A.B. 35
- *AB35*
ASSEMBLY BILL NO. 35–COMMITTEE ON JUDICIARY
(ON BEHALF OF THE ATTORNEY GENERAL)
PREFILED NOVEMBER 15, 2024
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to pornography involving
minors. (BDR 15-448)
FISCAL NOTE: Effect on Local Government: No.
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 crimes; prohibiting a person from receiving,
distributing, producing, possessing or accessing any
obscene item or material which contains a depiction of a
purported child engaging in sexual conduct; providing
that a violation of this prohibition constitutes a sexual
offense or a violent or sexual offense for the purposes of
various statutes; establishing the preferred manner of
referring to items or materials that depict or describe a
minor engaging in certain sexual conduct; providing a
penalty; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
In general, existing law prohibits a person from committing certain acts 1
regarding pornography involving minors. (NRS 200.700-200.760) Section 1 of this 2
bill: (1) prohibits a person from receiving, distributing, producing, possessing or 3
accessing any obscene item or material which the person knows or reasonably 4
should know contains a depiction of a purported child engaging in sexual conduct; 5
and (2) provides that a person who violates this prohibition is guilty of a category B 6
felony. Section 1 also defines: (1) the term “depiction of a purported child” for 7
purposes of this prohibition to mean a visual representation that appears to depict 8
an actual child but may or may not depict an actual child; and (2) certain other 9
terms relating to the prohibition. Sections 2-5 of this bill make certain definitions, 10
exemptions and authorizations, which, under existing law, are generally applicable 11
to provisions concerning pornography involving minors, applicable to section 1. 12
Existing law: (1) prohibits a court from deferring judgment on a case if the 13
defendant has been convicted of a violent or sexual offense; (2) sets the maximum 14
– 2 –
- *AB35*
period of probation or suspension of sentence for a violent or sexual offense at 60 15
months; and (3) prohibits the early discharge from probation of a person convicted 16
of a violent or sexual offense. (NRS 176.211, 176A.500, 176A.840, 202.876) 17
Existing law also requires a person to report certain violent or sexual offenses 18
against a child to a law enforcement agency under certain circumstances. (NRS 19
202.882) Section 6 of this bill makes a violation of section 1 a violent or sexual 20
offense for purposes of these provisions. 21
Existing law prohibits a court from ordering a victim of or a witness to certain 22
sexual offenses to take or submit to a psychological or psychiatric examination. 23
(NRS 50.700) Section 7 of this bill applies this prohibition to a victim of or a 24
witness to a violation of section 1. 25
Existing law defines the term “sexual offense” for the purposes of certain 26
provisions which prohibit a person convicted of a sexual offense from obtaining 27
certain licenses or employment or receiving certain services to include an offense 28
involving pornography and a minor. (NRS 62B.270, 62G.223, 424.031, 424.145, 29
432A.170, 432A.1755, 432B.198, 432B.199, 433B.183) Sections 8, 12, 13 and 32-30
37 of this bill revise the list of sexual offenses to which these statutory provisions 31
apply to include a violation of section 1. 32
Section 9 of this bill requires a district attorney to provide certain 33
documentation to a victim of a violation of section 1 and, if the victim is less than 34
18 years of age, to his or her parent or guardian. (NRS 62C.120) 35
Section 10 of this bill makes certain restrictions concerning attendance in 36
school which are applicable to juveniles who are adjudicated delinquent for 37
committing sexual offenses applicable to a juvenile who is adjudicated delinquent 38
for committing a violation of section 1. (NRS 62F.100-62F.150) Section 11 of this 39
bill makes certain registration and community notification requirements which are 40
applicable to juveniles who are adjudicated delinquent for committing sexual 41
offenses applicable to a juvenile who is adjudicated delinquent for committing a 42
violation of section 1. (NRS 62F.205-62F.360) 43
Under existing law, the fingerprints of a child who is taken into custody for an 44
unlawful act that, if committed by an adult, would have been a sexual offense, must 45
be taken, retained locally and submitted to the Central Repository for Nevada 46
Records of Criminal History under certain circumstances. (NRS 62H.010) Section 47
14 of this bill makes these requirements applicable to a child who is taken into 48
custody for a violation of section 1. 49
Existing law requires the Director of the Department of Health and Human 50
Services to establish a program to compile and analyze data concerning juvenile 51
sex offenders. (NRS 62H.320) Existing law also requires the Division of Child and 52
Family Services of the Department to: (1) collect certain information concerning 53
each child adjudicated delinquent for committing a sexual offense; and (2) provide 54
the information collected by the Division to the Director for use in the program. 55
(NRS 62H.210, 62H.220, 62H.320) Sections 15 and 16 of this bill add a violation 56
of section 1 to the list of sexual offenses to which these requirements apply. 57
Sections 15 and 16 thereby require the Division to collect and provide to the 58
Department certain information concerning a child who is adjudicated delinquent 59
for a violation of section 1. 60
Existing law: (1) requires that a person convicted of certain sexual offenses 61
undergo a psychosexual evaluation as part of the presentence investigation report 62
prepared by the Division of Parole and Probation of the Department of Public 63
Safety; and (2) prohibits a court from granting probation to or suspending the 64
sentence of a person convicted of certain sexual offenses, unless the person who 65
conducts the psychosexual evaluation certifies that the person convicted of the 66
sexual offense does not represent a high risk to reoffend. (NRS 176.135, 176A.110) 67
Sections 18 and 19 of this bill add a violation of section 1 to the list of sexual 68
offenses that require a psychosexual evaluation to be conducted and for which a 69
– 3 –
- *AB35*
court is prohibited from granting probation to or suspending the sentence of a 70
person, unless the person who conducts the psychosexual evaluation certifies that 71
the person does not represent a high risk to reoffend. 72
Existing law requires a court that grants probation to or suspends the sentence 73
of certain persons convicted of an offense that involved pornography and a minor to 74
order, as a condition of probation or suspension, that the person not own or use a 75
computer. (NRS 176A.413) Section 20 of this bill adds a violation of section 1 to 76
the list of offenses for which a court is required to issue such an order. Existing law 77
similarly requires the State Board of Parole Commissioners to require that certain 78
persons convicted of an offense that involved pornography and a minor not own or 79
use a computer. (NRS 213.1258) Section 26 of this bill adds a violation of section 80
1 to the list of offenses for which the Board is required to impose this condition of 81
parole. 82
Existing law requires a court to provide certain documentation to certain 83
persons if an offender is convicted of certain sexual offenses. (NRS 178.5698) 84
Section 21 of this bill requires that such documentation be provided to such persons 85
if an offender is convicted of a violation of section 1. Section 22 of this bill makes 86
the provisions of law which prohibit a person convicted of a sexual offense from 87
petitioning a court to seal the records relating to such a conviction applicable to a 88
person convicted of a violation of section 1. (NRS 179.245) 89
Existing law authorizes the Central Repository and its employees to inquire into 90
and inspect certain sealed records that constitute information relating to sexual 91
offenses and to notify employers of the information in accordance with federal laws 92
and regulations. (NRS 179.301) Section 23 of this bill revises the list of sexual 93
offenses to which this provision applies to include a violation of section 1. 94
Existing law defines the term “sexual offense” for the purpose of requiring 95
persons convicted of certain sexual offenses to be prohibited from certain 96
employment, to register as a sex offender, to comply with certain mandatory 97
conditions of probation or parole and to fulfill certain other requirements. (NRS 98
118A.335, 176.0913, 176A.410, 179D.095, 179D.097, 179D.441, 213.1099, 99
213.1245) Section 24 of this bill revises the list of sexual offenses to which these 100
statutory provisions apply to include a violation of section 1. Section 25 of this bill 101
designates an offender convicted of a violation of section 1 a Tier II offender for 102
the purpose of certain requirements relating to registration as a sex offender. 103
Sections 27-29 of this bill make a minor who was the victim of a violation of 104
section 1 or a parent or guardian of any such minor eligible to apply for 105
compensation from the Fund for the Compensation of Victims of Crime for certain 106
expenses and losses. (NRS 217.010-217.270) 107
Sections 30 and 31 of this bill establish the preferred manner of referring to 108
items or materials that depict or describe a minor as the subject of a sexual 109
portrayal or engaging in or simulating, or assisting others to engage in or simulate 110
sexual conduct in the Nevada Revised Statutes and the Nevada Administrative 111
Code. Sections 6-29 and 32-37 make conforming changes to replace words and 112
terms that are not preferred for use in the Nevada Revised Statutes, including the 113
term “child pornography” and various related terms, with the term “child sexual 114
abuse material” in accordance with section 30. 115
– 4 –
- *AB35*
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 200 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. A person shall not receive, distribute, produce, possess or 3
access in any way, with the intent to view, any obscene item or 4
material which he or she knows or reasonably should know 5
contains a depiction of a purported child engaging in sexual 6
conduct. 7
2. Unless a greater penalty is provided in NRS 200.725, a 8
person who violates the provisions of subsection 1 is guilty of a 9
category B felony and shall be punished by imprisonment in the 10
state prison for a minimum term of not less than 1 year and a 11
maximum term of not more than 6 years, and may be further 12
punished by a fine of not more than $5,000. 13
3. As used in this section: 14
(a) “Child” means a person who is less than 18 years of age. 15
(b) “Depiction of a purported child” means a visual 16
representation that appears to depict an actual child but may or 17
may not depict an actual child. 18
(c) “Obscene” means any item or material which: 19
(1) An average person applying contemporary community 20
standards would find, taken as a whole, appeals to prurient 21
interest and lacks serious literary, artistic, political or scientific 22
value; and 23
(2) Depicts sexual conduct in a patently offensive way. 24
Sec. 2. NRS 200.700 is hereby amended to read as follows: 25
200.700 As used in NRS 200.700 to 200.760, inclusive, and 26
section 1 of this act, unless the context otherwise requires: 27
1. “Performance” means any play, film, photograph, computer-28
generated image, electronic representation, dance or other visual 29
presentation. 30
2. “Promote” means to produce, direct, procure, manufacture, 31
sell, give, lend, publish, distribute, exhibit, advertise or possess for 32
the purpose of distribution. 33
3. “Sexual conduct” means sexual intercourse, lewd exhibition 34
of the genitals, fellatio, cunnilingus, bestiality, anal intercourse, 35
excretion, sado-masochistic abuse, masturbation, or the penetration 36
of any part of a person’s body or of any object manipulated or 37
inserted by a person into the genital or anal opening of the body of 38
another. 39
4. “Sexual portrayal” means the depiction of a person in a 40
manner which appeals to the prurient interest in sex and which does 41
not have serious literary, artistic, political or scientific value. 42
– 5 –
- *AB35*
Sec. 3. NRS 200.735 is hereby amended to read as follows: 1
200.735 The provisions of NRS 200.710 to 200.730, inclusive, 2
and section 1 of this act do not apply to law enforcement personnel 3
during the investigation or prosecution of a violation of the 4
provisions of NRS 200.710 to 200.730, inclusive [.] , and section 1 5
of this act. 6
Sec. 4. NRS 200.740 is hereby amended to read as follows: 7
200.740 For the purposes of NRS 200.710 to 200.737, 8
inclusive, and section 1 of this act, to determine whether a person 9
was a minor, the court or jury may: 10
1. Inspect the person in question; 11
2. View the performance; 12
3. Consider the opinion of a witness to the performance 13
regarding the person’s age; 14
4. Consider the opinion of a medical expert who viewed the 15
performance; or 16
5. Use any other method authorized by the rules of evidence at 17
common law. 18
Sec. 5. NRS 200.760 is hereby amended to read as follows: 19
200.760 All assets derived from or relating to any violation of 20
NRS 200.366, 200.710 to 200.730, inclusive, and section 1 of this 21
act or 201.230 are subject to forfeiture. A proceeding for their 22
forfeiture may be brought pursuant to NRS 179.1156 to 179.1205, 23
inclusive. 24
Sec. 6. NRS 202.876 is hereby amended to read as follows: 25
202.876 “Violent or sexual offense” means any act that, if 26
prosecuted in this State, would constitute any of the following 27
offenses: 28
1. Murder or voluntary manslaughter pursuant to NRS 200.010 29
to 200.260, inclusive. 30
2. Mayhem pursuant to NRS 200.280. 31
3. Kidnapping pursuant to NRS 200.310 to 200.340, inclusive. 32
4. Sexual assault pursuant to NRS 200.366. 33
5. Robbery pursuant to NRS 200.380. 34
6. Administering poison or another noxious or destructive 35
substance or liquid with intent to cause death pursuant to 36
NRS 200.390. 37
7. Battery with intent to commit a crime pursuant to 38
NRS 200.400. 39
8. Administering a drug or controlled substance to another 40
person with the intent to enable or assist the commission of a felony 41
or crime of violence pursuant to NRS 200.405 or 200.408. 42
9. False imprisonment pursuant to NRS 200.460 if the false 43
imprisonment involves the use or threatened use of force or violence 44
– 6 –
- *AB35*
against the victim or the use or threatened use of a firearm or a 1
deadly weapon. 2
10. Assault with a deadly weapon pursuant to NRS 200.471. 3
11. Battery which is committed with the use of a deadly 4
weapon or which results in substantial bodily harm as described in 5
NRS 200.481 or battery which is committed by strangulation as 6
described in NRS 200.481 or 200.485. 7
12. An offense involving [pornography and a minor] child 8
sexual abuse material pursuant to NRS 200.710 [or 200.720.] to 9
200.730, inclusive, and section 1 of this act. 10
13. Open or gross lewdness pursuant to NRS 201.210. 11
14. Lewdness with a child pursuant to NRS 201.230. 12
15. An offense involving pandering or sex trafficking in 13
violation of NRS 201.300, prostitution in violation of NRS 201.320 14
or advancing prostitution in violation of NRS 201.395. 15
16. Coercion pursuant to NRS 207.190, if the coercion 16
involves the use or threatened use of force or violence against the 17
victim or the use or threatened use of a firearm or a deadly weapon. 18
17. An attempt, conspiracy or solicitation to commit an offense 19
listed in this section. 20
Sec. 7. NRS 50.700 is hereby amended to read as follows: 21
50.700 1. In any criminal or juvenile delinquency action 22
relating to the commission of a sexual offense, a court may not order 23
the victim of or a witness to the sexual offense to take or submit to a 24
psychological or psychiatric examination. 25
2. The court may exclude the testimony of a licensed 26
psychologist, psychiatrist or clinical social worker who performed a 27
psychological or psychiatric examination on the victim or witness if: 28
(a) There is a prima facie showing of a compelling need for an 29
additional psychological or psychiatric examination of the victim or 30
witness by a licensed psychologist, psychiatrist or clinical social 31
worker; and 32
(b) The victim or witness refuses to submit to an additional 33
psychological or psychiatric examination by a licensed psychologist, 34
psychiatrist or clinical social worker. 35
3. In determining whether there is a prima facie showing of a 36
compelling need for an additional psychological or psychiatric 37
examination of the victim or witness pursuant to subsection 2, the 38
court must consider whether: 39
(a) There is a reasonable basis for believing that the mental or 40
emotional state of the victim or witness may have affected his or her 41
ability to perceive and relate events relevant to the criminal 42
prosecution; and 43
(b) Any corroboration of the offense exists beyond the 44
testimony of the victim or witness. 45
– 7 –
- *AB35*
4. If the court determines there is a prima facie showing of a 1
compelling need for an additional psychological or psychiatric 2
examination of the victim or witness, the court shall issue a factual 3
finding that details with particularity the reasons why an additional 4
psychological or psychiatric examination of the victim or witness is 5
warranted. 6
5. If the court issues a factual finding pursuant to subsection 4 7
and the victim or witness consents to an additional psychological or 8
psychiatric examination, the court shall set the parameters for the 9
examination consistent with the purpose of determining the ability 10
of the victim or witness to perceive and relate events relevant to the 11
criminal prosecution. 12
6. As used in this section, “sexual offense” includes, without 13
limitation: 14
(a) An offense that is found to be sexually motivated pursuant to 15
NRS 175.547 or 207.193; 16
(b) Sexual assault pursuant to NRS 200.366; 17
(c) Statutory sexual seduction pursuant to NRS 200.368; 18
(d) Battery with intent to commit sexual assault pursuant to 19
NRS 200.400; 20
(e) Abuse of a child pursuant to NRS 200.508, if the abuse 21
involved sexual abuse or sexual exploitation; 22
(f) An offense involving [pornography and a minor] child 23
sexual abuse material pursuant to NRS 200.710 to 200.730, 24
inclusive [;] , and section 1 of this act; 25
(g) Fertility fraud pursuant to paragraph (a) of subsection 1 of 26
NRS 200.975; 27
(h) Incest pursuant to NRS 201.180; 28
(i) Open or gross lewdness pursuant to NRS 201.210; 29
(j) Indecent or obscene exposure pursuant to NRS 201.220; 30
(k) Lewdness with a child pursuant to NRS 201.230; 31
(l) Pandering or sex trafficking of a child pursuant to 32
NRS 201.300; 33
(m) An offense involving the administration of a drug to another 34
person with the intent to enable or assist the commission of a felony 35
pursuant to NRS 200.405, if the felony is an offense listed in this 36
section; 37
(n) An offense involving the administration of a controlled 38
substance to another person with the intent to enable or assist the 39
commission of a crime of violence pursuant to NRS 200.408, if the 40
crime of violence is an offense listed in this section; 41
(o) Sexual penetration of a dead human body pursuant to 42
NRS 201.450; 43
(p) A violation of NRS 201.553; 44
– 8 –
- *AB35*
(q) Luring a child or a person with mental illness pursuant to 1
NRS 201.560; 2
(r) Any other offense that has an element involving a sexual act 3
or sexual conduct with another person; or 4
(s) Any attempt or conspiracy to commit an offense listed in this 5
subsection. 6
Sec. 8. NRS 62B.270 is hereby amended to read as follows: 7
62B.270 1. A public institution or agency to which a juvenile 8
court commits a child or the licensing authority of a private 9
institution to which a juvenile court commits a child, including, 10
without limitation, a facility for the detention of children, shall 11
secure from appropriate law enforcement agencies information on 12
the background and personal history of each employee of the 13
institution or agency to determine: 14
(a) Whether the employee has been convicted of: 15
(1) Murder, voluntary manslaughter, involuntary 16
manslaughter or mayhem; 17
(2) Any other felony involving the use or threatened use of 18
force or violence or the use of a firearm or other deadly weapon; 19
(3) Assault with intent to kill or to commit sexual assault or 20
mayhem; 21
(4) Battery which results in substantial bodily harm to the 22
victim; 23
(5) Battery that constitutes domestic violence that is 24
punishable as a felony; 25
(6) Battery that constitutes domestic violence, other than a 26
battery described in subparagraph (5), within the immediately 27
preceding 3 years; 28
(7) Sexual assault, statutory sexual seduction, incest, 29
lewdness, indecent exposure, an offense involving [pornography and 30
a minor] child sexual abuse material or any other sexually related 31
crime; 32
(8) A crime involving pandering or prostitution, including, 33
without limitation, a violation of any provision of NRS 201.295 to 34
201.440, inclusive, other than a violation of NRS 201.354 or 35
201.353 by engaging in prostitution; 36
(9) Abuse or neglect of a child, including, without limitation, 37
a violation of any provision of NRS 200.508 or 200.5083; 38
(10) A violation of any federal or state law regulating the 39
possession, distribution or use of any controlled substance or any 40
dangerous drug as defined in chapter 454 of NRS within the 41
immediately preceding 3 years; 42
(11) A violation of any federal or state law prohibiting 43
driving or being in actual physical control of a vehicle while under 44
– 9 –
- *AB35*
the influence of intoxicating liquor or a controlled substance that is 1
punishable as a felony; 2
(12) A violation of any federal or state law prohibiting 3
driving or being in actual physical control of a vehicle while under 4
the influence of intoxicating liquor or a controlled substance, other 5
than a violation described in subparagraph (11), within the 6
immediately preceding 3 years; 7
(13) Abuse, neglect, exploitation, isolation or abandonment 8
of older persons or vulnerable persons, including, without 9
limitation, a violation of any provision of NRS 200.5091 to 10
200.50995, inclusive, or a law of any other jurisdiction that 11
prohibits the same or similar conduct; or 12
(14) Any offense involving arson, fraud, theft, 13
embezzlement, burglary, robbery, fraudulent conversion, 14
misappropriation of property or perjury within the immediately 15
preceding 7 years; or 16
(b) Whether there are criminal charges pending against the 17
employee for a crime listed in paragraph (a). 18
2. An employee of the public or private institution or agency 19
must submit to the public institution or agency or the licensing 20
authority, as applicable, a complete set of fingerprints and written 21
authorization to forward those fingerprints to the Central Repository 22
for Nevada Records of Criminal History for submission to the 23
Federal Bureau of Investigation for its report. 24
3. The public institution or agency or the licensing authority, as 25
applicable, may exchange with the Central Repository or the Federal 26
Bureau of Investigation any information concerning the fingerprints 27
submitted. 28
4. The public institution or agency or the licensing authority, as 29
applicable, may charge an employee investigated pursuant to this 30
section for the reasonable cost of that investigation. 31
5. When a report from the Federal Bureau of Investigation is 32
received by the Central Repository, the Central Repository shall 33
immediately forward a copy of the report to the public institution or 34
agency or the licensing authority, as applicable, for a determination 35
of whether the employee has criminal charges pending against him 36
or her for a crime listed in paragraph (a) of subsection 1 or has been 37
convicted of a crime listed in paragraph (a) of subsection 1. 38
6. A person who is required to submit to an investigation 39
required pursuant to this section shall not have contact with a child 40
without supervision in a public or private institution or agency to 41
which a juvenile court commits a child, including, without 42
limitation, a facility for the detention of children, before the 43
investigation of the background and personal history of the person 44
has been conducted. 45
– 10 –
- *AB35*
7. The public institution or agency or the licensing authority, as 1
applicable, shall conduct an investigation of each employee of the 2
institution or agency pursuant to this section at least once every 5 3
years after the initial investigation. 4
8. For the purposes of this section, the period during which 5
criminal charges are pending against an employee for a crime listed 6
in paragraph (a) of subsection 1 begins when the employee is 7
arrested for such a crime and ends when: 8
(a) A determination is made as to the guilt or innocence of the 9
employee with regard to such a crime at a trial or by a plea; or 10
(b) The prosecuting attorney makes a determination to: 11
(1) Decline charging the employee with a crime listed in 12
paragraph (a) of subsection 1; or 13
(2) Proceed with charges against the employee for only one 14
or more crimes not listed in paragraph (a) of subsection 1. 15
Sec. 9. NRS 62C.120 is hereby amended to read as follows: 16
62C.120 1. If a petition filed pursuant to the provisions of 17
this title contains allegations that a child committed an unlawful act 18
which would have been a sexual offense if committed by an adult or 19
which involved the use or threatened use of force or violence against 20
the victim, the district attorney shall provide to the victim and, if the 21
victim is less than 18 years of age, to the parent or guardian of the 22
victim, as soon as practicable after the petition is filed, 23
documentation that includes: 24
(a) A form advising the victim and the parent or guardian of the 25
victim of their rights pursuant to the provisions of this title; and 26
(b) The form or procedure that must be used to request 27
disclosure pursuant to NRS 62D.440. 28
2. As used in this section, “sexual offense” means: 29
(a) Sexual assault pursuant to NRS 200.366; 30
(b) Battery with intent to commit sexual assault pursuant to 31
NRS 200.400; 32
(c) An offense involving [pornography and a minor] child 33
sexual abuse material pursuant to NRS 200.710 to 200.730, 34
inclusive [;] , and section 1 of this act; 35
(d) Open or gross lewdness pursuant to NRS 201.210; 36
(e) Indecent or obscene exposure pursuant to NRS 201.220; 37
(f) Lewdness with a child pursuant to NRS 201.230; 38
(g) Sexual penetration of a dead human body pursuant to 39
NRS 201.450; 40
(h) Luring a child or person with mental illness pursuant to NRS 41
201.560, if punishable as a felony; or 42
(i) An attempt to commit an offense listed in this subsection. 43
– 11 –
- *AB35*
Sec. 10. NRS 62F.100 is hereby amended to read as follows: 1
62F.100 As used in NRS 62F.100 to 62F.150, inclusive, unless 2
the context otherwise requires, “sexual offense” means: 3
1. Sexual assault pursuant to NRS 200.366; 4
2. Battery with intent to commit sexual assault pursuant to 5
NRS 200.400; 6
3. An offense involving [pornography and a minor] child 7
sexual abuse material pursuant to NRS 200.710 to 200.730, 8
inclusive [;] , and section 1 of this act; 9
4. Open or gross lewdness pursuant to NRS 201.210, if 10
punishable as a felony; 11
5. Indecent or obscene exposure pursuant to NRS 201.220, if 12
punishable as a felony; 13
6. Lewdness with a child pursuant to NRS 201.230; 14
7. Sexual penetration of a dead human body pursuant to 15
NRS 201.450; 16
8. Luring a child or person with mental illness pursuant to NRS 17
201.560, if punishable as a felony; or 18
9. An attempt to commit an offense listed in this section, if 19
punishable as a felony. 20
Sec. 11. NRS 62F.225 is hereby amended to read as follows: 21
62F.225 1. “Sexual offense” means: 22
(a) Sexual assault pursuant to NRS 200.366; 23
(b) An offense involving [pornography and a minor] child 24
sexual abuse material pursuant to NRS 200.710 to 200.730, 25
inclusive [;] , and section 1 of this act; 26
(c) Lewdness with a child pursuant to NRS 201.230; 27
(d) An attempt or conspiracy to commit an offense listed in 28
paragraph (a), (b) or (c), if punishable as a felony; 29
(e) An offense that is determined to be sexually motivated 30
pursuant to NRS 175.547 or 207.193; or 31
(f) An aggravated sexual offense. 32
2. The term does not include an offense involving consensual 33
sexual conduct if the victim was: 34
(a) An adult, unless the adult was under the custodial authority 35
of the offender at the time of the offense; or 36
(b) At least 13 years of age and the offender was not more than 37
4 years older than the victim at the time of the commission of the 38
offense. 39
Sec. 12. NRS 62G.223 is hereby amended to read as follows: 40
62G.223 1. A department of juvenile justice services shall 41
secure from appropriate law enforcement agencies information on 42
the background and personal history of each applicant for 43
employment with the department of juvenile justice services, and 44
– 12 –
- *AB35*
each employee of the department of juvenile justice services, to 1
determine: 2
(a) Whether the applicant or employee has been convicted of: 3
(1) Murder, voluntary manslaughter, involuntary 4
manslaughter or mayhem; 5
(2) Any felony involving the use or threatened use of force or 6
violence or the use of a firearm or other deadly weapon; 7
(3) Assault with intent to kill or to commit sexual assault or 8
mayhem; 9
(4) Battery which results in substantial bodily harm to the 10
victim; 11
(5) Battery that constitutes domestic violence that is 12
punishable as a felony; 13
(6) Battery that constitutes domestic violence, other than a 14
battery described in subparagraph (5), within the immediately 15
preceding 3 years; 16
(7) Sexual assault, statutory sexual seduction, incest, 17
lewdness, indecent exposure or an offense involving [pornography 18
and a minor;] child sexual abuse material; 19
(8) A crime involving pandering or prostitution, including, 20
without limitation, a violation of any provision of NRS 201.295 to 21
201.440, inclusive; 22
(9) Abuse or neglect of a child, including, without limitation, 23
a violation of any provision of NRS 200.508 or 200.5083 or 24
contributory delinquency; 25
(10) A violation of any federal or state law regulating the 26
possession, distribution or use of any controlled substance or any 27
dangerous drug as defined in chapter 454 of NRS; 28
(11) A violation of any federal or state law prohibiting 29
driving or being in actual physical control of a vehicle while under 30
the influence of intoxicating liquor or a controlled substance that is 31
punishable as a felony; 32
(12) A violation of any federal or state law prohibiting 33
driving or being in actual physical control of a vehicle while under 34
the influence of intoxicating liquor or a controlled substance, other 35
than a violation described in subparagraph (11), within the 36
immediately preceding 3 years; 37
(13) Abuse, neglect, exploitation, isolation or abandonment 38
of older persons or vulnerable persons, including, without 39
limitation, a violation of any provision of NRS 200.5091 to 40
200.50995, inclusive, or a law of any other jurisdiction that 41
prohibits the same or similar conduct; or 42
(14) Any offense involving arson, fraud, theft, 43
embezzlement, burglary, robbery, fraudulent conversion, 44
– 13 –
- *AB35*
misappropriation of property or perjury within the immediately 1
preceding 7 years; or 2
(b) Whether there are criminal charges pending against the 3
applicant or employee for a violation of an offense listed in 4
paragraph (a). 5
2. A department of juvenile justice services shall request 6
information from: 7
(a) The Statewide Central Registry concerning an applicant for 8
employment with the department of juvenile justice services, or an 9
employee of the department of juvenile justice services, to 10
determine whether there has been a substantiated report of child 11
abuse or neglect made against the applicant or employee; and 12
(b) The central registry of information concerning the abuse or 13
neglect of a child established by any other state in which the 14
applicant or employee resided within the immediately preceding 5 15
years to ensure satisfactory clearance with that registry. 16
3. Each applicant for employment with the department of 17
juvenile justice services, and each employee of the department of 18
juvenile justice services, must submit to the department of juvenile 19
justice services: 20
(a) A complete set of his or her fingerprints and written 21
authorization to forward those fingerprints to the Central Repository 22
for Nevada Records of Criminal History for submission to the 23
Federal Bureau of Investigation for its report; and 24
(b) Written authorization for the department of juvenile justice 25
services to obtain any information that may be available from the 26
Statewide Central Registry or the central registry of information 27
concerning the abuse or neglect of a child established by any other 28
state in which the applicant or employee resided within the 29
immediately preceding 5 years. 30
4. The department of juvenile justice services may exchange 31
with the Central Repository or the Federal Bureau of Investigation 32
any information concerning the fingerprints submitted pursuant to 33
this section. 34
5. When a report from the Federal Bureau of Investigation is 35
received by the Central Repository, the Central Repository shall 36
immediately forward a copy of the report to the department of 37
juvenile justice services for a determination of whether the applicant 38
or employee has criminal charges pending against him or her for a 39
crime listed in paragraph (a) of subsection 1 or has been convicted 40
of a crime listed in paragraph (a) of subsection 1. 41
6. A department of juvenile justice services shall conduct an 42
investigation of each employee of the department pursuant to this 43
section at least once every 5 years after the initial investigation. 44
– 14 –
- *AB35*
7. As used in this section, “Statewide Central Registry” means 1
the Statewide Central Registry for the Collection of Information 2
Concerning the Abuse or Neglect of a Child established by 3
NRS 432.100. 4
Sec. 13. NRS 62G.353 is hereby amended to read as follows: 5
62G.353 1. A department of juvenile justice services shall 6
secure from appropriate law enforcement agencies information on 7
the background and personal history of each applicant for 8
employment with the department of juvenile justice services, and 9
each employee of the department of juvenile justice services, to 10
determine: 11
(a) Whether the applicant or employee has been convicted of: 12
(1) Murder, voluntary manslaughter, involuntary 13
manslaughter or mayhem; 14
(2) Any felony involving the use or threatened use of force or 15
violence or the use of a firearm or other deadly weapon; 16
(3) Assault with intent to kill or to commit sexual assault or 17
mayhem; 18
(4) Battery which results in substantial bodily harm to the 19
victim; 20
(5) Battery that constitutes domestic violence that is 21
punishable as a felony; 22
(6) Battery that constitutes domestic violence, other than a 23
battery described in subparagraph (5), within the immediately 24
preceding 3 years; 25
(7) Sexual assault, statutory sexual seduction, incest, 26
lewdness, indecent exposure or an offense involving [pornography 27
and a minor;] child sexual abuse material; 28
(8) A crime involving pandering or prostitution, including, 29
without limitation, a violation of any provision of NRS 201.295 to 30
201.440, inclusive; 31
(9) Abuse or neglect of a child, including, without limitation, 32
a violation of any provision of NRS 200.508 or 200.5083 or 33
contributory delinquency; 34
(10) A violation of any federal or state law regulating the 35
possession, distribution or use of any controlled substance or any 36
dangerous drug as defined in chapter 454 of NRS; 37
(11) A violation of any federal or state law prohibiting 38
driving or being in actual physical control of a vehicle while under 39
the influence of intoxicating liquor or a controlled substance that is 40
punishable as a felony; 41
(12) A violation of any federal or state law prohibiting 42
driving or being in actual physical control of a vehicle while under 43
the influence of intoxicating liquor or a controlled substance, other 44
– 15 –
- *AB35*
than a violation described in subparagraph (11), within the 1
immediately preceding 3 years; 2
(13) Abuse, neglect, exploitation, isolation or abandonment 3
of older persons or vulnerable persons, including, without 4
limitation, a violation of any provision of NRS 200.5091 to 5
200.50995, inclusive, or a law of any other jurisdiction that 6
prohibits the same or similar conduct; or 7
(14) Any offense involving arson, fraud, theft, 8
embezzlement, burglary, robbery, fraudulent conversion, 9
misappropriation of property or perjury within the immediately 10
preceding 7 years; or 11
(b) Whether there are criminal charges pending against the 12
applicant or employee for a violation of an offense listed in 13
paragraph (a). 14
2. A department of juvenile justice services shall request 15
information from: 16
(a) The Statewide Central Registry concerning an applicant for 17
employment with the department of juvenile justice services, or an 18
employee of the department of juvenile justice services, to 19
determine whether there has been a substantiated report of child 20
abuse or neglect made against the applicant or employee; and 21
(b) The central registry of information concerning the abuse or 22
neglect of a child established by any other state in which the 23
applicant or employee resided within the immediately preceding 5 24
years to ensure satisfactory clearance with that registry. 25
3. Each applicant for employment with the department of 26
juvenile justice services, and each employee of the department of 27
juvenile justice services, must submit to the department of juvenile 28
justice services: 29
(a) A complete set of his or her fingerprints and written 30
authorization to forward those fingerprints to the Central Repository 31
for Nevada Records of Criminal History for submission to the 32
Federal Bureau of Investigation for its report; and 33
(b) Written authorization for the department of juvenile justice 34
services to obtain any information that may be available from the 35
Statewide Central Registry or the central registry of information 36
concerning the abuse or neglect of a child established by any other 37
state in which the applicant or employee resided within the 38
immediately preceding 5 years. 39
4. The department of juvenile justice services may exchange 40
with the Central Repository or the Federal Bureau of Investigation 41
any information concerning the fingerprints submitted pursuant to 42
this section. 43
5. When a report from the Federal Bureau of Investigation is 44
received by the Central Repository, the Central Repository shall 45
– 16 –
- *AB35*
immediately forward a copy of the report to the department of 1
juvenile justice services for a determination of whether the applicant 2
or employee has criminal charges pending against him or her for a 3
crime listed in paragraph (a) of subsection 1 or has been convicted 4
of a crime listed in paragraph (a) of subsection 1. 5
6. A department of juvenile justice services shall conduct an 6
investigation of each employee of the department pursuant to this 7
section at least once every 5 years after the initial investigation. 8
7. As used in this section, “Statewide Central Registry” means 9
the Statewide Central Registry for the Collection of Information 10
Concerning the Abuse or Neglect of a Child established by 11
NRS 432.100. 12
Sec. 14. NRS 62H.010 is hereby amended to read as follows: 13
62H.010 1. The fingerprints of a child must be taken if the 14
child is in custody for an unlawful act that, if committed by an adult, 15
would have been: 16
(a) A felony, gross misdemeanor or sexual offense; or 17
(b) A misdemeanor and the unlawful act involved: 18
(1) The use or threatened use of force or violence against the 19
victim; or 20
(2) The possession, use or threatened use of a firearm or a 21
deadly weapon. 22
2. The fingerprints of a child who is in custody but who is not 23
subject to the provisions of subsection 1 may be taken if a law 24
enforcement officer finds latent fingerprints during the investigation 25
of an offense and the officer has reason to believe that the latent 26
fingerprints are those of the child. The officer shall use the 27
fingerprints taken from the child to make an immediate comparison 28
with the latent fingerprints. If the comparison is: 29
(a) Negative, the fingerprint card and other copies of the 30
fingerprints taken may be immediately destroyed or may be retained 31
for future use. 32
(b) Positive, the fingerprint card and other copies of the 33
fingerprints: 34
(1) Must be delivered to the juvenile court for disposition if 35
the child is referred to the juvenile court. 36
(2) May be immediately destroyed or may be retained for 37
future use if the child is not referred to the juvenile court. 38
3. Fingerprints that are taken from a child pursuant to the 39
provisions of this section: 40
(a) May be retained in a local file or a local system for the 41
automatic retrieval of fingerprints if they are retained under special 42
security measures that limit inspection of the fingerprints to law 43
enforcement officers who are conducting criminal investigations. If 44
the child from whom the fingerprints are taken subsequently is not 45
– 17 –
- *AB35*
adjudicated delinquent, the parent or guardian of the child or, when 1
the child becomes at least 18 years of age, the child may petition the 2
juvenile court for the removal of the fingerprints from any local file 3
or local system. 4
(b) Must be submitted to the Central Repository if the child is 5
adjudicated delinquent for an unlawful act that would have been a 6
felony or a sexual offense if committed by an adult, and may be 7
submitted to the Central Repository for any other act. Any such 8
fingerprints submitted to the Central Repository must be submitted 9
with a description of the child and the unlawful act, if any, that the 10
child committed. The Central Repository shall retain the fingerprints 11
and information of the child under special security measures that 12
limit inspection of the fingerprints and the information to: 13
(1) Law enforcement officers who are conducting criminal 14
investigations; and 15
(2) Officers and employees of the Central Repository who 16
are assisting law enforcement officers with criminal investigations 17
or who are conducting research or performing a statistical analysis. 18
(c) Must not be submitted to the Federal Bureau of Investigation 19
unless the child is adjudicated delinquent for an unlawful act that 20
would have been a felony or a sexual offense if committed by an 21
adult. 22
4. A child who is in custody must be photographed for the 23
purpose of identification. Except as otherwise provided in this 24
subsection, the photographs of the child must be kept in the file 25
pertaining to the child under special security measures which 26
provide that the photographs may be inspected only to conduct 27
criminal investigations and photographic lineups. If the juvenile 28
court subsequently determines that the child is not delinquent, the 29
juvenile court shall order the photographs to be destroyed. 30
5. Any person who willfully violates any provision of this 31
section is guilty of a misdemeanor. 32
6. As used in this section, “sexual offense” means: 33
(a) Sexual assault pursuant to NRS 200.366; 34
(b) Statutory sexual seduction pursuant to NRS 200.368; 35
(c) Battery with intent to commit sexual assault pursuant to 36
NRS 200.400; 37
(d) An offense involving [pornography and a minor] child 38
sexual abuse material pursuant to NRS 200.710 to 200.730, 39
inclusive [;] , and section 1 of this act; 40
(e) Incest pursuant to NRS 201.180; 41
(f) Open or gross lewdness pursuant to NRS 201.210; 42
(g) Indecent or obscene exposure pursuant to NRS 201.220; 43
(h) Lewdness with a child pursuant to NRS 201.230; 44
– 18 –
- *AB35*
(i) Sexual penetration of a dead human body pursuant to 1
NRS 201.450; 2
(j) Luring a child or person with mental illness pursuant to NRS 3
201.560, if punishable as a felony; 4
(k) An attempt to commit an offense listed in paragraphs (a) to 5
(j), inclusive; or 6
(l) An offense that is determined to be sexually motivated 7
pursuant to NRS 175.547. 8
Sec. 15. NRS 62H.220 is hereby amended to read as follows: 9
62H.220 1. For each child adjudicated delinquent for an 10
unlawful act that would have been a sexual offense if committed by 11
an adult, the Division of Child and Family Services shall collect 12
from the juvenile courts, local juvenile probation departments and 13
the staff of the youth correctional services, as directed by the 14
Department of Health and Human Services: 15
(a) The information listed in NRS 62H.210; 16
(b) The name of the child; and 17
(c) All information concerning programs of treatment in which 18
the child participated that: 19
(1) Were directly related to the delinquent act committed by 20
the child; or 21
(2) Were designed or utilized to prevent the commission of 22
another such act by the child in the future. 23
2. The Division of Child and Family Services shall provide the 24
information collected pursuant to subsection 1 to the Director of the 25
Department of Health and Human Services for use in the program 26
established pursuant to NRS 62H.300, 62H.310 and 62H.320. 27
3. Except as otherwise provided in NRS 239.0115, all 28
information containing the name of the child and all information 29
relating to programs of treatment in which the child participated is 30
confidential and must not be used for a purpose other than that 31
provided for in this section and NRS 62H.320. 32
4. As used in this section, “sexual offense” means: 33
(a) Sexual assault pursuant to NRS 200.366; 34
(b) Statutory sexual seduction pursuant to NRS 200.368; 35
(c) Battery with intent to commit sexual assault pursuant to 36
NRS 200.400; 37
(d) An offense involving [pornography and a minor] child 38
sexual abuse material pursuant to NRS 200.710 to 200.730, 39
inclusive [;] , and section 1 of this act; 40
(e) Incest pursuant to NRS 201.180; 41
(f) Open or gross lewdness pursuant to NRS 201.210; 42
(g) Indecent or obscene exposure pursuant to NRS 201.220; 43
(h) Lewdness with a child pursuant to NRS 201.230; 44
– 19 –
- *AB35*
(i) Sexual penetration of a dead human body pursuant to 1
NRS 201.450; 2
(j) Luring a child using a computer, system or network pursuant 3
to NRS 201.560, if punished as a felony; 4
(k) Annoyance or molestation of a minor pursuant to 5
NRS 207.260; 6
(l) An attempt to commit an offense listed in paragraphs (a) to 7
(k), inclusive; 8
(m) An offense that is determined to be sexually motivated 9
pursuant to NRS 175.547; or 10
(n) An offense committed in another jurisdiction that, if 11
committed in this State, would have been an offense listed in this 12
subsection. 13
Sec. 16. NRS 62H.310 is hereby amended to read as follows: 14
62H.310 As used in this section and NRS 62H.300 and 15
62H.320: 16
1. “Juvenile sex offender” means a child adjudicated 17
delinquent for an act that, if committed by an adult, would be a 18
sexual offense. 19
2. “Sexual offense” means: 20
(a) Sexual assault pursuant to NRS 200.366; 21
(b) Statutory sexual seduction pursuant to NRS 200.368; 22
(c) Battery with intent to commit sexual assault pursuant to 23
NRS 200.400; 24
(d) An offense involving [pornography and a minor] child 25
sexual abuse material pursuant to NRS 200.710 to 200.730, 26
inclusive [;] , and section 1 of this act; 27
(e) Incest pursuant to NRS 201.180; 28
(f) Open or gross lewdness pursuant to NRS 201.210; 29
(g) Indecent or obscene exposure pursuant to NRS 201.220; 30
(h) Lewdness with a child pursuant to NRS 201.230; 31
(i) Sexual penetration of a dead human body pursuant to 32
NRS 201.450; 33
(j) Luring a child or a person with mental illness pursuant to 34
NRS 201.560, if punished as a felony; 35
(k) An attempt to commit an offense listed in paragraphs (a) to 36
(j), inclusive; 37
(l) An offense that is determined to be sexually motivated 38
pursuant to NRS 175.547; or 39
(m) An offense committed in another jurisdiction that, if 40
committed in this State, would be an offense listed in this 41
subsection. 42
Sec. 17. NRS 127.1869 is hereby amended to read as follows: 43
127.1869 1. If the court determines that tribal customary 44
adoption is in the best interests, as described in NRS 125E.230, of a 45
– 20 –
- *AB35*
ward who is an Indian child and the Indian child’s tribe consents to 1
the tribal customary adoption: 2
(a) The appropriate agency which provides child welfare 3
services shall provide the Indian child’s tribe and proposed tribal 4
customary adoptive parents with a written report on the Indian child, 5
including, without limitation, to the extent not otherwise prohibited 6
by state or federal law, the medical background, if known, of the 7
Indian child’s parents, and the Indian child’s educational 8
information, developmental history and medical background, 9
including all known diagnostic information, current medical reports 10
and any psychological evaluations. 11
(b) The court shall accept a tribal customary adoptive home 12
study conducted by the Indian child’s tribe if the home study: 13
(1) Includes federal criminal background checks, including 14
reports of child abuse, that meet the standards applicable under the 15
laws of this State for all other proposed adoptive placements; 16
(2) Uses the prevailing social and cultural standards of the 17
Indian child’s tribe as the standards for evaluation of the proposed 18
adoptive placement; 19
(3) Includes an evaluation of the background, safety and 20
health information of the proposed adoptive placement, including 21
the biological, psychological and social factors of the proposed 22
adoptive placement and assessment of the commitment, capability 23
and suitability of the proposed adoptive placement to meet the 24
Indian child’s needs; and 25
(4) Except where the proposed adoptive placement is the 26
Indian child’s current foster care placement, is completed before the 27
placement of the Indian child in the proposed adoptive placement. 28
(c) Notwithstanding subsection 2, the court may not accept the 29
tribe’s order or judgment of tribal customary adoption if any adult 30
living in the proposed adoptive placement has a felony conviction 31
for child abuse or neglect, spousal abuse, crimes against a child, 32
including child [pornography,] sexual abuse material, or a crime 33
involving violence. The Division shall, by regulation, define “crime 34
involving violence” for the purposes of this paragraph. The 35
definition must include rape, sexual assault and homicide, but must 36
not include other physical assault or battery. 37
2. The court shall accept an order or judgment for tribal 38
customary adoption that is filed by the Indian child’s tribe if: 39
(a) The court determines that tribal customary adoption is an 40
appropriate permanent placement option for the Indian child; 41
(b) The court finds that the tribal customary adoption is in the 42
Indian child’s best interests, as described in NRS 125E.230; and 43
(c) The order or judgment: 44
– 21 –
- *AB35*
(1) Includes a description of the modification of the legal 1
relationship of the Indian child’s parents or Indian custodian and the 2
Indian child, including any contact between the Indian child and 3
the Indian child’s parents or Indian custodian, responsibilities of the 4
Indian child’s parents or Indian custodian and the rights of 5
inheritance of the parents and Indian child; 6
(2) Includes a description of the Indian child’s legal 7
relationship with the tribe; and 8
(3) Does not include any child support obligation from the 9
Indian child’s parents or Indian custodian. 10
The court shall afford full faith and credit to a tribal customary 11
adoption order or judgment that is accepted under this subsection. 12
3. A tribal customary adoptive parent is not required to file a 13
petition for adoption when the court accepts a tribal customary 14
adoption order or judgment under subsection 2. The clerk of the 15
court may not charge or collect a fee for a proceeding under this 16
subsection. 17
4. After accepting a tribal customary adoption order or 18
judgment under subsection 2, the court that accepted the order or 19
judgment shall proceed as provided in NRS 127.150 and enter an 20
order or decree of adoption. In addition to the requirements under 21
NRS 127.151, the order or decree of adoption must include a 22
statement that any parental rights or obligations not specified in the 23
order or decree are transferred to the tribal customary adoptive 24
parents and a description of any parental rights or duties retained by 25
the Indian child’s parents, the rights of inheritance of the parents 26
and Indian child and the Indian child’s legal relationship with the 27
child’s tribe. 28
5. A tribal customary adoption under this section does not 29
require the consent of the Indian child or the child’s parents. 30
6. Upon the court’s entry of an order or decree of adoption 31
under this section, the court’s jurisdiction over the Indian child 32
terminates. 33
7. Any parental rights or obligations not specifically retained 34
by the Indian child’s parents in the order or decree of adoption are 35
conclusively presumed to transfer to the tribal customary adoptive 36
parents. 37
8. This section remains operative only to the extent that 38
compliance with the provisions of this section do not conflict with 39
federal law as a condition of receiving funding under Title IV-E of 40
the Social Security Act, 42 U.S.C. §§ [601] 670 et seq. 41
9. The Division shall adopt regulations requiring that any 42
report regarding a ward who is an Indian child that an agency which 43
provides child welfare services submits to the court, including any 44
home studies, placement reports or other reports required by law 45
– 22 –
- *AB35*
must address tribal customary adoption as a permanency option. The 1
Supreme Court may adopt rules necessary for the court processes to 2
implement the provisions of this section, and the Court 3
Administrator may prepare necessary forms for the implementation 4
of this section. 5
10. As used in this section, “tribal customary adoption” means 6
the adoption of an Indian child, by and through the tribal custom, 7
traditions or law of the child’s tribe, and which may be effected 8
without the termination of parental rights. 9
Sec. 18. NRS 176.133 is hereby amended to read as follows: 10
176.133 As used in NRS 176.133 to 176.161, inclusive, unless 11
the context otherwise requires: 12
1. “Person professionally qualified to conduct psychosexual 13
evaluations” means a person who has received training in 14
conducting psychosexual evaluations and is: 15
(a) A psychiatrist licensed to practice medicine in this State and 16
certified by the American Board of Psychiatry and Neurology, Inc.; 17
(b) A psychologist licensed to practice in this State; 18
(c) A social worker holding a master’s degree in social work and 19
licensed in this State as a clinical social worker; 20
(d) A registered nurse holding a master’s degree in the field of 21
psychiatric nursing and licensed to practice professional nursing in 22
this State; 23
(e) A marriage and family therapist licensed in this State 24
pursuant to chapter 641A of NRS; or 25
(f) A clinical professional counselor licensed in this State 26
pursuant to chapter 641A of NRS. 27
2. “Psychosexual evaluation” means an evaluation conducted 28
pursuant to NRS 176.139. 29
3. “Sexual offense” means: 30
(a) Sexual assault pursuant to NRS 200.366; 31
(b) Statutory sexual seduction pursuant to NRS 200.368, if 32
punished as a felony; 33
(c) Battery with intent to commit sexual assault pursuant to 34
NRS 200.400; 35
(d) Abuse of a child pursuant to NRS 200.508, if the abuse 36
involved sexual abuse or sexual exploitation and is punished as a 37
felony; 38
(e) An offense involving [pornography and a minor] child 39
sexual abuse material pursuant to NRS 200.710 to 200.730, 40
inclusive [;] , and section 1 of this act; 41
(f) Fertility fraud pursuant to paragraph (a) of subsection 1 of 42
NRS 200.975; 43
(g) Incest pursuant to NRS 201.180; 44
– 23 –
- *AB35*
(h) Open or gross lewdness pursuant to NRS 201.210, if 1
punished as a felony; 2
(i) Indecent or obscene exposure pursuant to NRS 201.220, if 3
punished as a felony; 4
(j) Lewdness with a child pursuant to NRS 201.230; 5
(k) Soliciting a child for prostitution pursuant to NRS 201.354; 6
(l) Sexual penetration of a dead human body pursuant to 7
NRS 201.450; 8
(m) Sexual conduct between certain employees of a school or 9
volunteers at a school and a pupil pursuant to NRS 201.540; 10
(n) Sexual conduct between certain employees of a college or 11
university and a student pursuant to NRS 201.550; 12
(o) Luring a child or a person with mental illness pursuant to 13
NRS 201.560, if punished as a felony; 14
(p) An attempt to commit an offense listed in paragraphs (a) to 15
(o), inclusive, if punished as a felony; or 16
(q) An offense that is determined to be sexually motivated 17
pursuant to NRS 175.547 or 207.193. 18
Sec. 19. NRS 176A.110 is hereby amended to read as follows: 19
176A.110 1. The court shall not grant probation to or 20
suspend the sentence of a person convicted of an offense listed in 21
subsection 3 unless: 22
(a) If a psychosexual evaluation of the person is required 23
pursuant to NRS 176.139, the person who conducts the 24
psychosexual evaluation certifies in the report prepared pursuant to 25
NRS 176.139 that the person convicted of the offense does not 26
represent a high risk to reoffend based upon a currently accepted 27
standard of assessment; or 28
(b) If a psychosexual evaluation of the person is not required 29
pursuant to NRS 176.139, a psychologist licensed to practice in this 30
State who is trained to conduct psychosexual evaluations or a 31
psychiatrist licensed to practice medicine in this State who is 32
certified by the American Board of Psychiatry and Neurology, Inc., 33
and is trained to conduct psychosexual evaluations certifies in a 34
written report to the court that the person convicted of the offense 35
does not represent a high risk to reoffend based upon a currently 36
accepted standard of assessment. 37
2. This section does not create a right in any person to be 38
certified or to continue to be certified. No person may bring a cause 39
of action against the State, its political subdivisions, or the agencies, 40
boards, commissions, departments, officers or employees of the 41
State or its political subdivisions for not certifying a person pursuant 42
to this section or for refusing to consider a person for certification 43
pursuant to this section. 44
– 24 –
- *AB35*
3. The provisions of this section apply to a person convicted of 1
any of the following offenses: 2
(a) Attempted sexual assault of a person who is 16 years of age 3
or older pursuant to NRS 200.366. 4
(b) Statutory sexual seduction pursuant to NRS 200.368. 5
(c) Battery with intent to commit sexual assault pursuant to 6
NRS 200.400. 7
(d) Abuse or neglect of a child pursuant to NRS 200.508. 8
(e) An offense involving [pornography and a minor] child 9
sexual abuse material pursuant to NRS 200.710 to 200.730, 10
inclusive [.] , and section 1 of this act. 11
(f) Fertility fraud pursuant to paragraph (a) of subsection 1 of 12
NRS 200.975. 13
(g) Incest pursuant to NRS 201.180. 14
(h) Open or gross lewdness pursuant to NRS 201.210. 15
(i) Indecent or obscene exposure pursuant to NRS 201.220. 16
(j) Soliciting a child for prostitution pursuant to NRS 201.354. 17
(k) Sexual penetration of a dead human body pursuant to 18
NRS 201.450. 19
(l) Sexual conduct between certain employees of a school or 20
volunteers at a school and a pupil pursuant to NRS 201.540. 21
(m) Sexual conduct between certain employees of a college or 22
university and a student pursuant to NRS 201.550. 23
(n) Luring a child or a person with mental illness pursuant to 24
NRS 201.560, if punished as a felony. 25
(o) A violation of NRS 207.180. 26
(p) An attempt to commit an offense listed in paragraphs (b) to 27
(o), inclusive. 28
(q) Coercion or attempted coercion that is determined to be 29
sexually motivated pursuant to NRS 207.193. 30
Sec. 20. NRS 176A.413 is hereby amended to read as follows: 31
176A.413 1. Except as otherwise provided in subsection 2, if 32
a defendant is convicted of stalking with the use of an Internet or 33
network site, electronic mail, text messaging or any other similar 34
means of communication pursuant to subsection 4 of NRS 200.575, 35
an offense involving [pornography and a minor] child sexual abuse 36
material pursuant to NRS 200.710 to 200.730, inclusive, and 37
section 1 of this act, luring a child or a person with mental illness 38
through the use of a computer, system or network pursuant to 39
paragraph (a) or (b) of subsection 4 of NRS 201.560 or a violation 40
of NRS 201.553 which involved the use of an electronic 41
communication device and the court grants probation or suspends 42
the sentence, the court shall, in addition to any other condition 43
ordered pursuant to NRS 176A.400, order as a condition of 44
probation or suspension that the defendant not own or use a 45
– 25 –
- *AB35*
computer, including, without limitation, use electronic mail, a chat 1
room or the Internet. 2
2. The court is not required to impose a condition of probation 3
or suspension of sentence set forth in subsection 1 if the court finds 4
that: 5
(a) The use of a computer by the defendant will assist a law 6
enforcement agency or officer in a criminal investigation; 7
(b) The defendant will use the computer to provide 8
technological training concerning technology of which the 9
defendant has a unique knowledge; or 10
(c) The use of the computer by the defendant will assist 11
companies that require the use of the specific technological 12
knowledge of the defendant that is unique and is otherwise 13
unavailable to the company. 14
3. Except as otherwise provided in subsection 1, if a defendant 15
is convicted of an offense that involved the use of a computer, 16
system or network and the court grants probation or suspends the 17
sentence, the court may, in addition to any other condition ordered 18
pursuant to NRS 176A.400, order as a condition of probation or 19
suspension that the defendant not own or use a computer, including, 20
without limitation, use electronic mail, a chat room or the Internet. 21
4. As used in this section: 22
(a) “Computer” has the meaning ascribed to it in NRS 205.4735 23
and includes, without limitation, an electronic communication 24
device. 25
(b) “Electronic communication device” has the meaning 26
ascribed to it in NRS 200.737. 27
(c) “Network” has the meaning ascribed to it in NRS 205.4745. 28
(d) “System” has the meaning ascribed to it in NRS 205.476. 29
(e) “Text messaging” has the meaning ascribed to it in 30
NRS 200.575. 31
Sec. 21. NRS 178.5698 is hereby amended to read as follows: 32
178.5698 1. The prosecuting attorney, sheriff or chief of 33
police shall, upon the request of a victim or witness, inform the 34
victim or witness: 35
(a) When the defendant is released from custody at any time 36
before or during the trial, including, without limitation, when the 37
defendant is released pending trial or subject to electronic 38
supervision; 39
(b) If the defendant is so released, the amount of bail required, if 40
any; and 41
(c) Of the final disposition of the criminal case in which the 42
victim or witness was directly involved. 43
2. A request for information pursuant to subsection 1 must be 44
made: 45
– 26 –
- *AB35*
(a) In writing; or 1
(b) By telephone through an automated or computerized system 2
of notification, if such a system is available. 3
3. If an offender is convicted of a sexual offense or an offense 4
involving the use or threatened use of force or violence against the 5
victim, the court shall provide: 6
(a) To each witness, documentation that includes: 7
(1) A form advising the witness of the right to be notified 8
pursuant to subsection 5; 9
(2) The form that the witness must use to request notification 10
in writing; and 11
(3) The form or procedure that the witness must use to 12
provide a change of address after a request for notification has been 13
submitted. 14
(b) To each person listed in subsection 4, documentation that 15
includes: 16
(1) A form advising the person of the right to be notified 17
pursuant to subsection 5 or 6 and NRS 176.015, 176A.630, 18
178.4715, 209.392, 209.3923, 209.3925, 209.429, 209.521, 213.010, 19
213.040, 213.095 and 213.131 or NRS 213.10915; 20
(2) The forms that the person must use to request 21
notification; and 22
(3) The forms or procedures that the person must use to 23
provide a change of address after a request for notification has been 24
submitted. 25
4. The following persons are entitled to receive documentation 26
pursuant to paragraph (b) of subsection 3: 27
(a) A person against whom the offense is committed. 28
(b) A person who is injured as a direct result of the commission 29
of the offense. 30
(c) If a person listed in paragraph (a) or (b) is under the age of 31
18 years, each parent or guardian who is not the offender. 32
(d) Each surviving spouse, parent and child of a person who is 33
killed as a direct result of the commission of the offense. 34
(e) A relative of a person listed in paragraphs (a) to (d), 35
inclusive, if the relative requests in writing to be provided with the 36
documentation. 37
5. Except as otherwise provided in subsection 6, if the offense 38
was a felony and the offender is imprisoned, the warden of the 39
prison shall, if the victim or witness so requests in writing and 40
provides a current address, notify the victim or witness at that 41
address when the offender is released from the prison. 42
6. If the offender was convicted of a violation of subsection 3 43
of NRS 200.366 or a violation of subsection 1, paragraph (a) of 44
– 27 –
- *AB35*
subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of 1
NRS 200.508, the warden of the prison shall notify: 2
(a) The immediate family of the victim if the immediate family 3
provides their current address; 4
(b) Any member of the victim’s family related within the third 5
degree of consanguinity, if the member of the victim’s family so 6
requests in writing and provides a current address; and 7
(c) The victim, if the victim will be 18 years of age or older at 8
the time of the release and has provided a current address, 9
before the offender is released from prison. 10
7. The warden must not be held responsible for any injury 11
proximately caused by the failure to give any notice required 12
pursuant to this section if no address was provided to the warden or 13
if the address provided is inaccurate or not current. 14
8. As used in this section: 15
(a) “Immediate family” means any adult relative of the victim 16
living in the victim’s household. 17
(b) “Sexual offense” means: 18
(1) Sexual assault pursuant to NRS 200.366; 19
(2) Statutory sexual seduction pursuant to NRS 200.368; 20
(3) Battery with intent to commit sexual assault pursuant to 21
NRS 200.400; 22
(4) An offense involving [pornography and a minor] child 23
sexual abuse material pursuant to NRS 200.710 to 200.730, 24
inclusive [;] , and section 1 of this act; 25
(5) Fertility fraud pursuant to paragraph (a) of subsection 1 26
of NRS 200.975; 27
(6) Incest pursuant to NRS 201.180; 28
(7) Open or gross lewdness pursuant to NRS 201.210; 29
(8) Indecent or obscene exposure pursuant to NRS 201.220; 30
(9) Lewdness with a child pursuant to NRS 201.230; 31
(10) Sexual penetration of a dead human body pursuant to 32
NRS 201.450; 33
(11) Sexual conduct between certain employees of a school 34
or volunteers at a school and a pupil pursuant to NRS 201.540; 35
(12) Sexual conduct between certain employees of a college 36
or university and a student pursuant to NRS 201.550; 37
(13) Luring a child or a person with mental illness pursuant 38
to NRS 201.560, if punished as a felony; 39
(14) An offense that, pursuant to a specific statute, is 40
determined to be sexually motivated; or 41
(15) An attempt to commit an offense listed in this 42
paragraph. 43
– 28 –
- *AB35*
Sec. 22. NRS 179.245 is hereby amended to read as follows: 1
179.245 1. Except as otherwise provided in subsection 6 and 2
NRS 176.211, 176A.245, 176A.265, 176A.295, 179.247, 179.259, 3
201.354 and 453.3365, a person may petition the court in which the 4
person was convicted for the sealing of all records relating to a 5
conviction of: 6
(a) A category A felony, a crime of violence or residential 7
burglary pursuant to NRS 205.060 after 10 years from the date of 8
release from actual custody or discharge from parole or probation, 9
whichever occurs later; 10
(b) Except as otherwise provided in paragraphs (a) and (e), a 11
category B, C or D felony after 5 years from the date of release from 12
actual custody or discharge from parole or probation, whichever 13
occurs later; 14
(c) A category E felony after 2 years from the date of release 15
from actual custody or discharge from parole or probation, 16
whichever occurs later; 17
(d) Except as otherwise provided in paragraph (e), any gross 18
misdemeanor after 2 years from the date of release from actual 19
custody or discharge from probation, whichever occurs later; 20
(e) A violation of NRS 422.540 to 422.570, inclusive, a 21
violation of NRS 484C.110 or 484C.120 other than a felony, or a 22
battery which constitutes domestic violence pursuant to NRS 33.018 23
other than a felony, after 7 years from the date of release from actual 24
custody or from the date when the person is no longer under a 25
suspended sentence, whichever occurs later; 26
(f) Except as otherwise provided in paragraph (e), if the offense 27
is punished as a misdemeanor, a battery pursuant to NRS 200.481, 28
harassment pursuant to NRS 200.571, stalking pursuant to NRS 29
200.575 or a violation of a temporary or extended order for 30
protection, after 2 years from the date of release from actual custody 31
or from the date when the person is no longer under a suspended 32
sentence, whichever occurs later; or 33
(g) Any other misdemeanor after 1 year from the date of release 34
from actual custody or from the date when the person is no longer 35
under a suspended sentence, whichever occurs later. 36
2. A petition filed pursuant to subsection 1 must: 37
(a) Be accompanied by the petitioner’s current, verified records 38
received from the Central Repository for Nevada Records of 39
Criminal History; 40
(b) If the petition references NRS 453.3365, include a certificate 41
of acknowledgment or the disposition of the proceedings for the 42
records to be sealed from all agencies of criminal justice which 43
maintain such records; 44
– 29 –
- *AB35*
(c) Include a list of any other public or private agency, company, 1
official or other custodian of records that is reasonably known to the 2
petitioner to have possession of records of the conviction and to 3
whom the order to seal records, if issued, will be directed; 4
(d) Include information that, to the best knowledge and belief of 5
the petitioner, accurately and completely identifies the records to be 6
sealed, including, without limitation, the: 7
(1) Date of birth of the petitioner; 8
(2) Specific conviction to which the records to be sealed 9
pertain; and 10
(3) Date of arrest relating to the specific conviction to which 11
the records to be sealed pertain; and 12
(e) If applicable, include a statement from the petitioner 13
certifying that at the time the crime for which the records to be 14
sealed was committed, the petitioner was being sex trafficked 15
pursuant to NRS 201.300. 16
3. Upon receiving a petition pursuant to this section, the court 17
shall notify the law enforcement agency that arrested the petitioner 18
for the crime and the prosecuting attorney, including, without 19
limitation, the Attorney General, who prosecuted the petitioner for 20
the crime. The prosecuting attorney and any person having relevant 21
evidence may testify and present evidence at any hearing on the 22
petition. 23
4. If the prosecuting agency that prosecuted the petitioner for 24
the crime stipulates to the sealing of the records, the court shall 25
apply the presumption set forth in NRS 179.2445 and seal the 26
records. If the prosecuting agency does not stipulate to the sealing of 27
the records or does not file a written objection within 30 days after 28
receiving notification pursuant to subsection 3 and the court makes 29
the findings set forth in subsection 5, the court may order the sealing 30
of the records in accordance with subsection 5 without a hearing. If 31
the court does not order the sealing of the records or the prosecuting 32
agency files a written objection, a hearing on the petition must be 33
conducted. At the hearing, unless an objecting party presents 34
evidence sufficient to rebut the presumption set forth in NRS 35
179.2445, the court shall apply the presumption and seal the records. 36
5. If the court finds that, in the period prescribed in subsection 37
1, the petitioner has not been charged with any offense for which the 38
charges are pending or convicted of any offense, except for minor 39
moving or standing traffic violations, the court may order sealed all 40
records of the conviction which are in the custody of any agency of 41
criminal justice or any public or private agency, company, official 42
or other custodian of records in the State of Nevada, and may also 43
order all such records of the petitioner returned to the file of the 44
court where the proceeding was commenced from, including, 45
– 30 –
- *AB35*
without limitation, the Federal Bureau of Investigation and all other 1
agencies of criminal justice which maintain such records and which 2
are reasonably known by either the petitioner or the court to have 3
possession of such records. 4
6. A person may not petition the court to seal records relating 5
to a conviction of: 6
(a) A crime against a child; 7
(b) A sexual offense; 8
(c) Invasion of the home with a deadly weapon pursuant to 9
NRS 205.067; 10
(d) A violation of NRS 484C.110 or 484C.120 that is punishable 11
as a felony pursuant to paragraph (c) of subsection 1 of 12
NRS 484C.400; 13
(e) A violation of NRS 484C.430; 14
(f) A homicide resulting from driving or being in actual physical 15
control of a vehicle while under the influence of intoxicating liquor 16
or a controlled substance or resulting from any other conduct 17
prohibited by NRS 484C.110, 484C.130 or 484C.430; 18
(g) A violation of NRS 488.410 that is punishable as a felony 19
pursuant to NRS 488.427; or 20
(h) A violation of NRS 488.420 or 488.425. 21
7. The provisions of paragraph (e) of subsection 1 and 22
paragraph (d) of subsection 6 must not be construed to preclude a 23
person from being able to petition the court to seal records relating 24
to a conviction for a violation of NRS 484C.110 or 484C.120 25
pursuant to this section if the person was found guilty of a violation 26
of NRS 484C.110 or 484C.120 that is punishable pursuant to: 27
(a) Paragraph (b) of subsection 1 of NRS 484C.400; or 28
(b) Paragraph (c) of subsection 1 of NRS 484C.400 but had a 29
judgment of conviction entered against him or her for a violation of 30
paragraph (b) of subsection 1 of NRS 484C.400 because the person 31
participated in the statewide sobriety and drug monitoring program 32
established pursuant to NRS 484C.392. 33
8. If the court grants a petition for the sealing of records 34
pursuant to this section, upon the request of the person whose 35
records are sealed, the court may order sealed all records of the civil 36
proceeding in which the records were sealed. 37
9. Notwithstanding any other provision of law, no fee may be 38
charged by any court or agency of criminal justice in this State 39
related to a petition for the sealing of records pursuant to this section 40
if, at the time the crime for which the records to be sealed was 41
committed, the petitioner was being sex trafficked pursuant to NRS 42
201.300. As used in this subsection, “fee” includes, without 43
limitation, any fee to file a petition, obtain fingerprints if provided 44
by a governmental agency of this State, obtain any records of 45
– 31 –
- *AB35*
criminal history, obtain records of past arrests and convictions or 1
obtain or certify copies of documents pursuant to NRS 19.013 and 2
any other fee related to the sealing of records pursuant to this 3
section. 4
10. As used in this section: 5
(a) “Crime against a child” has the meaning ascribed to it in 6
NRS 179D.0357. 7
(b) “Sexual offense” means: 8
(1) Murder of the first degree committed in the perpetration 9
or attempted perpetration of sexual assault or of sexual abuse or 10
sexual molestation of a child less than 14 years of age pursuant to 11
paragraph (b) of subsection 1 of NRS 200.030. 12
(2) Sexual assault pursuant to NRS 200.366. 13
(3) Statutory sexual seduction pursuant to NRS 200.368, if 14
punishable as a felony. 15
(4) Battery with intent to commit sexual assault pursuant to 16
NRS 200.400. 17
(5) An offense involving the administration of a drug to 18
another person with the intent to enable or assist the commission of 19
a felony pursuant to NRS 200.405, if the felony is an offense listed 20
in this paragraph. 21
(6) An offense involving the administration of a controlled 22
substance to another person with the intent to enable or assist the 23
commission of a crime of violence, if the crime of violence is an 24
offense listed in this paragraph. 25
(7) Abuse of a child pursuant to NRS 200.508, if the abuse 26
involved sexual abuse or sexual exploitation. 27
(8) An offense involving [pornography and a minor] child 28
sexual abuse material pursuant to NRS 200.710 to 200.730, 29
inclusive [.] , and section 1 of this act. 30
(9) Fertility fraud pursuant to paragraph (a) of subsection 1 31
of NRS 200.975. 32
(10) Incest pursuant to NRS 201.180. 33
(11) Open or gross lewdness pursuant to NRS 201.210, if 34
punishable as a felony. 35
(12) Indecent or obscene exposure pursuant to NRS 201.220, 36
if punishable as a felony. 37
(13) Lewdness with a child pursuant to NRS 201.230. 38
(14) Sexual penetration of a dead human body pursuant to 39
NRS 201.450. 40
(15) Sexual conduct between certain employees of a school 41
or volunteers at a school and a pupil pursuant to NRS 201.540. 42
(16) Sexual conduct between certain employees of a college 43
or university and a student pursuant to NRS 201.550. 44
– 32 –
- *AB35*
(17) Luring a child or a person with mental illness pursuant 1
to NRS 201.560, if punishable as a felony. 2
(18) An attempt to commit an offense listed in this 3
paragraph. 4
Sec. 23. NRS 179A.073 is hereby amended to read as follows: 5
179A.073 1. “Sexual offense” includes acts upon a child 6
constituting: 7
(a) Sexual assault under NRS 200.366; 8
(b) Statutory sexual seduction under NRS 200.368; 9
(c) Use of a minor in producing [pornography] child sexual 10
abuse material under NRS 200.710; 11
(d) Promotion of a sexual performance of a minor under 12
NRS 200.720; 13
(e) Possession of a visual presentation depicting the sexual 14
conduct of a child under NRS 200.730; 15
(f) Incest under NRS 201.180; 16
(g) Lewdness with a child under NRS 201.230; [or] 17
(h) Luring a child or a person with mental illness pursuant to 18
NRS 201.560, if punished as a felony [.] ; or 19
(i) A violation of section 1 of this act. 20
2. “Sexual offense” also includes acts committed outside the 21
State that would constitute any of the offenses in subsection 1 if 22
committed in the State, and the aiding, abetting, attempting or 23
conspiring to engage in any of the offenses in subsection 1. 24
Sec. 24. NRS 179D.097 is hereby amended to read as follows: 25
179D.097 1. “Sexual offense” means any of the following 26
offenses: 27
(a) Murder of the first degree committed in the perpetration or 28
attempted perpetration of sexual assault or of sexual abuse or sexual 29
molestation of a child less than 14 years of age pursuant to 30
paragraph (b) of subsection 1 of NRS 200.030. 31
(b) Sexual assault pursuant to NRS 200.366. 32
(c) Statutory sexual seduction pursuant to NRS 200.368. 33
(d) Battery with intent to commit sexual assault pursuant to 34
subsection 4 of NRS 200.400. 35
(e) An offense involving the administration of a drug to another 36
person with the intent to enable or assist the commission of a felony 37
pursuant to NRS 200.405, if the felony is an offense listed in this 38
subsection. 39
(f) An offense involving the administration of a controlled 40
substance to another person with the intent to enable or assist the 41
commission of a crime of violence, if the crime of violence is an 42
offense listed in this section. 43
(g) Abuse of a child pursuant to NRS 200.508, if the abuse 44
involved sexual abuse or sexual exploitation. 45
– 33 –
- *AB35*
(h) An offense involving [pornography and a minor] child 1
sexual abuse material pursuant to NRS 200.710 to 200.730, 2
inclusive [.] , and section 1 of this act. 3
(i) Fertility fraud pursuant to paragraph (a) of subsection 1 of 4
NRS 200.975. 5
(j) Incest pursuant to NRS 201.180. 6
(k) Open or gross lewdness pursuant to NRS 201.210. 7
(l) Indecent or obscene exposure pursuant to NRS 201.220. 8
(m) Lewdness with a child pursuant to NRS 201.230. 9
(n) Sexual penetration of a dead human body pursuant to 10
NRS 201.450. 11
(o) Sexual conduct between certain employees of a school or 12
volunteers at a school and a pupil pursuant to NRS 201.540. 13
(p) Sexual conduct between certain employees of a college or 14
university and a student pursuant to NRS 201.550. 15
(q) Luring a child or a person with mental illness pursuant to 16
NRS 201.560, if punished as a felony. 17
(r) Sex trafficking pursuant to NRS 201.300. 18
(s) Any other offense that has an element involving a sexual act 19
or sexual conduct with another. 20
(t) An attempt or conspiracy to commit an offense listed in 21
paragraphs (a) to (s), inclusive. 22
(u) An offense that is determined to be sexually motivated 23
pursuant to NRS 175.547 or 207.193. 24
(v) An offense committed in another jurisdiction that, if 25
committed in this State, would be an offense listed in this 26
subsection. This paragraph includes, without limitation, an offense 27
prosecuted in: 28
(1) A tribal court. 29
(2) A court of the United States or the Armed Forces of the 30
United States. 31
(w) An offense of a sexual nature committed in another 32
jurisdiction, whether or not the offense would be an offense listed in 33
this section, if the person who committed the offense resides or has 34
resided or is or has been a student or worker in any jurisdiction in 35
which the person is or has been required by the laws of that 36
jurisdiction to register as a sex offender because of the offense. This 37
paragraph includes, without limitation, an offense prosecuted in: 38
(1) A tribal court. 39
(2) A court of the United States or the Armed Forces of the 40
United States. 41
(3) A court having jurisdiction over juveniles. 42
2. Except for the offenses described in paragraphs (o) and (p) 43
of subsection 1, the term does not include an offense involving 44
consensual sexual conduct if the victim was: 45
– 34 –
- *AB35*
(a) An adult, unless the adult was under the custodial authority 1
of the offender at the time of the offense; or 2
(b) At least 13 years of age and the offender was not more than 3
4 years older than the victim at the time of the commission of the 4
offense. 5
Sec. 25. NRS 179D.115 is hereby amended to read as follows: 6
179D.115 “Tier II offender” means an offender convicted of a 7
crime against a child or a sex offender, other than a Tier III 8
offender, whose crime against a child is punishable by 9
imprisonment for more than 1 year or whose sexual offense: 10
1. If committed against a child, constitutes: 11
(a) Luring a child pursuant to NRS 201.560, if punishable as a 12
felony; 13
(b) Abuse of a child pursuant to NRS 200.508, if the abuse 14
involved sexual abuse or sexual exploitation; 15
(c) An offense involving sex trafficking pursuant to NRS 16
201.300 or prostitution pursuant to NRS 201.320 or 201.395; 17
(d) An offense involving [pornography and a minor] child 18
sexual abuse material pursuant to NRS 200.710 to 200.730, 19
inclusive [;] , and section 1 of this act; or 20
(e) Any other offense that is comparable to or more severe than 21
the offenses described in 34 U.S.C. § 20911(3); 22
2. Involves an attempt or conspiracy to commit any offense 23
described in subsection 1; 24
3. If committed in another jurisdiction, is an offense that, if 25
committed in this State, would be an offense listed in this section. 26
This subsection includes, without limitation, an offense prosecuted 27
in: 28
(a) A tribal court; or 29
(b) A court of the United States or the Armed Forces of the 30
United States; or 31
4. Is committed after the person becomes a Tier I offender if 32
any of the person’s sexual offenses constitute an offense punishable 33
by imprisonment for more than 1 year. 34
Sec. 26. NRS 213.1258 is hereby amended to read as follows: 35
213.1258 1. Except as otherwise provided in subsection 2, if 36
the Board releases on parole a prisoner convicted of stalking with 37
the use of an Internet or network site, electronic mail, text 38
messaging or any other similar means of communication pursuant to 39
subsection 4 of NRS 200.575, an offense involving [pornography 40
and a minor] child sexual abuse material pursuant to NRS 200.710 41
to 200.730, inclusive, and section 1 of this act, luring a child or a 42
person with mental illness through the use of a computer, system or 43
network pursuant to paragraph (a) or (b) of subsection 4 of NRS 44
201.560 or a violation of NRS 201.553 which involved the use of an 45
– 35 –
- *AB35*
electronic communication device, the Board shall, in addition to any 1
other condition of parole, require as a condition of parole that the 2
parolee not own or use a computer, including, without limitation, 3
use electronic mail, a chat room or the Internet. 4
2. The Board is not required to impose a condition of parole set 5
forth in subsection 1 if the Board finds that: 6
(a) The use of a computer by the parolee will assist a law 7
enforcement agency or officer in a criminal investigation; 8
(b) The parolee will use the computer to provide technological 9
training concerning technology of which the defendant has a unique 10
knowledge; or 11
(c) The use of the computer by the parolee will assist companies 12
that require the use of the specific technological knowledge of the 13
parolee that is unique and is otherwise unavailable to the company. 14
3. Except as otherwise provided in subsection 1, if the Board 15
releases on parole a prisoner convicted of an offense that involved 16
the use of a computer, system or network, the Board may, in 17
addition to any other condition of parole, require as a condition of 18
parole that the parolee not own or use a computer, including, 19
without limitation, use electronic mail, a chat room or the Internet. 20
4. As used in this section: 21
(a) “Computer” has the meaning ascribed to it in NRS 205.4735 22
and includes, without limitation, an electronic communication 23
device. 24
(b) “Electronic communication device” has the meaning 25
ascribed to it in NRS 200.737. 26
(c) “Network” has the meaning ascribed to it in NRS 205.4745. 27
(d) “System” has the meaning ascribed to it in NRS 205.476. 28
(e) “Text messaging” has the meaning ascribed to it in 29
NRS 200.575. 30
Sec. 27. NRS 217.050 is hereby amended to read as follows: 31
217.050 “Personal injury” means: 32
1. Actual bodily harm or threat of bodily harm which results in 33
a need for medical treatment; 34
2. In the case of a minor who was involved in the production of 35
[pornography] child sexual abuse material in violation of NRS 36
200.710, 200.720, 200.725 , [or] 200.730 [,] or section 1 of this act, 37
any harm which results in a need for medical treatment or any 38
psychological or psychiatric counseling, or both; 39
3. Any harm which results from sexual abuse; or 40
4. Any harm which results from a violation of NRS 200.5099 41
or 200.50995. 42
– 36 –
- *AB35*
Sec. 28. NRS 217.070 is hereby amended to read as follows: 1
217.070 1. “Victim” means a person who suffers direct or 2
threatened physical, financial or psychological harm as a result of 3
the commission of a crime, including, without limitation: 4
(a) A person who is injured or killed as the direct result of a 5
criminal act; 6
(b) A minor who was involved in the prod uction of 7
[pornography] child sexual abuse material in violation of NRS 8
200.710, 200.720, 200.725 , [or] 200.730 [;] or section 1 of this act; 9
(c) A minor who was sexually abused, as “sexual abuse” is 10
defined in NRS 432B.100; 11
(d) A person who is physically injured or killed as the direct 12
result of a violation of NRS 484C.110 or any act or neglect of duty 13
punishable pursuant to NRS 484C.430 or 484C.440; 14
(e) A pedestrian who is physically injured or killed as the direct 15
result of a driver of a motor vehicle who failed to stop at the scene 16
of a crash involving the driver and the pedestrian in violation of 17
NRS 484E.010; 18
(f) An older person or a vulnerable person who is abused, 19
neglected, exploited, isolated or abandoned in violation of NRS 20
200.5099 or 200.50995; 21
(g) A person who is physically injured or killed as the direct 22
result of an act of international terrorism as defined in 18 U.S.C. § 23
2331(1); 24
(h) A person who is trafficked in violation of subsection 2 of 25
NRS 201.300; 26
(i) A veteran who experienced an act of sexual assault while 27
serving on active duty, active duty for training or inactive duty 28
training; 29
(j) A person who is subjected to facilitating sex trafficking in 30
violation of subsection 1 of NRS 201.301; or 31
(k) A person who is an immediate family member of a victim 32
who: 33
(1) Is a minor; 34
(2) Is physically or mentally incompetent; or 35
(3) Was killed. 36
2. The term includes any person who was harmed by an act 37
listed in subsection 1, regardless of whether: 38
(a) The person is a resident of this State, a citizen of the United 39
States or is lawfully entitled to reside in the United States; or 40
(b) The act was committed by an adult or a minor. 41
Sec. 29. NRS 217.100 is hereby amended to read as follows: 42
217.100 1. Except as otherwise provided in subsection 5, any 43
person eligible for compensation under the provisions of NRS 44
217.010 to 217.270, inclusive, may apply to the Director for such 45
– 37 –
- *AB35*
compensation not later than 24 months after the injury or death for 1
which compensation is claimed or, for a person who is a victim of 2
sex trafficking or facilitating sex trafficking, not later than 60 3
months after the injury or death for which compensation is claimed, 4
unless waived by the Director or a person designated by the Director 5
for good cause shown, and the personal injury or death was the 6
result of an incident or offense that was reported to the police within 7
5 days of its occurrence or, if the incident or offense could not 8
reasonably have been reported within that period, within 5 days of 9
the time when a report could reasonably have been made. 10
2. An order for the payment of compensation must not be 11
made unless the application is made within the time set forth in 12
subsection 1. 13
3. Where the person entitled to make application is: 14
(a) A minor, the application may be made on his or her behalf 15
by a parent or guardian. 16
(b) Mentally incapacitated, the application may be made on his 17
or her behalf by a parent, guardian or other person authorized to 18
administer his or her estate. 19
4. The applicant must submit with his or her application the 20
reports, if reasonably available, from all physicians who, at the time 21
of or subsequent to the victim’s injury or death, treated or examined 22
the victim in relation to the injury for which compensation is 23
claimed. 24
5. The limitations upon payment of compensation established 25
in subsection 1 do not apply to a minor who is sexually abused or 26
who is involved in the production of [pornography.] child sexual 27
abuse material. Such a minor must apply for compensation before 28
reaching 21 years of age. 29
6. As used in this section: 30
(a) “Facilitating sex trafficking” means a violation of 31
NRS 201.301. 32
(b) “Sex trafficking” means a violation of subsection 2 of 33
NRS 201.300. 34
Sec. 30. NRS 220.125 is hereby amended to read as follows: 35
220.125 1. The Legislative Counsel shall, to the extent 36
practicable, ensure that persons with physical, mental or cognitive 37
disabilities are referred to in Nevada Revised Statutes using 38
language that is commonly viewed as respectful and sentence 39
structure that refers to the person before referring to his or her 40
disability as follows: 41
(a) Words and terms that are preferred for use in Nevada 42
Revised Statutes include, without limitation, “persons with 43
disabilities,” “persons with mental illness,” “persons with 44
– 38 –
- *AB35*
developmental disabilities,” “persons with intellectual disabilities” 1
and other words and terms that are structured in a similar manner. 2
(b) Words and terms that are not preferred for use in Nevada 3
Revised Statutes include, without limitation, “disabled,” 4
“handicapped,” “mentally disabled,” “mentally ill,” “mentally 5
retarded” and other words and terms that tend to equate the 6
disability with the person. 7
2. The Legislative Counsel shall, to the extent practicable, 8
ensure that terms related to persons affected by addictive disorders 9
are referred to in Nevada Revised Statutes using language that is 10
commonly viewed as respectful and sentence structure that refers to 11
the person before referring to his or her disorder as follows: 12
(a) Words and terms that are preferred for use in Nevada 13
Revised Statutes include, without limitation, “addictive disorder,” 14
“persons with addictive disorders,” “person with an addictive 15
disorder,” “person with an addictive disorder related to gambling” 16
and “substance use disorder.” 17
(b) Words and terms that are not preferred for use in Nevada 18
Revised Statutes include, without limitation, “addict,” “alcoholic,” 19
“alcohol abuse,” “alcohol abuser,” “alcohol and drug abuser,” “drug 20
abuse,” “drug addict,” “problem gambler,” “substance abuse” and 21
“substance abuser.” 22
3. The Legislative Counsel shall, to the extent practicable, 23
ensure that terms related to persons with mental illness are referred 24
to in Nevada Revised Statutes using language that is commonly 25
viewed as respectful and sentence structure that refers to the person 26
before referring to his or her illness as follows: 27
(a) Words and terms that are preferred for use in Nevada 28
Revised Statutes include, without limitation, “persons with mental 29
illness” and other words and terms that are structured in a similar 30
manner. 31
(b) Words and terms that are not preferred for use in Nevada 32
Revised Statutes include, without limitation, “insane” and 33
“insanity.” 34
4. The Legislative Counsel shall, to the extent practicable, 35
ensure that terms related to persons who are deaf or hard of hearing 36
are referred to in Nevada Revised Statutes using language that is 37
commonly viewed as respectful and sentence structure that refers to 38
the person before referring to his or her condition. Words and terms 39
that are not preferred for use in Nevada Revised Statutes include, 40
without limitation, “deaf and dumb.” 41
5. The Legislative Counsel shall, to the extent practicable, 42
ensure that: 43
(a) Terms related to persons living with the human 44
immunodeficiency virus are referred to in Nevada Revised Statutes 45
– 39 –
- *AB35*
using language that is commonly viewed as respectful and sentence 1
structure that refers to the person before referring to the human 2
immunodeficiency virus as follows: 3
(1) Words and terms that are preferred for use in Nevada 4
Revised Statutes include, without limitation, “person living with the 5
human immunodeficiency virus” and “person diagnosed with the 6
human immunodeficiency virus.” 7
(2) Words and terms that are not preferred for use in Nevada 8
Revised Statutes include, without limitation, “HIV positive” and 9
“human immunodeficiency virus positive.” 10
(b) The human immunodeficiency virus is referred to in Nevada 11
Revised Statutes using language that refers only to the human 12
immunodeficiency virus or HIV rather than using duplicative 13
references to both the human immunodeficiency virus or HIV and 14
acquired immunodeficiency syndrome, acquired immune deficiency 15
syndrome or AIDS. 16
(c) Duplicative references to both communicable diseases and 17
the human immunodeficiency virus or HIV are not used in Nevada 18
Revised Statutes. 19
6. The Legislative Counsel shall, to the extent practicable, 20
ensure that terms related to items or materials that depict or 21
describe a minor as the subject of a sexual portrayal or engaging 22
in or simulating, or assisting others to engage in or simulate 23
sexual conduct are referred to in Nevada Revised Statutes using 24
language that is commonly viewed as respectful and sentence 25
structure which clearly indicates that a minor depicted or 26
described in any such item or material is a victim as follows: 27
(a) Words and terms that are preferred in Nevada Revised 28
Statutes include, without limitation, “child sexual abuse material” 29
and words and terms that are structured in a similar manner. 30
(b) Words and terms that are not preferred for use in Nevada 31
Revised Statutes include, without limitation, “child pornography.” 32
Sec. 31. NRS 233B.062 is hereby amended to read as follows: 33
233B.062 1. It is the policy of this State that every regulation 34
of an agency be made easily accessible to the public and expressed 35
in clear and concise language. To assist in carrying out this policy: 36
(a) The Attorney General must develop guidelines for drafting 37
regulations; and 38
(b) Every permanent regulation must be incorporated, excluding 39
any forms used by the agency, any publication adopted by reference, 40
the title, any signature and other formal parts, in the Nevada 41
Administrative Code, and every emergency or temporary regulation 42
must be distributed in the same manner as the Nevada 43
Administrative Code. 44
2. It is the policy of this State that: 45
– 40 –
- *AB35*
(a) Persons with physical, mental or cognitive disabilities and 1
persons living with the human immunodeficiency virus are to be 2
referred to in the Nevada Administrative Code using language that 3
is commonly viewed as respectful and sentence structure that refers 4
to the person before referring to the person’s disability or the human 5
immunodeficiency virus, as applicable; 6
(b) Terms related to persons affected by addictive disorders are 7
referred to in the Nevada Administrative Code using language that 8
is commonly viewed as respectful and sentence structure that refers 9
to the person before referring to his or her disorder; 10
(c) Terms related to persons with mental illness are referred to in 11
the Nevada Administrative Code using language that is commonly 12
viewed as respectful and sentence structure that refers to the person 13
before referring to his or her illness; 14
(d) Terms related to persons who are deaf or hard of hearing are 15
referred to in the Nevada Administrative Code using language that 16
is commonly viewed as respectful and sentence structure that refers 17
to the person before referring to his or her condition; [and] 18
(e) References to only the human immunodeficiency virus or 19
HIV should be used in the Nevada Administrative Code instead of 20
duplicative references to both human immunodeficiency virus or 21
HIV and acquired immunodeficiency syndrome, acquired immune 22
deficiency syndrome or AIDS [,] ; and 23
(f) Terms related to items or materials that depict or describe a 24
minor as the subject of a sexual portrayal or engaging in or 25
simulating, or assisting others to engage in or simulate sexual 26
conduct are referred to in the Nevada Administrative Code using 27
language that is commonly viewed as respectful and sentence 28
structure which clearly indicates that a minor depicted or 29
described in any such item or material is a victim, 30
in the same manner as provided in NRS 220.125 for Nevada 31
Revised Statutes. 32
3. The Legislative Counsel shall: 33
(a) Include each permanent regulation in the Nevada 34
Administrative Code; and 35
(b) Distribute in the same manner as the Nevada Administrative 36
Code each emergency or temporary regulation, 37
that is required to be adopted pursuant to the provisions of this 38
chapter and which is adopted by an entity other than an agency. 39
4. The Legislative Commission may authorize inclusion in the 40
Nevada Administrative Code of the regulations of an agency 41
otherwise exempted from the requirements of this chapter. 42
Sec. 32. NRS 424.031 is hereby amended to read as follows: 43
424.031 1. The licensing authority or a person or entity 44
designated by the licensing authority shall obtain from appropriate 45
– 41 –
- *AB35*
law enforcement agencies information on the background and 1
personal history of each applicant for a license to conduct a foster 2
home, person who is licensed to conduct a foster home, employee of 3
that applicant or licensee, and resident of a foster home who is 18 4
years of age or older, other than a resident who remains under the 5
jurisdiction of a court pursuant to NRS 432B.594, to determine 6
whether the person investigated has been arrested for, has charges 7
pending for or has been convicted of: 8
(a) Murder, voluntary manslaughter or mayhem; 9
(b) Any other felony involving the use or threatened use of force 10
or violence against the victim or the use of a firearm or other deadly 11
weapon; 12
(c) Assault with intent to kill or to commit sexual assault or 13
mayhem; 14
(d) Sexual assault, statutory sexual seduction, incest, lewdness, 15
indecent exposure or any other sexually related crime or a felony 16
relating to prostitution; 17
(e) Abuse or neglect of a child or contributory delinquency; 18
(f) A violation of any federal or state law regulating the 19
possession, distribution or use of any controlled substance or any 20
dangerous drug as defined in chapter 454 of NRS; 21
(g) Abuse, neglect, exploitation, isolation or abandonment of 22
older persons or vulnerable persons, including, without limitation, a 23
violation of any provision of NRS 200.5091 to 200.50995, 24
inclusive, or a law of any other jurisdiction that prohibits the same 25
or similar conduct; 26
(h) Any offense involving fraud, theft, embezzlement, burglary, 27
robbery, fraudulent conversion or misappropriation of property 28
within the immediately preceding 7 years; 29
(i) Any offense relating to [pornography involving minors,] 30
child sexual abuse material, including, without limitation, a 31
violation of any provision of NRS 200.700 to 200.760, inclusive, 32
and section 1 of this act or a law of any other jurisdiction that 33
prohibits the same or similar conduct; 34
(j) Prostitution, solicitation, lewdness or indecent exposure, or 35
any other sexually related crime that is punishable as a 36
misdemeanor, within the immediately preceding 7 years; 37
(k) A crime involving domestic violence that is punishable as a 38
felony; 39
(l) A crime involving domestic violence that is punishable as a 40
misdemeanor, within the immediately preceding 7 years; 41
(m) A criminal offense under the laws governing Medicaid or 42
Medicare, within the immediately preceding 7 years; 43
(n) Any offense involving the sale, furnishing, purchase, 44
consumption or possession of alcoholic beverages by a minor 45
– 42 –
- *AB35*
including, without limitation, a violation of any provision of NRS 1
202.015 to 202.067, inclusive, or driving a vehicle under the 2
influence of alcohol or a controlled substance in violation of chapter 3
484C of NRS or a law of any other jurisdiction that prohibits the 4
same or similar conduct, within the immediately preceding 7 years; 5
or 6
(o) An attempt or conspiracy to commit any of the offenses 7
listed in this subsection within the immediately preceding 7 years. 8
2. A licensing authority or a person or entity designated by the 9
licensing authority may conduct an investigation of the background 10
and personal history of a person who is 18 years of age or older who 11
routinely supervises a child in a foster home in the same manner as 12
described in subsection 1. 13
3. The licensing authority or its approved designee may charge 14
each person investigated pursuant to this section for the reasonable 15
cost of that investigation. 16
4. Unless a preliminary Federal Bureau of Investigation 17
Interstate Identification Index name-based check of the records of 18
criminal history has been conducted pursuant to NRS 424.039, a 19
person who is required to submit to an investigation pursuant to 20
subsection 1 shall not have contact with a child in a foster home 21
without supervision before the investigation of the background and 22
personal history of the person has been conducted. 23
5. The licensing authority or its designee: 24
(a) Shall conduct an investigation of each licensee, employee 25
and resident pursuant to this section at least once every 5 years after 26
the initial investigation; and 27
(b) May conduct an investigation of any person who is 18 years 28
of age or older who routinely supervises a child in a foster home at 29
such times as it deems appropriate. 30
Sec. 33. NRS 424.145 is hereby amended to read as follows: 31
424.145 1. The licensing authority or a person designated by 32
the licensing authority shall obtain from appropriate law 33
enforcement agencies information on the background and personal 34
history of each applicant for or holder of a license to conduct a 35
foster care agency and each owner, member of the governing body, 36
employee, paid consultant, contractor, volunteer or vendor of that 37
applicant or licensee who may come into direct contact with a child 38
placed by the foster care agency, to determine whether the person 39
investigated has been arrested for, has charges pending for or has 40
been convicted of: 41
(a) Murder, voluntary manslaughter or mayhem; 42
(b) Any other felony involving the use or threatened use of force 43
or violence against the victim or the use of a firearm or other deadly 44
weapon; 45
– 43 –
- *AB35*
(c) Assault with intent to kill or to commit sexual assault or 1
mayhem; 2
(d) Sexual assault, statutory sexual seduction, incest, lewdness, 3
indecent exposure or any other sexually related crime or a felony 4
relating to prostitution; 5
(e) Abuse or neglect of a child or contributory delinquency; 6
(f) A violation of any federal or state law regulating the 7
possession, distribution or use of any controlled substance or any 8
dangerous drug as defined in chapter 454 of NRS; 9
(g) Abuse, neglect, exploitation, isolation or abandonment of 10
older persons or vulnerable persons, including, without limitation, a 11
violation of any provision of NRS 200.5091 to 200.50995, 12
inclusive, or a law of any other jurisdiction that prohibits the same 13
or similar conduct; 14
(h) Any offense involving fraud, theft, embezzlement, burglary, 15
robbery, fraudulent conversion or misappropriation of property 16
within the immediately preceding 7 years; 17
(i) Any offense relating to [pornography involving minors,] 18
child sexual abuse materials, including, without limitation, a 19
violation of any provision of NRS 200.700 to 200.760, inclusive, 20
and section 1 of this act or a law of any other jurisdiction that 21
prohibits the same or similar conduct; 22
(j) Prostitution, solicitation, lewdness or indecent exposure, or 23
any other sexually related crime that is punishable as a 24
misdemeanor, within the immediately preceding 7 years; 25
(k) A crime involving domestic violence that is punishable as a 26
felony; 27
(l) A crime involving domestic violence that is punishable as a 28
misdemeanor, within the immediately preceding 7 years; 29
(m) A criminal offense under the laws governing Medicaid or 30
Medicare, within the immediately preceding 7 years; 31
(n) Any offense involving the sale, furnishing, purchase, 32
consumption or possession of alcoholic beverages by a minor, 33
including, without limitation, a violation of any provision of NRS 34
202.015 to 202.067, inclusive, or driving a vehicle under the 35
influence of alcohol or a controlled substance in violation of chapter 36
484C of NRS or a law of any other jurisdiction that prohibits the 37
same or similar conduct, within the immediately preceding 7 years; 38
or 39
(o) An attempt or conspiracy to commit any of the offenses 40
listed in this subsection within the immediately preceding 7 years. 41
2. Unless a preliminary Federal Bureau of Investigation 42
Interstate Identification Index name-based check of the records of 43
criminal history has been conducted pursuant to NRS 424.039, a 44
person who is required to submit to an investigation pursuant to this 45
– 44 –
- *AB35*
section shall not have contact with a child in a foster home without 1
supervision before the investigation of the background and personal 2
history of the person is completed. 3
3. The licensing authority or its designee shall conduct an 4
investigation of each holder of a license to conduct a foster care 5
agency and each owner, member of a governing body, employee, 6
paid consultant, contractor, volunteer or vendor who may come into 7
direct contact with a child placed by the foster care agency pursuant 8
to this section at least once every 5 years after the initial 9
investigation. 10
Sec. 34. NRS 432.150 is hereby amended to read as follows: 11
432.150 As used in NRS 432.150 to 432.220, inclusive, unless 12
the context otherwise requires: 13
1. “Clearinghouse” means the program established by the 14
Attorney General pursuant to NRS 432.170. 15
2. “Director” means the Director of the Clearinghouse. 16
3. “Exploited child” means a person under the age of 18 years 17
who has been: 18
(a) Used in the production of [pornography] child sexual abuse 19
material in violation of the provisions of NRS 200.710 [;] to 20
200.730, inclusive, and section 1 of this act; 21
(b) Subjected to sexual exploitation as defined in NRS 22
432B.110; or 23
(c) Employed or exhibited in any injurious, immoral or 24
dangerous business or occupation in violation of the provisions of 25
NRS 609.210. 26
4. “Missing child” means a person under the age of 18 years 27
who has run away or is otherwise missing from the lawful care, 28
custody and control of a parent or guardian. 29
Sec. 35. NRS 432A.170 is hereby amended to read as follows: 30
432A.170 1. The Division may, upon receipt of an 31
application for a license to operate a child care facility, conduct an 32
investigation into the: 33
(a) Buildings or premises of the facility and, if the application is 34
for an outdoor youth program, the area of operation of the program; 35
(b) Qualifications and background of the applicant or the 36
employees of the applicant; 37
(c) Method of operation for the facility; and 38
(d) Policies and purposes of the applicant. 39
2. Subject to the provisions of subsection 7, the Division shall 40
secure from appropriate law enforcement agencies information on 41
the background and personal history of every applicant, licensee, 42
operator of a small child care establishment, employee of an 43
applicant, licensee or small child care establishment, resident of a 44
child care facility or small child care establishment who is 18 years 45
– 45 –
- *AB35*
of age or older, other than a resident who remains under the 1
jurisdiction of a court pursuant to NRS 432B.594, or participant in 2
an outdoor youth program who is 18 years of age or older, to 3
determine whether the person has been convicted of: 4
(a) Murder, voluntary manslaughter or mayhem; 5
(b) Any other felony involving the use of a firearm or other 6
deadly weapon; 7
(c) Assault with intent to kill or to commit sexual assault or 8
mayhem; 9
(d) Sexual assault, statutory sexual seduction, incest, lewdness, 10
indecent exposure or any other sexually related crime; 11
(e) Any crime against a child, including, without limitation, 12
abuse, neglect or endangerment of a child, contributory delinquency 13
or [pornography involving a minor;] child sexual abuse material; 14
(f) Arson; 15
(g) Assault; 16
(h) Battery, including, without limitation, battery which 17
constitutes domestic violence; 18
(i) Kidnapping; 19
(j) Any offense relating to the possession or use of any 20
controlled substance or any dangerous drug as defined in chapter 21
454 of NRS within the immediately preceding 5 years; 22
(k) Any offense relating to the distribution or manufacture of 23
any controlled substance or any dangerous drug as defined in 24
chapter 454 of NRS, including, without limitation, possession of a 25
controlled substance for the purpose of sale; 26
(l) Abuse, neglect, exploitation, isolation or abandonment of 27
older persons or vulnerable persons, including, without limitation, a 28
violation of any provision of NRS 200.5091 to 200.50995, 29
inclusive, or a law of any other jurisdiction that prohibits the same 30
or similar conduct; 31
(m) Any offense involving fraud, theft, embezzlement, burglary, 32
robbery, fraudulent conversion or misappropriation of property 33
within the immediately preceding 7 years; 34
(n) A crime that constitutes domestic violence pursuant to 35
NRS 33.018; 36
(o) A violation of NRS 484C.430; or 37
(p) A violation of NRS 484C.110 or 484C.120 within the 38
immediately preceding 5 years. 39
3. Subject to the provisions of subsection 7, the Division shall 40
request information concerning every applicant, licensee, operator 41
of a small child care establishment, employee of an applicant, 42
licensee or small child care establishment, resident of a child care 43
facility or small child care establishment who is 18 years of age or 44
older, other than a resident who remains under the jurisdiction of a 45
– 46 –
- *AB35*
court pursuant to NRS 432B.594, or participant in an outdoor youth 1
program who is 18 years of age or older, from: 2
(a) The Central Repository for Nevada Records of Criminal 3
History for its report concerning a conviction in this State of any of 4
the crimes set forth in subsection 2 and for submission to the 5
Federal Bureau of Investigation for its report pursuant to NRS 6
432A.175; and 7
(b) The Statewide Central Registry for the Collection of 8
Information Concerning the Abuse or Neglect of a Child established 9
pursuant to NRS 432.100 to determine whether there has been a 10
substantiated report of child abuse or neglect made against any of 11
them. 12
4. The Division may charge each person investigated pursuant 13
to this section for the reasonable cost of that investigation. 14
5. The information required to be obtained pursuant to 15
subsections 2 and 3 must be requested concerning an: 16
(a) Employee of an applicant, licensee or small child care 17
establishment, resident of a child care facility or small child care 18
establishment who is 18 years of age or older, other than a resident 19
who remains under the jurisdiction of a court pursuant to NRS 20
432B.594, or participant in an outdoor youth program who is 18 21
years of age or older for an initial background check not later than 3 22
days after the employee is hired, the residency begins or the 23
participant begins participating in the program and before the 24
employee, resident or participant has direct contact with any child at 25
the child care facility, and then at least once every 5 years thereafter. 26
(b) Applicant at the time that an application is submitted for 27
licensure, and then at least once every 5 years after the license is 28
issued. 29
(c) Operator of a small child care establishment before the 30
operator begins operating the establishment, and then at least once 31
every 5 years after the establishment begins operating. 32
6. A person who is required to submit to an investigation 33
required pursuant to this section shall not have contact with a child 34
in a child care facility without supervision before the investigation 35
of the background and personal history of the person has been 36
conducted. 37
7. The provisions of subsections 2, 3 and 5 apply to a small 38
child care establishment and an operator of a small child care 39
establishment if the operator of such an establishment has applied or 40
registered with the Division of Welfare and Supportive Services of 41
the Department pursuant to NRS 432A.1756. 42
Sec. 36. NRS 432B.198 is hereby amended to read as follows: 43
432B.198 1. An agency which provides child welfare 44
services shall secure from appropriate law enforcement agencies 45
– 47 –
- *AB35*
information on the background and personal history of each 1
applicant for employment with the agency, and each employee of 2
the agency, to determine: 3
(a) Whether the applicant or employee has been convicted of: 4
(1) Murder, voluntary manslaughter, involuntary 5
manslaughter or mayhem; 6
(2) Any other felony involving the use or threatened use of 7
force or violence or the use of a firearm or other deadly weapon; 8
(3) Assault with intent to kill or to commit sexual assault or 9
mayhem; 10
(4) Battery which results in substantial bodily harm to the 11
victim; 12
(5) Battery that constitutes domestic violence that is 13
punishable as a felony; 14
(6) Battery that constitutes domestic violence, other than a 15
battery described in subparagraph (5), within the immediately 16
preceding 3 years; 17
(7) Sexual assault, statutory sexual seduction, incest, 18
lewdness, indecent exposure, an offense involving [pornography and 19
a minor] child sexual abuse material or any other sexually related 20
crime; 21
(8) A crime involving pandering or prostitution, including, 22
without limitation, a violation of any provision of NRS 201.295 to 23
201.440, inclusive, other than a violation of NRS 201.354 by 24
engaging in prostitution; 25
(9) Abuse or neglect of a child, including, without limitation, 26
a violation of any provision of NRS 200.508 or 200.5083; 27
(10) A violation of any federal or state law regulating the 28
possession, distribution or use of any controlled substance or any 29
dangerous drug as defined in chapter 454 of NRS within the 30
immediately preceding 3 years; 31
(11) A violation of any federal or state law prohibiting 32
driving or being in actual physical control of a vehicle while under 33
the influence of intoxicating liquor or a controlled substance that is 34
punishable as a felony; 35
(12) A violation of any federal or state law prohibiting 36
driving or being in actual physical control of a vehicle while under 37
the influence of intoxicating liquor or a controlled substance, other 38
than a violation described in subparagraph (11), within the 39
immediately preceding 3 years; 40
(13) Abuse, neglect, exploitation, isolation or abandonment 41
of older persons or vulnerable persons, including, without 42
limitation, a violation of any provision of NRS 200.5091 to 43
200.50995, inclusive, or a law of any other jurisdiction that 44
prohibits the same or similar conduct; or 45
– 48 –
- *AB35*
(14) Any offense involving arson, fraud, theft, 1
embezzlement, burglary, robbery, fraudulent conversion, 2
misappropriation of property or perjury within the immediately 3
preceding 7 years; or 4
(b) Whether there are criminal charges pending against the 5
applicant or employee for a crime listed in paragraph (a). 6
2. An agency which provides child welfare services shall 7
request information from: 8
(a) The Statewide Central Registry concerning an applicant for 9
employment with the agency, or an employee of the agency, to 10
determine whether there has been a substantiated report of child 11
abuse or neglect made against the applicant or employee; and 12
(b) The central registry of information concerning the abuse or 13
neglect of a child established by any other state in which the 14
applicant or employee resided within the immediately preceding 5 15
years to ensure satisfactory clearance with that registry. 16
3. Each applicant for employment with an agency which 17
provides child welfare services, and each employee of an agency 18
which provides child welfare services, must submit to the agency: 19
(a) A complete set of his or her fingerprints and written 20
authorization to forward those fingerprints to the Central Repository 21
for Nevada Records of Criminal History for submission to the 22
Federal Bureau of Investigation for its report; and 23
(b) Written authorization for the agency to obtain any 24
information that may be available from the Statewide Central 25
Registry or the central registry of information concerning the abuse 26
or neglect of a child established by any other state in which the 27
applicant or employee resided within the immediately preceding 5 28
years. 29
4. An agency which provides child welfare services may 30
exchange with the Central Repository or the Federal Bureau of 31
Investigation any information concerning the fingerprints submitted 32
pursuant to this section. 33
5. When a report from the Federal Bureau of Investigation is 34
received by the Central Repository, the Central Repository shall 35
immediately forward a copy of the report to the agency which 36
provides child welfare services for a determination of whether the 37
applicant or employee has criminal charges pending against him or 38
her for a crime listed in paragraph (a) of subsection 1 or has been 39
convicted of a crime listed in paragraph (a) of subsection 1. 40
6. An agency which provides child welfare services shall 41
conduct an investigation of each employee of the agency pursuant to 42
this section at least once every 5 years after the initial investigation. 43
7. For the purposes of this section, the period during which 44
criminal charges are pending against an applicant or employee for a 45
– 49 –
- *AB35*
crime listed in paragraph (a) of subsection 1 begins when the 1
applicant or employee is arrested for such a crime and ends when: 2
(a) A determination is made as to the guilt or innocence of the 3
applicant or employee with regard to such a crime at a trial or by a 4
plea; or 5
(b) The prosecuting attorney makes a determination to: 6
(1) Decline charging the applicant or employee with a crime 7
listed in paragraph (a) of subsection 1; or 8
(2) Proceed with charges against the applicant or employee 9
for only one or more crimes not listed in paragraph (a) of 10
subsection 1. 11
8. As used in this section, “Statewide Central Registry” means 12
the Statewide Central Registry for the Collection of Information 13
Concerning the Abuse or Neglect of a Child established by 14
NRS 432.100. 15
Sec. 37. NRS 433B.183 is hereby amended to read as follows: 16
433B.183 1. A division facility which provides residential 17
treatment to children shall secure from appropriate law enforcement 18
agencies information on the background and personal history of 19
each employee of the facility to determine: 20
(a) Whether the employee has been convicted of: 21
(1) Murder, voluntary manslaughter, involuntary 22
manslaughter or mayhem; 23
(2) Any other felony involving the use or threatened use of 24
force or violence or the use of a firearm or other deadly weapon; 25
(3) Assault with intent to kill or to commit sexual assault or 26
mayhem; 27
(4) Battery which results in substantial bodily harm to the 28
victim; 29
(5) Battery that constitutes domestic violence that is 30
punishable as a felony; 31
(6) Battery that constitutes domestic violence, other than a 32
battery described in subparagraph (5), within the immediately 33
preceding 3 years; 34
(7) Sexual assault, statutory sexual seduction, incest, 35
lewdness, indecent exposure, an offense involving [pornography and 36
a minor] child sexual abuse material or any other sexually related 37
crime; 38
(8) A crime involving pandering or prostitution, including, 39
without limitation, a violation of any provision of NRS 201.295 to 40
201.440, inclusive, other than a violation of NRS 201.354 by 41
engaging in prostitution; 42
(9) Abuse or neglect of a child, including, without limitation, 43
a violation of any provision of NRS 200.508 or 200.5083; 44
– 50 –
- *AB35*
(10) A violation of any federal or state law regulating the 1
possession, distribution or use of any controlled substance or any 2
dangerous drug as defined in chapter 454 of NRS within the 3
immediately preceding 3 years; 4
(11) A violation of any federal or state law prohibiting 5
driving or being in actual physical control of a vehicle while under 6
the influence of intoxicating liquor or a controlled substance that is 7
punishable as a felony; 8
(12) A violation of any federal or state law prohibiting 9
driving or being in actual physical control of a vehicle while under 10
the influence of intoxicating liquor or a controlled substance, other 11
than a violation described in subparagraph (11), within the 12
immediately preceding 3 years; 13
(13) Abuse, neglect, exploitation, isolation or abandonment 14
of older persons or vulnerable persons, including, without 15
limitation, a violation of any provision of NRS 200.5091 to 16
200.50995, inclusive, or a law of any other jurisdiction that 17
prohibits the same or similar conduct; or 18
(14) Any offense involving arson, fraud, theft, 19
embezzlement, burglary, robbery, fraudulent conversion, 20
misappropriation of property or perjury within the immediately 21
preceding 7 years; or 22
(b) Whether there are criminal charges pending against the 23
employee for a crime listed in paragraph (a). 24
2. An employee must submit to the Division a complete set of 25
fingerprints and written authorization to forward those fingerprints 26
to the Central Repository for Nevada Records of Criminal History 27
for submission to the Federal Bureau of Investigation for its report. 28
3. The Division may exchange with the Central Repository or 29
the Federal Bureau of Investigation any information concerning the 30
fingerprints submitted. 31
4. The Division may charge an employee investigated pursuant 32
to this section for the reasonable cost of that investigation. 33
5. When a report from the Federal Bureau of Investigation is 34
received by the Central Repository, the Central Repository shall 35
immediately forward a copy of the report to the Division for a 36
determination of whether the employee has criminal charges 37
pending against him or her for a crime listed in paragraph (a) of 38
subsection 1 or has been convicted of a crime listed in paragraph (a) 39
of subsection 1. 40
6. An employee who is required to submit to an investigation 41
required pursuant to this section shall not have contact with a child 42
in a division facility without supervision before the investigation of 43
the background and personal history of the employee has been 44
conducted. 45
– 51 –
- *AB35*
7. The division facility shall conduct an investigation of each 1
employee pursuant to this section at least once every 5 years after 2
the initial investigation. 3
8. For the purposes of this section, the period during which 4
criminal charges are pending against an employee for a crime listed 5
in paragraph (a) of subsection 1 begins when the employee is 6
arrested for such a crime and ends when: 7
(a) A determination is made as to the guilt or innocence of the 8
employee with regard to such a crime at a trial or by a plea; or 9
(b) The prosecuting attorney makes a determination to: 10
(1) Decline charging the employee with a crime listed in 11
paragraph (a) of subsection 1; or 12
(2) Proceed with charges against the employee for only one 13
or more crimes not listed in paragraph (a) of subsection 1. 14
Sec. 38. This act becomes effective upon passage and 15
approval. 16
H