(Reprinted with amendments adopted on April 14, 2025)
FIRST REPRINT A.B. 35
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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; establishing the preferred manner of
referring to items or materials that depict or describe a
minor engaging in certain sexual conduct; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Sections 30 and 31 of this bill establish the preferred manner of referring to 1
items or materials that depict or describe a minor as the subject of a sexual 2
portrayal or engaging in or simulating, or assisting others to engage in or simulate, 3
sexual conduct in the Nevada Revised Statutes and the Nevada Administrative 4
Code. Sections 6-29 and 32-37 of this bill make conforming changes to replace 5
words and terms that are not preferred for use in the Nevada Revised Statutes, 6
including the term “child pornography” and various related terms, with the term 7
“child sexual abuse material” in accordance with section 30. 8
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.) 1
Sec. 2. (Deleted by amendment.) 2
Sec. 3. (Deleted by amendment.) 3
Sec. 4. (Deleted by amendment.) 4
Sec. 5. (Deleted by amendment.) 5
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Sec. 6. NRS 202.876 is hereby amended to read as follows: 1
202.876 “Violent or sexual offense” means any act that, if 2
prosecuted in this State, would constitute any of the following 3
offenses: 4
1. Murder or voluntary manslaughter pursuant to NRS 200.010 5
to 200.260, inclusive. 6
2. Mayhem pursuant to NRS 200.280. 7
3. Kidnapping pursuant to NRS 200.310 to 200.340, inclusive. 8
4. Sexual assault pursuant to NRS 200.366. 9
5. Robbery pursuant to NRS 200.380. 10
6. Administering poison or another noxious or destructive 11
substance or liquid with intent to cause death pursuant to 12
NRS 200.390. 13
7. Battery with intent to commit a crime pursuant to 14
NRS 200.400. 15
8. Administering a drug or controlled substance to another 16
person with the intent to enable or assist the commission of a felony 17
or crime of violence pursuant to NRS 200.405 or 200.408. 18
9. False imprisonment pursuant to NRS 200.460 if the false 19
imprisonment involves the use or threatened use of force or violence 20
against the victim or the use or threatened use of a firearm or a 21
deadly weapon. 22
10. Assault with a deadly weapon pursuant to NRS 200.471. 23
11. Battery which is committed with the use of a deadly 24
weapon or which results in substantial bodily harm as described in 25
NRS 200.481 or battery which is committed by strangulation as 26
described in NRS 200.481 or 200.485. 27
12. An offense involving [pornography and a minor] child 28
sexual abuse material pursuant to NRS 200.710 [or 200.720.] to 29
200.730, inclusive. 30
13. Open or gross lewdness pursuant to NRS 201.210. 31
14. Lewdness with a child pursuant to NRS 201.230. 32
15. An offense involving pandering or sex trafficking in 33
violation of NRS 201.300, prostitution in violation of NRS 201.320 34
or advancing prostitution in violation of NRS 201.395. 35
16. Coercion pursuant to NRS 207.190, if the coercion 36
involves the use or threatened use of force or violence against the 37
victim or the use or threatened use of a firearm or a deadly weapon. 38
17. An attempt, conspiracy or solicitation to commit an offense 39
listed in this section. 40
Sec. 7. NRS 50.700 is hereby amended to read as follows: 41
50.700 1. In any criminal or juvenile delinquency action 42
relating to the commission of a sexual offense, a court may not order 43
the victim of or a witness to the sexual offense to take or submit to a 44
psychological or psychiatric examination. 45
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2. The court may exclude the testimony of a licensed 1
psychologist, psychiatrist or clinical social worker who performed a 2
psychological or psychiatric examination on the victim or witness if: 3
(a) There is a prima facie showing of a compelling need for an 4
additional psychological or psychiatric examination of the victim or 5
witness by a licensed psychologist, psychiatrist or clinical social 6
worker; and 7
(b) The victim or witness refuses to submit to an additional 8
psychological or psychiatric examination by a licensed psychologist, 9
psychiatrist or clinical social worker. 10
3. In determining whether there is a prima facie showing of a 11
compelling need for an additional psychological or psychiatric 12
examination of the victim or witness pursuant to subsection 2, the 13
court must consider whether: 14
(a) There is a reasonable basis for believing that the mental or 15
emotional state of the victim or witness may have affected his or her 16
ability to perceive and relate events relevant to the criminal 17
prosecution; and 18
(b) Any corroboration of the offense exists beyond the 19
testimony of the victim or witness. 20
4. If the court determines there is a prima facie showing of a 21
compelling need for an additional psychological or psychiatric 22
examination of the victim or witness, the court shall issue a factual 23
finding that details with particularity the reasons why an additional 24
psychological or psychiatric examination of the victim or witness is 25
warranted. 26
5. If the court issues a factual finding pursuant to subsection 4 27
and the victim or witness consents to an additional psychological or 28
psychiatric examination, the court shall set the parameters for the 29
examination consistent with the purpose of determining the ability 30
of the victim or witness to perceive and relate events relevant to the 31
criminal prosecution. 32
6. As used in this section, “sexual offense” includes, without 33
limitation: 34
(a) An offense that is found to be sexually motivated pursuant to 35
NRS 175.547 or 207.193; 36
(b) Sexual assault pursuant to NRS 200.366; 37
(c) Statutory sexual seduction pursuant to NRS 200.368; 38
(d) Battery with intent to commit sexual assault pursuant to 39
NRS 200.400; 40
(e) Abuse of a child pursuant to NRS 200.508, if the abuse 41
involved sexual abuse or sexual exploitation; 42
(f) An offense involving [pornography and a minor] child 43
sexual abuse material pursuant to NRS 200.710 to 200.730, 44
inclusive; 45
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(g) Fertility fraud pursuant to paragraph (a) of subsection 1 of 1
NRS 200.975; 2
(h) Incest pursuant to NRS 201.180; 3
(i) Open or gross lewdness pursuant to NRS 201.210; 4
(j) Indecent or obscene exposure pursuant to NRS 201.220; 5
(k) Lewdness with a child pursuant to NRS 201.230; 6
(l) Pandering or sex trafficking of a child pursuant to 7
NRS 201.300; 8
(m) An offense involving the administration of a drug to another 9
person with the intent to enable or assist the commission of a felony 10
pursuant to NRS 200.405, if the felony is an offense listed in this 11
section; 12
(n) An offense involving the administration of a controlled 13
substance to another person with the intent to enable or assist the 14
commission of a crime of violence pursuant to NRS 200.408, if the 15
crime of violence is an offense listed in this section; 16
(o) Sexual penetration of a dead human body pursuant to 17
NRS 201.450; 18
(p) A violation of NRS 201.553; 19
(q) Luring a child or a person with mental illness pursuant to 20
NRS 201.560; 21
(r) Any other offense that has an element involving a sexual act 22
or sexual conduct with another person; or 23
(s) Any attempt or conspiracy to commit an offense listed in this 24
subsection. 25
Sec. 8. NRS 62B.270 is hereby amended to read as follows: 26
62B.270 1. A public institution or agency to which a juvenile 27
court commits a child or the licensing authority of a private 28
institution to which a juvenile court commits a child, including, 29
without limitation, a facility for the detention of children, shall 30
secure from appropriate law enforcement agencies information on 31
the background and personal history of each employee of the 32
institution or agency to determine: 33
(a) Whether the employee has been convicted of: 34
(1) Murder, voluntary manslaughter, involuntary 35
manslaughter or mayhem; 36
(2) Any other felony involving the use or threatened use of 37
force or violence or the use of a firearm or other deadly weapon; 38
(3) Assault with intent to kill or to commit sexual assault or 39
mayhem; 40
(4) Battery which results in substantial bodily harm to the 41
victim; 42
(5) Battery that constitutes domestic violence that is 43
punishable as a felony; 44
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(6) Battery that constitutes domestic violence, other than a 1
battery described in subparagraph (5), within the immediately 2
preceding 3 years; 3
(7) Sexual assault, statutory sexual seduction, incest, 4
lewdness, indecent exposure, an offense involving [pornography and 5
a minor] child sexual abuse material or any other sexually related 6
crime; 7
(8) A crime involving pandering or prostitution, including, 8
without limitation, a violation of any provision of NRS 201.295 to 9
201.440, inclusive, other than a violation of NRS 201.353 or 10
201.354 by engaging in prostitution; 11
(9) Abuse or neglect of a child, including, without limitation, 12
a violation of any provision of NRS 200.508 or 200.5083; 13
(10) A violation of any federal or state law regulating the 14
possession, distribution or use of any controlled substance or any 15
dangerous drug as defined in chapter 454 of NRS within the 16
immediately preceding 3 years; 17
(11) A violation of any federal or state law prohibiting 18
driving or being in actual physical control of a vehicle while under 19
the influence of intoxicating liquor or a controlled substance that is 20
punishable as a felony; 21
(12) A violation of any federal or state law prohibiting 22
driving or being in actual physical control of a vehicle while under 23
the influence of intoxicating liquor or a controlled substance, other 24
than a violation described in subparagraph (11), within the 25
immediately preceding 3 years; 26
(13) Abuse, neglect, exploitation, isolation or abandonment 27
of older persons or vulnerable persons, including, without 28
limitation, a violation of any provision of NRS 200.5091 to 29
200.50995, inclusive, or a law of any other jurisdiction that 30
prohibits the same or similar conduct; or 31
(14) Any offense involving arson, fraud, theft, 32
embezzlement, burglary, robbery, fraudulent conversion, 33
misappropriation of property or perjury within the immediately 34
preceding 7 years; or 35
(b) Whether there are criminal charges pending against the 36
employee for a crime listed in paragraph (a). 37
2. An employee of the public or private institution or agency 38
must submit to the public institution or agency or the licensing 39
authority, as applicable, a complete set of fingerprints and written 40
authorization to forward those fingerprints to the Central Repository 41
for Nevada Records of Criminal History for submission to the 42
Federal Bureau of Investigation for its report. 43
3. The public institution or agency or the licensing authority, as 44
applicable, may exchange with the Central Repository or the Federal 45
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Bureau of Investigation any information concerning the fingerprints 1
submitted. 2
4. The public institution or agency or the licensing authority, as 3
applicable, may charge an employee investigated pursuant to this 4
section for the reasonable cost of that investigation. 5
5. When a report from the Federal Bureau of Investigation is 6
received by the Central Repository, the Central Repository shall 7
immediately forward a copy of the report to the public institution or 8
agency or the licensing authority, as applicable, for a determination 9
of whether the employee has criminal charges pending against him 10
or her for a crime listed in paragraph (a) of subsection 1 or has been 11
convicted of a crime listed in paragraph (a) of subsection 1. 12
6. A person who is required to submit to an investigation 13
required pursuant to this section shall not have contact with a child 14
without supervision in a public or private institution or agency to 15
which a juvenile court commits a child, including, without 16
limitation, a facility for the detention of children, before the 17
investigation of the background and personal history of the person 18
has been conducted. 19
7. The public institution or agency or the licensing authority, as 20
applicable, shall conduct an investigation of each employee of the 21
institution or agency pursuant to this section at least once every 5 22
years after the initial investigation. 23
8. For the purposes of this section, the period during which 24
criminal charges are pending against an employee for a crime listed 25
in paragraph (a) of subsection 1 begins when the employee is 26
arrested for such a crime and ends when: 27
(a) A determination is made as to the guilt or innocence of the 28
employee with regard to such a crime at a trial or by a plea; or 29
(b) The prosecuting attorney makes a determination to: 30
(1) Decline charging the employee with a crime listed in 31
paragraph (a) of subsection 1; or 32
(2) Proceed with charges against the employee for only one 33
or more crimes not listed in paragraph (a) of subsection 1. 34
Sec. 9. NRS 62C.120 is hereby amended to read as follows: 35
62C.120 1. If a petition filed pursuant to the provisions of 36
this title contains allegations that a child committed an unlawful act 37
which would have been a sexual offense if committed by an adult or 38
which involved the use or threatened use of force or violence against 39
the victim, the district attorney shall provide to the victim and, if the 40
victim is less than 18 years of age, to the parent or guardian of the 41
victim, as soon as practicable after the petition is filed, 42
documentation that includes: 43
(a) A form advising the victim and the parent or guardian of the 44
victim of their rights pursuant to the provisions of this title; and 45
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(b) The form or procedure that must be used to request 1
disclosure pursuant to NRS 62D.440. 2
2. As used in this section, “sexual offense” means: 3
(a) Sexual assault pursuant to NRS 200.366; 4
(b) Battery with intent to commit sexual assault pursuant to 5
NRS 200.400; 6
(c) An offense involving [pornography and a minor] child 7
sexual abuse material pursuant to NRS 200.710 to 200.730, 8
inclusive; 9
(d) Open or gross lewdness pursuant to NRS 201.210; 10
(e) Indecent or obscene exposure pursuant to NRS 201.220; 11
(f) Lewdness with a child pursuant to NRS 201.230; 12
(g) Sexual penetration of a dead human body pursuant to 13
NRS 201.450; 14
(h) Luring a child or person with mental illness pursuant to NRS 15
201.560, if punishable as a felony; or 16
(i) An attempt to commit an offense listed in this subsection. 17
Sec. 10. NRS 62F.100 is hereby amended to read as follows: 18
62F.100 As used in NRS 62F.100 to 62F.150, inclusive, unless 19
the context otherwise requires, “sexual offense” means: 20
1. Sexual assault pursuant to NRS 200.366; 21
2. Battery with intent to commit sexual assault pursuant to 22
NRS 200.400; 23
3. An offense involving [pornography and a minor] child 24
sexual abuse material pursuant to NRS 200.710 to 200.730, 25
inclusive; 26
4. Open or gross lewdness pursuant to NRS 201.210, if 27
punishable as a felony; 28
5. Indecent or obscene exposure pursuant to NRS 201.220, if 29
punishable as a felony; 30
6. Lewdness with a child pursuant to NRS 201.230; 31
7. Sexual penetration of a dead human body pursuant to 32
NRS 201.450; 33
8. Luring a child or person with mental illness pursuant to NRS 34
201.560, if punishable as a felony; or 35
9. An attempt to commit an offense listed in this section, if 36
punishable as a felony. 37
Sec. 11. NRS 62F.225 is hereby amended to read as follows: 38
62F.225 1. “Sexual offense” means: 39
(a) Sexual assault pursuant to NRS 200.366; 40
(b) An offense involving [pornography and a minor] child 41
sexual abuse material pursuant to NRS 200.710 to 200.730, 42
inclusive; 43
(c) Lewdness with a child pursuant to NRS 201.230; 44
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(d) An attempt or conspiracy to commit an offense listed in 1
paragraph (a), (b) or (c), if punishable as a felony; 2
(e) An offense that is determined to be sexually motivated 3
pursuant to NRS 175.547 or 207.193; or 4
(f) An aggravated sexual offense. 5
2. The term does not include an offense involving consensual 6
sexual conduct if the victim was: 7
(a) An adult, unless the adult was under the custodial authority 8
of the offender at the time of the offense; or 9
(b) At least 13 years of age and the offender was not more than 10
4 years older than the victim at the time of the commission of the 11
offense. 12
Sec. 12. NRS 62G.223 is hereby amended to read as follows: 13
62G.223 1. A department of juvenile justice services shall 14
secure from appropriate law enforcement agencies information on 15
the background and personal history of each applicant for 16
employment with the department of juvenile justice services, and 17
each employee of the department of juvenile justice services, to 18
determine: 19
(a) Whether the applicant or employee has been convicted of: 20
(1) Murder, voluntary manslaughter, involuntary 21
manslaughter or mayhem; 22
(2) Any felony involving the use or threatened use of force or 23
violence or the use of a firearm or other deadly weapon; 24
(3) Assault with intent to kill or to commit sexual assault or 25
mayhem; 26
(4) Battery which results in substantial bodily harm to the 27
victim; 28
(5) Battery that constitutes domestic violence that is 29
punishable as a felony; 30
(6) Battery that constitutes domestic violence, other than a 31
battery described in subparagraph (5), within the immediately 32
preceding 3 years; 33
(7) Sexual assault, statutory sexual seduction, incest, 34
lewdness, indecent exposure or an offense involving [pornography 35
and a minor;] child sexual abuse material; 36
(8) A crime involving pandering or prostitution, including, 37
without limitation, a violation of any provision of NRS 201.295 to 38
201.440, inclusive; 39
(9) Abuse or neglect of a child, including, without limitation, 40
a violation of any provision of NRS 200.508 or 200.5083 or 41
contributory delinquency; 42
(10) A violation of any federal or state law regulating the 43
possession, distribution or use of any controlled substance or any 44
dangerous drug as defined in chapter 454 of NRS; 45
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(11) A violation of any federal or state law prohibiting 1
driving or being in actual physical control of a vehicle while under 2
the influence of intoxicating liquor or a controlled substance that is 3
punishable as a felony; 4
(12) 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, other 7
than a violation described in subparagraph (11), within the 8
immediately preceding 3 years; 9
(13) Abuse, neglect, exploitation, isolation or abandonment 10
of older persons or vulnerable persons, including, without 11
limitation, a violation of any provision of NRS 200.5091 to 12
200.50995, inclusive, or a law of any other jurisdiction that 13
prohibits the same or similar conduct; or 14
(14) Any offense involving arson, fraud, theft, 15
embezzlement, burglary, robbery, fraudulent conversion, 16
misappropriation of property or perjury within the immediately 17
preceding 7 years; or 18
(b) Whether there are criminal charges pending against the 19
applicant or employee for a violation of an offense listed in 20
paragraph (a). 21
2. A department of juvenile justice services shall request 22
information from: 23
(a) The Statewide Central Registry concerning an applicant for 24
employment with the department of juvenile justice services, or an 25
employee of the department of juvenile justice services, to 26
determine whether there has been a substantiated report of child 27
abuse or neglect made against the applicant or employee; and 28
(b) The central registry of information concerning the abuse or 29
neglect of a child established by any other state in which the 30
applicant or employee resided within the immediately preceding 5 31
years to ensure satisfactory clearance with that registry. 32
3. Each applicant for employment with the department of 33
juvenile justice services, and each employee of the department of 34
juvenile justice services, must submit to the department of juvenile 35
justice services: 36
(a) A complete set of his or her fingerprints and written 37
authorization to forward those fingerprints to the Central Repository 38
for Nevada Records of Criminal History for submission to the 39
Federal Bureau of Investigation for its report; and 40
(b) Written authorization for the department of juvenile justice 41
services to obtain any information that may be available from the 42
Statewide Central Registry or the central registry of information 43
concerning the abuse or neglect of a child established by any other 44
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state in which the applicant or employee resided within the 1
immediately preceding 5 years. 2
4. The department of juvenile justice services may exchange 3
with the Central Repository or the Federal Bureau of Investigation 4
any information concerning the fingerprints submitted pursuant to 5
this section. 6
5. When a report from the Federal Bureau of Investigation is 7
received by the Central Repository, the Central Repository shall 8
immediately forward a copy of the report to the department of 9
juvenile justice services for a determination of whether the applicant 10
or employee has criminal charges pending against him or her for a 11
crime listed in paragraph (a) of subsection 1 or has been convicted 12
of a crime listed in paragraph (a) of subsection 1. 13
6. A department of juvenile justice services shall conduct an 14
investigation of each employee of the department pursuant to this 15
section at least once every 5 years after the initial investigation. 16
7. As used in this section, “Statewide Central Registry” means 17
the Statewide Central Registry for the Collection of Information 18
Concerning the Abuse or Neglect of a Child established by 19
NRS 432.100. 20
Sec. 13. NRS 62G.353 is hereby amended to read as follows: 21
62G.353 1. A department of juvenile justice services shall 22
secure from appropriate law enforcement agencies information on 23
the background and personal history of each applicant for 24
employment with the department of juvenile justice services, and 25
each employee of the department of juvenile justice services, to 26
determine: 27
(a) Whether the applicant or employee has been convicted of: 28
(1) Murder, voluntary manslaughter, involuntary 29
manslaughter or mayhem; 30
(2) Any felony involving the use or threatened use of force or 31
violence or the use of a firearm or other deadly weapon; 32
(3) Assault with intent to kill or to commit sexual assault or 33
mayhem; 34
(4) Battery which results in substantial bodily harm to the 35
victim; 36
(5) Battery that constitutes domestic violence that is 37
punishable as a felony; 38
(6) Battery that constitutes domestic violence, other than a 39
battery described in subparagraph (5), within the immediately 40
preceding 3 years; 41
(7) Sexual assault, statutory sexual seduction, incest, 42
lewdness, indecent exposure or an offense involving [pornography 43
and a minor;] child sexual abuse material; 44
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(8) A crime involving pandering or prostitution, including, 1
without limitation, a violation of any provision of NRS 201.295 to 2
201.440, inclusive; 3
(9) Abuse or neglect of a child, including, without limitation, 4
a violation of any provision of NRS 200.508 or 200.5083 or 5
contributory delinquency; 6
(10) 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
(11) A violation of any federal or state law prohibiting 10
driving or being in actual physical control of a vehicle while under 11
the influence of intoxicating liquor or a controlled substance that is 12
punishable as a felony; 13
(12) A violation of any federal or state law prohibiting 14
driving or being in actual physical control of a vehicle while under 15
the influence of intoxicating liquor or a controlled substance, other 16
than a violation described in subparagraph (11), within the 17
immediately preceding 3 years; 18
(13) Abuse, neglect, exploitation, isolation or abandonment 19
of older persons or vulnerable persons, including, without 20
limitation, a violation of any provision of NRS 200.5091 to 21
200.50995, inclusive, or a law of any other jurisdiction that 22
prohibits the same or similar conduct; or 23
(14) Any offense involving arson, fraud, theft, 24
embezzlement, burglary, robbery, fraudulent conversion, 25
misappropriation of property or perjury within the immediately 26
preceding 7 years; or 27
(b) Whether there are criminal charges pending against the 28
applicant or employee for a violation of an offense listed in 29
paragraph (a). 30
2. A department of juvenile justice services shall request 31
information from: 32
(a) The Statewide Central Registry concerning an applicant for 33
employment with the department of juvenile justice services, or an 34
employee of the department of juvenile justice services, to 35
determine whether there has been a substantiated report of child 36
abuse or neglect made against the applicant or employee; and 37
(b) The central registry of information concerning the abuse or 38
neglect of a child established by any other state in which the 39
applicant or employee resided within the immediately preceding 5 40
years to ensure satisfactory clearance with that registry. 41
3. Each applicant for employment with the department of 42
juvenile justice services, and each employee of the department of 43
juvenile justice services, must submit to the department of juvenile 44
justice services: 45
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(a) A complete set of his or her fingerprints and written 1
authorization to forward those fingerprints to the Central Repository 2
for Nevada Records of Criminal History for submission to the 3
Federal Bureau of Investigation for its report; and 4
(b) Written authorization for the department of juvenile justice 5
services to obtain any information that may be available from the 6
Statewide Central Registry or the central registry of information 7
concerning the abuse or neglect of a child established by any other 8
state in which the applicant or employee resided within the 9
immediately preceding 5 years. 10
4. The department of juvenile justice services may exchange 11
with the Central Repository or the Federal Bureau of Investigation 12
any information concerning the fingerprints submitted pursuant to 13
this section. 14
5. When a report from the Federal Bureau of Investigation is 15
received by the Central Repository, the Central Repository shall 16
immediately forward a copy of the report to the department of 17
juvenile justice services for a determination of whether the applicant 18
or employee has criminal charges pending against him or her for a 19
crime listed in paragraph (a) of subsection 1 or has been convicted 20
of a crime listed in paragraph (a) of subsection 1. 21
6. A department of juvenile justice services shall conduct an 22
investigation of each employee of the department pursuant to this 23
section at least once every 5 years after the initial investigation. 24
7. As used in this section, “Statewide Central Registry” means 25
the Statewide Central Registry for the Collection of Information 26
Concerning the Abuse or Neglect of a Child established by 27
NRS 432.100. 28
Sec. 14. NRS 62H.010 is hereby amended to read as follows: 29
62H.010 1. The fingerprints of a child must be taken if the 30
child is in custody for an unlawful act that, if committed by an adult, 31
would have been: 32
(a) A felony, gross misdemeanor or sexual offense; or 33
(b) A misdemeanor and the unlawful act involved: 34
(1) The use or threatened use of force or violence against the 35
victim; or 36
(2) The possession, use or threatened use of a firearm or a 37
deadly weapon. 38
2. The fingerprints of a child who is in custody but who is not 39
subject to the provisions of subsection 1 may be taken if a law 40
enforcement officer finds latent fingerprints during the investigation 41
of an offense and the officer has reason to believe that the latent 42
fingerprints are those of the child. The officer shall use the 43
fingerprints taken from the child to make an immediate comparison 44
with the latent fingerprints. If the comparison is: 45
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(a) Negative, the fingerprint card and other copies of the 1
fingerprints taken may be immediately destroyed or may be retained 2
for future use. 3
(b) Positive, the fingerprint card and other copies of the 4
fingerprints: 5
(1) Must be delivered to the juvenile court for disposition if 6
the child is referred to the juvenile court. 7
(2) May be immediately destroyed or may be retained for 8
future use if the child is not referred to the juvenile court. 9
3. Fingerprints that are taken from a child pursuant to the 10
provisions of this section: 11
(a) May be retained in a local file or a local system for the 12
automatic retrieval of fingerprints if they are retained under special 13
security measures that limit inspection of the fingerprints to law 14
enforcement officers who are conducting criminal investigations. If 15
the child from whom the fingerprints are taken subsequently is not 16
adjudicated delinquent, the parent or guardian of the child or, when 17
the child becomes at least 18 years of age, the child may petition the 18
juvenile court for the removal of the fingerprints from any local file 19
or local system. 20
(b) Must be submitted to the Central Repository if the child is 21
adjudicated delinquent for an unlawful act that would have been a 22
felony or a sexual offense if committed by an adult, and may be 23
submitted to the Central Repository for any other act. Any such 24
fingerprints submitted to the Central Repository must be submitted 25
with a description of the child and the unlawful act, if any, that the 26
child committed. The Central Repository shall retain the fingerprints 27
and information of the child under special security measures that 28
limit inspection of the fingerprints and the information to: 29
(1) Law enforcement officers who are conducting criminal 30
investigations; and 31
(2) Officers and employees of the Central Repository who 32
are assisting law enforcement officers with criminal investigations 33
or who are conducting research or performing a statistical analysis. 34
(c) Must not be submitted to the Federal Bureau of Investigation 35
unless the child is adjudicated delinquent for an unlawful act that 36
would have been a felony or a sexual offense if committed by an 37
adult. 38
4. A child who is in custody must be photographed for the 39
purpose of identification. Except as otherwise provided in this 40
subsection, the photographs of the child must be kept in the file 41
pertaining to the child under special security measures which 42
provide that the photographs may be inspected only to conduct 43
criminal investigations and photographic lineups. If the juvenile 44
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- *AB35_R1*
court subsequently determines that the child is not delinquent, the 1
juvenile court shall order the photographs to be destroyed. 2
5. Any person who willfully violates any provision of this 3
section is guilty of a misdemeanor. 4
6. As used in this section, “sexual offense” means: 5
(a) Sexual assault pursuant to NRS 200.366; 6
(b) Statutory sexual seduction pursuant to NRS 200.368; 7
(c) Battery with intent to commit sexual assault pursuant to 8
NRS 200.400; 9
(d) An offense involving [pornography and a minor] child 10
sexual abuse material pursuant to NRS 200.710 to 200.730, 11
inclusive; 12
(e) Incest pursuant to NRS 201.180; 13
(f) Open or gross lewdness pursuant to NRS 201.210; 14
(g) Indecent or obscene exposure pursuant to NRS 201.220; 15
(h) Lewdness with a child pursuant to NRS 201.230; 16
(i) Sexual penetration of a dead human body pursuant to 17
NRS 201.450; 18
(j) Luring a child or person with mental illness pursuant to NRS 19
201.560, if punishable as a felony; 20
(k) An attempt to commit an offense listed in paragraphs (a) to 21
(j), inclusive; or 22
(l) An offense that is determined to be sexually motivated 23
pursuant to NRS 175.547. 24
Sec. 15. NRS 62H.220 is hereby amended to read as follows: 25
62H.220 1. For each child adjudicated delinquent for an 26
unlawful act that would have been a sexual offense if committed by 27
an adult, the Division of Child and Family Services shall collect 28
from the juvenile courts, local juvenile probation departments and 29
the staff of the youth correctional services, as directed by the 30
Department of Health and Human Services: 31
(a) The information listed in NRS 62H.210; 32
(b) The name of the child; and 33
(c) All information concerning programs of treatment in which 34
the child participated that: 35
(1) Were directly related to the delinquent act committed by 36
the child; or 37
(2) Were designed or utilized to prevent the commission of 38
another such act by the child in the future. 39
2. The Division of Child and Family Services shall provide the 40
information collected pursuant to subsection 1 to the Director of the 41
Department of Health and Human Services for use in the program 42
established pursuant to NRS 62H.300, 62H.310 and 62H.320. 43
3. Except as otherwise provided in NRS 239.0115, all 44
information containing the name of the child and all information 45
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- *AB35_R1*
relating to programs of treatment in which the child participated is 1
confidential and must not be used for a purpose other than that 2
provided for in this section and NRS 62H.320. 3
4. As used in this section, “sexual offense” means: 4
(a) Sexual assault pursuant to NRS 200.366; 5
(b) Statutory sexual seduction pursuant to NRS 200.368; 6
(c) Battery with intent to commit sexual assault pursuant to 7
NRS 200.400; 8
(d) An offense involving [pornography and a minor] child 9
sexual abuse material pursuant to NRS 200.710 to 200.730, 10
inclusive; 11
(e) Incest pursuant to NRS 201.180; 12
(f) Open or gross lewdness pursuant to NRS 201.210; 13
(g) Indecent or obscene exposure pursuant to NRS 201.220; 14
(h) Lewdness with a child pursuant to NRS 201.230; 15
(i) Sexual penetration of a dead human body pursuant to 16
NRS 201.450; 17
(j) Luring a child using a computer, system or network pursuant 18
to NRS 201.560, if punished as a felony; 19
(k) Annoyance or molestation of a minor pursuant to 20
NRS 207.260; 21
(l) An attempt to commit an offense listed in paragraphs (a) to 22
(k), inclusive; 23
(m) An offense that is determined to be sexually motivated 24
pursuant to NRS 175.547; or 25
(n) An offense committed in another jurisdiction that, if 26
committed in this State, would have been an offense listed in this 27
subsection. 28
Sec. 16. NRS 62H.310 is hereby amended to read as follows: 29
62H.310 As used in this section and NRS 62H.300 and 30
62H.320: 31
1. “Juvenile sex offender” means a child adjudicated 32
delinquent for an act that, if committed by an adult, would be a 33
sexual offense. 34
2. “Sexual offense” means: 35
(a) Sexual assault pursuant to NRS 200.366; 36
(b) Statutory sexual seduction pursuant to NRS 200.368; 37
(c) Battery with intent to commit sexual assault pursuant to 38
NRS 200.400; 39
(d) An offense involving [pornography and a minor] child 40
sexual abuse material pursuant to NRS 200.710 to 200.730, 41
inclusive; 42
(e) Incest pursuant to NRS 201.180; 43
(f) Open or gross lewdness pursuant to NRS 201.210; 44
(g) Indecent or obscene exposure pursuant to NRS 201.220; 45
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- *AB35_R1*
(h) Lewdness with a child pursuant to NRS 201.230; 1
(i) Sexual penetration of a dead human body pursuant to 2
NRS 201.450; 3
(j) Luring a child or a person with mental illness pursuant to 4
NRS 201.560, if punished as a felony; 5
(k) An attempt to commit an offense listed in paragraphs (a) to 6
(j), inclusive; 7
(l) An offense that is determined to be sexually motivated 8
pursuant to NRS 175.547; or 9
(m) An offense committed in another jurisdiction that, if 10
committed in this State, would be an offense listed in this 11
subsection. 12
Sec. 17. NRS 127.1869 is hereby amended to read as follows: 13
127.1869 1. If the court determines that tribal customary 14
adoption is in the best interests, as described in NRS 125E.230, of a 15
ward who is an Indian child and the Indian child’s tribe consents to 16
the tribal customary adoption: 17
(a) The appropriate agency which provides child welfare 18
services shall provide the Indian child’s tribe and proposed tribal 19
customary adoptive parents with a written report on the Indian child, 20
including, without limitation, to the extent not otherwise prohibited 21
by state or federal law, the medical background, if known, of the 22
Indian child’s parents, and the Indian child’s educational 23
information, developmental history and medical background, 24
including all known diagnostic information, current medical reports 25
and any psychological evaluations. 26
(b) The court shall accept a tribal customary adoptive home 27
study conducted by the Indian child’s tribe if the home study: 28
(1) Includes federal criminal background checks, including 29
reports of child abuse, that meet the standards applicable under the 30
laws of this State for all other proposed adoptive placements; 31
(2) Uses the prevailing social and cultural standards of the 32
Indian child’s tribe as the standards for evaluation of the proposed 33
adoptive placement; 34
(3) Includes an evaluation of the background, safety and 35
health information of the proposed adoptive placement, including 36
the biological, psychological and social factors of the proposed 37
adoptive placement and assessment of the commitment, capability 38
and suitability of the proposed adoptive placement to meet the 39
Indian child’s needs; and 40
(4) Except where the proposed adoptive placement is the 41
Indian child’s current foster care placement, is completed before the 42
placement of the Indian child in the proposed adoptive placement. 43
(c) Notwithstanding subsection 2, the court may not accept the 44
tribe’s order or judgment of tribal customary adoption if any adult 45
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- *AB35_R1*
living in the proposed adoptive placement has a felony conviction 1
for child abuse or neglect, spousal abuse, crimes against a child, 2
including child [pornography,] sexual abuse material, or a crime 3
involving violence. The Division shall, by regulation, define “crime 4
involving violence” for the purposes of this paragraph. The 5
definition must include rape, sexual assault and homicide, but must 6
not include other physical assault or battery. 7
2. The court shall accept an order or judgment for tribal 8
customary adoption that is filed by the Indian child’s tribe if: 9
(a) The court determines that tribal customary adoption is an 10
appropriate permanent placement option for the Indian child; 11
(b) The court finds that the tribal customary adoption is in the 12
Indian child’s best interests, as described in NRS 125E.230; and 13
(c) The order or judgment: 14
(1) Includes a description of the modification of the legal 15
relationship of the Indian child’s parents or Indian custodian and the 16
Indian child, including any contact between the Indian child and 17
the Indian child’s parents or Indian custodian, responsibilities of the 18
Indian child’s parents or Indian custodian and the rights of 19
inheritance of the parents and Indian child; 20
(2) Includes a description of the Indian child’s legal 21
relationship with the tribe; and 22
(3) Does not include any child support obligation from the 23
Indian child’s parents or Indian custodian. 24
The court shall afford full faith and credit to a tribal customary 25
adoption order or judgment that is accepted under this subsection. 26
3. A tribal customary adoptive parent is not required to file a 27
petition for adoption when the court accepts a tribal customary 28
adoption order or judgment under subsection 2. The clerk of the 29
court may not charge or collect a fee for a proceeding under this 30
subsection. 31
4. After accepting a tribal customary adoption order or 32
judgment under subsection 2, the court that accepted the order or 33
judgment shall proceed as provided in NRS 127.150 and enter an 34
order or decree of adoption. In addition to the requirements under 35
NRS 127.151, the order or decree of adoption must include a 36
statement that any parental rights or obligations not specified in the 37
order or decree are transferred to the tribal customary adoptive 38
parents and a description of any parental rights or duties retained by 39
the Indian child’s parents, the rights of inheritance of the parents 40
and Indian child and the Indian child’s legal relationship with the 41
child’s tribe. 42
5. A tribal customary adoption under this section does not 43
require the consent of the Indian child or the child’s parents. 44
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- *AB35_R1*
6. Upon the court’s entry of an order or decree of adoption 1
under this section, the court’s jurisdiction over the Indian child 2
terminates. 3
7. Any parental rights or obligations not specifically retained 4
by the Indian child’s parents in the order or decree of adoption are 5
conclusively presumed to transfer to the tribal customary adoptive 6
parents. 7
8. This section remains operative only to the extent that 8
compliance with the provisions of this section do not conflict with 9
federal law as a condition of receiving funding under Title IV-E of 10
the Social Security Act, 42 U.S.C. §§ [601] 670 et seq. 11
9. The Division shall adopt regulations requiring that any 12
report regarding a ward who is an Indian child that an agency which 13
provides child welfare services submits to the court, including any 14
home studies, placement reports or other reports required by law 15
must address tribal customary adoption as a permanency option. The 16
Supreme Court may adopt rules necessary for the court processes to 17
implement the provisions of this section, and the Court 18
Administrator may prepare necessary forms for the implementation 19
of this section. 20
10. As used in this section, “tribal customary adoption” means 21
the adoption of an Indian child, by and through the tribal custom, 22
traditions or law of the child’s tribe, and which may be effected 23
without the termination of parental rights. 24
Sec. 18. NRS 176.133 is hereby amended to read as follows: 25
176.133 As used in NRS 176.133 to 176.161, inclusive, unless 26
the context otherwise requires: 27
1. “Person professionally qualified to conduct psychosexual 28
evaluations” means a person who has received training in 29
conducting psychosexual evaluations and is: 30
(a) A psychiatrist licensed to practice medicine in this State and 31
certified by the American Board of Psychiatry and Neurology, Inc.; 32
(b) A psychologist licensed to practice in this State; 33
(c) A social worker holding a master’s degree in social work and 34
licensed in this State as a clinical social worker; 35
(d) A registered nurse holding a master’s degree in the field of 36
psychiatric nursing and licensed to practice professional nursing in 37
this State; 38
(e) A marriage and family therapist licensed in this State 39
pursuant to chapter 641A of NRS; or 40
(f) A clinical professional counselor licensed in this State 41
pursuant to chapter 641A of NRS. 42
2. “Psychosexual evaluation” means an evaluation conducted 43
pursuant to NRS 176.139. 44
3. “Sexual offense” means: 45
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- *AB35_R1*
(a) Sexual assault pursuant to NRS 200.366; 1
(b) Statutory sexual seduction pursuant to NRS 200.368, if 2
punished as a felony; 3
(c) Battery with intent to commit sexual assault pursuant to 4
NRS 200.400; 5
(d) Abuse of a child pursuant to NRS 200.508, if the abuse 6
involved sexual abuse or sexual exploitation and is punished as a 7
felony; 8
(e) An offense involving [pornography and a minor] child 9
sexual abuse material pursuant to NRS 200.710 to 200.730, 10
inclusive; 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, if 15
punished as a felony; 16
(i) Indecent or obscene exposure pursuant to NRS 201.220, if 17
punished as a felony; 18
(j) Lewdness with a child pursuant to NRS 201.230; 19
(k) Soliciting a child for prostitution pursuant to NRS 201.354; 20
(l) Sexual penetration of a dead human body pursuant to 21
NRS 201.450; 22
(m) Sexual conduct between certain employees of a school or 23
volunteers at a school and a pupil pursuant to NRS 201.540; 24
(n) Sexual conduct between certain employees of a college or 25
university and a student pursuant to NRS 201.550; 26
(o) Luring a child or a person with mental illness pursuant to 27
NRS 201.560, if punished as a felony; 28
(p) An attempt to commit an offense listed in paragraphs (a) to 29
(o), inclusive, if punished as a felony; or 30
(q) An offense that is determined to be sexually motivated 31
pursuant to NRS 175.547 or 207.193. 32
Sec. 19. NRS 176A.110 is hereby amended to read as follows: 33
176A.110 1. The court shall not grant probation to or 34
suspend the sentence of a person convicted of an offense listed in 35
subsection 3 unless: 36
(a) If a psychosexual evaluation of the person is required 37
pursuant to NRS 176.139, the person who conducts the 38
psychosexual evaluation certifies in the report prepared pursuant to 39
NRS 176.139 that the person convicted of the offense does not 40
represent a high risk to reoffend based upon a currently accepted 41
standard of assessment; or 42
(b) If a psychosexual evaluation of the person is not required 43
pursuant to NRS 176.139, a psychologist licensed to practice in this 44
State who is trained to conduct psychosexual evaluations or a 45
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- *AB35_R1*
psychiatrist licensed to practice medicine in this State who is 1
certified by the American Board of Psychiatry and Neurology, Inc., 2
and is trained to conduct psychosexual evaluations certifies in a 3
written report to the court that the person convicted of the offense 4
does not represent a high risk to reoffend based upon a currently 5
accepted standard of assessment. 6
2. This section does not create a right in any person to be 7
certified or to continue to be certified. No person may bring a cause 8
of action against the State, its political subdivisions, or the agencies, 9
boards, commissions, departments, officers or employees of the 10
State or its political subdivisions for not certifying a person pursuant 11
to this section or for refusing to consider a person for certification 12
pursuant to this section. 13
3. The provisions of this section apply to a person convicted of 14
any of the following offenses: 15
(a) Attempted sexual assault of a person who is 16 years of age 16
or older pursuant to NRS 200.366. 17
(b) Statutory sexual seduction pursuant to NRS 200.368. 18
(c) Battery with intent to commit sexual assault pursuant to 19
NRS 200.400. 20
(d) Abuse or neglect of a child pursuant to NRS 200.508. 21
(e) An offense involving [pornography and a minor] child 22
sexual abuse material pursuant to NRS 200.710 to 200.730, 23
inclusive. 24
(f) Fertility fraud pursuant to paragraph (a) of subsection 1 of 25
NRS 200.975. 26
(g) Incest pursuant to NRS 201.180. 27
(h) Open or gross lewdness pursuant to NRS 201.210. 28
(i) Indecent or obscene exposure pursuant to NRS 201.220. 29
(j) Soliciting a child for prostitution pursuant to NRS 201.354. 30
(k) Sexual penetration of a dead human body pursuant to 31
NRS 201.450. 32
(l) Sexual conduct between certain employees of a school or 33
volunteers at a school and a pupil pursuant to NRS 201.540. 34
(m) Sexual conduct between certain employees of a college or 35
university and a student pursuant to NRS 201.550. 36
(n) Luring a child or a person with mental illness pursuant to 37
NRS 201.560, if punished as a felony. 38
(o) A violation of NRS 207.180. 39
(p) An attempt to commit an offense listed in paragraphs (b) to 40
(o), inclusive. 41
(q) Coercion or attempted coercion that is determined to be 42
sexually motivated pursuant to NRS 207.193. 43
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Sec. 20. NRS 176A.413 is hereby amended to read as follows: 1
176A.413 1. Except as otherwise provided in subsection 2, if 2
a defendant is convicted of stalking with the use of an Internet or 3
network site, electronic mail, text messaging or any other similar 4
means of communication pursuant to subsection 4 of NRS 200.575, 5
an offense involving [pornography and a minor] child sexual abuse 6
material pursuant to NRS 200.710 to 200.730, inclusive, luring a 7
child or a person with mental illness through the use of a computer, 8
system or network pursuant to paragraph (a) or (b) of subsection 4 9
of NRS 201.560 or a violation of NRS 201.553 which involved the 10
use of an electronic communication device and the court grants 11
probation or suspends the sentence, the court shall, in addition to 12
any other condition ordered pursuant to NRS 176A.400, order as a 13
condition of probation or suspension that the defendant not own or 14
use a computer, including, without limitation, use electronic mail, a 15
chat room or the Internet. 16
2. The court is not required to impose a condition of probation 17
or suspension of sentence set forth in subsection 1 if the court finds 18
that: 19
(a) The use of a computer by the defendant will assist a law 20
enforcement agency or officer in a criminal investigation; 21
(b) The defendant will use the computer to provide 22
technological training concerning technology of which the 23
defendant has a unique knowledge; or 24
(c) The use of the computer by the defendant will assist 25
companies that require the use of the specific technological 26
knowledge of the defendant that is unique and is otherwise 27
unavailable to the company. 28
3. Except as otherwise provided in subsection 1, if a defendant 29
is convicted of an offense that involved the use of a computer, 30
system or network and the court grants probation or suspends the 31
sentence, the court may, in addition to any other condition ordered 32
pursuant to NRS 176A.400, order as a condition of probation or 33
suspension that the defendant not own or use a computer, including, 34
without limitation, use electronic mail, a chat room or the Internet. 35
4. As used in this section: 36
(a) “Computer” has the meaning ascribed to it in NRS 205.4735 37
and includes, without limitation, an electronic communication 38
device. 39
(b) “Electronic communication device” has the meaning 40
ascribed to it in NRS 200.737. 41
(c) “Network” has the meaning ascribed to it in NRS 205.4745. 42
(d) “System” has the meaning ascribed to it in NRS 205.476. 43
(e) “Text messaging” has the meaning ascribed to it in 44
NRS 200.575. 45
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Sec. 21. NRS 178.5698 is hereby amended to read as follows: 1
178.5698 1. The prosecuting attorney, sheriff or chief of 2
police shall, upon the request of a victim or witness, inform the 3
victim or witness: 4
(a) When the defendant is released from custody at any time 5
before or during the trial, including, without limitation, when the 6
defendant is released pending trial or subject to electronic 7
supervision; 8
(b) If the defendant is so released, the amount of bail required, if 9
any; and 10
(c) Of the final disposition of the criminal case in which the 11
victim or witness was directly involved. 12
2. A request for information pursuant to subsection 1 must be 13
made: 14
(a) In writing; or 15
(b) By telephone through an automated or computerized system 16
of notification, if such a system is available. 17
3. If an offender is convicted of a sexual offense or an offense 18
involving the use or threatened use of force or violence against the 19
victim, the court shall provide: 20
(a) To each witness, documentation that includes: 21
(1) A form advising the witness of the right to be notified 22
pursuant to subsection 5; 23
(2) The form that the witness must use to request notification 24
in writing; and 25
(3) The form or procedure that the witness must use to 26
provide a change of address after a request for notification has been 27
submitted. 28
(b) To each person listed in subsection 4, documentation that 29
includes: 30
(1) A form advising the person of the right to be notified 31
pursuant to subsection 5 or 6 and NRS 176.015, 176A.630, 32
178.4715, 209.392, 209.3923, 209.3925, 209.429, 209.521, 213.010, 33
213.040, 213.095 and 213.131 or NRS 213.10915; 34
(2) The forms that the person must use to request 35
notification; and 36
(3) The forms or procedures that the person must use to 37
provide a change of address after a request for notification has been 38
submitted. 39
4. The following persons are entitled to receive documentation 40
pursuant to paragraph (b) of subsection 3: 41
(a) A person against whom the offense is committed. 42
(b) A person who is injured as a direct result of the commission 43
of the offense. 44
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- *AB35_R1*
(c) If a person listed in paragraph (a) or (b) is under the age of 1
18 years, each parent or guardian who is not the offender. 2
(d) Each surviving spouse, parent and child of a person who is 3
killed as a direct result of the commission of the offense. 4
(e) A relative of a person listed in paragraphs (a) to (d), 5
inclusive, if the relative requests in writing to be provided with the 6
documentation. 7
5. Except as otherwise provided in subsection 6, if the offense 8
was a felony and the offender is imprisoned, the warden of the 9
prison shall, if the victim or witness so requests in writing and 10
provides a current address, notify the victim or witness at that 11
address when the offender is released from the prison. 12
6. If the offender was convicted of a violation of subsection 3 13
of NRS 200.366 or a violation of subsection 1, paragraph (a) of 14
subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of 15
NRS 200.508, the warden of the prison shall notify: 16
(a) The immediate family of the victim if the immediate family 17
provides their current address; 18
(b) Any member of the victim’s family related within the third 19
degree of consanguinity, if the member of the victim’s family so 20
requests in writing and provides a current address; and 21
(c) The victim, if the victim will be 18 years of age or older at 22
the time of the release and has provided a current address, 23
before the offender is released from prison. 24
7. The warden must not be held responsible for any injury 25
proximately caused by the failure to give any notice required 26
pursuant to this section if no address was provided to the warden or 27
if the address provided is inaccurate or not current. 28
8. As used in this section: 29
(a) “Immediate family” means any adult relative of the victim 30
living in the victim’s household. 31
(b) “Sexual offense” means: 32
(1) Sexual assault pursuant to NRS 200.366; 33
(2) Statutory sexual seduction pursuant to NRS 200.368; 34
(3) Battery with intent to commit sexual assault pursuant to 35
NRS 200.400; 36
(4) An offense involving [pornography and a minor] child 37
sexual abuse material pursuant to NRS 200.710 to 200.730, 38
inclusive; 39
(5) Fertility fraud pursuant to paragraph (a) of subsection 1 40
of NRS 200.975; 41
(6) Incest pursuant to NRS 201.180; 42
(7) Open or gross lewdness pursuant to NRS 201.210; 43
(8) Indecent or obscene exposure pursuant to NRS 201.220; 44
(9) Lewdness with a child pursuant to NRS 201.230; 45
– 24 –
- *AB35_R1*
(10) Sexual penetration of a dead human body pursuant to 1
NRS 201.450; 2
(11) Sexual conduct between certain employees of a school 3
or volunteers at a school and a pupil pursuant to NRS 201.540; 4
(12) Sexual conduct between certain employees of a college 5
or university and a student pursuant to NRS 201.550; 6
(13) Luring a child or a person with mental illness pursuant 7
to NRS 201.560, if punished as a felony; 8
(14) An offense that, pursuant to a specific statute, is 9
determined to be sexually motivated; or 10
(15) An attempt to commit an offense listed in this 11
paragraph. 12
Sec. 22. NRS 179.245 is hereby amended to read as follows: 13
179.245 1. Except as otherwise provided in subsection 6 and 14
NRS 176.211, 176A.245, 176A.265, 176A.295, 179.247, 179.259, 15
201.354 and 453.3365, a person may petition the court in which the 16
person was convicted for the sealing of all records relating to a 17
conviction of: 18
(a) A category A felony, a crime of violence or residential 19
burglary pursuant to NRS 205.060 after 10 years from the date of 20
release from actual custody or discharge from parole or probation, 21
whichever occurs later; 22
(b) Except as otherwise provided in paragraphs (a) and (e), a 23
category B, C or D felony after 5 years from the date of release from 24
actual custody or discharge from parole or probation, whichever 25
occurs later; 26
(c) A category E felony after 2 years from the date of release 27
from actual custody or discharge from parole or probation, 28
whichever occurs later; 29
(d) Except as otherwise provided in paragraph (e), any gross 30
misdemeanor after 2 years from the date of release from actual 31
custody or discharge from probation, whichever occurs later; 32
(e) A violation of NRS 422.540 to 422.570, inclusive, a 33
violation of NRS 484C.110 or 484C.120 other than a felony, or a 34
battery which constitutes domestic violence pursuant to NRS 33.018 35
other than a felony, after 7 years from the date of release from actual 36
custody or from the date when the person is no longer under a 37
suspended sentence, whichever occurs later; 38
(f) Except as otherwise provided in paragraph (e), if the offense 39
is punished as a misdemeanor, a battery pursuant to NRS 200.481, 40
harassment pursuant to NRS 200.571, stalking pursuant to NRS 41
200.575 or a violation of a temporary or extended order for 42
protection, after 2 years from the date of release from actual custody 43
or from the date when the person is no longer under a suspended 44
sentence, whichever occurs later; or 45
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- *AB35_R1*
(g) Any other misdemeanor after 1 year from the date of release 1
from actual custody or from the date when the person is no longer 2
under a suspended sentence, whichever occurs later. 3
2. A petition filed pursuant to subsection 1 must: 4
(a) Be accompanied by the petitioner’s current, verified records 5
received from the Central Repository for Nevada Records of 6
Criminal History; 7
(b) If the petition references NRS 453.3365, include a certificate 8
of acknowledgment or the disposition of the proceedings for the 9
records to be sealed from all agencies of criminal justice which 10
maintain such records; 11
(c) Include a list of any other public or private agency, company, 12
official or other custodian of records that is reasonably known to the 13
petitioner to have possession of records of the conviction and to 14
whom the order to seal records, if issued, will be directed; 15
(d) Include information that, to the best knowledge and belief of 16
the petitioner, accurately and completely identifies the records to be 17
sealed, including, without limitation, the: 18
(1) Date of birth of the petitioner; 19
(2) Specific conviction to which the records to be sealed 20
pertain; and 21
(3) Date of arrest relating to the specific conviction to which 22
the records to be sealed pertain; and 23
(e) If applicable, include a statement from the petitioner 24
certifying that at the time the crime for which the records to be 25
sealed was committed, the petitioner was being sex trafficked 26
pursuant to NRS 201.300. 27
3. Upon receiving a petition pursuant to this section, the court 28
shall notify the law enforcement agency that arrested the petitioner 29
for the crime and the prosecuting attorney, including, without 30
limitation, the Attorney General, who prosecuted the petitioner for 31
the crime. The prosecuting attorney and any person having relevant 32
evidence may testify and present evidence at any hearing on the 33
petition. 34
4. If the prosecuting agency that prosecuted the petitioner for 35
the crime stipulates to the sealing of the records, the court shall 36
apply the presumption set forth in NRS 179.2445 and seal the 37
records. If the prosecuting agency does not stipulate to the sealing of 38
the records or does not file a written objection within 30 days after 39
receiving notification pursuant to subsection 3 and the court makes 40
the findings set forth in subsection 5, the court may order the sealing 41
of the records in accordance with subsection 5 without a hearing. If 42
the court does not order the sealing of the records or the prosecuting 43
agency files a written objection, a hearing on the petition must be 44
conducted. At the hearing, unless an objecting party presents 45
– 26 –
- *AB35_R1*
evidence sufficient to rebut the presumption set forth in NRS 1
179.2445, the court shall apply the presumption and seal the records. 2
5. If the court finds that, in the period prescribed in subsection 3
1, the petitioner has not been charged with any offense for which the 4
charges are pending or convicted of any offense, except for minor 5
moving or standing traffic violations, the court may order sealed all 6
records of the conviction which are in the custody of any agency of 7
criminal justice or any public or private agency, company, official 8
or other custodian of records in the State of Nevada, and may also 9
order all such records of the petitioner returned to the file of the 10
court where the proceeding was commenced from, including, 11
without limitation, the Federal Bureau of Investigation and all other 12
agencies of criminal justice which maintain such records and which 13
are reasonably known by either the petitioner or the court to have 14
possession of such records. 15
6. A person may not petition the court to seal records relating 16
to a conviction of: 17
(a) A crime against a child; 18
(b) A sexual offense; 19
(c) Invasion of the home with a deadly weapon pursuant to 20
NRS 205.067; 21
(d) A violation of NRS 484C.110 or 484C.120 that is punishable 22
as a felony pursuant to paragraph (c) of subsection 1 of 23
NRS 484C.400; 24
(e) A violation of NRS 484C.430; 25
(f) A homicide resulting from driving or being in actual physical 26
control of a vehicle while under the influence of intoxicating liquor 27
or a controlled substance or resulting from any other conduct 28
prohibited by NRS 484C.110, 484C.130 or 484C.430; 29
(g) A violation of NRS 488.410 that is punishable as a felony 30
pursuant to NRS 488.427; or 31
(h) A violation of NRS 488.420 or 488.425. 32
7. The provisions of paragraph (e) of subsection 1 and 33
paragraph (d) of subsection 6 must not be construed to preclude a 34
person from being able to petition the court to seal records relating 35
to a conviction for a violation of NRS 484C.110 or 484C.120 36
pursuant to this section if the person was found guilty of a violation 37
of NRS 484C.110 or 484C.120 that is punishable pursuant to: 38
(a) Paragraph (b) of subsection 1 of NRS 484C.400; or 39
(b) Paragraph (c) of subsection 1 of NRS 484C.400 but had a 40
judgment of conviction entered against him or her for a violation of 41
paragraph (b) of subsection 1 of NRS 484C.400 because the person 42
participated in the statewide sobriety and drug monitoring program 43
established pursuant to NRS 484C.392. 44
– 27 –
- *AB35_R1*
8. If the court grants a petition for the sealing of records 1
pursuant to this section, upon the request of the person whose 2
records are sealed, the court may order sealed all records of the civil 3
proceeding in which the records were sealed. 4
9. Notwithstanding any other provision of law, no fee may be 5
charged by any court or agency of criminal justice in this State 6
related to a petition for the sealing of records pursuant to this section 7
if, at the time the crime for which the records to be sealed was 8
committed, the petitioner was being sex trafficked pursuant to NRS 9
201.300. As used in this subsection, “fee” includes, without 10
limitation, any fee to file a petition, obtain fingerprints if provided 11
by a governmental agency of this State, obtain any records of 12
criminal history, obtain records of past arrests and convictions or 13
obtain or certify copies of documents pursuant to NRS 19.013 and 14
any other fee related to the sealing of records pursuant to this 15
section. 16
10. As used in this section: 17
(a) “Crime against a child” has the meaning ascribed to it in 18
NRS 179D.0357. 19
(b) “Sexual offense” means: 20
(1) Murder of the first degree committed in the perpetration 21
or attempted perpetration of sexual assault or of sexual abuse or 22
sexual molestation of a child less than 14 years of age pursuant to 23
paragraph (b) of subsection 1 of NRS 200.030. 24
(2) Sexual assault pursuant to NRS 200.366. 25
(3) Statutory sexual seduction pursuant to NRS 200.368, if 26
punishable as a felony. 27
(4) Battery with intent to commit sexual assault pursuant to 28
NRS 200.400. 29
(5) An offense involving the administration of a drug to 30
another person with the intent to enable or assist the commission of 31
a felony pursuant to NRS 200.405, if the felony is an offense listed 32
in this paragraph. 33
(6) An offense involving the administration of a controlled 34
substance to another person with the intent to enable or assist the 35
commission of a crime of violence, if the crime of violence is an 36
offense listed in this paragraph. 37
(7) Abuse of a child pursuant to NRS 200.508, if the abuse 38
involved sexual abuse or sexual exploitation. 39
(8) An offense involving [pornography and a minor] child 40
sexual abuse material pursuant to NRS 200.710 to 200.730, 41
inclusive. 42
(9) Fertility fraud pursuant to paragraph (a) of subsection 1 43
of NRS 200.975. 44
(10) Incest pursuant to NRS 201.180. 45
– 28 –
- *AB35_R1*
(11) Open or gross lewdness pursuant to NRS 201.210, if 1
punishable as a felony. 2
(12) Indecent or obscene exposure pursuant to NRS 201.220, 3
if punishable as a felony. 4
(13) Lewdness with a child pursuant to NRS 201.230. 5
(14) Sexual penetration of a dead human body pursuant to 6
NRS 201.450. 7
(15) Sexual conduct between certain employees of a school 8
or volunteers at a school and a pupil pursuant to NRS 201.540. 9
(16) Sexual conduct between certain employees of a college 10
or university and a student pursuant to NRS 201.550. 11
(17) Luring a child or a person with mental illness pursuant 12
to NRS 201.560, if punishable as a felony. 13
(18) An attempt to commit an offense listed in this 14
paragraph. 15
Sec. 23. NRS 179A.073 is hereby amended to read as follows: 16
179A.073 1. “Sexual offense” includes acts upon a child 17
constituting: 18
(a) Sexual assault under NRS 200.366; 19
(b) Statutory sexual seduction under NRS 200.368; 20
(c) Use of a minor in producing [pornography] child sexual 21
abuse material under NRS 200.710; 22
(d) Promotion of a sexual performance of a minor under 23
NRS 200.720; 24
(e) Possession of a visual presentation depicting the sexual 25
conduct of a child under NRS 200.730; 26
(f) Incest under NRS 201.180; 27
(g) Lewdness with a child under NRS 201.230; or 28
(h) Luring a child or a person with mental illness pursuant to 29
NRS 201.560, if punished as a felony. 30
2. “Sexual offense” also includes acts committed outside the 31
State that would constitute any of the offenses in subsection 1 if 32
committed in the State, and the aiding, abetting, attempting or 33
conspiring to engage in any of the offenses in subsection 1. 34
Sec. 24. NRS 179D.097 is hereby amended to read as follows: 35
179D.097 1. “Sexual offense” means any of the following 36
offenses: 37
(a) Murder of the first degree committed in the perpetration or 38
attempted perpetration of sexual assault or of sexual abuse or sexual 39
molestation of a child less than 14 years of age pursuant to 40
paragraph (b) of subsection 1 of NRS 200.030. 41
(b) Sexual assault pursuant to NRS 200.366. 42
(c) Statutory sexual seduction pursuant to NRS 200.368. 43
(d) Battery with intent to commit sexual assault pursuant to 44
subsection 4 of NRS 200.400. 45
– 29 –
- *AB35_R1*
(e) An offense involving the administration of a drug to another 1
person with the intent to enable or assist the commission of a felony 2
pursuant to NRS 200.405, if the felony is an offense listed in this 3
subsection. 4
(f) An offense involving the administration of a controlled 5
substance to another person with the intent to enable or assist the 6
commission of a crime of violence, if the crime of violence is an 7
offense listed in this section. 8
(g) Abuse of a child pursuant to NRS 200.508, if the abuse 9
involved sexual abuse or sexual exploitation. 10
(h) An offense involving [pornography and a minor] child 11
sexual abuse material pursuant to NRS 200.710 to 200.730, 12
inclusive. 13
(i) Fertility fraud pursuant to paragraph (a) of subsection 1 of 14
NRS 200.975. 15
(j) Incest pursuant to NRS 201.180. 16
(k) Open or gross lewdness pursuant to NRS 201.210. 17
(l) Indecent or obscene exposure pursuant to NRS 201.220. 18
(m) Lewdness with a child pursuant to NRS 201.230. 19
(n) Sexual penetration of a dead human body pursuant to 20
NRS 201.450. 21
(o) Sexual conduct between certain employees of a school or 22
volunteers at a school and a pupil pursuant to NRS 201.540. 23
(p) Sexual conduct between certain employees of a college or 24
university and a student pursuant to NRS 201.550. 25
(q) Luring a child or a person with mental illness pursuant to 26
NRS 201.560, if punished as a felony. 27
(r) Sex trafficking pursuant to NRS 201.300. 28
(s) Any other offense that has an element involving a sexual act 29
or sexual conduct with another. 30
(t) An attempt or conspiracy to commit an offense listed in 31
paragraphs (a) to (s), inclusive. 32
(u) An offense that is determined to be sexually motivated 33
pursuant to NRS 175.547 or 207.193. 34
(v) An offense committed in another jurisdiction that, if 35
committed in this State, would be an offense listed in this 36
subsection. This paragraph includes, without limitation, an offense 37
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
(w) An offense of a sexual nature committed in another 42
jurisdiction, whether or not the offense would be an offense listed in 43
this section, if the person who committed the offense resides or has 44
resided or is or has been a student or worker in any jurisdiction in 45
– 30 –
- *AB35_R1*
which the person is or has been required by the laws of that 1
jurisdiction to register as a sex offender because of the offense. This 2
paragraph includes, without limitation, an offense prosecuted in: 3
(1) A tribal court. 4
(2) A court of the United States or the Armed Forces of the 5
United States. 6
(3) A court having jurisdiction over juveniles. 7
2. Except for the offenses described in paragraphs (o) and (p) 8
of subsection 1, the term does not include an offense involving 9
consensual sexual conduct if the victim was: 10
(a) An adult, unless the adult was under the custodial authority 11
of the offender at the time of the offense; or 12
(b) At least 13 years of age and the offender was not more than 13
4 years older than the victim at the time of the commission of the 14
offense. 15
Sec. 25. NRS 179D.115 is hereby amended to read as follows: 16
179D.115 “Tier II offender” means an offender convicted of a 17
crime against a child or a sex offender, other than a Tier III 18
offender, whose crime against a child is punishable by 19
imprisonment for more than 1 year or whose sexual offense: 20
1. If committed against a child, constitutes: 21
(a) Luring a child pursuant to NRS 201.560, if punishable as a 22
felony; 23
(b) Abuse of a child pursuant to NRS 200.508, if the abuse 24
involved sexual abuse or sexual exploitation; 25
(c) An offense involving sex trafficking pursuant to NRS 26
201.300 or prostitution pursuant to NRS 201.320 or 201.395; 27
(d) An offense involving [pornography and a minor] child 28
sexual abuse material pursuant to NRS 200.710 to 200.730, 29
inclusive; or 30
(e) Any other offense that is comparable to or more severe than 31
the offenses described in 34 U.S.C. § 20911(3); 32
2. Involves an attempt or conspiracy to commit any offense 33
described in subsection 1; 34
3. If committed in another jurisdiction, is an offense that, if 35
committed in this State, would be an offense listed in this section. 36
This subsection includes, without limitation, an offense prosecuted 37
in: 38
(a) A tribal court; or 39
(b) A court of the United States or the Armed Forces of the 40
United States; or 41
4. Is committed after the person becomes a Tier I offender if 42
any of the person’s sexual offenses constitute an offense punishable 43
by imprisonment for more than 1 year. 44
– 31 –
- *AB35_R1*
Sec. 26. NRS 213.1258 is hereby amended to read as follows: 1
213.1258 1. Except as otherwise provided in subsection 2, if 2
the Board releases on parole a prisoner convicted of stalking with 3
the use of an Internet or network site, electronic mail, text 4
messaging or any other similar means of communication pursuant to 5
subsection 4 of NRS 200.575, an offense involving [pornography 6
and a minor] child sexual abuse material pursuant to NRS 200.710 7
to 200.730, inclusive, luring a child or a person with mental illness 8
through the use of a computer, system or network pursuant to 9
paragraph (a) or (b) of subsection 4 of NRS 201.560 or a violation 10
of NRS 201.553 which involved the use of an electronic 11
communication device, the Board shall, in addition to any other 12
condition of parole, require as a condition of parole that the parolee 13
not own or use a computer, including, without limitation, use 14
electronic mail, a chat room or the Internet. 15
2. The Board is not required to impose a condition of parole set 16
forth in subsection 1 if the Board finds that: 17
(a) The use of a computer by the parolee will assist a law 18
enforcement agency or officer in a criminal investigation; 19
(b) The parolee will use the computer to provide technological 20
training concerning technology of which the defendant has a unique 21
knowledge; or 22
(c) The use of the computer by the parolee will assist companies 23
that require the use of the specific technological knowledge of the 24
parolee that is unique and is otherwise unavailable to the company. 25
3. Except as otherwise provided in subsection 1, if the Board 26
releases on parole a prisoner convicted of an offense that involved 27
the use of a computer, system or network, the Board may, in 28
addition to any other condition of parole, require as a condition of 29
parole that the parolee not own or use a computer, including, 30
without limitation, use electronic mail, a chat room or the Internet. 31
4. As used in this section: 32
(a) “Computer” has the meaning ascribed to it in NRS 205.4735 33
and includes, without limitation, an electronic communication 34
device. 35
(b) “Electronic communication device” has the meaning 36
ascribed to it in NRS 200.737. 37
(c) “Network” has the meaning ascribed to it in NRS 205.4745. 38
(d) “System” has the meaning ascribed to it in NRS 205.476. 39
(e) “Text messaging” has the meaning ascribed to it in 40
NRS 200.575. 41
Sec. 27. NRS 217.050 is hereby amended to read as follows: 42
217.050 “Personal injury” means: 43
1. Actual bodily harm or threat of bodily harm which results in 44
a need for medical treatment; 45
– 32 –
- *AB35_R1*
2. In the case of a minor who was involved in the production of 1
[pornography] child sexual abuse material in violation of NRS 2
200.710, 200.720, 200.725 or 200.730, any harm which results in a 3
need for medical treatment or any psychological or psychiatric 4
counseling, or both; 5
3. Any harm which results from sexual abuse; or 6
4. Any harm which results from a violation of NRS 200.5099 7
or 200.50995. 8
Sec. 28. NRS 217.070 is hereby amended to read as follows: 9
217.070 1. “Victim” means a person who suffers direct or 10
threatened physical, financial or psychological harm as a result of 11
the commission of a crime, including, without limitation: 12
(a) A person who is injured or killed as the direct result of a 13
criminal act; 14
(b) A minor who was involved in the production of 15
[pornography] child sexual abuse material in violation of NRS 16
200.710, 200.720, 200.725 or 200.730; 17
(c) A minor who was sexually abused, as “sexual abuse” is 18
defined in NRS 432B.100; 19
(d) A person who is physically injured or killed as the direct 20
result of a violation of NRS 484C.110 or any act or neglect of duty 21
punishable pursuant to NRS 484C.430 or 484C.440; 22
(e) A pedestrian who is physically injured or killed as the direct 23
result of a driver of a motor vehicle who failed to stop at the scene 24
of a crash involving the driver and the pedestrian in violation of 25
NRS 484E.010; 26
(f) An older person or a vulnerable person who is abused, 27
neglected, exploited, isolated or abandoned in violation of NRS 28
200.5099 or 200.50995; 29
(g) A person who is physically injured or killed as the direct 30
result of an act of international terrorism as defined in 18 U.S.C. § 31
2331(1); 32
(h) A person who is trafficked in violation of subsection 2 of 33
NRS 201.300; 34
(i) A veteran who experienced an act of sexual assault while 35
serving on active duty, active duty for training or inactive duty 36
training; 37
(j) A person who is subjected to facilitating sex trafficking in 38
violation of subsection 1 of NRS 201.301; or 39
(k) A person who is an immediate family member of a victim 40
who: 41
(1) Is a minor; 42
(2) Is physically or mentally incompetent; or 43
(3) Was killed. 44
– 33 –
- *AB35_R1*
2. The term includes any person who was harmed by an act 1
listed in subsection 1, regardless of whether: 2
(a) The person is a resident of this State, a citizen of the United 3
States or is lawfully entitled to reside in the United States; or 4
(b) The act was committed by an adult or a minor. 5
Sec. 29. NRS 217.100 is hereby amended to read as follows: 6
217.100 1. Except as otherwise provided in subsection 5, any 7
person eligible for compensation under the provisions of NRS 8
217.010 to 217.270, inclusive, may apply to the Director for such 9
compensation not later than 24 months after the injury or death for 10
which compensation is claimed or, for a person who is a victim of 11
sex trafficking or facilitating sex trafficking, not later than 60 12
months after the injury or death for which compensation is claimed, 13
unless waived by the Director or a person designated by the Director 14
for good cause shown, and the personal injury or death was the 15
result of an incident or offense that was reported to the police within 16
5 days of its occurrence or, if the incident or offense could not 17
reasonably have been reported within that period, within 5 days of 18
the time when a report could reasonably have been made. 19
2. An order for the payment of compensation must not be 20
made unless the application is made within the time set forth in 21
subsection 1. 22
3. Where the person entitled to make application is: 23
(a) A minor, the application may be made on his or her behalf 24
by a parent or guardian. 25
(b) Mentally incapacitated, the application may be made on his 26
or her behalf by a parent, guardian or other person authorized to 27
administer his or her estate. 28
4. The applicant must submit with his or her application the 29
reports, if reasonably available, from all physicians who, at the time 30
of or subsequent to the victim’s injury or death, treated or examined 31
the victim in relation to the injury for which compensation is 32
claimed. 33
5. The limitations upon payment of compensation established 34
in subsection 1 do not apply to a minor who is sexually abused or 35
who is involved in the production of [pornography.] child sexual 36
abuse material. Such a minor must apply for compensation before 37
reaching 21 years of age. 38
6. As used in this section: 39
(a) “Facilitating sex trafficking” means a violation of 40
NRS 201.301. 41
(b) “Sex trafficking” means a violation of subsection 2 of 42
NRS 201.300. 43
– 34 –
- *AB35_R1*
Sec. 30. NRS 220.125 is hereby amended to read as follows: 1
220.125 1. The Legislative Counsel shall, to the extent 2
practicable, ensure that persons with physical, mental or cognitive 3
disabilities are referred to in Nevada Revised Statutes using 4
language that is commonly viewed as respectful and sentence 5
structure that refers to the person before referring to his or her 6
disability as follows: 7
(a) Words and terms that are preferred for use in Nevada 8
Revised Statutes include, without limitation, “persons with 9
disabilities,” “persons with mental illness,” “persons with 10
developmental disabilities,” “persons with intellectual disabilities” 11
and other words and terms that are structured in a similar manner. 12
(b) Words and terms that are not preferred for use in Nevada 13
Revised Statutes include, without limitation, “disabled,” 14
“handicapped,” “mentally disabled,” “mentally ill,” “mentally 15
retarded” and other words and terms that tend to equate the 16
disability with the person. 17
2. The Legislative Counsel shall, to the extent practicable, 18
ensure that terms related to persons affected by addictive disorders 19
are referred to in Nevada Revised Statutes using language that is 20
commonly viewed as respectful and sentence structure that refers to 21
the person before referring to his or her disorder as follows: 22
(a) Words and terms that are preferred for use in Nevada 23
Revised Statutes include, without limitation, “addictive disorder,” 24
“persons with addictive disorders,” “person with an addictive 25
disorder,” “person with an addictive disorder related to gambling” 26
and “substance use disorder.” 27
(b) Words and terms that are not preferred for use in Nevada 28
Revised Statutes include, without limitation, “addict,” “alcoholic,” 29
“alcohol abuse,” “alcohol abuser,” “alcohol and drug abuser,” “drug 30
abuse,” “drug addict,” “problem gambler,” “substance abuse” and 31
“substance abuser.” 32
3. The Legislative Counsel shall, to the extent practicable, 33
ensure that terms related to persons with mental illness are referred 34
to in Nevada Revised Statutes using language that is commonly 35
viewed as respectful and sentence structure that refers to the person 36
before referring to his or her illness as follows: 37
(a) Words and terms that are preferred for use in Nevada 38
Revised Statutes include, without limitation, “persons with mental 39
illness” and other words and terms that are structured in a similar 40
manner. 41
(b) Words and terms that are not preferred for use in Nevada 42
Revised Statutes include, without limitation, “insane” and 43
“insanity.” 44
– 35 –
- *AB35_R1*
4. The Legislative Counsel shall, to the extent practicable, 1
ensure that terms related to persons who are deaf or hard of hearing 2
are referred to in Nevada Revised Statutes using language that is 3
commonly viewed as respectful and sentence structure that refers to 4
the person before referring to his or her condition. Words and terms 5
that are not preferred for use in Nevada Revised Statutes include, 6
without limitation, “deaf and dumb.” 7
5. The Legislative Counsel shall, to the extent practicable, 8
ensure that: 9
(a) Terms related to persons living with the human 10
immunodeficiency virus are referred to in Nevada Revised Statutes 11
using language that is commonly viewed as respectful and sentence 12
structure that refers to the person before referring to the human 13
immunodeficiency virus as follows: 14
(1) Words and terms that are preferred for use in Nevada 15
Revised Statutes include, without limitation, “person living with the 16
human immunodeficiency virus” and “person diagnosed with the 17
human immunodeficiency virus.” 18
(2) Words and terms that are not preferred for use in Nevada 19
Revised Statutes include, without limitation, “HIV positive” and 20
“human immunodeficiency virus positive.” 21
(b) The human immunodeficiency virus is referred to in Nevada 22
Revised Statutes using language that refers only to the human 23
immunodeficiency virus or HIV rather than using duplicative 24
references to both the human immunodeficiency virus or HIV and 25
acquired immunodeficiency syndrome, acquired immune deficiency 26
syndrome or AIDS. 27
(c) Duplicative references to both communicable diseases and 28
the human immunodeficiency virus or HIV are not used in Nevada 29
Revised Statutes. 30
6. The Legislative Counsel shall, to the extent practicable, 31
ensure that terms related to items or materials that depict or 32
describe a minor as the subject of a sexual portrayal or engaging 33
in or simulating, or assisting others to engage in or simulate, 34
sexual conduct are referred to in Nevada Revised Statutes using 35
language that is commonly viewed as respectful and sentence 36
structure which clearly indicates that a minor depicted or 37
described in any such item or material is a victim as follows: 38
(a) Words and terms that are preferred in Nevada Revised 39
Statutes include, without limitation, “child sexual abuse material” 40
and words and terms that are structured in a similar manner. 41
(b) Words and terms that are not preferred for use in Nevada 42
Revised Statutes include, without limitation, “child pornography.” 43
– 36 –
- *AB35_R1*
Sec. 31. NRS 233B.062 is hereby amended to read as follows: 1
233B.062 1. It is the policy of this State that every regulation 2
of an agency be made easily accessible to the public and expressed 3
in clear and concise language. To assist in carrying out this policy: 4
(a) The Attorney General must develop guidelines for drafting 5
regulations; and 6
(b) Every permanent regulation must be incorporated, excluding 7
any forms used by the agency, any publication adopted by reference, 8
the title, any signature and other formal parts, in the Nevada 9
Administrative Code, and every emergency or temporary regulation 10
must be distributed in the same manner as the Nevada 11
Administrative Code. 12
2. It is the policy of this State that: 13
(a) Persons with physical, mental or cognitive disabilities and 14
persons living with the human immunodeficiency virus are to be 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 the person’s disability or the human 18
immunodeficiency virus, as applicable; 19
(b) Terms related to persons affected by addictive disorders are 20
referred to in the Nevada Administrative Code using language that 21
is commonly viewed as respectful and sentence structure that refers 22
to the person before referring to his or her disorder; 23
(c) Terms related to persons with mental illness are referred to in 24
the Nevada Administrative Code 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; 27
(d) Terms related to persons who are deaf or hard of hearing are 28
referred to in the Nevada Administrative Code using language that 29
is commonly viewed as respectful and sentence structure that refers 30
to the person before referring to his or her condition; [and] 31
(e) References to only the human immunodeficiency virus or 32
HIV should be used in the Nevada Administrative Code instead of 33
duplicative references to both human immunodeficiency virus or 34
HIV and acquired immunodeficiency syndrome, acquired immune 35
deficiency syndrome or AIDS [,] ; and 36
(f) Terms related to items or materials that depict or describe a 37
minor as the subject of a sexual portrayal or engaging in or 38
simulating, or assisting others to engage in or simulate, sexual 39
conduct are referred to in the Nevada Administrative Code using 40
language that is commonly viewed as respectful and sentence 41
structure which clearly indicates that a minor depicted or 42
described in any such item or material is a victim, 43
in the same manner as provided in NRS 220.125 for Nevada 44
Revised Statutes. 45
– 37 –
- *AB35_R1*
3. The Legislative Counsel shall: 1
(a) Include each permanent regulation in the Nevada 2
Administrative Code; and 3
(b) Distribute in the same manner as the Nevada Administrative 4
Code each emergency or temporary regulation, 5
that is required to be adopted pursuant to the provisions of this 6
chapter and which is adopted by an entity other than an agency. 7
4. The Legislative Commission may authorize inclusion in the 8
Nevada Administrative Code of the regulations of an agency 9
otherwise exempted from the requirements of this chapter. 10
Sec. 32. NRS 424.031 is hereby amended to read as follows: 11
424.031 1. The licensing authority or a person or entity 12
designated by the licensing authority shall obtain from appropriate 13
law enforcement agencies information on the background and 14
personal history of each applicant for a license to conduct a foster 15
home, person who is licensed to conduct a foster home, employee of 16
that applicant or licensee, and resident of a foster home who is 18 17
years of age or older, other than a resident who remains under the 18
jurisdiction of a court pursuant to NRS 432B.594, to determine 19
whether the person investigated has been arrested for, has charges 20
pending for or has been convicted of: 21
(a) Murder, voluntary manslaughter or mayhem; 22
(b) Any other felony involving the use or threatened use of force 23
or violence against the victim or the use of a firearm or other deadly 24
weapon; 25
(c) Assault with intent to kill or to commit sexual assault or 26
mayhem; 27
(d) Sexual assault, statutory sexual seduction, incest, lewdness, 28
indecent exposure or any other sexually related crime or a felony 29
relating to prostitution; 30
(e) Abuse or neglect of a child or contributory delinquency; 31
(f) A violation of any federal or state law regulating the 32
possession, distribution or use of any controlled substance or any 33
dangerous drug as defined in chapter 454 of NRS; 34
(g) Abuse, neglect, exploitation, isolation or abandonment of 35
older persons or vulnerable persons, including, without limitation, a 36
violation of any provision of NRS 200.5091 to 200.50995, 37
inclusive, or a law of any other jurisdiction that prohibits the same 38
or similar conduct; 39
(h) Any offense involving fraud, theft, embezzlement, burglary, 40
robbery, fraudulent conversion or misappropriation of property 41
within the immediately preceding 7 years; 42
(i) Any offense relating to [pornography involving minors,] 43
child sexual abuse material, including, without limitation, a 44
violation of any provision of NRS 200.700 to 200.760, inclusive, or 45
– 38 –
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a law of any other jurisdiction that prohibits the same or similar 1
conduct; 2
(j) Prostitution, solicitation, lewdness or indecent exposure, or 3
any other sexually related crime that is punishable as a 4
misdemeanor, within the immediately preceding 7 years; 5
(k) A crime involving domestic violence that is punishable as a 6
felony; 7
(l) A crime involving domestic violence that is punishable as a 8
misdemeanor, within the immediately preceding 7 years; 9
(m) A criminal offense under the laws governing Medicaid or 10
Medicare, within the immediately preceding 7 years; 11
(n) Any offense involving the sale, furnishing, purchase, 12
consumption or possession of alcoholic beverages by a minor 13
including, without limitation, a violation of any provision of NRS 14
202.015 to 202.067, inclusive, or driving a vehicle under the 15
influence of alcohol or a controlled substance in violation of chapter 16
484C of NRS or a law of any other jurisdiction that prohibits the 17
same or similar conduct, within the immediately preceding 7 years; 18
or 19
(o) An attempt or conspiracy to commit any of the offenses 20
listed in this subsection within the immediately preceding 7 years. 21
2. A licensing authority or a person or entity designated by the 22
licensing authority may conduct an investigation of the background 23
and personal history of a person who is 18 years of age or older who 24
routinely supervises a child in a foster home in the same manner as 25
described in subsection 1. 26
3. The licensing authority or its approved designee may charge 27
each person investigated pursuant to this section for the reasonable 28
cost of that investigation. 29
4. Unless a preliminary Federal Bureau of Investigation 30
Interstate Identification Index name-based check of the records of 31
criminal history has been conducted pursuant to NRS 424.039, a 32
person who is required to submit to an investigation pursuant to 33
subsection 1 shall not have contact with a child in a foster home 34
without supervision before the investigation of the background and 35
personal history of the person has been conducted. 36
5. The licensing authority or its designee: 37
(a) Shall conduct an investigation of each licensee, employee 38
and resident pursuant to this section at least once every 5 years after 39
the initial investigation; and 40
(b) May conduct an investigation of any person who is 18 years 41
of age or older who routinely supervises a child in a foster home at 42
such times as it deems appropriate. 43
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Sec. 33. NRS 424.145 is hereby amended to read as follows: 1
424.145 1. The licensing authority or a person designated by 2
the licensing authority shall obtain from appropriate law 3
enforcement agencies information on the background and personal 4
history of each applicant for or holder of a license to conduct a 5
foster care agency and each owner, member of the governing body, 6
employee, paid consultant, contractor, volunteer or vendor of that 7
applicant or licensee who may come into direct contact with a child 8
placed by the foster care agency, to determine whether the person 9
investigated has been arrested for, has charges pending for or has 10
been convicted of: 11
(a) Murder, voluntary manslaughter or mayhem; 12
(b) Any other felony involving the use or threatened use of force 13
or violence against the victim or the use of a firearm or other deadly 14
weapon; 15
(c) Assault with intent to kill or to commit sexual assault or 16
mayhem; 17
(d) Sexual assault, statutory sexual seduction, incest, lewdness, 18
indecent exposure or any other sexually related crime or a felony 19
relating to prostitution; 20
(e) Abuse or neglect of a child or contributory delinquency; 21
(f) A violation of any federal or state law regulating the 22
possession, distribution or use of any controlled substance or any 23
dangerous drug as defined in chapter 454 of NRS; 24
(g) Abuse, neglect, exploitation, isolation or abandonment of 25
older persons or vulnerable persons, including, without limitation, a 26
violation of any provision of NRS 200.5091 to 200.50995, 27
inclusive, or a law of any other jurisdiction that prohibits the same 28
or similar conduct; 29
(h) Any offense involving fraud, theft, embezzlement, burglary, 30
robbery, fraudulent conversion or misappropriation of property 31
within the immediately preceding 7 years; 32
(i) Any offense relating to [pornography involving minors,] 33
child sexual abuse material, including, without limitation, a 34
violation of any provision of NRS 200.700 to 200.760, inclusive, or 35
a law of any other jurisdiction that prohibits the same or similar 36
conduct; 37
(j) Prostitution, solicitation, lewdness or indecent exposure, or 38
any other sexually related crime that is punishable as a 39
misdemeanor, within the immediately preceding 7 years; 40
(k) A crime involving domestic violence that is punishable as a 41
felony; 42
(l) A crime involving domestic violence that is punishable as a 43
misdemeanor, within the immediately preceding 7 years; 44
– 40 –
- *AB35_R1*
(m) A criminal offense under the laws governing Medicaid or 1
Medicare, within the immediately preceding 7 years; 2
(n) Any offense involving the sale, furnishing, purchase, 3
consumption or possession of alcoholic beverages by a minor, 4
including, without limitation, a violation of any provision of NRS 5
202.015 to 202.067, inclusive, or driving a vehicle under the 6
influence of alcohol or a controlled substance in violation of chapter 7
484C of NRS or a law of any other jurisdiction that prohibits the 8
same or similar conduct, within the immediately preceding 7 years; 9
or 10
(o) An attempt or conspiracy to commit any of the offenses 11
listed in this subsection within the immediately preceding 7 years. 12
2. Unless a preliminary Federal Bureau of Investigation 13
Interstate Identification Index name-based check of the records of 14
criminal history has been conducted pursuant to NRS 424.039, a 15
person who is required to submit to an investigation pursuant to this 16
section shall not have contact with a child in a foster home without 17
supervision before the investigation of the background and personal 18
history of the person is completed. 19
3. The licensing authority or its designee shall conduct an 20
investigation of each holder of a license to conduct a foster care 21
agency and each owner, member of a governing body, employee, 22
paid consultant, contractor, volunteer or vendor who may come into 23
direct contact with a child placed by the foster care agency pursuant 24
to this section at least once every 5 years after the initial 25
investigation. 26
Sec. 34. NRS 432.150 is hereby amended to read as follows: 27
432.150 As used in NRS 432.150 to 432.220, inclusive, unless 28
the context otherwise requires: 29
1. “Clearinghouse” means the program established by the 30
Attorney General pursuant to NRS 432.170. 31
2. “Director” means the Director of the Clearinghouse. 32
3. “Exploited child” means a person under the age of 18 years 33
who has been: 34
(a) Used in the production of [pornography] child sexual abuse 35
material in violation of the provisions of NRS 200.710 [;] to 36
200.730, inclusive; 37
(b) Subjected to sexual exploitation as defined in NRS 38
432B.110; or 39
(c) Employed or exhibited in any injurious, immoral or 40
dangerous business or occupation in violation of the provisions of 41
NRS 609.210. 42
4. “Missing child” means a person under the age of 18 years 43
who has run away or is otherwise missing from the lawful care, 44
custody and control of a parent or guardian. 45
– 41 –
- *AB35_R1*
Sec. 35. NRS 432A.170 is hereby amended to read as follows: 1
432A.170 1. The Division may, upon receipt of an 2
application for a license to operate a child care facility, conduct an 3
investigation into the: 4
(a) Buildings or premises of the facility and, if the application is 5
for an outdoor youth program, the area of operation of the program; 6
(b) Qualifications and background of the applicant or the 7
employees of the applicant; 8
(c) Method of operation for the facility; and 9
(d) Policies and purposes of the applicant. 10
2. Subject to the provisions of subsection 7, the Division shall 11
secure from appropriate law enforcement agencies information on 12
the background and personal history of every applicant, licensee, 13
operator of a small child care establishment, employee of an 14
applicant, licensee or small child care establishment, resident of a 15
child care facility or small child care establishment who is 18 years 16
of age or older, other than a resident who remains under the 17
jurisdiction of a court pursuant to NRS 432B.594, or participant in 18
an outdoor youth program who is 18 years of age or older, to 19
determine whether the person has been convicted of: 20
(a) Murder, voluntary manslaughter or mayhem; 21
(b) Any other felony involving the use of a firearm or other 22
deadly weapon; 23
(c) Assault with intent to kill or to commit sexual assault or 24
mayhem; 25
(d) Sexual assault, statutory sexual seduction, incest, lewdness, 26
indecent exposure or any other sexually related crime; 27
(e) Any crime against a child, including, without limitation, 28
abuse, neglect or endangerment of a child, contributory delinquency 29
or [pornography involving a minor;] child sexual abuse material; 30
(f) Arson; 31
(g) Assault; 32
(h) Battery, including, without limitation, battery which 33
constitutes domestic violence; 34
(i) Kidnapping; 35
(j) Any offense relating to the possession or use of any 36
controlled substance or any dangerous drug as defined in chapter 37
454 of NRS within the immediately preceding 5 years; 38
(k) Any offense relating to the distribution or manufacture of 39
any controlled substance or any dangerous drug as defined in 40
chapter 454 of NRS, including, without limitation, possession of a 41
controlled substance for the purpose of sale; 42
(l) Abuse, neglect, exploitation, isolation or abandonment of 43
older persons or vulnerable persons, including, without limitation, a 44
violation of any provision of NRS 200.5091 to 200.50995, 45
– 42 –
- *AB35_R1*
inclusive, or a law of any other jurisdiction that prohibits the same 1
or similar conduct; 2
(m) Any offense involving fraud, theft, embezzlement, burglary, 3
robbery, fraudulent conversion or misappropriation of property 4
within the immediately preceding 7 years; 5
(n) A crime that constitutes domestic violence pursuant to 6
NRS 33.018; 7
(o) A violation of NRS 484C.430; or 8
(p) A violation of NRS 484C.110 or 484C.120 within the 9
immediately preceding 5 years. 10
3. Subject to the provisions of subsection 7, the Division shall 11
request information concerning every applicant, licensee, operator 12
of a small child care establishment, employee of an applicant, 13
licensee or small child care establishment, resident of a child care 14
facility or small child care establishment who is 18 years of age or 15
older, other than a resident who remains under the jurisdiction of a 16
court pursuant to NRS 432B.594, or participant in an outdoor youth 17
program who is 18 years of age or older, from: 18
(a) The Central Repository for Nevada Records of Criminal 19
History for its report concerning a conviction in this State of any of 20
the crimes set forth in subsection 2 and for submission to the 21
Federal Bureau of Investigation for its report pursuant to NRS 22
432A.175; and 23
(b) The Statewide Central Registry for the Collection of 24
Information Concerning the Abuse or Neglect of a Child established 25
pursuant to NRS 432.100 to determine whether there has been a 26
substantiated report of child abuse or neglect made against any of 27
them. 28
4. The Division may charge each person investigated pursuant 29
to this section for the reasonable cost of that investigation. 30
5. The information required to be obtained pursuant to 31
subsections 2 and 3 must be requested concerning an: 32
(a) Employee of an applicant, licensee or small child care 33
establishment, resident of a child care facility or small child care 34
establishment who is 18 years of age or older, other than a resident 35
who remains under the jurisdiction of a court pursuant to NRS 36
432B.594, or participant in an outdoor youth program who is 18 37
years of age or older for an initial background check not later than 3 38
days after the employee is hired, the residency begins or the 39
participant begins participating in the program and before the 40
employee, resident or participant has direct contact with any child at 41
the child care facility, and then at least once every 5 years thereafter. 42
(b) Applicant at the time that an application is submitted for 43
licensure, and then at least once every 5 years after the license is 44
issued. 45
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- *AB35_R1*
(c) Operator of a small child care establishment before the 1
operator begins operating the establishment, and then at least once 2
every 5 years after the establishment begins operating. 3
6. A person who is required to submit to an investigation 4
required pursuant to this section shall not have contact with a child 5
in a child care facility without supervision before the investigation 6
of the background and personal history of the person has been 7
conducted. 8
7. The provisions of subsections 2, 3 and 5 apply to a small 9
child care establishment and an operator of a small child care 10
establishment if the operator of such an establishment has applied or 11
registered with the Division of Welfare and Supportive Services of 12
the Department pursuant to NRS 432A.1756. 13
Sec. 36. NRS 432B.198 is hereby amended to read as follows: 14
432B.198 1. An agency which provides child welfare 15
services shall secure from appropriate law enforcement agencies 16
information on the background and personal history of each 17
applicant for employment with the agency, and each employee of 18
the agency, to determine: 19
(a) Whether the applicant or employee has been convicted of: 20
(1) Murder, voluntary manslaughter, involuntary 21
manslaughter or mayhem; 22
(2) Any other felony involving the use or threatened use of 23
force or violence or the use of a firearm or other deadly weapon; 24
(3) Assault with intent to kill or to commit sexual assault or 25
mayhem; 26
(4) Battery which results in substantial bodily harm to the 27
victim; 28
(5) Battery that constitutes domestic violence that is 29
punishable as a felony; 30
(6) Battery that constitutes domestic violence, other than a 31
battery described in subparagraph (5), within the immediately 32
preceding 3 years; 33
(7) Sexual assault, statutory sexual seduction, incest, 34
lewdness, indecent exposure, an offense involving [pornography and 35
a minor] child sexual abuse material or any other sexually related 36
crime; 37
(8) A crime involving pandering or prostitution, including, 38
without limitation, a violation of any provision of NRS 201.295 to 39
201.440, inclusive, other than a violation of NRS 201.354 by 40
engaging in prostitution; 41
(9) Abuse or neglect of a child, including, without limitation, 42
a violation of any provision of NRS 200.508 or 200.5083; 43
(10) A violation of any federal or state law regulating the 44
possession, distribution or use of any controlled substance or any 45
– 44 –
- *AB35_R1*
dangerous drug as defined in chapter 454 of NRS within the 1
immediately preceding 3 years; 2
(11) 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 that is 5
punishable as a felony; 6
(12) A violation of any federal or state law prohibiting 7
driving or being in actual physical control of a vehicle while under 8
the influence of intoxicating liquor or a controlled substance, other 9
than a violation described in subparagraph (11), within the 10
immediately preceding 3 years; 11
(13) Abuse, neglect, exploitation, isolation or abandonment 12
of older persons or vulnerable persons, including, without 13
limitation, a violation of any provision of NRS 200.5091 to 14
200.50995, inclusive, or a law of any other jurisdiction that 15
prohibits the same or similar conduct; or 16
(14) Any offense involving arson, fraud, theft, 17
embezzlement, burglary, robbery, fraudulent conversion, 18
misappropriation of property or perjury within the immediately 19
preceding 7 years; or 20
(b) Whether there are criminal charges pending against the 21
applicant or employee for a crime listed in paragraph (a). 22
2. An agency which provides child welfare services shall 23
request information from: 24
(a) The Statewide Central Registry concerning an applicant for 25
employment with the agency, or an employee of the agency, to 26
determine whether there has been a substantiated report of child 27
abuse or neglect made against the applicant or employee; and 28
(b) The central registry of information concerning the abuse or 29
neglect of a child established by any other state in which the 30
applicant or employee resided within the immediately preceding 5 31
years to ensure satisfactory clearance with that registry. 32
3. Each applicant for employment with an agency which 33
provides child welfare services, and each employee of an agency 34
which provides child welfare services, must submit to the agency: 35
(a) A complete set of his or her fingerprints and written 36
authorization to forward those fingerprints to the Central Repository 37
for Nevada Records of Criminal History for submission to the 38
Federal Bureau of Investigation for its report; and 39
(b) Written authorization for the agency to obtain any 40
information that may be available from the Statewide Central 41
Registry or the central registry of information concerning the abuse 42
or neglect of a child established by any other state in which the 43
applicant or employee resided within the immediately preceding 5 44
years. 45
– 45 –
- *AB35_R1*
4. An agency which provides child welfare services may 1
exchange with the Central Repository or the Federal Bureau of 2
Investigation any information concerning the fingerprints submitted 3
pursuant to this section. 4
5. When a report from the Federal Bureau of Investigation is 5
received by the Central Repository, the Central Repository shall 6
immediately forward a copy of the report to the agency which 7
provides child welfare services for a determination of whether the 8
applicant or employee has criminal charges pending against him or 9
her for a crime listed in paragraph (a) of subsection 1 or has been 10
convicted of a crime listed in paragraph (a) of subsection 1. 11
6. An agency which provides child welfare services shall 12
conduct an investigation of each employee of the agency pursuant to 13
this section at least once every 5 years after the initial investigation. 14
7. For the purposes of this section, the period during which 15
criminal charges are pending against an applicant or employee for a 16
crime listed in paragraph (a) of subsection 1 begins when the 17
applicant or employee is arrested for such a crime and ends when: 18
(a) A determination is made as to the guilt or innocence of the 19
applicant or employee with regard to such a crime at a trial or by a 20
plea; or 21
(b) The prosecuting attorney makes a determination to: 22
(1) Decline charging the applicant or employee with a crime 23
listed in paragraph (a) of subsection 1; or 24
(2) Proceed with charges against the applicant or employee 25
for only one or more crimes not listed in paragraph (a) of 26
subsection 1. 27
8. As used in this section, “Statewide Central Registry” means 28
the Statewide Central Registry for the Collection of Information 29
Concerning the Abuse or Neglect of a Child established by 30
NRS 432.100. 31
Sec. 37. NRS 433B.183 is hereby amended to read as follows: 32
433B.183 1. A division facility which provides residential 33
treatment to children shall secure from appropriate law enforcement 34
agencies information on the background and personal history of 35
each employee of the facility to determine: 36
(a) Whether the employee has been convicted of: 37
(1) Murder, voluntary manslaughter, involuntary 38
manslaughter or mayhem; 39
(2) Any other felony involving the use or threatened use of 40
force or violence or the use of a firearm or other deadly weapon; 41
(3) Assault with intent to kill or to commit sexual assault or 42
mayhem; 43
(4) Battery which results in substantial bodily harm to the 44
victim; 45
– 46 –
- *AB35_R1*
(5) Battery that constitutes domestic violence that is 1
punishable as a felony; 2
(6) Battery that constitutes domestic violence, other than a 3
battery described in subparagraph (5), within the immediately 4
preceding 3 years; 5
(7) Sexual assault, statutory sexual seduction, incest, 6
lewdness, indecent exposure, an offense involving [pornography and 7
a minor] child sexual abuse material or any other sexually related 8
crime; 9
(8) A crime involving pandering or prostitution, including, 10
without limitation, a violation of any provision of NRS 201.295 to 11
201.440, inclusive, other than a violation of NRS 201.354 by 12
engaging in prostitution; 13
(9) Abuse or neglect of a child, including, without limitation, 14
a violation of any provision of NRS 200.508 or 200.5083; 15
(10) A violation of any federal or state law regulating the 16
possession, distribution or use of any controlled substance or any 17
dangerous drug as defined in chapter 454 of NRS within the 18
immediately preceding 3 years; 19
(11) A violation of any federal or state law prohibiting 20
driving or being in actual physical control of a vehicle while under 21
the influence of intoxicating liquor or a controlled substance that is 22
punishable as a felony; 23
(12) A violation of any federal or state law prohibiting 24
driving or being in actual physical control of a vehicle while under 25
the influence of intoxicating liquor or a controlled substance, other 26
than a violation described in subparagraph (11), within the 27
immediately preceding 3 years; 28
(13) Abuse, neglect, exploitation, isolation or abandonment 29
of older persons or vulnerable persons, including, without 30
limitation, a violation of any provision of NRS 200.5091 to 31
200.50995, inclusive, or a law of any other jurisdiction that 32
prohibits the same or similar conduct; or 33
(14) Any offense involving arson, fraud, theft, 34
embezzlement, burglary, robbery, fraudulent conversion, 35
misappropriation of property or perjury within the immediately 36
preceding 7 years; or 37
(b) Whether there are criminal charges pending against the 38
employee for a crime listed in paragraph (a). 39
2. An employee must submit to the Division a complete set of 40
fingerprints and written authorization to forward those fingerprints 41
to the Central Repository for Nevada Records of Criminal History 42
for submission to the Federal Bureau of Investigation for its report. 43
– 47 –
- *AB35_R1*
3. The Division may exchange with the Central Repository or 1
the Federal Bureau of Investigation any information concerning the 2
fingerprints submitted. 3
4. The Division may charge an employee investigated pursuant 4
to this section for the reasonable cost of that investigation. 5
5. When a report from the Federal Bureau of Investigation is 6
received by the Central Repository, the Central Repository shall 7
immediately forward a copy of the report to the Division for a 8
determination of whether the employee has criminal charges 9
pending against him or her for a crime listed in paragraph (a) of 10
subsection 1 or has been convicted of a crime listed in paragraph (a) 11
of subsection 1. 12
6. An employee who is required to submit to an investigation 13
required pursuant to this section shall not have contact with a child 14
in a division facility without supervision before the investigation of 15
the background and personal history of the employee has been 16
conducted. 17
7. The division facility shall conduct an investigation of each 18
employee pursuant to this section at least once every 5 years after 19
the initial investigation. 20
8. For the purposes of this section, the period during which 21
criminal charges are pending against an employee for a crime listed 22
in paragraph (a) of subsection 1 begins when the employee is 23
arrested for such a crime and ends when: 24
(a) A determination is made as to the guilt or innocence of the 25
employee with regard to such a crime at a trial or by a plea; or 26
(b) The prosecuting attorney makes a determination to: 27
(1) Decline charging the employee with a crime listed in 28
paragraph (a) of subsection 1; or 29
(2) Proceed with charges against the employee for only one 30
or more crimes not listed in paragraph (a) of subsection 1. 31
Sec. 38. This act becomes effective upon passage and 32
approval. 33
H