(Reprinted with amendments adopted on April 14, 2025)
FIRST REPRINT 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; revising provisions relating to
the Victim Information Notification Everyday System in
the Office of the Attorney General; 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 in the Office of the Attorney General the Victim 1
Information Notification Everyday System, which consists of a toll-free telephone 2
number and an Internet website through which victims of crime and members of the 3
public may register to receive automated information and notification concerning 4
changes in the custody status of an offender. (NRS 228.205) Section 1 of this bill 5
instead creates a victim notification system in the Office of the Attorney General 6
and replaces references to the Victim Information Notification Everyday System 7
with references to the newly created victim notification system. 8
Existing law creates the Committee on Domestic Violence and requires the 9
Committee to carry out certain duties relating to domestic violence, including 10
increasing awareness, reviewing certain programs provided to peace officers for 11
training related to domestic violence and making recommendations regarding such 12
training, providing financial support to certain programs for the prevention of 13
domestic violence under certain circumstances and studying certain issues relating 14
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to domestic violence. (NRS 228.470) Section 4 of this bill requires the Committee 15
to also perform such duties as they relate to sexual assault. 16
Section 4 also requires the Committee to: (1) make recommendations relating 17
to the need for additional sexual assault victims’ advocates; (2) make 18
recommendations relating to the need for ongoing evaluation of the rights of 19
survivors; and (3) review the effectiveness of the statewide program to track sexual 20
assault forensic evidence kits. 21
Section 4 further renames the Committee on Domestic Violence to the 22
Committee on Domestic Violence and Sexual Assault to reflect the expansion of 23
the duties of the Committee. Sections 1, 2, 7, 8 and 10-16 of this bill make 24
conforming changes to reflect the renaming of the Committee. 25
Existing law sets forth the membership of the Committee, which consists of: (1) 26
certain persons appointed by the Attorney General, including two survivors of 27
domestic violence; and (2) one member who is a representative of the Division of 28
Public and Behavioral Health of the Department of Health and Human Services 29
who has certain experience and is appointed by the Administrator of the Division. 30
(NRS 228.470) Section 4 revises the membership of the Committee by reducing the 31
number of survivors of domestic violence who are members of the Committee from 32
two to one and requiring the Attorney General to additionally appoint to the 33
Committee: (1) one staff member of a program for victims of sexual assault; (2) 34
one survivor of sexual assault; and (3) one medical professional with experience in 35
working with sexual assault forensic evidence kits. 36
Existing law requires the Attorney General to designate a department or 37
division of the Executive Department of State Government to establish a statewide 38
program to track sexual assault forensic evidence kits. Existing law further requires 39
such a designation to be made pursuant to the recommendation of the Sexual 40
Assault Kit Working Group, which is the statewide working group led by the 41
Office of the Attorney General to create policies and procedures to address the 42
backlog of sexual assault forensic evidence kits that have not been tested. (NRS 43
200.3788) Section 9 of this bill requires such a designation to instead be made 44
pursuant to the recommendation of the Committee. 45
Existing law creates the Account for Programs Related to Domestic Violence 46
and authorizes the Ombudsman for Victims of Domestic Violence, Sexual Assault 47
and Human Trafficking to expend money in the Account for certain purposes 48
relating to domestic violence, including training certain persons about domestic 49
violence, assisting victims of domestic violence and educating the public on 50
domestic violence. (NRS 228.460) Section 3 of this bill authorizes the Ombudsman 51
to expend money in the Account for such purposes as they relate to sexual assault. 52
Section 3 additionally renames the Account for Programs Related to Domestic 53
Violence as the Account for Programs Related to Domestic Violence and Sexual 54
Assault to reflect the changes made by section 3 to the scope of authorized 55
expenditures from the Account. Sections 5 and 6 of this bill make conforming 56
changes to reflect the renaming of the Account. 57
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,] a victim notification system, which consists of a toll-free 4
telephone number and an Internet website through which victims of 5
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crime and members of the public may register to receive automated 1
information and notification concerning changes in the custody 2
status of an offender. 3
2. The Committee on Domestic Violence and Sexual Assault 4
appointed pursuant to NRS 228.470 shall serve as the Governance 5
Committee for the [System.] system. 6
3. The Governance Committee may adopt policies, protocols 7
and regulations for the operation and oversight of the [System.] 8
system. 9
4. The Attorney General may apply for and accept gifts, grants 10
and donations for use in carrying out the provisions of this section. 11
5. To the extent of available funding, each sheriff and chief of 12
police, the Department of Corrections, the Department of Public 13
Safety and the State Board of Parole Commissioners shall cooperate 14
with the Attorney General to establish and maintain the [System.] 15
system. 16
6. The failure of the [System] system to notify a victim of a 17
crime of a change in the custody status of an offender does not 18
establish a basis for any cause of action by the victim or any other 19
party against the State, its political subdivisions, or the agencies, 20
boards, commissions, departments, officers or employees of the 21
State or its political subdivisions. 22
7. As used in this section: 23
(a) “Custody status” means the transfer of the custody of an 24
offender or the release or escape from custody of an offender. 25
(b) “Offender” means a person convicted of a crime and 26
sentenced to imprisonment in a county jail or in the state prison. 27
(c) “System” means the victim notification system created by 28
subsection 1. 29
Sec. 2. NRS 228.427 is hereby amended to read as follows: 30
228.427 “Committee” means the Committee on Domestic 31
Violence and Sexual Assault appointed pursuant to NRS 228.470. 32
Sec. 3. NRS 228.460 is hereby amended to read as follows: 33
228.460 1. The Account for Programs Related to Domestic 34
Violence and Sexual Assault is hereby created in the State General 35
Fund. Any fee imposed and collected pursuant to NRS 176.094 36
must be deposited with the State Controller for credit to the 37
Account. 38
2. The Ombudsman for Victims of Domestic Violence, Sexual 39
Assault and Human Trafficking: 40
(a) Shall administer the Account for Programs Related to 41
Domestic Violence [;] and Sexual Assault; and 42
(b) May expend money in the Account only to pay for expenses 43
related to: 44
(1) The Committee; 45
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(2) Training law enforcement officers, attorneys and 1
members of the judicial system about domestic violence [;] and 2
sexual assault; 3
(3) Assisting victims of domestic violence and sexual 4
assault and educating the public concerning domestic violence [;] 5
and sexual assault; and 6
(4) Carrying out the duties and functions of his or her office. 7
3. All claims against the Account for Programs Related to 8
Domestic Violence and Sexual Assault must be paid as other claims 9
against the State are paid. 10
Sec. 4. NRS 228.470 is hereby amended to read as follows: 11
228.470 1. The Committee on Domestic Violence and 12
Sexual Assault is hereby created. The Committee is comprised of 13
the Attorney General or a designee of the Attorney General and: 14
(a) The following members appointed by the Attorney General: 15
(1) One staff member of a program for victims of domestic 16
violence; 17
(2) One staff member of a program for victims of sexual 18
assault; 19
(3) One staff member of a program for the treatment of 20
persons who commit domestic violence; 21
[(3)] (4) One representative from an office of the district 22
attorney with experience in prosecuting criminal offenses; 23
[(4)] (5) One representative from an office of the city 24
attorney with experience in prosecuting criminal offenses; 25
[(5)] (6) One law enforcement officer; 26
[(6)] (7) One provider of mental health care; 27
[(7) Two survivors] 28
(8) One survivor of domestic violence; 29
[(8)] (9) One survivor of sexual assault; 30
(10) One justice of the peace or municipal judge; 31
[(9)] (11) One representative from the Office of Court 32
Administrator; [and 33
(10)] (12) One medical professional with experience in 34
working with sexual assault forensic evidence kits; and 35
(13) Any other person appointed by the Attorney General. 36
(b) One member who is a representative of the Division of 37
Public and Behavioral Health of the Department of Health and 38
Human Services, who is appointed by the Administrator of the 39
Division and who has experience related to the certification of 40
programs for the treatment of persons who commit domestic 41
violence. 42
Each appointed member serves a term of 2 years. Members may 43
be reappointed for additional terms of 2 years. At least two members 44
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of the Committee must be residents of a county whose population is 1
less than 100,000. 2
2. The Committee shall: 3
(a) Increase awareness of the existence and unacceptability of 4
domestic violence and sexual assault in this State; 5
(b) Review and evaluate existing programs provided to peace 6
officers for training related to domestic violence and sexual assault 7
and make recommendations to the Peace Officers’ Standards and 8
Training Commission regarding such training; 9
(c) To the extent that money is available, provide financial 10
support to programs for the prevention of domestic violence and 11
sexual assault in this State; 12
(d) Study and review all appropriate issues related to the 13
administration of the criminal justice system in rural Nevada with 14
respect to offenses involving domestic violence [,] and sexual 15
assault, including, without limitation, the availability of counseling 16
services; 17
(e) Study issues that relate to domestic violence [,] and sexual 18
assault, including, without limitation, the intersections between 19
domestic violence and sexual assault and domestic violence and 20
human trafficking; 21
(f) Make recommendations regarding whether a need exists: 22
(1) For additional sexual assault victims’ advocates and, if 23
such a need exists, create a plan for how the State can provide 24
additional sexual assault victims’ advocates to meet such a need; 25
(2) To provide ongoing evaluation of the implementation of 26
the rights of survivors pursuant to the Sexual Assault Survivors’ 27
Bill of Rights and, if such a need exists, shall: 28
(I) Identify the scope and nature of the need; and 29
(II) Make recommendations on how to best fill such a 30
need, legislatively or otherwise; 31
(g) Review the effectiveness of the statewide program to track 32
sexual assault forensic evidence kits established pursuant to NRS 33
200.3788; and 34
[(f)] (h) Submit on or before March 1 of each odd-numbered 35
year a report to the Director of the Legislative Counsel Bureau for 36
distribution to the regular session of the Legislature. In preparing the 37
report, the Committee shall solicit comments and recommendations 38
from district judges, municipal judges and justices of the peace in 39
rural Nevada. The report must include, without limitation: 40
(1) A summary of the work of the Committee and 41
recommendations for any necessary legislation concerning domestic 42
violence [;] and sexual assault; and 43
(2) All comments and recommendations received by the 44
Committee. 45
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3. The Attorney General or the designee of the Attorney 1
General is the Chair of the Committee. 2
4. The Committee shall annually elect a Vice Chair from 3
among its members. 4
5. The Committee shall meet regularly at least three times in 5
each calendar year and may meet at other times upon the call of the 6
Chair. 7
6. At least one meeting in each calendar year must be held at a 8
location within the Fourth Judicial District, Fifth Judicial District, 9
Sixth Judicial District, Seventh Judicial District or Eleventh Judicial 10
District. 11
7. The Attorney General shall provide the Committee with 12
such staff as is necessary to carry out the duties of the Committee. 13
8. While engaged in the business of the Committee, each 14
member and employee of the Committee is entitled to receive the 15
per diem allowance and travel expenses provided for state officers 16
and employees generally. 17
9. The Committee may adopt regulations necessary to carry out 18
its duties pursuant to NRS 228.470 to 228.497, inclusive. 19
10. As used in this section: 20
(a) “Sexual assault forensic evidence kit” has the meaning 21
ascribed to it in NRS 200.364. 22
(b) “Sexual assault victims’ advocate” has the meaning 23
ascribed to it in NRS 178A.120. 24
(c) “Survivor” has the meaning ascribed to it in 25
NRS 178A.140. 26
Sec. 5. NRS 228.490 is hereby amended to read as follows: 27
228.490 The Committee may apply for and accept gifts, grants, 28
donations and contributions from any source for the purpose of 29
carrying out its duties pursuant to NRS 228.470. Any money that 30
the Committee receives pursuant to this section must be deposited in 31
and accounted for separately in the Account for Programs Related to 32
Domestic Violence and Sexual Assault created pursuant to NRS 33
228.460 for use by the Committee in carrying out its duties. 34
Sec. 6. NRS 176.094 is hereby amended to read as follows: 35
176.094 In addition to any other fine or penalty, if the court 36
finds that a person is guilty of committing an act which constitutes 37
domestic violence pursuant to NRS 33.018, the court shall: 38
1. Enter a finding of fact in the judgment of conviction. 39
2. Order the person to pay a fee of $35. Any money so 40
collected must be paid by the clerk of the court to the State 41
Controller on or before the fifth day of each month for the preceding 42
month for credit to the Account for Programs Related to Domestic 43
Violence and Sexual Assault established pursuant to NRS 228.460. 44
3. Require for the: 45
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(a) First offense within 7 years of any act which constitutes 1
domestic violence, the person to participate in weekly counseling 2
sessions of not less than 1 1/2 hours per week for not less than 6 3
months, but not more than 12 months, at his or her expense, in a 4
program for the treatment of persons who commit domestic violence 5
that has been certified pursuant to NRS 439.258; or 6
(b) Second offense within 7 years of any act which constitutes 7
domestic violence, the person to participate in weekly counseling 8
sessions of not less than 1 1/2 hours per week for 12 months, at his 9
or her expense, in a program for the treatment of persons who 10
commit domestic violence that has been certified pursuant to 11
NRS 439.258. 12
Sec. 7. NRS 179A.075 is hereby amended to read as follows: 13
179A.075 1. The Central Repository for Nevada Records of 14
Criminal History is hereby created within the Records, 15
Communications and Compliance Division of the Department. 16
2. Each agency of criminal justice and any other agency 17
dealing with crime shall: 18
(a) Collect and maintain records, reports and compilations of 19
statistical data required by the Department; and 20
(b) Submit the information collected to the Central Repository: 21
(1) In the manner approved by the Director of the 22
Department; and 23
(2) In accordance with the policies, procedures and 24
definitions of the Uniform Crime Reporting Program of the Federal 25
Bureau of Investigation. 26
3. Each agency of criminal justice shall submit the information 27
relating to records of criminal history that it creates, issues or 28
collects, and any information in its possession relating to the DNA 29
profile of a person from whom a biological specimen is obtained 30
pursuant to NRS 176.09123 or 176.0913, to the Division. The 31
information must be submitted to the Division: 32
(a) Through an electronic network; 33
(b) On a medium of magnetic storage; or 34
(c) In the manner prescribed by the Director of the Department, 35
within 60 days after the date of the disposition of the case. If an 36
agency has submitted a record regarding the arrest of a person who 37
is later determined by the agency not to be the person who 38
committed the particular crime, the agency shall, immediately upon 39
making that determination, so notify the Division. The Division 40
shall delete all references in the Central Repository relating to that 41
particular arrest. 42
4. Each state and local law enforcement agency shall submit 43
Uniform Crime Reports to the Central Repository: 44
(a) In the manner prescribed by the Director of the Department; 45
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(b) In accordance with the policies, procedures and definitions 1
of the Uniform Crime Reporting Program of the Federal Bureau of 2
Investigation; and 3
(c) Within the time prescribed by the Director of the 4
Department. 5
5. The Division shall, in the manner prescribed by the Director 6
of the Department: 7
(a) Collect, maintain and arrange all information submitted to it 8
relating to: 9
(1) Records of criminal history; and 10
(2) The DNA profile of a person from whom a biological 11
specimen is obtained pursuant to NRS 176.09123 or 176.0913. 12
(b) When practicable, use a record of the personal identifying 13
information of a subject as the basis for any records maintained 14
regarding him or her. 15
(c) Upon request, provide, in paper or electronic form, the 16
information that is contained in the Central Repository to the 17
Committee on Domestic Violence and Sexual Assault appointed 18
pursuant to NRS 228.470 when, pursuant to NRS 228.495, the 19
Committee is reviewing the death of the victim of a crime that 20
constitutes domestic violence pursuant to NRS 33.018. 21
6. The Division may: 22
(a) Disseminate any information which is contained in the 23
Central Repository to any other agency of criminal justice; 24
(b) Enter into cooperative agreements with repositories of the 25
United States and other states to facilitate exchanges of information 26
that may be disseminated pursuant to paragraph (a); and 27
(c) Request of and receive from the Federal Bureau of 28
Investigation information on the background and personal history of 29
any person whose record of fingerprints or other biometric identifier 30
the Central Repository submits to the Federal Bureau of 31
Investigation and: 32
(1) Who has applied to any agency of the State of Nevada or 33
any political subdivision thereof for a license which it has the power 34
to grant or deny; 35
(2) With whom any agency of the State of Nevada or any 36
political subdivision thereof intends to enter into a relationship of 37
employment or a contract for personal services; 38
(3) Who has applied to any agency of the State of Nevada or 39
any political subdivision thereof to attend an academy for training 40
peace officers approved by the Peace Officers’ Standards and 41
Training Commission; 42
(4) For whom such information is required or authorized to 43
be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 44
432A.170, 432B.198, 433B.183, 449.123 and 449.4329; or 45
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(5) About whom any agency of the State of Nevada or any 1
political subdivision thereof is authorized by law to have accurate 2
personal information for the protection of the agency or the persons 3
within its jurisdiction. 4
7. To request and receive information from the Federal Bureau 5
of Investigation concerning a person pursuant to subsection 6, the 6
Central Repository must receive: 7
(a) The person’s complete set of fingerprints for the purposes of: 8
(1) Booking the person into a city or county jail or detention 9
facility; 10
(2) Employment; 11
(3) Contractual services; or 12
(4) Services related to occupational licensing; 13
(b) One or more of the person’s fingerprints for the purposes of 14
mobile identification by an agency of criminal justice; or 15
(c) Any other biometric identifier of the person as it may require 16
for the purposes of: 17
(1) Arrest; or 18
(2) Criminal investigation, 19
from the agency of criminal justice or agency of the State of 20
Nevada or any political subdivision thereof and submit the received 21
data to the Federal Bureau of Investigation for its report. 22
8. The Central Repository shall: 23
(a) Collect and maintain records, reports and compilations of 24
statistical data submitted by any agency pursuant to subsection 2. 25
(b) Tabulate and analyze all records, reports and compilations of 26
statistical data received pursuant to this section. 27
(c) Disseminate to federal agencies engaged in the collection of 28
statistical data relating to crime information which is contained in 29
the Central Repository. 30
(d) Investigate the criminal history of any person who: 31
(1) Has applied to the Superintendent of Public Instruction 32
for the issuance or renewal of a license; 33
(2) Has applied to a county school district, charter school or 34
private school for employment or to serve as a volunteer; or 35
(3) Is employed by or volunteers for a county school district, 36
charter school or private school, 37
and immediately notify the superintendent of each county school 38
district, the governing body of each charter school and the 39
Superintendent of Public Instruction, or the administrator of each 40
private school, as appropriate, if the investigation of the Central 41
Repository indicates that the person has been convicted of a 42
violation of NRS 200.508, 201.230, 453.3385, 453.3387 or 453.339, 43
or convicted of a felony or any offense involving moral turpitude. 44
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(e) Upon discovery, immediately notify the superintendent of 1
each county school district, the governing body of each charter 2
school or the administrator of each private school, as appropriate, by 3
providing the superintendent, governing body or administrator with 4
a list of all persons: 5
(1) Investigated pursuant to paragraph (d); or 6
(2) Employed by or volunteering for a county school district, 7
charter school or private school whose fingerprints were sent 8
previously to the Central Repository for investigation, 9
who the Central Repository’s records indicate have been 10
convicted of a violation of NRS 200.508, 201.230, 453.3385, 11
453.3387 or 453.339, or convicted of a felony or any offense 12
involving moral turpitude since the Central Repository’s initial 13
investigation. The superintendent of each county school district, the 14
governing body of a charter school or the administrator of each 15
private school, as applicable, shall determine whether further 16
investigation or action by the district, charter school or private 17
school, as applicable, is appropriate. 18
(f) Investigate the criminal history of each person who submits 19
one or more fingerprints or other biometric identifier or has such 20
data submitted pursuant to NRS 62B.270, 62G.223, 62G.353, 21
424.031, 432A.170, 432B.198, 433B.183, 449.122, 449.123 or 22
449.4329. 23
(g) Provide an electronic means to access on the Central 24
Repository’s Internet website statistical data relating to crime. 25
(h) Provide an electronic means to access on the Central 26
Repository’s Internet website statistical data about domestic 27
violence in this State. 28
(i) Identify and review the collection and processing of 29
statistical data relating to criminal justice by any agency identified 30
in subsection 2 and make recommendations for any necessary 31
changes in the manner of collecting and processing statistical data 32
by any such agency. 33
(j) Adopt regulations governing biometric identifiers and the 34
information and data derived from biometric identifiers, including, 35
without limitation: 36
(1) Their collection, use, safeguarding, handling, retention, 37
storage, dissemination and destruction; and 38
(2) The methods by which a person may request the removal 39
of his or her biometric identifiers from the Central Repository and 40
any other agency where his or her biometric identifiers have been 41
stored. 42
9. The Central Repository may: 43
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(a) In the manner prescribed by the Director of the Department, 1
disseminate compilations of statistical data and publish statistical 2
reports relating to crime. 3
(b) Charge a reasonable fee for any publication or special report 4
it distributes relating to data collected pursuant to this section. The 5
Central Repository may not collect such a fee from an agency of 6
criminal justice or any other agency dealing with crime which is 7
required to submit information pursuant to subsection 2. All money 8
collected pursuant to this paragraph must be used to pay for the cost 9
of operating the Central Repository or for any other purpose 10
authorized by the Legislature, and any balance of the money 11
remaining at the end of a fiscal year reverts to the State General 12
Fund. 13
(c) In the manner prescribed by the Director of the Department, 14
use electronic means to receive and disseminate information 15
contained in the Central Repository that it is authorized to 16
disseminate pursuant to the provisions of this chapter. 17
10. As used in this section: 18
(a) “Mobile identification” means the collection, storage, 19
transmission, reception, search, access or processing of a biometric 20
identifier using a handheld device. 21
(b) “Personal identifying information” means any information 22
designed, commonly used or capable of being used, alone or in 23
conjunction with any other information, to identify a person, 24
including, without limitation: 25
(1) The name, driver’s license number, social security 26
number, date of birth and photograph or computer-generated image 27
of a person; and 28
(2) A biometric identifier of a person. 29
(c) “Private school” has the meaning ascribed to it in 30
NRS 394.103. 31
Sec. 8. NRS 179A.100 is hereby amended to read as follows: 32
179A.100 1. The following records of criminal history may 33
be disseminated by an agency of criminal justice without any 34
restriction pursuant to this chapter: 35
(a) Any which reflect records of conviction only; and 36
(b) Any which pertain to an incident for which a person is 37
currently within the system of criminal justice, including parole or 38
probation. 39
2. Without any restriction pursuant to this chapter, a record of 40
criminal history or the absence of such a record may be: 41
(a) Disclosed among agencies which maintain a system for the 42
mutual exchange of criminal records. 43
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(b) Furnished by one agency to another to administer the system 1
of criminal justice, including the furnishing of information by a 2
police department to a district attorney. 3
(c) Reported to the Central Repository. 4
3. An agency of criminal justice shall disseminate to a 5
prospective employer, upon request, records of criminal history 6
concerning a prospective employee or volunteer which are the result 7
of a name-based inquiry and which: 8
(a) Reflect convictions only; or 9
(b) Pertain to an incident for which the prospective employee or 10
volunteer is currently within the system of criminal justice, 11
including parole or probation. 12
4. Records of criminal history must be disseminated by an 13
agency of criminal justice, upon request, to the following persons or 14
governmental entities: 15
(a) The person who is the subject of the record of criminal 16
history for the purposes of NRS 179A.150. 17
(b) The person who is the subject of the record of criminal 18
history when the subject is a party in a judicial, administrative, 19
licensing, disciplinary or other proceeding to which the information 20
is relevant. 21
(c) The Nevada Gaming Control Board. 22
(d) The State Board of Nursing. 23
(e) The Private Investigator’s Licensing Board to investigate an 24
applicant for a license. 25
(f) A public administrator or a person employed or contracted 26
with pursuant to NRS 253.125, as applicable, to carry out the duties 27
as prescribed in chapter 253 of NRS. 28
(g) A public guardian to investigate a protected person or 29
proposed protected person or persons who may have knowledge of 30
assets belonging to a protected person or proposed protected person. 31
(h) Any agency of criminal justice of the United States or of 32
another state or the District of Columbia. 33
(i) Any public utility subject to the jurisdiction of the Public 34
Utilities Commission of Nevada when the information is necessary 35
to conduct a security investigation of an employee or prospective 36
employee or to protect the public health, safety or welfare. 37
(j) Persons and agencies authorized by statute, ordinance, 38
executive order, court rule, court decision or court order as 39
construed by appropriate state or local officers or agencies. 40
(k) Any person or governmental entity which has entered into a 41
contract to provide services to an agency of criminal justice relating 42
to the administration of criminal justice, if authorized by the 43
contract, and if the contract also specifies that the information will 44
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be used only for stated purposes and that it will be otherwise 1
confidential in accordance with state and federal law and regulation. 2
(l) Any reporter or editorial employee who is employed or 3
affiliated with a newspaper, press association or commercially 4
operated, federally licensed radio or television station who requests 5
a record of a named person or aggregate information for statistical 6
purposes, excluding any personal identifying information, in a 7
professional capacity for communication to the public. 8
(m) Prospective employers if the person who is the subject of 9
the information has given written consent to the release of that 10
information by the agency which maintains it. 11
(n) For the express purpose of research, evaluative or statistical 12
programs pursuant to an agreement with an agency of criminal 13
justice. 14
(o) An agency which provides child welfare services, as defined 15
in NRS 432B.030. 16
(p) The Division of Welfare and Supportive Services of the 17
Department of Health and Human Services or its designated 18
representative, as needed to ensure the safety of investigators and 19
caseworkers. 20
(q) The Aging and Disability Services Division of the 21
Department of Health and Human Services or its designated 22
representative, as needed to ensure the safety of investigators and 23
caseworkers. 24
(r) An agency of this or any other state or the Federal 25
Government that is conducting activities pursuant to Part D of 26
Subchapter IV of Chapter 7 of Title 42 of the Social Security Act, 27
42 U.S.C. §§ 651 et seq. 28
(s) The Commissioner of Insurance. 29
(t) The Board of Medical Examiners. 30
(u) The State Board of Osteopathic Medicine. 31
(v) The Board of Massage Therapy and its Executive Director. 32
(w) The Board of Examiners for Social Workers. 33
(x) The State Board of Cosmetology and its Executive Director. 34
(y) The Committee on Domestic Violence and Sexual Assault 35
appointed pursuant to NRS 228.470 when, pursuant to NRS 36
228.495, the Committee is reviewing the death of the victim of a 37
crime that constitutes domestic violence pursuant to NRS 33.018. 38
(z) A county coroner or medical examiner, as needed to conduct 39
an investigation of the death of a person. 40
5. Agencies of criminal justice in this State which receive 41
information from sources outside this State concerning transactions 42
involving criminal justice which occur outside Nevada shall treat the 43
information as confidentially as is required by the provisions of this 44
chapter. 45
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Sec. 9. NRS 200.3788 is hereby amended to read as follows: 1
200.3788 1. A statewide program to track sexual assault 2
forensic evidence kits must be established in this State. The 3
Attorney General shall, pursuant to the recommendation of the 4
[Sexual Assault Kit Working Group,] Committee on Domestic 5
Violence and Sexual Assault appointed pursuant to NRS 228.470, 6
designate a department or division of the Executive Department of 7
State Government to establish the program. The designated 8
department or division may contract with any appropriate public or 9
private agency, organization or institution to carry out the provisions 10
of this section. 11
2. The program to track sexual assault forensic evidence kits 12
must: 13
(a) Track the location and status of sexual assault forensic 14
evidence kits, including, without limitation, the initial forensic 15
medical examination, receipt by a law enforcement agency and 16
receipt and genetic marker analysis at a forensic laboratory. 17
(b) Allow providers of health care who perform forensic medical 18
examinations, law enforcement agencies, prosecutors, forensic 19
laboratories and any other entities having sexual assault forensic 20
evidence kits in their custody to track the status and location of 21
sexual assault forensic evidence kits. 22
(c) Allow a victim of sexual assault to anonymously track or 23
receive, by telephone or on an Internet website, updates regarding 24
the status and location of his or her sexual assault forensic evidence 25
kit. 26
3. The department or division designated pursuant to 27
subsection 1 shall, on or before January 1 and July 1 of each year, 28
submit to the Governor and the Director of the Legislative Counsel 29
Bureau for transmittal to the Joint Interim Standing Committee on 30
the Judiciary and post on the Internet website maintained by the 31
department or division a report concerning the statewide program to 32
track sexual assault forensic evidence kits. The report must include: 33
(a) The number of sexual assault forensic evidence kits in the 34
program in each county. 35
(b) The number of sexual assault forensic evidence kits for 36
which genetic marker analysis has been completed for each county 37
for the last 6 months. 38
(c) The number of sexual assault forensic evidence kits added to 39
the program in each county during the last 6 months. 40
(d) The number of sexual assault forensic evidence kits for 41
which genetic marker analysis has been requested but not completed 42
for each county. 43
(e) For this State as a whole and each county, the average and 44
median time between a forensic medical examination and receipt of 45
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- *AB45_R1*
a sexual assault forensic evidence kit by a forensic laboratory for 1
genetic marker analysis, overall and for the last 6 months. 2
(f) For this State as a whole and each county, the average and 3
median time between receipt of a sexual assault forensic evidence 4
kit by a forensic laboratory and genetic marker analysis, overall and 5
for the last 6 months. 6
(g) The number of sexual assault forensic evidence kits in each 7
county awaiting genetic marker analysis for more than 1 year and 6 8
months after forensic medical examination. 9
4. Each law enforcement agency, prosecutor, forensic 10
laboratory and provider of health care who performs forensic 11
medical examinations in this State shall participate in the statewide 12
program to track sexual assault forensic evidence kits for the 13
purpose of tracking the status of any sexual assault forensic 14
evidence kits in the custody of the agency, prosecutor, laboratory or 15
provider, or a third party under contract with such agency, 16
prosecutor, laboratory or provider. 17
5. Any agency or person who acts pursuant to this section in 18
good faith and without gross negligence is immune from civil 19
liability for those acts. 20
6. The department or division designated pursuant to 21
subsection 1 may apply for and accept any gift, donation, bequest, 22
grant or other source of money to carry out the provisions of this 23
section. 24
[7. As used in this section, “Sexual Assault Kit Working 25
Group” means the statewide working group led by the Office of the 26
Attorney General to create policies and procedures to address the 27
backlog of sexual assault forensic evidence kits that have not been 28
tested.] 29
Sec. 10. NRS 217.475 is hereby amended to read as follows: 30
217.475 1. A court or an agency of a local government may 31
organize or sponsor one or more multidisciplinary teams to review 32
the death of the victim of a crime that constitutes domestic violence 33
pursuant to NRS 33.018. 34
2. If a multidisciplinary team is organized or sponsored 35
pursuant to subsection 1, the court or agency shall review the death 36
of a victim upon receiving a written request from a person related to 37
the victim within the third degree of consanguinity, if the request is 38
received by the court or agency within 1 year after the date of death 39
of the victim. 40
3. Members of a team that is organized or sponsored pursuant 41
to subsection 1 serve at the pleasure of the court or agency that 42
organizes or sponsors the team and must include, without limitation, 43
representatives of organizations concerned with law enforcement, 44
– 16 –
- *AB45_R1*
issues related to physical or mental health, or the prevention of 1
domestic violence and assistance to victims of domestic violence. 2
4. Each organization represented on such a team may share 3
with other members of the team information in its possession 4
concerning the victim who is the subject of the review or any person 5
who was in contact with the victim and any other information 6
deemed by the organization to be pertinent to the review. Any 7
information shared by an organization with other members of a team 8
is confidential. 9
5. A team organized or sponsored pursuant to this section may, 10
upon request, provide a report concerning its review to a person 11
related to the victim within the third degree of consanguinity. 12
6. Before establishing a team to review the death of a victim 13
pursuant to this section, a court or an agency shall adopt a written 14
protocol describing its objectives and the structure of the team. 15
7. A team organized or sponsored pursuant to this section may 16
request any person, agency or organization that is in possession of 17
information or records concerning the victim who is the subject of 18
the review or any person who was in contact with the victim to 19
provide the team with any information or records that are relevant to 20
the team’s review. Any information or records provided to a team 21
pursuant to this subsection are confidential. 22
8. A team organized or sponsored pursuant to this section may, 23
if appropriate, meet with any person, agency or organization that the 24
team believes may have information relevant to the review 25
conducted by the team, including, without limitation: 26
(a) A multidisciplinary team to review the death of a child 27
organized pursuant to NRS 432B.405; 28
(b) A multidisciplinary team to oversee the review of the death 29
of a child organized pursuant to NRS 432B.4075; or 30
(c) The Committee on Domestic Violence and Sexual Assault 31
appointed pursuant to NRS 228.470. 32
9. Except as otherwise provided in subsection 10, each member 33
of a team organized or sponsored pursuant to this section is immune 34
from civil or criminal liability for an activity related to the review of 35
the death of a victim. 36
10. Each member of a team organized or sponsored pursuant to 37
this section who discloses any confidential information concerning 38
the death of a child is personally liable for a civil penalty of not 39
more than $500. 40
11. The Attorney General: 41
(a) May bring an action to recover a civil penalty imposed 42
pursuant to subsection 10 against a member of a team organized or 43
sponsored pursuant to this section; and 44
– 17 –
- *AB45_R1*
(b) Shall deposit any money received from the civil penalty with 1
the State Treasurer for credit to the State General Fund. 2
12. The results of the review of the death of a victim pursuant 3
to this section are not admissible in any civil action or proceeding. 4
Sec. 11. NRS 427A.940 is hereby amended to read as follows: 5
427A.940 1. The Committee is entitled to access to: 6
(a) All final investigative information of law enforcement 7
agencies regarding a death that may have been caused by or related 8
to adult maltreatment or other incident of adult maltreatment being 9
investigated by the Committee for which the investigation by the 10
law enforcement agency has been closed; 11
(b) Any autopsy and coroner’s investigative records relating to a 12
death of an older person or a vulnerable person that may have been 13
caused by or related to adult maltreatment; 14
(c) Any medical or mental health records of a decedent or other 15
victim of adult maltreatment; 16
(d) Any records of the Division or any other agency which has 17
provided services to a decedent or other victim of adult 18
maltreatment; and 19
(e) Any other records determined by the Committee to be 20
necessary to perform its duties, except for records of a law 21
enforcement agency not described in paragraph (a). 22
2. The Committee may, if appropriate, meet and share 23
information with: 24
(a) A multidisciplinary team to review the death of the victim of 25
a crime that constitutes domestic violence organized or sponsored 26
pursuant to NRS 217.475; 27
(b) The Committee on Domestic Violence and Sexual Assault 28
appointed pursuant to NRS 228.470; or 29
(c) The Unit for the Investigation and Prosecution of Crimes 30
Against Older Persons or Vulnerable Persons in the Office of the 31
Attorney General created by NRS 228.265. 32
3. The Committee may petition the district court for the 33
issuance of, and the district court may issue, a subpoena to compel 34
the production of any books, records or papers described in 35
subsection 1 that are relevant to the cause of any death or incident of 36
adult maltreatment being investigated by the Committee. Except as 37
otherwise provided in NRS 239.0115, any books, records or papers 38
received by the Committee pursuant to a subpoena issued pursuant 39
to this subsection shall be deemed confidential and privileged and 40
not subject to disclosure. 41
4. The Committee may use data collected concerning a death 42
that is known or suspected to have been caused by or be related to 43
adult maltreatment for the purpose of research or to prevent future 44
– 18 –
- *AB45_R1*
adult maltreatment if the data is aggregated and does not allow for 1
the identification of any person. 2
5. Except as otherwise provided in this section, information 3
acquired by, and the records of, the Committee are confidential, are 4
not public records, must not be disclosed and are not subject to 5
subpoena, discovery or introduction into evidence in any civil or 6
criminal proceeding. The disclosure of information or records to the 7
Committee does not make such information or records confidential 8
with respect to the person or entity that disclosed the records if the 9
information or records are not otherwise confidential. 10
6. The meetings of the Committee are closed to the public. 11
Sec. 12. NRS 432B.290 is hereby amended to read as follows: 12
432B.290 1. Information maintained by an agency which 13
provides child welfare services must be maintained by the agency 14
which provides child welfare services as required by federal law as a 15
condition of the allocation of federal money to this State. 16
2. Except as otherwise provided in this section and NRS 17
432B.165, 432B.175 and 432B.513, information maintained by an 18
agency which provides child welfare services may, at the discretion 19
of the agency which provides child welfare services, be made 20
available only to: 21
(a) A physician, if the physician has before him or her a child 22
who the physician has reasonable cause to believe has been abused 23
or neglected; 24
(b) A person authorized to place a child in protective custody, if 25
the person has before him or her a child who the person has 26
reasonable cause to believe has been abused or neglected and the 27
person requires the information to determine whether to place the 28
child in protective custody; 29
(c) An agency, including, without limitation, an agency in 30
another jurisdiction, responsible for or authorized to undertake the 31
care, treatment or supervision of: 32
(1) The child; or 33
(2) The person responsible for the welfare of the child; 34
(d) A district attorney or other law enforcement officer who 35
requires the information in connection with an investigation or 36
prosecution of the abuse or neglect of a child; 37
(e) Except as otherwise provided in paragraph (f), a court other 38
than a juvenile court, for in camera inspection only, unless the court 39
determines that public disclosure of the information is necessary for 40
the determination of an issue before it; 41
(f) A court, as defined in NRS 159A.015, to determine whether 42
a guardian or successor guardian of a child should be appointed 43
pursuant to chapter 159A of NRS or NRS 432B.466 to 432B.468, 44
inclusive; 45
– 19 –
- *AB45_R1*
(g) A person engaged in bona fide research or an audit, but 1
information identifying the subjects of a report must not be made 2
available to the person; 3
(h) The attorney and the guardian ad litem of the child, if the 4
information is reasonably necessary to promote the safety, 5
permanency and well-being of the child; 6
(i) A person who files or intends to file a petition for the 7
appointment of a guardian or successor guardian of a child pursuant 8
to chapter 159A of NRS or NRS 432B.466 to 432B.468, inclusive, 9
if the identity of the person responsible for reporting the abuse or 10
neglect of the child to a public agency is kept confidential and the 11
information is reasonably necessary to promote the safety, 12
permanency and well-being of the child; 13
(j) The proposed guardian or proposed successor guardian of a 14
child over whom a guardianship is sought pursuant to chapter 159A 15
of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of 16
the person responsible for reporting the abuse or neglect of the child 17
to a public agency is kept confidential and the information is 18
reasonably necessary to promote the safety, permanency and well-19
being of the child; 20
(k) A grand jury upon its determination that access to these 21
records and the information is necessary in the conduct of its official 22
business; 23
(l) A federal, state or local governmental entity, or an agency of 24
such an entity, or a juvenile court, that needs access to the 25
information to carry out its legal responsibilities to protect children 26
from abuse and neglect; 27
(m) A person or an organization that has entered into a written 28
agreement with an agency which provides child welfare services to 29
provide assessments or services and that has been trained to make 30
such assessments or provide such services; 31
(n) A team organized pursuant to NRS 432B.350 for the 32
protection of a child; 33
(o) A team organized pursuant to NRS 432B.405 to review the 34
death of a child; 35
(p) A multidisciplinary team, as defined in NRS 432B.4014; 36
(q) A parent or legal guardian of the child and an attorney of a 37
parent or legal guardian of the child, including, without limitation, 38
the parent or guardian of a child over whom a guardianship is 39
sought pursuant to chapter 159A of NRS or NRS 432B.466 to 40
432B.468, inclusive, if the identity of the person responsible for 41
reporting the abuse or neglect of the child to a public agency is kept 42
confidential and the information is reasonably necessary to promote 43
the safety, permanency and well-being of the child and is limited to 44
information concerning that parent or guardian; 45
– 20 –
- *AB45_R1*
(r) The child over whom a guardianship is sought pursuant to 1
chapter 159A of NRS or NRS 432B.466 to 432B.468, inclusive, if: 2
(1) The child is 14 years of age or older; and 3
(2) The identity of the person responsible for reporting the 4
abuse or neglect of the child to a public agency is kept confidential 5
and the information is reasonably necessary to promote the safety, 6
permanency and well-being of the child; 7
(s) The persons or agent of the persons who are the subject of a 8
report, if the information is reasonably necessary to promote the 9
safety, permanency and well-being of the child and is limited to 10
information concerning those persons; 11
(t) An agency that is authorized by law to license foster homes 12
or facilities for children or to investigate persons applying for 13
approval to adopt a child, if the agency has before it an application 14
for that license or is investigating an applicant to adopt a child; 15
(u) Upon written consent of the parent, any officer of this State 16
or a city or county thereof or Legislator authorized by the agency or 17
department having jurisdiction or by the Legislature, acting within 18
its jurisdiction, to investigate the activities or programs of an agency 19
which provides child welfare services if: 20
(1) The identity of the person making the report is kept 21
confidential; and 22
(2) The officer, Legislator or a member of the family of the 23
officer or Legislator is not the person alleged to have committed the 24
abuse or neglect; 25
(v) The Division of Parole and Probation of the Department of 26
Public Safety for use pursuant to NRS 176.135 in making a 27
presentence investigation and report to the district court or pursuant 28
to NRS 176.151 in making a general investigation and report; 29
(w) Any person who is required pursuant to NRS 432B.220 to 30
make a report to an agency which provides child welfare services or 31
to a law enforcement agency; 32
(x) A local advisory board to expedite proceedings for the 33
placement of children created pursuant to NRS 432B.604; 34
(y) The panel established pursuant to NRS 432B.396 to evaluate 35
agencies which provide child welfare services; 36
(z) An employer in accordance with subsection 3 of 37
NRS 432.100; 38
(aa) A team organized or sponsored pursuant to NRS 217.475 or 39
228.495 to review the death of the victim of a crime that constitutes 40
domestic violence; 41
(bb) The Committee on Domestic Violence and Sexual Assault 42
appointed pursuant to NRS 228.470; or 43
(cc) The Committee to Review Suicide Fatalities created by 44
NRS 439.5104. 45
– 21 –
- *AB45_R1*
3. An agency investigating a report of the abuse or neglect of a 1
child shall, upon request, provide to a person named in the report as 2
allegedly causing the abuse or neglect of the child: 3
(a) A copy of: 4
(1) Any statement made in writing to an investigator for the 5
agency by the person named in the report as allegedly causing the 6
abuse or neglect of the child; or 7
(2) Any recording made by the agency of any statement 8
made orally to an investigator for the agency by the person named in 9
the report as allegedly causing the abuse or neglect of the child; or 10
(b) A written summary of the allegations made against the 11
person who is named in the report as allegedly causing the abuse or 12
neglect of the child. The summary must not identify the person 13
responsible for reporting the alleged abuse or neglect or any 14
collateral sources and reporting parties. 15
4. Except as otherwise provided by subsection 6, before 16
releasing any information maintained by an agency which provides 17
child welfare services pursuant to this section, an agency which 18
provides child welfare services shall take whatever precautions it 19
determines are reasonably necessary to protect the identity and 20
safety of any person who reports child abuse or neglect and to 21
protect any other person if the agency which provides child welfare 22
services reasonably believes that disclosure of the information 23
would cause a specific and material harm to an investigation of the 24
alleged abuse or neglect of a child or the life or safety of any person. 25
5. The provisions of this section must not be construed to 26
require an agency which provides child welfare services to disclose 27
information maintained by the agency which provides child welfare 28
services if, after consultation with the attorney who represents the 29
agency, the agency determines that such disclosure would cause a 30
specific and material harm to a criminal investigation. 31
6. A person who is the subject of a report of child abuse or 32
neglect made pursuant to this chapter that is assigned a disposition 33
other than substantiated pursuant to NRS 432B.305 and who 34
believes that the report was made in bad faith or with malicious 35
intent may petition a district court to order the agency which 36
provides child welfare services to release information maintained by 37
the agency which provides child welfare services. The petition must 38
specifically set forth the reasons supporting the belief that the report 39
was made in bad faith or with malicious intent. The petitioner shall 40
provide notice to the agency which provides child welfare services 41
so that the agency may participate in the action through its counsel. 42
The district court shall review the information which the petitioner 43
requests to be released and the petitioner shall be allowed to present 44
evidence in support of the petition. If the court determines that there 45
– 22 –
- *AB45_R1*
is a reasonable question of fact as to whether the report was made in 1
bad faith or with malicious intent and that the disclosure of the 2
identity of the person who made the report would not be likely to 3
endanger the life or safety of the person who made the report, the 4
court shall provide a copy of the information to the petitioner and 5
the original information is subject to discovery in a subsequent civil 6
action regarding the making of the report. 7
7. If an agency which provides child welfare services receives 8
any information that is deemed confidential by law, the agency 9
which provides child welfare services shall maintain the 10
confidentiality of the information as prescribed by applicable law. 11
8. Pursuant to this section, a person may authorize the release 12
of information maintained by an agency which provides child 13
welfare services about himself or herself, but may not waive the 14
confidentiality of such information concerning any other person. 15
9. An agency which provides child welfare services may 16
provide a summary of the outcome of an investigation of the alleged 17
abuse or neglect of a child to the person who reported the suspected 18
abuse or neglect. 19
10. Except as otherwise provided in this subsection, any person 20
who is provided with information maintained by an agency which 21
provides child welfare services and who further disseminates the 22
information or makes the information public is guilty of a gross 23
misdemeanor. This subsection does not apply to: 24
(a) A district attorney or other law enforcement officer who uses 25
the information solely for the purpose of initiating legal 26
proceedings; 27
(b) An employee of the Division of Parole and Probation of the 28
Department of Public Safety making a presentence investigation and 29
report to the district court pursuant to NRS 176.135 or making a 30
general investigation and report pursuant to NRS 176.151; or 31
(c) An employee of a juvenile justice agency who provides the 32
information to the juvenile court. 33
11. An agency which provides child welfare services may 34
charge a fee for processing costs reasonably necessary to prepare 35
information maintained by the agency which provides child welfare 36
services for release pursuant to this section. 37
12. An agency which provides child welfare services shall 38
adopt rules, policies or regulations to carry out the provisions of this 39
section. 40
13. As used in this section, “juvenile justice agency” means the 41
Youth Parole Bureau or a director of juvenile services. 42
Sec. 13. NRS 432B.407 is hereby amended to read as follows: 43
432B.407 1. A multidisciplinary team to review the death of 44
a child is entitled to access to: 45
– 23 –
- *AB45_R1*
(a) All investigative information of law enforcement agencies 1
regarding the death; 2
(b) Any autopsy and coroner’s investigative records relating to 3
the death; 4
(c) Any medical or mental health records of the child; and 5
(d) Any records of social and rehabilitative services or of any 6
other social service agency which has provided services to the child 7
or the child’s family. 8
2. Each organization represented on a multidisciplinary team to 9
review the death of a child shall share with other members of the 10
team information in its possession concerning the child who is the 11
subject of the review, any siblings of the child, any person who was 12
responsible for the welfare of the child and any other information 13
deemed by the organization to be pertinent to the review. 14
3. A multidisciplinary team to review the death of a child may, 15
if appropriate, meet and share information with: 16
(a) A multidisciplinary team to review the death of the victim of 17
a crime that constitutes domestic violence organized or sponsored 18
pursuant to NRS 217.475; or 19
(b) The Committee on Domestic Violence and Sexual Assault 20
appointed pursuant to NRS 228.470. 21
4. A multidisciplinary team to review the death of a child may 22
petition the district court for the issuance of, and the district court 23
may issue, a subpoena to compel the production of any books, 24
records or papers relevant to the cause of any death being 25
investigated by the team. Except as otherwise provided in NRS 26
239.0115, any books, records or papers received by the team 27
pursuant to the subpoena shall be deemed confidential and 28
privileged and not subject to disclosure. 29
5. A multidisciplinary team to review the death of a child may 30
use data collected concerning the death of a child for the purpose of 31
research or to prevent future deaths of children if the data is 32
aggregated and does not allow for the identification of any person. 33
6. Except as otherwise provided in this section, information 34
acquired by, and the records of, a multidisciplinary team to review 35
the death of a child are confidential, must not be disclosed, and are 36
not subject to subpoena, discovery or introduction into evidence in 37
any civil or criminal proceeding. 38
Sec. 14. NRS 439.5106 is hereby amended to read as follows: 39
439.5106 1. The Committee: 40
(a) Except as otherwise provided in this paragraph, shall adopt a 41
written protocol setting forth the suicide fatalities in this State which 42
must be reported to the Committee and screened for review by the 43
Committee and the suicide fatalities in this State which the 44
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- *AB45_R1*
Committee may reject for review. The Committee shall not review 1
any case in which litigation is pending. 2
(b) May review any accidental death which the Committee 3
determines may assist in suicide prevention efforts in this State. 4
(c) May establish differing levels of review, including, without 5
limitation, a comprehensive or limited review depending upon the 6
nature of the incident or the purpose of the review. 7
2. The Committee shall obtain and use any data or other 8
information to: 9
(a) Review suicide fatalities in this State to determine trends, 10
risk factors and strategies for prevention; 11
(b) Determine and prepare reports concerning trends and 12
patterns of suicide fatalities in this State; 13
(c) Identify and evaluate the prevalence of risk factors for 14
preventable suicide fatalities in this State; 15
(d) Evaluate and prepare reports concerning high-risk factors, 16
current practices, lapses in systematic responses and barriers to the 17
safety and well-being of persons who are at risk of suicide in this 18
State; and 19
(e) Recommend any improvement in sources of information 20
relating to investigating reported suicide fatalities and preventing 21
suicide in this State. 22
3. In conducting a review of a suicide fatality in this State, the 23
Committee shall, to the greatest extent practicable, consult and 24
cooperate with: 25
(a) The Coordinator of the Statewide Program for Suicide 26
Prevention employed pursuant to NRS 439.511; 27
(b) Each trainer for suicide prevention employed pursuant to 28
NRS 439.513; 29
(c) The Committee on Domestic Violence and Sexual Assault 30
appointed pursuant to NRS 228.470; and 31
(d) A multidisciplinary team: 32
(1) To review the death of the victim of a crime that 33
constitutes domestic violence organized or sponsored pursuant to 34
NRS 217.475; 35
(2) To review the death of a child organized pursuant to NRS 36
432B.405; and 37
(3) To oversee the review of the death of a child organized 38
pursuant to NRS 432B.4075. 39
4. Any review conducted by the Committee pursuant to NRS 40
439.5102 to 439.5108, inclusive, is separate from, independent of 41
and in addition to any investigation or review which is required or 42
authorized by law to be conducted, including, without limitation, 43
any investigation conducted by a coroner or coroner’s deputy 44
pursuant to NRS 259.050. 45
– 25 –
- *AB45_R1*
5. To conduct a review pursuant to NRS 439.5102 to 439.5108, 1
inclusive, the Committee may access information, including, 2
without limitation: 3
(a) Any investigative information obtained by a law 4
enforcement agency relating to a death; 5
(b) Any records from an autopsy or an investigation conducted 6
by a coroner or coroner’s deputy relating to a death; 7
(c) Any medical or mental health records of a decedent; 8
(d) Any records relating to social or rehabilitative services 9
provided to a decedent; and 10
(e) Any records of a social services agency which has provided 11
services to a decedent. 12
Sec. 15. NRS 440.170 is hereby amended to read as follows: 13
440.170 1. All certificates in the custody of the State 14
Registrar are open to inspection subject to the provisions of this 15
chapter. It is unlawful for any employee of the State to disclose data 16
contained in vital statistics, except as authorized by this chapter or 17
by the Board. 18
2. Information in vital statistics indicating that a birth occurred 19
out of wedlock must not be disclosed except upon order of a court of 20
competent jurisdiction. 21
3. The Board: 22
(a) Shall allow the use of data contained in vital statistics to 23
carry out the provisions of NRS 442.300 to 442.330, inclusive; 24
(b) Shall allow the use of certificates of death by a 25
multidisciplinary team: 26
(1) To review the death of the victim of a crime that 27
constitutes domestic violence organized or sponsored pursuant to 28
NRS 217.475; and 29
(2) To review the death of a child established pursuant to 30
NRS 432B.405 and 432B.406; 31
(c) Shall allow the use of certificates of death by the: 32
(1) Committee on Domestic Violence and Sexual Assault 33
appointed pursuant to NRS 228.470; and 34
(2) Committee to Review Suicide Fatalities created by NRS 35
439.5104; and 36
(d) May allow the use of data contained in vital statistics for 37
other research purposes, but without identifying the persons to 38
whom the records relate. 39
Sec. 16. NRS 442.774 is hereby amended to read as follows: 40
442.774 1. The Committee is entitled to access to: 41
(a) All final investigative information of law enforcement 42
agencies regarding a maternal death or incident of severe maternal 43
morbidity being investigated by the Committee for which the 44
investigation by the law enforcement agency has been closed; 45
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(b) Any autopsy and coroner’s investigative records relating to 1
the death or incident; 2
(c) Any medical or mental health records of the person who 3
gave birth to a child; 4
(d) Any records of social and rehabilitative services or of any 5
other social service agency which has provided services to the 6
person who gave birth to a child or the family of the person who 7
gave birth to a child; 8
(e) The system for the reporting of information on cancer and 9
other neoplasms established pursuant to NRS 457.230; and 10
(f) Any other records determined by the Committee to be 11
necessary to perform its duties, except for records of a law 12
enforcement agency not described in paragraph (a). 13
2. The Committee may, if appropriate, meet and share 14
information with: 15
(a) A multidisciplinary team to review the death of the victim of 16
a crime that constitutes domestic violence organized or sponsored 17
pursuant to NRS 217.475; or 18
(b) The Committee on Domestic Violence and Sexual Assault 19
appointed pursuant to NRS 228.470. 20
3. The Committee may petition the district court for the 21
issuance of, and the district court may issue, a subpoena to compel 22
the production of any books, records or papers described in 23
subsection 1 that are relevant to the cause of any death or incident of 24
severe maternal morbidity being investigated by the Committee. 25
Except as otherwise provided in NRS 239.0115, any books, records 26
or papers received by the Committee pursuant to the subpoena shall 27
be deemed confidential and privileged and not subject to disclosure. 28
4. The Committee may use data collected concerning a 29
maternal death or incident of severe maternal morbidity for the 30
purpose of research or to prevent future maternal mortality and 31
severe maternal morbidity if the data is aggregated and does not 32
allow for the identification of any person. 33
5. Except as otherwise provided in this section, information 34
acquired by, and the records of, the Committee are confidential, are 35
not public records, must not be disclosed, and are not subject to 36
subpoena, discovery or introduction into evidence in any civil or 37
criminal proceeding. 38
6. The meetings of the Committee are closed to the public. 39
Sec. 17. The provisions of subsection 1 of NRS 218D.380 do 40
not apply to any provisions of this act which adds or revises a 41
requirement to submit a report to the Legislature. 42
Sec. 18. 1. The Legislative Counsel shall, in preparing 43
supplements to the Nevada Administrative Code, appropriately 44
change any references to an officer, agency or other entity whose 45
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name is changed or whose responsibilities are transferred pursuant 1
to the provisions of this act to refer to the appropriate officer, 2
agency or other entity. 3
2. Any administrative regulations adopted by an officer or an 4
agency whose name has been changed or whose responsibilities 5
have been transferred pursuant to the provisions of this act to 6
another officer or agency remain in force until amended by the 7
officer or agency to which the responsibility for the adoption of the 8
regulations has been transferred. 9
3. Any contracts or other agreements entered into by an officer 10
or agency whose name has been changed or whose responsibilities 11
have been transferred pursuant to the provisions of this act to 12
another officer or agency are binding upon the officer or agency to 13
which the responsibility for the administration of the provisions of 14
the contract or other agreement has been transferred. Such contracts 15
and other agreements may be enforced by the officer or agency to 16
which the responsibility for the enforcement of the provisions of the 17
contract or other agreement has been transferred. 18
4. Any action taken by an officer or agency whose name has 19
been changed or whose responsibilities have been transferred 20
pursuant to the provisions of this act to another officer or agency 21
remains in effect as if taken by the officer or agency to which the 22
responsibility for the enforcement of such actions has been 23
transferred. 24
H