sentencing Commission,
who must include, without limitation:
(a) One member who has expertise in:
(1) Policies and practices regarding misdemeanor
sentencing implemented in this State and other states; and
(2) Administrative assessments, fines and fees related to the
criminal justice system in this State and other states;
(b) One member who is a city attorney;
(c) One member who is an attorney, experienced in defending
criminal actions; and
(d) One member who serves as a court administrator for a
justice or municipal court.
2. The Chair of the Sentencing Commission shall designate
one of the members of the Subcommittee to serve as the Chair of
the Subcommittee.
3. The Subcommittee shall meet at the times and places
specified by a call of the Chair. A majority of the members of the
Subcommittee constitutes a quorum, and a quorum may exercise
all the power or authority conferred on the Subcommittee.
Members of the Subcommittee shall serve without compensation.
4. The Subcommittee shall:
(a) Study existing laws, policies and practices relating to
misdemeanor offenses in this State and other states, including,
without limitation, the sentences imposed for misdemeanor
offenses in this State and other states; and
(b) Submit a biennial report describing the findings,
conclusions and recommendations of the subcommittee to the
Sentencing Commission.
Sec. 1.7. 1. The Chair of the Subcommittee may appoint
working groups composed of persons with subject matter
expertise, including, without limitation, representations of
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- 82nd Session (2023)
criminal justice agencies in this State to aid in the work of the
Subcommittee.
2. The Chair of the Subcommittee may appoint any person
the Chair deems appropriate to serve on a working group, which
may include, without limitation, representatives of criminal justice
agencies within this State.
3. All information and materials received or prepared by a
working group are confidential and not public record for purposes
of chapter 239 of NRS.
4. The members of a working group serve without
compensation.
Sec. 1.8. NRS 176.01313 is hereby amended to read as
follows:
176.01313 As used in NRS 176.0131 to 176.014, inclusive,
and sections 1.3, 1.5 and 1.7 of this act, unless the context
otherwise requires, the words and terms defined in NRS 176.01315,
176.01317 and 176.0132 and section 1.3 of this act have the
meanings ascribed to them in those sections.
Sec. 1.9. NRS 176.01327 is hereby amended to read as
follows:
176.01327 The Executive Director appointed pursuant to NRS
176.01323 shall:
1. Oversee all of the functions of the Department.
2. Serve as Executive Secretary of the Sentencing Commission
without additional compensation.
3. Report to the Sentencing Commission on sentencing and
related issues regarding the functions of the Department and provide
such information to the Sentencing Commission as requested.
4. Assist the Sentencing Commission in determining necessary
and appropriate recommendations to assist in carrying out the
responsibilities of the Department.
5. Establish the budget for the Department.
6. Facilitate the collection and aggregation of data from the
courts, Department of Corrections, Division of Parole and Probation
of the Department of Public Safety and any other agency of criminal
justice.
7. Identify variables or sets of data concerning criminal justice
that are not currently collected or shared across agencies of criminal
justice within this State.
8. Assist in preparing and submitting the comprehensive report
required to be prepared by the Sentencing Commission pursuant to
subsection [11] 5 of NRS 176.0134.
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- 82nd Session (2023)
9. Assist the Sentencing Commission in carrying out its duties
pursuant to subsections 2 and 3 of NRS 176.01347 relating to the
calculation of the costs avoided by this State for the immediately
preceding fiscal year because of the enactment of chapter 633,
Statutes of Nevada 2019, and in preparing a report containing the
projected amount of such costs for the next biennium and
recommendations for the reinvestment of the amount of the costs.
10. Take any other actions necessary to carry out the powers
and duties of the Sentencing Commission pursuant to NRS
176.0131 to 176.014, inclusive.
Sec. 2. NRS 176.0133 is hereby amended to read as follows:
176.0133 1. The Nevada Sentencing Commission is hereby
created within the Department. The Sentencing Commission
consists of:
(a) One member [appointed by the Governor;] who is an
attorney and whose practice primarily consists of representing
criminal defendants in a county whose population is less than
55,000, appointed by the Executive Director of the Department of
Indigent Defense Services or his or her designee;
(b) One member who is a justice of the Supreme Court of
Nevada or a retired justice of the Supreme Court of Nevada,
appointed by the Chief Justice of the Supreme Court of Nevada;
(c) Two members who are judges appointed by the Chief Justice
of the Supreme Court of Nevada;
(d) One member who is a representative of the Administrative
Office of the Courts appointed by the Chief Justice of the Supreme
Court of Nevada;
(e) The Director of the Department of Corrections;
(f) One member who is a representative of the Office of the
Attorney General, appointed by the Attorney General;
(g) [One member who is a district attorney,] Two members
appointed by the governing body of the Nevada District Attorneys
Association [;] , one of whom must be a district attorney in a
county whose population is 100,000 or more and one of whom
must be a district attorney in a county whose population is less
than 100,000;
(h) One member who is a representative of the Office of the
Clark County Public Defender, appointed by the head of the Office
of the Clark County Public Defender;
(i) One member who is a representative of the Office of the
Washoe County Public Defender, appointed by the head of the
Office of the Washoe County Public Defender;
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- 82nd Session (2023)
(j) One member who is an attorney in private practice,
experienced in defending criminal actions, appointed by the
governing body of the State Bar of Nevada;
(k) One member who has been a victim of a crime or is a
representative of an organization supporting the rights of victims of
crime, appointed by the Governor;
(l) One member who is a member of the State Board of Parole
Commissioners, appointed by the State Board of Parole
Commissioners;
(m) One member who is a representative of the Division of
Parole and Probation of the Department of Public Safety, appointed
by the Governor;
(n) One member who is a representative of the Nevada Sheriffs’
and Chiefs’ Association, appointed by the Nevada Sheriffs’ and
Chiefs’ Association;
(o) One member who is a representative of the Las Vegas
Metropolitan Police Department, appointed by the Sheriff of Clark
County;
(p) One member who is a representative of the Division of
Public and Behavioral Health of the Department of Health and
Human Services;
(q) One member who is a representative of an organization that
advocates on behalf of inmates, appointed by the Governor;
(r) Two members who are Senators, one of whom is appointed
by the Majority Leader of the Senate and one of whom is appointed
by the Minority Leader of the Senate;
(s) Two members who are members of the Assembly, one of
whom is appointed by the Speaker of the Assembly and one of
whom is appointed by the Minority Leader of the Assembly;
(t) The Director of the Department of Employment, Training
and Rehabilitation; [and]
(u) One member who is a representative of an organization that
works with offenders upon release from incarceration to assist in
reentry into the community appointed by the Chair of the
Legislative Commission [.] ;
(v) One member who is a representative of the Central
Repository for Nevada Records of Criminal History, appointed by
the Director of the Department of Public Safety; and
(w) One member who is a faculty member of the Nevada
System of Higher Education who teaches criminal justice,
appointed by the Governor.
2. The Executive Director shall serve as the Executive
Secretary of the Sentencing Commission.
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- 82nd Session (2023)
3. If any organization listed in subsection 1 ceases to exist, the
appointment required pursuant to that subsection must be made by
the association’s successor in interest, or, if there is no successor in
interest, by the Governor.
4. Each appointed member serves a term of 2 years. Members
may be reappointed for additional terms of 2 years in the same
manner as the original appointments. Any vacancy occurring in the
membership of the Sentencing Commission must be filled in the
same manner as the original appointment not later than 30 days after
the vacancy occurs.
5. The Legislators who are members of the Sentencing
Commission are entitled to receive the salary provided for a
majority of the members of the Legislature during the first 60 days
of the preceding session for each day’s attendance at a meeting of
the Sentencing Commission.
6. At the first regular meeting of each odd-numbered year, the
members of the Sentencing Commission shall elect a Chair by
majority vote who shall serve until the next Chair is elected.
7. The Sentencing Commission shall:
(a) Hold its first meeting on or before September 1 of each odd-
numbered year; and
(b) Meet at least once every 3 months and may meet at such
further times as deemed necessary by the Chair.
8. A member of the Sentencing Commission may designate a
nonvoting alternate to attend a meeting in his or her place.
9. A majority of the members of the Sentencing Commission
constitutes a quorum for the transaction of business, and a majority
of those members present at any meeting is sufficient for any
official action taken by the Sentencing Commission. A nonvoting
alternate designated by a member pursuant to subsection 8 who
attends a meeting of the Sentencing Commission for which the
alternate is designated shall be deemed to be a member of the
Sentencing Commission for the purpose of determining whether a
quorum exists.
10. While engaged in the business of the Sentencing
Commission, to the extent of legislative appropriation, each member
of the Sentencing Commission is entitled to receive the per diem
allowance and travel expenses provided for state officers and
employees generally.
11. The Sentencing Commission may establish such working
groups, task forces and similar entities from within or outside its
membership as necessary to address specific issues or otherwise to
assist in its work.
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- 82nd Session (2023)
Sec. 3. NRS 176.0134 is hereby amended to read as follows:
176.0134 The Sentencing Commission shall:
1. [Advise the Legislature on proposed legislation and make
recommendations with respect to all matters relating to the elements
of this State’s system of criminal justice which affect the sentences
imposed for felonies and gross misdemeanors.
2.] Evaluate and study the effectiveness and fiscal impact of
various policies and practices regarding sentencing which are
employed in this State and other states, including, without
limitation, the use of plea bargaining, probation, programs of
enhanced supervision, programs of regimental discipline,
imprisonment, sentencing recommendations, mandatory and
minimum sentencing, mandatory sentencing for crimes involving
the possession, manufacture and distribution of controlled
substances, enhanced penalties for habitual criminals, parole, credits
against sentences, residential confinement and alternatives to
incarceration.
[3.] 2. Recommend changes in the structure of sentencing in
this State which [, to] :
(a) Are consistent with the public policy set forth in NRS
176.0131; and
(b) To the extent practicable and with consideration for their
fiscal impact, incorporate general objectives and goals for
sentencing . [, including, without limitation, the following:
(a) Offenders must receive sentences that increase in direct
proportion to the severity of their crimes and their histories of
criminality.
(b) Offenders who have extensive histories of criminality or
who have exhibited a propensity to commit crimes of a predatory or
violent nature must receive sentences which reflect the need to
ensure the safety and protection of the public and which allow for
the imprisonment for life of such offenders.
(c) Offenders who have committed offenses that do not include
acts of violence and who have limited histories of criminality must
receive sentences which reflect the need to conserve scarce
economic resources through the use of various alternatives to
traditional forms of incarceration.
(d) Offenders with similar histories of criminality who are
convicted of similar crimes must receive sentences that are generally
similar.
(e) Offenders sentenced to imprisonment must receive sentences
which do not confuse or mislead the public as to the actual time
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- 82nd Session (2023)
those offenders must serve while incarcerated or before being
released from confinement or supervision.
(f) Offenders must not receive disparate sentences based upon
factors such as race, gender or economic status.
(g) Offenders must receive sentences which are based upon the
specific circumstances and facts of their offenses, including the
nature of the offense and any aggravating factors, the savagery of
the offense, as evidenced by the extent of any injury to the victim,
and the degree of criminal sophistication demonstrated by the
offender’s acts before, during and after commission of the offense.
4.] 3. Facilitate the development and maintenance of a
statewide sentencing database in collaboration with state and local
agencies, using existing databases or resources where appropriate.
[5. Provide training regarding sentencing and related issues,
policies and practices, and act as a sentencing policy resource for
this State.
6. Evaluate the impact of pretrial, sentencing diversion,
incarceration and postrelease supervision programs.
7. Identify potential areas of sentencing disparity related to
race, gender and economic status.
8. Propose and recommend statutory sentencing guidelines,
based on reasonable offense and offender characteristics which aim
to preserve judicial discretion and provide for individualized
sentencing, for the use of the district courts. If such guidelines are
enacted by the Legislature, the Sentencing Commission shall review
and propose any recommended changes.
9. Evaluate whether sentencing guidelines recommended
pursuant to subsection 8 should be mandatory and if judicial
findings should be required for any departures from the sentencing
guidelines.
10.] 4. Provide recommendations and advice to the Executive
Director concerning the administration of the Department,
including, without limitation:
(a) Receiving reports from the Executive Director and providing
advice to the Executive Director concerning measures to be taken by
the Department to ensure compliance with the duties of the
Sentencing Commission.
(b) Reviewing information from the Department regarding
sentencing of offenders in this State.
(c) Requesting any audit, investigation or review the Sentencing
Commission deems necessary to carry out the duties of the
Sentencing Commission.
– 9 –
- 82nd Session (2023)
(d) Coordinating with the Executive Director regarding the
procedures for the identification and collection of data concerning
the sentencing of offenders in this State.
(e) Advising the Executive Director concerning any required
reports and reviewing drafts of such reports.
(f) Making recommendations to the Executive Director
concerning the budget for the Department, improvements to the
criminal justice system and legislation related to the duties of the
Sentencing Commission.
(g) Providing advice and recommendations to the Executive
Director on any other matter.
[11.] 5. For each regular session of the Legislature, with the
assistance of the Department, prepare a comprehensive report
including the Sentencing Commission’s:
(a) Recommended changes pertaining to sentencing;
(b) Findings;
(c) Recommendations for proposed legislation;
(d) Identification of outcomes resulting from the enactment of
chapter 633, Statutes of Nevada 2019, that were tracked and
assessed as required pursuant to paragraphs (a), (b) and (c) of
subsection 1 of NRS 176.01343;
(e) Identification of trends observed after the enactment of
chapter 633, Statutes of Nevada 2019, that were tracked and
assessed as required pursuant to paragraph (d) of subsection 1 of
NRS 176.01343;
(f) Identification of gaps in the State’s data tracking capabilities
related to the criminal justice system and recommendations for
filling any such gaps as required pursuant to paragraph (e) of
subsection 1 of NRS 176.01343;
(g) Recommendations for improvements, changes and budgetary
adjustments; and
(h) Additional recommendations for future legislation and
policy options to enhance public safety and control corrections
costs.
[12.] 6. Submit the report prepared pursuant to subsection [11]
5 not later than January 15 of each odd-numbered year to:
(a) The Office of the Governor;
(b) The Director of the Legislative Counsel Bureau for
distribution to the Legislature; and
(c) The Chief Justice of the Nevada Supreme Court.
Sec. 4. (Deleted by amendment.)
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- 82nd Session (2023)
Sec. 4.5. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095,
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030,
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152,
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413,
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345,
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270,
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280,
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640,
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730,
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312,
130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015,
176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715,
178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771,
200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392,
209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140,
213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464,
217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240,
218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570,
231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105,
239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050,
239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420,
240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335,
247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150,
268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195,
281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755,
281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438,
289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503,
293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910,
293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335,
338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420,
349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100,
353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242,
361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080,
378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830,
385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503,
388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035,
391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271,
392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045,
394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465,
396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525,
396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888,
– 11 –
- 82nd Session (2023)
408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305,
422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028,
432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407,
432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534,
433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116,
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170,
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735,
442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209,
449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805,
453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555,
459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403,
463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940,
481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340,
483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830,
484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040,
534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098,
598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303,
604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350,
618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110,
624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230,
628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672,
630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332,
631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283,
633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055,
634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158,
636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087,
638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185,
640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620,
640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340,
641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217,
641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760,
641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180,
645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220,
645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330,
647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126,
652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130,
665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480,
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710,
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190,
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410,
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306,
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480,
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536,
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- 82nd Session (2023)
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550,
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159,
711.600, and section 1.7 of this act, sections 35, 38 and 41 of
chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391,
Statutes of Nevada 2013 and unless otherwise declared by law to be
confidential, all public books and public records of a governmental
entity must be open at all times during office hours to inspection by
any person, and may be fully copied or an abstract or memorandum
may be prepared from those public books and public records. Any
such copies, abstracts or memoranda may be used to supply the
general public with copies, abstracts or memoranda of the records or
may be used in any other way to the advantage of the governmental
entity or of the general public. This section does not supersede or in
any manner affect the federal laws governing copyrights or enlarge,
diminish or affect in any other manner the rights of a person in any
written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record
which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a
public book or record shall not deny a request made pursuant to
subsection 1 to inspect or copy or receive a copy of a public book or
record on the basis that the requested public book or record contains
information that is confidential if the governmental entity can
redact, delete, conceal or separate, including, without limitation,
electronically, the confidential information from the information
included in the public book or record that is not otherwise
confidential.
4. If requested, a governmental entity shall provide a copy of a
public record in an electronic format by means of an electronic
medium. Nothing in this subsection requires a governmental entity
to provide a copy of a public record in an electronic format or by
means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by
means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential
and that cannot be redacted, deleted, concealed or separated from
information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who
has legal custody or control of a public record:
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(a) Shall not refuse to provide a copy of that public record in the
medium that is requested because the officer, employee or agent has
already prepared or would prefer to provide the copy in a different
medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon
request, prepare the copy of the public record and shall not require
the person who has requested the copy to prepare the copy himself
or herself.
Sec. 5. 1. This section becomes effective on passage and
approval.
2. Sections 1 to 4.5, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of performing
any preparatory administrative tasks that are necessary to carry out
the provisions of this act; and
(b) On July 1, 2023, for all other purposes.
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