A.B. 45
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ASSEMBLY BILL NO. 45–COMMITTEE
ON GOVERNMENT AFFAIRS
(ON BEHALF OF THE ATTORNEY GENERAL)
PREFILED NOVEMBER 19, 2024
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions relating to certain public bodies.
(BDR 18-504)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to public bodies; renaming the Account for
Programs Related to Domestic Violence; revising
provisions governing the expenditures authorized from
the Account; renaming the Committee on Domestic
Violence; revising the membership and duties of the
Committee; transferring certain duties from the Sexual
Assault Kit Working Group to the Committee; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law creates the Committee on Domestic Violence and requires the 1
Committee to carry out certain duties relating to domestic violence, including 2
increasing awareness, reviewing certain programs provided to peace officers for 3
training related to domestic violence and making recommendations regarding such 4
training, providing financial support to certain programs for the prevention of 5
domestic violence under certain circumstances and studying certain issues relating 6
to domestic violence. (NRS 228.470) Section 4 of this bill requires the Committee 7
to also perform such duties as they relate to sexual assault. 8
Section 4 also requires the Committee to: (1) make recommendations relating 9
to the need for additional sexual assault victims’ advocates; (2) make 10
recommendations relating to the need for ongoing evaluation of the rights of 11
survivors; and (3) review the effectiveness of the statewide program to track sexual 12
assault forensic evidence kits. 13
Section 4 further renames the Committee on Domestic Violence to the 14
Committee on Domestic Violence and Sexual Assault to reflect the expansion of 15
duties of the Committee. Sections 1, 2, 7, 8 and 10-16 of this bill make conforming 16
changes to reflect the renaming of the Committee. 17
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Existing law sets forth the membership of the Committee, which consists of: (1) 18
certain persons appointed by the Attorney General, including two survivors of 19
domestic violence; and (2) one member who is a representative of the Division of 20
Public and Behavioral Health of the Department of Health and Human Services 21
who has certain experience and is appointed by the Administrator of the Division. 22
(NRS 228.470) Section 4 revises the membership of the Committee by reducing the 23
number of survivors of domestic violence who are members of the Committee from 24
two to one and requiring the Attorney General to additionally appoint to the 25
Committee: (1) one staff member of a program for victims of sexual assault; (2) 26
one survivor of sexual assault; and (3) one medical professional with experience in 27
working with sexual assault forensic evidence kits. 28
Existing law requires the Attorney General to designate a department or 29
division of the Executive Department of State Government to establish a statewide 30
program to track sexual assault forensic evidence kits. Existing law further requires 31
such a designation to be made pursuant to the recommendation of the Sexual 32
Assault Kit Working Group, which is the statewide working group led by the 33
Office of the Attorney General to create policies and procedures to address the 34
backlog of sexual assault forensic evidence kits that have not been tested. (NRS 35
200.3788) Section 9 of this bill requires such a designation to instead be made 36
pursuant to the recommendation of the Committee. 37
Existing law creates the Account for Programs Related to Domestic Violence 38
and authorizes the Ombudsman for Victims of Domestic Violence, Sexual Assault 39
and Human Trafficking to expend money in the Account for certain purposes 40
relating to domestic violence, including training certain persons about domestic 41
violence, assisting victims of domestic violence and educating the public on 42
domestic violence. (NRS 228.460) Section 3 of this bill authorizes the Ombudsman 43
to expend money in the Account for such purposes as they relate to sexual assault. 44
Section 3 additionally renames the Account for Programs Related to Domestic 45
Violence as the Account for Programs Related to Domestic Violence and Sexual 46
Assault to reflect the changes made by section 3 to the scope of authorized 47
expenditures from the Account. Sections 5 and 6 of this bill make conforming 48
changes to reflect the renaming of the Account. 49
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 228.205 is hereby amended to read as follows: 1
228.205 1. There is hereby created in the Office of the 2
Attorney General the Victim Information Notification Everyday 3
System, which consists of a toll-free telephone number and an 4
Internet website through which victims of crime and members of the 5
public may register to receive automated information and 6
notification concerning changes in the custody status of an offender. 7
2. The Committee on Domestic Violence and Sexual Assault 8
appointed pursuant to NRS 228.470 shall serve as the Governance 9
Committee for the System. 10
3. The Governance Committee may adopt policies, protocols 11
and regulations for the operation and oversight of the System. 12
4. The Attorney General may apply for and accept gifts, grants 13
and donations for use in carrying out the provisions of this section. 14
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5. To the extent of available funding, each sheriff and chief of 1
police, the Department of Corrections, the Department of Public 2
Safety and the State Board of Parole Commissioners shall cooperate 3
with the Attorney General to establish and maintain the System. 4
6. The failure of the System to notify a victim of a crime of a 5
change in the custody status of an offender does not establish a basis 6
for any cause of action by the victim or any other party against the 7
State, its political subdivisions, or the agencies, boards, 8
commissions, departments, officers or employees of the State or its 9
political subdivisions. 10
7. As used in this section: 11
(a) “Custody status” means the transfer of the custody of an 12
offender or the release or escape from custody of an offender. 13
(b) “Offender” means a person convicted of a crime and 14
sentenced to imprisonment in a county jail or in the state prison. 15
Sec. 2. NRS 228.427 is hereby amended to read as follows: 16
228.427 “Committee” means the Committee on Domestic 17
Violence and Sexual Assault appointed pursuant to NRS 228.470. 18
Sec. 3. NRS 228.460 is hereby amended to read as follows: 19
228.460 1. The Account for Programs Related to Domestic 20
Violence and Sexual Assault is hereby created in the State General 21
Fund. Any fee imposed and collected pursuant to NRS 176.094 22
must be deposited with the State Controller for credit to the 23
Account. 24
2. The Ombudsman for Victims of Domestic Violence, Sexual 25
Assault and Human Trafficking: 26
(a) Shall administer the Account for Programs Related to 27
Domestic Violence [;] and Sexual Assault; and 28
(b) May expend money in the Account only to pay for expenses 29
related to: 30
(1) The Committee; 31
(2) Training law enforcement officers, attorneys and 32
members of the judicial system about domestic violence [;] and 33
sexual assault; 34
(3) Assisting victims of domestic violence and sexual 35
assault and educating the public concerning domestic violence [;] 36
and sexual assault; and 37
(4) Carrying out the duties and functions of his or her office. 38
3. All claims against the Account for Programs Related to 39
Domestic Violence and Sexual Assault must be paid as other claims 40
against the State are paid. 41
Sec. 4. NRS 228.470 is hereby amended to read as follows: 42
228.470 1. The Committee on Domestic Violence and 43
Sexual Assault is hereby created. The Committee is comprised of 44
the Attorney General or a designee of the Attorney General and: 45
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(a) The following members appointed by the Attorney General: 1
(1) One staff member of a program for victims of domestic 2
violence; 3
(2) One staff member of a program for victims of sexual 4
assault; 5
(3) One staff member of a program for the treatment of 6
persons who commit domestic violence; 7
[(3)] (4) One representative from an office of the district 8
attorney with experience in prosecuting criminal offenses; 9
[(4)] (5) One representative from an office of the city 10
attorney with experience in prosecuting criminal offenses; 11
[(5)] (6) One law enforcement officer; 12
[(6)] (7) One provider of mental health care; 13
[(7) Two survivors] 14
(8) One survivor of domestic violence; 15
[(8)] (9) One survivor of sexual assault; 16
(10) One justice of the peace or municipal judge; 17
[(9)] (11) One representative from the Office of Court 18
Administrator; [and 19
(10)] (12) One medical professional with experience in 20
working with sexual assault forensic evidence kits; and 21
(13) Any other person appointed by the Attorney General. 22
(b) One member who is a representative of the Division of 23
Public and Behavioral Health of the Department of Health and 24
Human Services, who is appointed by the Administrator of the 25
Division and who has experience related to the certification of 26
programs for the treatment of persons who commit domestic 27
violence. 28
Each appointed member serves a term of 2 years. Members may 29
be reappointed for additional terms of 2 years. At least two members 30
of the Committee must be residents of a county whose population is 31
less than 100,000. 32
2. The Committee shall: 33
(a) Increase awareness of the existence and unacceptability of 34
domestic violence and sexual assault in this State; 35
(b) Review and evaluate existing programs provided to peace 36
officers for training related to domestic violence and sexual assault 37
and make recommendations to the Peace Officers’ Standards and 38
Training Commission regarding such training; 39
(c) To the extent that money is available, provide financial 40
support to programs for the prevention of domestic violence and 41
sexual assault in this State; 42
(d) Study and review all appropriate issues related to the 43
administration of the criminal justice system in rural Nevada with 44
respect to offenses involving domestic violence [,] and sexual 45
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assault, including, without limitation, the availability of counseling 1
services; 2
(e) Study issues that relate to domestic violence [,] and sexual 3
assault, including, without limitation, the intersections between 4
domestic violence and sexual assault and domestic violence and 5
human trafficking; 6
(f) Make recommendations regarding whether a need exists: 7
(1) For additional sexual assault victims’ advocates and, if 8
such a need exists, create a plan for how the State can provide 9
additional sexual assault victims’ advocates to meet such a need; 10
(2) To provide ongoing evaluation of the implementation of 11
the rights of survivors pursuant to the Sexual Assault Survivors’ 12
Bill of Rights and, if such a need exists, shall: 13
(I) Identify the scope and nature of the need; and 14
(II) Make recommendations on how to best fill such a 15
need, legislatively or otherwise; 16
(g) Review the effectiveness of the statewide program to track 17
sexual assault forensic evidence kits established pursuant to NRS 18
200.3788; and 19
[(f)] (h) Submit on or before March 1 of each odd-numbered 20
year a report to the Director of the Legislative Counsel Bureau for 21
distribution to the regular session of the Legislature. In preparing the 22
report, the Committee shall solicit comments and recommendations 23
from district judges, municipal judges and justices of the peace in 24
rural Nevada. The report must include, without limitation: 25
(1) A summary of the work of the Committee and 26
recommendations for any necessary legislation concerning domestic 27
violence [;] and sexual assault; and 28
(2) All comments and recommendations received by the 29
Committee. 30
3. The Attorney General or the designee of the Attorney 31
General is the Chair of the Committee. 32
4. The Committee shall annually elect a Vice Chair from 33
among its members. 34
5. The Committee shall meet regularly at least three times in 35
each calendar year and may meet at other times upon the call of the 36
Chair. 37
6. At least one meeting in each calendar year must be held at a 38
location within the Fourth Judicial District, Fifth Judicial District, 39
Sixth Judicial District, Seventh Judicial District or Eleventh Judicial 40
District. 41
7. The Attorney General shall provide the Committee with 42
such staff as is necessary to carry out the duties of the Committee. 43
8. While engaged in the business of the Committee, each 44
member and employee of the Committee is entitled to receive the 45
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per diem allowance and travel expenses provided for state officers 1
and employees generally. 2
9. The Committee may adopt regulations necessary to carry out 3
its duties pursuant to NRS 228.470 to 228.497, inclusive. 4
10. As used in this section: 5
(a) “Sexual assault forensic evidence kit” has the meaning 6
ascribed to it in NRS 200.364. 7
(b) “Sexual assault victims’ advocate” has the meaning 8
ascribed to it in NRS 178A.120. 9
(c) “Survivor” has the meaning ascribed to it in 10
NRS 178A.140. 11
Sec. 5. NRS 228.490 is hereby amended to read as follows: 12
228.490 The Committee may apply for and accept gifts, grants, 13
donations and contributions from any source for the purpose of 14
carrying out its duties pursuant to NRS 228.470. Any money that 15
the Committee receives pursuant to this section must be deposited in 16
and accounted for separately in the Account for Programs Related to 17
Domestic Violence and Sexual Assault created pursuant to NRS 18
228.460 for use by the Committee in carrying out its duties. 19
Sec. 6. NRS 176.094 is hereby amended to read as follows: 20
176.094 In addition to any other fine or penalty, if the court 21
finds that a person is guilty of committing an act which constitutes 22
domestic violence pursuant to NRS 33.018, the court shall: 23
1. Enter a finding of fact in the judgment of conviction. 24
2. Order the person to pay a fee of $35. Any money so 25
collected must be paid by the clerk of the court to the State 26
Controller on or before the fifth day of each month for the preceding 27
month for credit to the Account for Programs Related to Domestic 28
Violence and Sexual Assault established pursuant to NRS 228.460. 29
3. Require for the: 30
(a) First offense within 7 years of any act which constitutes 31
domestic violence, the person to participate in weekly counseling 32
sessions of not less than 1 1/2 hours per week for not less than 6 33
months, but not more than 12 months, at his or her expense, in a 34
program for the treatment of persons who commit domestic violence 35
that has been certified pursuant to NRS 439.258; or 36
(b) Second offense within 7 years of any act which constitutes 37
domestic violence, the person to participate in weekly counseling 38
sessions of not less than 1 1/2 hours per week for 12 months, at his 39
or her expense, in a program for the treatment of persons who 40
commit domestic violence that has been certified pursuant to 41
NRS 439.258. 42
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Sec. 7. NRS 179A.075 is hereby amended to read as follows: 1
179A.075 1. The Central Repository for Nevada Records of 2
Criminal History is hereby created within the Records, 3
Communications and Compliance Division of the Department. 4
2. Each agency of criminal justice and any other agency 5
dealing with crime shall: 6
(a) Collect and maintain records, reports and compilations of 7
statistical data required by the Department; and 8
(b) Submit the information collected to the Central Repository: 9
(1) In the manner approved by the Director of the 10
Department; and 11
(2) In accordance with the policies, procedures and 12
definitions of the Uniform Crime Reporting Program of the Federal 13
Bureau of Investigation. 14
3. Each agency of criminal justice shall submit the information 15
relating to records of criminal history that it creates, issues or 16
collects, and any information in its possession relating to the DNA 17
profile of a person from whom a biological specimen is obtained 18
pursuant to NRS 176.09123 or 176.0913, to the Division. The 19
information must be submitted to the Division: 20
(a) Through an electronic network; 21
(b) On a medium of magnetic storage; or 22
(c) In the manner prescribed by the Director of the Department, 23
within 60 days after the date of the disposition of the case. If an 24
agency has submitted a record regarding the arrest of a person who 25
is later determined by the agency not to be the person who 26
committed the particular crime, the agency shall, immediately upon 27
making that determination, so notify the Division. The Division 28
shall delete all references in the Central Repository relating to that 29
particular arrest. 30
4. Each state and local law enforcement agency shall submit 31
Uniform Crime Reports to the Central Repository: 32
(a) In the manner prescribed by the Director of the Department; 33
(b) In accordance with the policies, procedures and definitions 34
of the Uniform Crime Reporting Program of the Federal Bureau of 35
Investigation; and 36
(c) Within the time prescribed by the Director of the 37
Department. 38
5. The Division shall, in the manner prescribed by the Director 39
of the Department: 40
(a) Collect, maintain and arrange all information submitted to it 41
relating to: 42
(1) Records of criminal history; and 43
(2) The DNA profile of a person from whom a biological 44
specimen is obtained pursuant to NRS 176.09123 or 176.0913. 45
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(b) When practicable, use a record of the personal identifying 1
information of a subject as the basis for any records maintained 2
regarding him or her. 3
(c) Upon request, provide, in paper or electronic form, the 4
information that is contained in the Central Repository to the 5
Committee on Domestic Violence and Sexual Assault appointed 6
pursuant to NRS 228.470 when, pursuant to NRS 228.495, the 7
Committee is reviewing the death of the victim of a crime that 8
constitutes domestic violence pursuant to NRS 33.018. 9
6. The Division may: 10
(a) Disseminate any information which is contained in the 11
Central Repository to any other agency of criminal justice; 12
(b) Enter into cooperative agreements with repositories of the 13
United States and other states to facilitate exchanges of information 14
that may be disseminated pursuant to paragraph (a); and 15
(c) Request of and receive from the Federal Bureau of 16
Investigation information on the background and personal history of 17
any person whose record of fingerprints or other biometric identifier 18
the Central Repository submits to the Federal Bureau of 19
Investigation and: 20
(1) Who has applied to any agency of the State of Nevada or 21
any political subdivision thereof for a license which it has the power 22
to grant or deny; 23
(2) With whom any agency of the State of Nevada or any 24
political subdivision thereof intends to enter into a relationship of 25
employment or a contract for personal services; 26
(3) Who has applied to any agency of the State of Nevada or 27
any political subdivision thereof to attend an academy for training 28
peace officers approved by the Peace Officers’ Standards and 29
Training Commission; 30
(4) For whom such information is required or authorized to 31
be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 32
432A.170, 432B.198, 433B.183, 449.123 and 449.4329; or 33
(5) About whom any agency of the State of Nevada or any 34
political subdivision thereof is authorized by law to have accurate 35
personal information for the protection of the agency or the persons 36
within its jurisdiction. 37
7. To request and receive information from the Federal Bureau 38
of Investigation concerning a person pursuant to subsection 6, the 39
Central Repository must receive: 40
(a) The person’s complete set of fingerprints for the purposes of: 41
(1) Booking the person into a city or county jail or detention 42
facility; 43
(2) Employment; 44
(3) Contractual services; or 45
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(4) Services related to occupational licensing; 1
(b) One or more of the person’s fingerprints for the purposes of 2
mobile identification by an agency of criminal justice; or 3
(c) Any other biometric identifier of the person as it may require 4
for the purposes of: 5
(1) Arrest; or 6
(2) Criminal investigation, 7
from the agency of criminal justice or agency of the State of 8
Nevada or any political subdivision thereof and submit the received 9
data to the Federal Bureau of Investigation for its report. 10
8. The Central Repository shall: 11
(a) Collect and maintain records, reports and compilations of 12
statistical data submitted by any agency pursuant to subsection 2. 13
(b) Tabulate and analyze all records, reports and compilations of 14
statistical data received pursuant to this section. 15
(c) Disseminate to federal agencies engaged in the collection of 16
statistical data relating to crime information which is contained in 17
the Central Repository. 18
(d) Investigate the criminal history of any person who: 19
(1) Has applied to the Superintendent of Public Instruction 20
for the issuance or renewal of a license; 21
(2) Has applied to a county school district, charter school or 22
private school for employment or to serve as a volunteer; or 23
(3) Is employed by or volunteers for a county school district, 24
charter school or private school, 25
and immediately notify the superintendent of each county school 26
district, the governing body of each charter school and the 27
Superintendent of Public Instruction, or the administrator of each 28
private school, as appropriate, if the investigation of the Central 29
Repository indicates that the person has been convicted of a 30
violation of NRS 200.508, 201.230, 453.3385, 453.3387 or 453.339, 31
or convicted of a felony or any offense involving moral turpitude. 32
(e) Upon discovery, immediately notify the superintendent of 33
each county school district, the governing body of each charter 34
school or the administrator of each private school, as appropriate, by 35
providing the superintendent, governing body or administrator with 36
a list of all persons: 37
(1) Investigated pursuant to paragraph (d); or 38
(2) Employed by or volunteering for a county school district, 39
charter school or private school whose fingerprints were sent 40
previously to the Central Repository for investigation, 41
who the Central Repository’s records indicate have been 42
convicted of a violation of NRS 200.508, 201.230, 453.3385, 43
453.3387 or 453.339, or convicted of a felony or any offense 44
involving moral turpitude since the Central Repository’s initial 45
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investigation. The superintendent of each county school district, the 1
governing body of a charter school or the administrator of each 2
private school, as applicable, shall determine whether further 3
investigation or action by the district, charter school or private 4
school, as applicable, is appropriate. 5
(f) Investigate the criminal history of each person who submits 6
one or more fingerprints or other biometric identifier or has such 7
data submitted pursuant to NRS 62B.270, 62G.223, 62G.353, 8
424.031, 432A.170, 432B.198, 433B.183, 449.122, 449.123 or 9
449.4329. 10
(g) Provide an electronic means to access on the Central 11
Repository’s Internet website statistical data relating to crime. 12
(h) Provide an electronic means to access on the Central 13
Repository’s Internet website statistical data about domestic 14
violence in this State. 15
(i) Identify and review the collection and processing of 16
statistical data relating to criminal justice by any agency identified 17
in subsection 2 and make recommendations for any necessary 18
changes in the manner of collecting and processing statistical data 19
by any such agency. 20
(j) Adopt regulations governing biometric identifiers and the 21
information and data derived from biometric identifiers, including, 22
without limitation: 23
(1) Their collection, use, safeguarding, handling, retention, 24
storage, dissemination and destruction; and 25
(2) The methods by which a person may request the removal 26
of his or her biometric identifiers from the Central Repository and 27
any other agency where his or her biometric identifiers have been 28
stored. 29
9. The Central Repository may: 30
(a) In the manner prescribed by the Director of the Department, 31
disseminate compilations of statistical data and publish statistical 32
reports relating to crime. 33
(b) Charge a reasonable fee for any publication or special report 34
it distributes relating to data collected pursuant to this section. The 35
Central Repository may not collect such a fee from an agency of 36
criminal justice or any other agency dealing with crime which is 37
required to submit information pursuant to subsection 2. All money 38
collected pursuant to this paragraph must be used to pay for the cost 39
of operating the Central Repository or for any other purpose 40
authorized by the Legislature, and any balance of the money 41
remaining at the end of a fiscal year reverts to the State General 42
Fund. 43
(c) In the manner prescribed by the Director of the Department, 44
use electronic means to receive and disseminate information 45
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contained in the Central Repository that it is authorized to 1
disseminate pursuant to the provisions of this chapter. 2
10. As used in this section: 3
(a) “Mobile identification” means the collection, storage, 4
transmission, reception, search, access or processing of a biometric 5
identifier using a handheld device. 6
(b) “Personal identifying information” means any information 7
designed, commonly used or capable of being used, alone or in 8
conjunction with any other information, to identify a person, 9
including, without limitation: 10
(1) The name, driver’s license number, social security 11
number, date of birth and photograph or computer-generated image 12
of a person; and 13
(2) A biometric identifier of a person. 14
(c) “Private school” has the meaning ascribed to it in 15
NRS 394.103. 16
Sec. 8. NRS 179A.100 is hereby amended to read as follows: 17
179A.100 1. The following records of criminal history may 18
be disseminated by an agency of criminal justice without any 19
restriction pursuant to this chapter: 20
(a) Any which reflect records of conviction only; and 21
(b) Any which pertain to an incident for which a person is 22
currently within the system of criminal justice, including parole or 23
probation. 24
2. Without any restriction pursuant to this chapter, a record of 25
criminal history or the absence of such a record may be: 26
(a) Disclosed among agencies which maintain a system for the 27
mutual exchange of criminal records. 28
(b) Furnished by one agency to another to administer the system 29
of criminal justice, including the furnishing of information by a 30
police department to a district attorney. 31
(c) Reported to the Central Repository. 32
3. An agency of criminal justice shall disseminate to a 33
prospective employer, upon request, records of criminal history 34
concerning a prospective employee or volunteer which are the result 35
of a name-based inquiry and which: 36
(a) Reflect convictions only; or 37
(b) Pertain to an incident for which the prospective employee or 38
volunteer is currently within the system of criminal justice, 39
including parole or probation. 40
4. Records of criminal history must be disseminated by an 41
agency of criminal justice, upon request, to the following persons or 42
governmental entities: 43
(a) The person who is the subject of the record of criminal 44
history for the purposes of NRS 179A.150. 45
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(b) The person who is the subject of the record of criminal 1
history when the subject is a party in a judicial, administrative, 2
licensing, disciplinary or other proceeding to which the information 3
is relevant. 4
(c) The Nevada Gaming Control Board. 5
(d) The State Board of Nursing. 6
(e) The Private Investigator’s Licensing Board to investigate an 7
applicant for a license. 8
(f) A public administrator or a person employed or contracted 9
with pursuant to NRS 253.125, as applicable, to carry out the duties 10
as prescribed in chapter 253 of NRS. 11
(g) A public guardian to investigate a protected person or 12
proposed protected person or persons who may have knowledge of 13
assets belonging to a protected person or proposed protected person. 14
(h) Any agency of criminal justice of the United States or of 15
another state or the District of Columbia. 16
(i) Any public utility subject to the jurisdiction of the Public 17
Utilities Commission of Nevada when the information is necessary 18
to conduct a security investigation of an employee or prospective 19
employee or to protect the public health, safety or welfare. 20
(j) Persons and agencies authorized by statute, ordinance, 21
executive order, court rule, court decision or court order as 22
construed by appropriate state or local officers or agencies. 23
(k) Any person or governmental entity which has entered into a 24
contract to provide services to an agency of criminal justice relating 25
to the administration of criminal justice, if authorized by the 26
contract, and if the contract also specifies that the information will 27
be used only for stated purposes and that it will be otherwise 28
confidential in accordance with state and federal law and regulation. 29
(l) Any reporter or editorial employee who is employed or 30
affiliated with a newspaper, press association or commercially 31
operated, federally licensed radio or television station who requests 32
a record of a named person or aggregate information for statistical 33
purposes, excluding any personal identifying information, in a 34
professional capacity for communication to the public. 35
(m) Prospective employers if the person who is the subject of 36
the information has given written consent to the release of that 37
information by the agency which maintains it. 38
(n) For the express purpose of research, evaluative or statistical 39
programs pursuant to an agreement with an agency of criminal 40
justice. 41
(o) An agency which provides child welfare services, as defined 42
in NRS 432B.030. 43
(p) The Division of Welfare and Supportive Services of the 44
Department of Health and Human Services or its designated 45
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representative, as needed to ensure the safety of investigators and 1
caseworkers. 2
(q) The Aging and Disability Services Division of the 3
Department of Health and Human Services or its designated 4
representative, as needed to ensure the safety of investigators and 5
caseworkers. 6
(r) An agency of this or any other state or the Federal 7
Government that is conducting activities pursuant to Part D of 8
Subchapter IV of Chapter 7 of Title 42 of the Social Security Act, 9
42 U.S.C. §§ 651 et seq. 10
(s) The Commissioner of Insurance. 11
(t) The Board of Medical Examiners. 12
(u) The State Board of Osteopathic Medicine. 13
(v) The Board of Massage Therapy and its Executive Director. 14
(w) The Board of Examiners for Social Workers. 15
(x) The State Board of Cosmetology and its Executive Director. 16
(y) The Committee on Domestic Violence and Sexual Assault 17
appointed pursuant to NRS 228.470 when, pursuant to NRS 18
228.495, the Committee is reviewing the death of the victim of a 19
crime that constitutes domestic violence pursuant to NRS 33.018. 20
(z) A county coroner or medical examiner, as needed to conduct 21
an investigation of the death of a person. 22
5. Agencies of criminal justice in this State which receive 23
information from sources outside this State concerning transactions 24
involving criminal justice which occur outside Nevada shall treat the 25
information as confidentially as is required by the provisions of this 26
chapter. 27
Sec. 9. NRS 200.3788 is hereby amended to read as follows: 28
200.3788 1. A statewide program to track sexual assault 29
forensic evidence kits must be established in this State. The 30
Attorney General shall, pursuant to the recommendation of the 31
[Sexual Assault Kit Working Group,] Committee on Domestic 32
Violence and Sexual Assault appointed pursuant to NRS 228.470, 33
designate a department or division of the Executive Department of 34
State Government to establish the program. The designated 35
department or division may contract with any appropriate public or 36
private agency, organization or institution to carry out the provisions 37
of this section. 38
2. The program to track sexual assault forensic evidence kits 39
must: 40
(a) Track the location and status of sexual assault forensic 41
evidence kits, including, without limitation, the initial forensic 42
medical examination, receipt by a law enforcement agency and 43
receipt and genetic marker analysis at a forensic laboratory. 44
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(b) Allow providers of health care who perform forensic medical 1
examinations, law enforcement agencies, prosecutors, forensic 2
laboratories and any other entities having sexual assault forensic 3
evidence kits in their custody to track the status and location of 4
sexual assault forensic evidence kits. 5
(c) Allow a victim of sexual assault to anonymously track or 6
receive, by telephone or on an Internet website, updates regarding 7
the status and location of his or her sexual assault forensic evidence 8
kit. 9
3. The department or division designated pursuant to 10
subsection 1 shall, on or before January 1 and July 1 of each year, 11
submit to the Governor and the Director of the Legislative Counsel 12
Bureau for transmittal to the Joint Interim Standing Committee on 13
the Judiciary and post on the Internet website maintained by the 14
department or division a report concerning the statewide program to 15
track sexual assault forensic evidence kits. The report must include: 16
(a) The number of sexual assault forensic evidence kits in the 17
program in each county. 18
(b) The number of sexual assault forensic evidence kits for 19
which genetic marker analysis has been completed for each county 20
for the last 6 months. 21
(c) The number of sexual assault forensic evidence kits added to 22
the program in each county during the last 6 months. 23
(d) The number of sexual assault forensic evidence kits for 24
which genetic marker analysis has been requested but not completed 25
for each county. 26
(e) For this State as a whole and each county, the average and 27
median time between a forensic medical examination and receipt of 28
a sexual assault forensic evidence kit by a forensic laboratory for 29
genetic marker analysis, overall and for the last 6 months. 30
(f) For this State as a whole and each county, the average and 31
median time between receipt of a sexual assault forensic evidence 32
kit by a forensic laboratory and genetic marker analysis, overall and 33
for the last 6 months. 34
(g) The number of sexual assault forensic evidence kits in each 35
county awaiting genetic marker analysis for more than 1 year and 6 36
months after forensic medical examination. 37
4. Each law enforcement agency, prosecutor, forensic 38
laboratory and provider of health care who performs forensic 39
medical examinations in this State shall participate in the statewide 40
program to track sexual assault forensic evidence kits for the 41
purpose of tracking the status of any sexual assault forensic 42
evidence kits in the custody of the agency, prosecutor, laboratory or 43
provider, or a third party under contract with such agency, 44
prosecutor, laboratory or provider. 45
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5. Any agency or person who acts pursuant to this section in 1
good faith and without gross negligence is immune from civil 2
liability for those acts. 3
6. The department or division designated pursuant to 4
subsection 1 may apply for and accept any gift, donation, bequest, 5
grant or other source of money to carry out the provisions of this 6
section. 7
[7. As used in this section, “Sexual Assault Kit Working 8
Group” means the statewide working group led by the Office of the 9
Attorney General to create policies and procedures to address the 10
backlog of sexual assault forensic evidence kits that have not been 11
tested.] 12
Sec. 10. NRS 217.475 is hereby amended to read as follows: 13
217.475 1. A court or an agency of a local government may 14
organize or sponsor one or more multidisciplinary teams to review 15
the death of the victim of a crime that constitutes domestic violence 16
pursuant to NRS 33.018. 17
2. If a multidisciplinary team is organized or sponsored 18
pursuant to subsection 1, the court or agency shall review the death 19
of a victim upon receiving a written request from a person related to 20
the victim within the third degree of consanguinity, if the request is 21
received by the court or agency within 1 year after the date of death 22
of the victim. 23
3. Members of a team that is organized or sponsored pursuant 24
to subsection 1 serve at the pleasure of the court or agency that 25
organizes or sponsors the team and must include, without limitation, 26
representatives of organizations concerned with law enforcement, 27
issues related to physical or mental health, or the prevention of 28
domestic violence and assistance to victims of domestic violence. 29
4. Each organization represented on such a team may share 30
with other members of the team information in its possession 31
concerning the victim who is the subject of the review or any person 32
who was in contact with the victim and any other information 33
deemed by the organization to be pertinent to the review. Any 34
information shared by an organization with other members of a team 35
is confidential. 36
5. A team organized or sponsored pursuant to this section may, 37
upon request, provide a report concerning its review to a person 38
related to the victim within the third degree of consanguinity. 39
6. Before establishing a team to review the death of a victim 40
pursuant to this section, a court or an agency shall adopt a written 41
protocol describing its objectives and the structure of the team. 42
7. A team organized or sponsored pursuant to this section may 43
request any person, agency or organization that is in possession of 44
information or records concerning the victim who is the subject of 45
– 16 –
- *AB45*
the review or any person who was in contact with the victim to 1
provide the team with any information or records that are relevant to 2
the team’s review. Any information or records provided to a team 3
pursuant to this subsection are confidential. 4
8. A team organized or sponsored pursuant to this section may, 5
if appropriate, meet with any person, agency or organization that the 6
team believes may have information relevant to the review 7
conducted by the team, including, without limitation: 8
(a) A multidisciplinary team to review the death of a child 9
organized pursuant to NRS 432B.405; 10
(b) A multidisciplinary team to oversee the review of the death 11
of a child organized pursuant to NRS 432B.4075; or 12
(c) The Committee on Domestic Violence and Sexual Assault 13
appointed pursuant to NRS 228.470. 14
9. Except as otherwise provided in subsection 10, each member 15
of a team organized or sponsored pursuant to this section is immune 16
from civil or criminal liability for an activity related to the review of 17
the death of a victim. 18
10. Each member of a team organized or sponsored pursuant to 19
this section who discloses any confidential information concerning 20
the death of a child is personally liable for a civil penalty of not 21
more than $500. 22
11. The Attorney General: 23
(a) May bring an action to recover a civil penalty imposed 24
pursuant to subsection 10 against a member of a team organized or 25
sponsored pursuant to this section; and 26
(b) Shall deposit any money received from the civil penalty with 27
the State Treasurer for credit to the State General Fund. 28
12. The results of the review of the death of a victim pursuant 29
to this section are not admissible in any civil action or proceeding. 30
Sec. 11. NRS 427A.940 is hereby amended to read as follows: 31
427A.940 1. The Committee is entitled to access to: 32
(a) All final investigative information of law enforcement 33
agencies regarding a death that may have been caused by or related 34
to adult maltreatment or other incident of adult maltreatment being 35
investigated by the Committee for which the investigation by the 36
law enforcement agency has been closed; 37
(b) Any autopsy and coroner’s investigative records relating to a 38
death of an older person or a vulnerable person that may have been 39
caused by or related to adult maltreatment; 40
(c) Any medical or mental health records of a decedent or other 41
victim of adult maltreatment; 42
(d) Any records of the Division or any other agency which has 43
provided services to a decedent or other victim of adult 44
maltreatment; and 45
– 17 –
- *AB45*
(e) Any other records determined by the Committee to be 1
necessary to perform its duties, except for records of a law 2
enforcement agency not described in paragraph (a). 3
2. The Committee may, if appropriate, meet and share 4
information with: 5
(a) A multidisciplinary team to review the death of the victim of 6
a crime that constitutes domestic violence organized or sponsored 7
pursuant to NRS 217.475; 8
(b) The Committee on Domestic Violence and Sexual Assault 9
appointed pursuant to NRS 228.470; or 10
(c) The Unit for the Investigation and Prosecution of Crimes 11
Against Older Persons or Vulnerable Persons in the Office of the 12
Attorney General created by NRS 228.265. 13
3. The Committee may petition the district court for the 14
issuance of, and the district court may issue, a subpoena to compel 15
the production of any books, records or papers described in 16
subsection 1 that are relevant to the cause of any death or incident of 17
adult maltreatment being investigated by the Committee. Except as 18
otherwise provided in NRS 239.0115, any books, records or papers 19
received by the Committee pursuant to a subpoena issued pursuant 20
to this subsection shall be deemed confidential and privileged and 21
not subject to disclosure. 22
4. The Committee may use data collected concerning a death 23
that is known or suspected to have been caused by or be related to 24
adult maltreatment for the purpose of research or to prevent future 25
adult maltreatment if the data is aggregated and does not allow for 26
the identification of any person. 27
5. Except as otherwise provided in this section, information 28
acquired by, and the records of, the Committee are confidential, are 29
not public records, must not be disclosed and are not subject to 30
subpoena, discovery or introduction into evidence in any civil or 31
criminal proceeding. The disclosure of information or records to the 32
Committee does not make such information or records confidential 33
with respect to the person or entity that disclosed the records if the 34
information or records are not otherwise confidential. 35
6. The meetings of the Committee are closed to the public. 36
Sec. 12. NRS 432B.290 is hereby amended to read as follows: 37
432B.290 1. Information maintained by an agency which 38
provides child welfare services must be maintained by the agency 39
which provides child welfare services as required by federal law as a 40
condition of the allocation of federal money to this State. 41
2. Except as otherwise provided in this section and NRS 42
432B.165, 432B.175 and 432B.513, information maintained by an 43
agency which provides child welfare services may, at the discretion 44
– 18 –
- *AB45*
of the agency which provides child welfare services, be made 1
available only to: 2
(a) A physician, if the physician has before him or her a child 3
who the physician has reasonable cause to believe has been abused 4
or neglected; 5
(b) A person authorized to place a child in protective custody, if 6
the person has before him or her a child who the person has 7
reasonable cause to believe has been abused or neglected and the 8
person requires the information to determine whether to place the 9
child in protective custody; 10
(c) An agency, including, without limitation, an agency in 11
another jurisdiction, responsible for or authorized to undertake the 12
care, treatment or supervision of: 13
(1) The child; or 14
(2) The person responsible for the welfare of the child; 15
(d) A district attorney or other law enforcement officer who 16
requires the information in connection with an investigation or 17
prosecution of the abuse or neglect of a child; 18
(e) Except as otherwise provided in paragraph (f), a court other 19
than a juvenile court, for in camera inspection only, unless the court 20
determines that public disclosure of the information is necessary for 21
the determination of an issue before it; 22
(f) A court, as defined in NRS 159A.015, to determine whether 23
a guardian or successor guardian of a child should be appointed 24
pursuant to chapter 159A of NRS or NRS 432B.466 to 432B.468, 25
inclusive; 26
(g) A person engaged in bona fide research or an audit, but 27
information identifying the subjects of a report must not be made 28
available to the person; 29
(h) The attorney and the guardian ad litem of the child, if the 30
information is reasonably necessary to promote the safety, 31
permanency and well-being of the child; 32
(i) A person who files or intends to file a petition for the 33
appointment of a guardian or successor guardian of a child pursuant 34
to chapter 159A of NRS or NRS 432B.466 to 432B.468, inclusive, 35
if the identity of the person responsible for reporting the abuse or 36
neglect of the child to a public agency is kept confidential and the 37
information is reasonably necessary to promote the safety, 38
permanency and well-being of the child; 39
(j) The proposed guardian or proposed successor guardian of a 40
child over whom a guardianship is sought pursuant to chapter 159A 41
of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of 42
the person responsible for reporting the abuse or neglect of the child 43
to a public agency is kept confidential and the information is 44
– 19 –
- *AB45*
reasonably necessary to promote the safety, permanency and well-1
being of the child; 2
(k) A grand jury upon its determination that access to these 3
records and the information is necessary in the conduct of its official 4
business; 5
(l) A federal, state or local governmental entity, or an agency of 6
such an entity, or a juvenile court, that needs access to the 7
information to carry out its legal responsibilities to protect children 8
from abuse and neglect; 9
(m) A person or an organization that has entered into a written 10
agreement with an agency which provides child welfare services to 11
provide assessments or services and that has been trained to make 12
such assessments or provide such services; 13
(n) A team organized pursuant to NRS 432B.350 for the 14
protection of a child; 15
(o) A team organized pursuant to NRS 432B.405 to review the 16
death of a child; 17
(p) A multidisciplinary team, as defined in NRS 432B.4014; 18
(q) A parent or legal guardian of the child and an attorney of a 19
parent or legal guardian of the child, including, without limitation, 20
the parent or guardian of a child over whom a guardianship is 21
sought pursuant to chapter 159A of NRS or NRS 432B.466 to 22
432B.468, inclusive, if the identity of the person responsible for 23
reporting the abuse or neglect of the child to a public agency is kept 24
confidential and the information is reasonably necessary to promote 25
the safety, permanency and well-being of the child and is limited to 26
information concerning that parent or guardian; 27
(r) The child over whom a guardianship is sought pursuant to 28
chapter 159A of NRS or NRS 432B.466 to 432B.468, inclusive, if: 29
(1) The child is 14 years of age or older; and 30
(2) The identity of the person responsible for reporting the 31
abuse or neglect of the child to a public agency is kept confidential 32
and the information is reasonably necessary to promote the safety, 33
permanency and well-being of the child; 34
(s) The persons or agent of the persons who are the subject of a 35
report, if the information is reasonably necessary to promote the 36
safety, permanency and well-being of the child and is limited to 37
information concerning those persons; 38
(t) An agency that is authorized by law to license foster homes 39
or facilities for children or to investigate persons applying for 40
approval to adopt a child, if the agency has before it an application 41
for that license or is investigating an applicant to adopt a child; 42
(u) Upon written consent of the parent, any officer of this State 43
or a city or county thereof or Legislator authorized by the agency or 44
department having jurisdiction or by the Legislature, acting within 45
– 20 –
- *AB45*
its jurisdiction, to investigate the activities or programs of an agency 1
which provides child welfare services if: 2
(1) The identity of the person making the report is kept 3
confidential; and 4
(2) The officer, Legislator or a member of the family of the 5
officer or Legislator is not the person alleged to have committed the 6
abuse or neglect; 7
(v) The Division of Parole and Probation of the Department of 8
Public Safety for use pursuant to NRS 176.135 in making a 9
presentence investigation and report to the district court or pursuant 10
to NRS 176.151 in making a general investigation and report; 11
(w) Any person who is required pursuant to NRS 432B.220 to 12
make a report to an agency which provides child welfare services or 13
to a law enforcement agency; 14
(x) A local advisory board to expedite proceedings for the 15
placement of children created pursuant to NRS 432B.604; 16
(y) The panel established pursuant to NRS 432B.396 to evaluate 17
agencies which provide child welfare services; 18
(z) An employer in accordance with subsection 3 of 19
NRS 432.100; 20
(aa) A team organized or sponsored pursuant to NRS 217.475 or 21
228.495 to review the death of the victim of a crime that constitutes 22
domestic violence; 23
(bb) The Committee on Domestic Violence and Sexual Assault 24
appointed pursuant to NRS 228.470; or 25
(cc) The Committee to Review Suicide Fatalities created by 26
NRS 439.5104. 27
3. An agency investigating a report of the abuse or neglect of a 28
child shall, upon request, provide to a person named in the report as 29
allegedly causing the abuse or neglect of the child: 30
(a) A copy of: 31
(1) Any statement made in writing to an investigator for the 32
agency by the person named in the report as allegedly causing the 33
abuse or neglect of the child; or 34
(2) Any recording made by the agency of any statement 35
made orally to an investigator for the agency by the person named in 36
the report as allegedly causing the abuse or neglect of the child; or 37
(b) A written summary of the allegations made against the 38
person who is named in the report as allegedly causing the abuse or 39
neglect of the child. The summary must not identify the person 40
responsible for reporting the alleged abuse or neglect or any 41
collateral sources and reporting parties. 42
4. Except as otherwise provided by subsection 6, before 43
releasing any information maintained by an agency which provides 44
child welfare services pursuant to this section, an agency which 45
– 21 –
- *AB45*
provides child welfare services shall take whatever precautions it 1
determines are reasonably necessary to protect the identity and 2
safety of any person who reports child abuse or neglect and to 3
protect any other person if the agency which provides child welfare 4
services reasonably believes that disclosure of the information 5
would cause a specific and material harm to an investigation of the 6
alleged abuse or neglect of a child or the life or safety of any person. 7
5. The provisions of this section must not be construed to 8
require an agency which provides child welfare services to disclose 9
information maintained by the agency which provides child welfare 10
services if, after consultation with the attorney who represents the 11
agency, the agency determines that such disclosure would cause a 12
specific and material harm to a criminal investigation. 13
6. A person who is the subject of a report of child abuse or 14
neglect made pursuant to this chapter that is assigned a disposition 15
other than substantiated pursuant to NRS 432B.305 and who 16
believes that the report was made in bad faith or with malicious 17
intent may petition a district court to order the agency which 18
provides child welfare services to release information maintained by 19
the agency which provides child welfare services. The petition must 20
specifically set forth the reasons supporting the belief that the report 21
was made in bad faith or with malicious intent. The petitioner shall 22
provide notice to the agency which provides child welfare services 23
so that the agency may participate in the action through its counsel. 24
The district court shall review the information which the petitioner 25
requests to be released and the petitioner shall be allowed to present 26
evidence in support of the petition. If the court determines that there 27
is a reasonable question of fact as to whether the report was made in 28
bad faith or with malicious intent and that the disclosure of the 29
identity of the person who made the report would not be likely to 30
endanger the life or safety of the person who made the report, the 31
court shall provide a copy of the information to the petitioner and 32
the original information is subject to discovery in a subsequent civil 33
action regarding the making of the report. 34
7. If an agency which provides child welfare services receives 35
any information that is deemed confidential by law, the agency 36
which provides child welfare services shall maintain the 37
confidentiality of the information as prescribed by applicable law. 38
8. Pursuant to this section, a person may authorize the release 39
of information maintained by an agency which provides child 40
welfare services about himself or herself, but may not waive the 41
confidentiality of such information concerning any other person. 42
9. An agency which provides child welfare services may 43
provide a summary of the outcome of an investigation of the alleged 44
– 22 –
- *AB45*
abuse or neglect of a child to the person who reported the suspected 1
abuse or neglect. 2
10. Except as otherwise provided in this subsection, any person 3
who is provided with information maintained by an agency which 4
provides child welfare services and who further disseminates the 5
information or makes the information public is guilty of a gross 6
misdemeanor. This subsection does not apply to: 7
(a) A district attorney or other law enforcement officer who uses 8
the information solely for the purpose of initiating legal 9
proceedings; 10
(b) An employee of the Division of Parole and Probation of the 11
Department of Public Safety making a presentence investigation and 12
report to the district court pursuant to NRS 176.135 or making a 13
general investigation and report pursuant to NRS 176.151; or 14
(c) An employee of a juvenile justice agency who provides the 15
information to the juvenile court. 16
11. An agency which provides child welfare services may 17
charge a fee for processing costs reasonably necessary to prepare 18
information maintained by the agency which provides child welfare 19
services for release pursuant to this section. 20
12. An agency which provides child welfare services shall 21
adopt rules, policies or regulations to carry out the provisions of this 22
section. 23
13. As used in this section, “juvenile justice agency” means the 24
Youth Parole Bureau or a director of juvenile services. 25
Sec. 13. NRS 432B.407 is hereby amended to read as follows: 26
432B.407 1. A multidisciplinary team to review the death of 27
a child is entitled to access to: 28
(a) All investigative information of law enforcement agencies 29
regarding the death; 30
(b) Any autopsy and coroner’s investigative records relating to 31
the death; 32
(c) Any medical or mental health records of the child; and 33
(d) Any records of social and rehabilitative services or of any 34
other social service agency which has provided services to the child 35
or the child’s family. 36
2. Each organization represented on a multidisciplinary team to 37
review the death of a child shall share with other members of the 38
team information in its possession concerning the child who is the 39
subject of the review, any siblings of the child, any person who was 40
responsible for the welfare of the child and any other information 41
deemed by the organization to be pertinent to the review. 42
3. A multidisciplinary team to review the death of a child may, 43
if appropriate, meet and share information with: 44
– 23 –
- *AB45*
(a) A multidisciplinary team to review the death of the victim of 1
a crime that constitutes domestic violence organized or sponsored 2
pursuant to NRS 217.475; or 3
(b) The Committee on Domestic Violence and Sexual Assault 4
appointed pursuant to NRS 228.470. 5
4. A multidisciplinary team to review the death of a child may 6
petition the district court for the issuance of, and the district court 7
may issue, a subpoena to compel the production of any books, 8
records or papers relevant to the cause of any death being 9
investigated by the team. Except as otherwise provided in NRS 10
239.0115, any books, records or papers received by the team 11
pursuant to the subpoena shall be deemed confidential and 12
privileged and not subject to disclosure. 13
5. A multidisciplinary team to review the death of a child may 14
use data collected concerning the death of a child for the purpose of 15
research or to prevent future deaths of children if the data is 16
aggregated and does not allow for the identification of any person. 17
6. Except as otherwise provided in this section, information 18
acquired by, and the records of, a multidisciplinary team to review 19
the death of a child are confidential, must not be disclosed, and are 20
not subject to subpoena, discovery or introduction into evidence in 21
any civil or criminal proceeding. 22
Sec. 14. NRS 439.5106 is hereby amended to read as follows: 23
439.5106 1. The Committee: 24
(a) Except as otherwise provided in this paragraph, shall adopt a 25
written protocol setting forth the suicide fatalities in this State which 26
must be reported to the Committee and screened for review by the 27
Committee and the suicide fatalities in this State which the 28
Committee may reject for review. The Committee shall not review 29
any case in which litigation is pending. 30
(b) May review any accidental death which the Committee 31
determines may assist in suicide prevention efforts in this State. 32
(c) May establish differing levels of review, including, without 33
limitation, a comprehensive or limited review depending upon the 34
nature of the incident or the purpose of the review. 35
2. The Committee shall obtain and use any data or other 36
information to: 37
(a) Review suicide fatalities in this State to determine trends, 38
risk factors and strategies for prevention; 39
(b) Determine and prepare reports concerning trends and 40
patterns of suicide fatalities in this State; 41
(c) Identify and evaluate the prevalence of risk factors for 42
preventable suicide fatalities in this State; 43
(d) Evaluate and prepare reports concerning high-risk factors, 44
current practices, lapses in systematic responses and barriers to the 45
– 24 –
- *AB45*
safety and well-being of persons who are at risk of suicide in this 1
State; and 2
(e) Recommend any improvement in sources of information 3
relating to investigating reported suicide fatalities and preventing 4
suicide in this State. 5
3. In conducting a review of a suicide fatality in this State, the 6
Committee shall, to the greatest extent practicable, consult and 7
cooperate with: 8
(a) The Coordinator of the Statewide Program for Suicide 9
Prevention employed pursuant to NRS 439.511; 10
(b) Each trainer for suicide prevention employed pursuant to 11
NRS 439.513; 12
(c) The Committee on Domestic Violence and Sexual Assault 13
appointed pursuant to NRS 228.470; and 14
(d) A multidisciplinary team: 15
(1) To review the death of the victim of a crime that 16
constitutes domestic violence organized or sponsored pursuant to 17
NRS 217.475; 18
(2) To review the death of a child organized pursuant to NRS 19
432B.405; and 20
(3) To oversee the review of the death of a child organized 21
pursuant to NRS 432B.4075. 22
4. Any review conducted by the Committee pursuant to NRS 23
439.5102 to 439.5108, inclusive, is separate from, independent of 24
and in addition to any investigation or review which is required or 25
authorized by law to be conducted, including, without limitation, 26
any investigation conducted by a coroner or coroner’s deputy 27
pursuant to NRS 259.050. 28
5. To conduct a review pursuant to NRS 439.5102 to 439.5108, 29
inclusive, the Committee may access information, including, 30
without limitation: 31
(a) Any investigative information obtained by a law 32
enforcement agency relating to a death; 33
(b) Any records from an autopsy or an investigation conducted 34
by a coroner or coroner’s deputy relating to a death; 35
(c) Any medical or mental health records of a decedent; 36
(d) Any records relating to social or rehabilitative services 37
provided to a decedent; and 38
(e) Any records of a social services agency which has provided 39
services to a decedent. 40
Sec. 15. NRS 440.170 is hereby amended to read as follows: 41
440.170 1. All certificates in the custody of the State 42
Registrar are open to inspection subject to the provisions of this 43
chapter. It is unlawful for any employee of the State to disclose data 44
– 25 –
- *AB45*
contained in vital statistics, except as authorized by this chapter or 1
by the Board. 2
2. Information in vital statistics indicating that a birth occurred 3
out of wedlock must not be disclosed except upon order of a court of 4
competent jurisdiction. 5
3. The Board: 6
(a) Shall allow the use of data contained in vital statistics to 7
carry out the provisions of NRS 442.300 to 442.330, inclusive; 8
(b) Shall allow the use of certificates of death by a 9
multidisciplinary team: 10
(1) To review the death of the victim of a crime that 11
constitutes domestic violence organized or sponsored pursuant to 12
NRS 217.475; and 13
(2) To review the death of a child established pursuant to 14
NRS 432B.405 and 432B.406; 15
(c) Shall allow the use of certificates of death by the: 16
(1) Committee on Domestic Violence and Sexual Assault 17
appointed pursuant to NRS 228.470; and 18
(2) Committee to Review Suicide Fatalities created by NRS 19
439.5104; and 20
(d) May allow the use of data contained in vital statistics for 21
other research purposes, but without identifying the persons to 22
whom the records relate. 23
Sec. 16. NRS 442.774 is hereby amended to read as follows: 24
442.774 1. The Committee is entitled to access to: 25
(a) All final investigative information of law enforcement 26
agencies regarding a maternal death or incident of severe maternal 27
morbidity being investigated by the Committee for which the 28
investigation by the law enforcement agency has been closed; 29
(b) Any autopsy and coroner’s investigative records relating to 30
the death or incident; 31
(c) Any medical or mental health records of the person who 32
gave birth to a child; 33
(d) Any records of social and rehabilitative services or of any 34
other social service agency which has provided services to the 35
person who gave birth to a child or the family of the person who 36
gave birth to a child; 37
(e) The system for the reporting of information on cancer and 38
other neoplasms established pursuant to NRS 457.230; and 39
(f) Any other records determined by the Committee to be 40
necessary to perform its duties, except for records of a law 41
enforcement agency not described in paragraph (a). 42
2. The Committee may, if appropriate, meet and share 43
information with: 44
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- *AB45*
(a) A multidisciplinary team to review the death of the victim of 1
a crime that constitutes domestic violence organized or sponsored 2
pursuant to NRS 217.475; or 3
(b) The Committee on Domestic Violence and Sexual Assault 4
appointed pursuant to NRS 228.470. 5
3. The Committee may petition the district court for the 6
issuance of, and the district court may issue, a subpoena to compel 7
the production of any books, records or papers described in 8
subsection 1 that are relevant to the cause of any death or incident of 9
severe maternal morbidity being investigated by the Committee. 10
Except as otherwise provided in NRS 239.0115, any books, records 11
or papers received by the Committee pursuant to the subpoena shall 12
be deemed confidential and privileged and not subject to disclosure. 13
4. The Committee may use data collected concerning a 14
maternal death or incident of severe maternal morbidity for the 15
purpose of research or to prevent future maternal mortality and 16
severe maternal morbidity if the data is aggregated and does not 17
allow for the identification of any person. 18
5. Except as otherwise provided in this section, information 19
acquired by, and the records of, the Committee are confidential, are 20
not public records, must not be disclosed, and are not subject to 21
subpoena, discovery or introduction into evidence in any civil or 22
criminal proceeding. 23
6. The meetings of the Committee are closed to the public. 24
Sec. 17. The provisions of subsection 1 of NRS 218D.380 do 25
not apply to any provisions of this act which adds or revises a 26
requirement to submit a report to the Legislature. 27
Sec. 18. 1. The Legislative Counsel shall, in preparing 28
supplements to the Nevada Administrative Code, appropriately 29
change any references to an officer, agency or other entity whose 30
name is changed or whose responsibilities are transferred pursuant 31
to the provisions of this act to refer to the appropriate officer, 32
agency or other entity. 33
2. Any administrative regulations adopted by an officer or an 34
agency whose name has been changed or whose responsibilities 35
have been transferred pursuant to the provisions of this act to 36
another officer or agency remain in force until amended by the 37
officer or agency to which the responsibility for the adoption of the 38
regulations has been transferred. 39
3. Any contracts or other agreements entered into by an officer 40
or agency whose name has been changed or whose responsibilities 41
have been transferred pursuant to the provisions of this act to 42
another officer or agency are binding upon the officer or agency to 43
which the responsibility for the administration of the provisions of 44
the contract or other agreement has been transferred. Such contracts 45
– 27 –
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and other agreements may be enforced by the officer or agency to 1
which the responsibility for the enforcement of the provisions of the 2
contract or other agreement has been transferred. 3
4. Any action taken by an officer or agency whose name has 4
been changed or whose responsibilities have been transferred 5
pursuant to the provisions of this act to another officer or agency 6
remains in effect as if taken by the officer or agency to which the 7
responsibility for the enforcement of such actions has been 8
transferred. 9
H