[Rev. 11/21/2013 9:57:51 AM--2013]

CHAPTER 179A - RECORDS OF CRIMINAL HISTORY AND INFORMATION RELATING TO PUBLIC SAFETY

GENERAL PROVISIONS

NRS 179A.010        Definitions.

NRS 179A.020        “Administration of criminal justice” defined.

NRS 179A.030        “Agency of criminal justice” defined.

NRS 179A.045        “Central Repository” defined.

NRS 179A.047        “Child” defined.

NRS 179A.049        “Department” defined.

NRS 179A.050        “Disposition” defined.

NRS 179A.060        “Dissemination” defined.

NRS 179A.062        “National Instant Criminal Background Check System” defined.

NRS 179A.066        “Offender convicted of a crime against a child” defined.

NRS 179A.070        “Record of criminal history” defined.

NRS 179A.071        “Record of registration” defined.

NRS 179A.0715      “Records of criminal history of the United States or another state” defined.

NRS 179A.072        “Sex offender” defined.

NRS 179A.073        “Sexual offense” defined.

CENTRAL REPOSITORY FOR NEVADA RECORDS OF CRIMINAL HISTORY

NRS 179A.075        Creation; duties of agencies of criminal justice and certain other agencies; duties and powers of General Services Division of Department and Central Repository.

NRS 179A.078        Uniform Program for Reporting Crimes: Establishment; purpose.

NRS 179A.079        Advisory Committee on Nevada Criminal Justice Information Sharing: Creation; members; duties; terms of office; meetings.

NRS 179A.080        Duties of Director of Department.

NRS 179A.090        Prerequisite to dissemination of records; exceptions.

NRS 179A.100        Records that may be disseminated without restriction; records that must be disseminated upon request; information that must be disseminated regardless of written consent; information that must be disseminated only with written consent. [Effective through June 30, 2015.]

NRS 179A.100        Records that may be disseminated without restriction; records that must be disseminated upon request; information that must be disseminated regardless of written consent; information that must be disseminated only with written consent. [Effective July 1, 2015.]

NRS 179A.105        Immunity of employer who fails to request certain information concerning volunteer.

NRS 179A.110        Records to be used solely for purpose requested; further dissemination of information or records.

NRS 179A.120        Disclosures to victims of crime.

NRS 179A.130        Log to be maintained of dissemination of information relating to records of criminal history.

NRS 179A.140        Fee for furnishing information relating to records of criminal history; use of money collected.

NRS 179A.150        Inspection and correction of information contained in record of criminal history.

NRS 179A.160        Removal of certain records where disposition of case favorable to accused.

TRANSMITTAL OF MENTAL HEALTH INFORMATION TO NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM

NRS 179A.163        Transmittal of mental health information to National Instant Criminal Background Check System; person who is subject of record may petition; removal of information; action to compel.

NRS 179A.165        Confidentiality of records; immunity for performing or failing to perform certain acts.

NRS 179A.167        Inspection and correction of information relating to records of mental health; regulations.

PROGRAM FOR REPORTING CRIMES RELATED TO PREJUDICE

NRS 179A.175        Establishing Program; adoption of guidelines for collection of statistical data; report; data to be used only for research or statistical purposes.

DISSEMINATION OF INFORMATION RELATING TO CERTAIN OFFENSES

NRS 179A.180        Definitions.

NRS 179A.190        Notice of information may be disseminated to employers; use by employer; employer not liable for discrimination; other dissemination or release; offenses for which notice may be disseminated.

NRS 179A.200        Employer may request notice of information; requirements for making request.

NRS 179A.210        Request by employer for notice of information; search by Central Repository; dissemination of notice; written report required; correction of information; receipt of new information.

NRS 179A.220        Hearings.

NRS 179A.230        When person who is subject of notice of information may bring action for damages; when child who is victim of offense committed by employee may bring action for damages against employer; statute of limitations.

NRS 179A.240        Unlawful acts.

ACCOUNT TO INVESTIGATE BACKGROUND OF VOLUNTEERS WHO WORK WITH CHILDREN

NRS 179A.310        Creation; administration; purpose; regulations; failure to apply for grant or request background investigation is not evidence of negligence or causation.

NRS 179A.315        Donations to Account: Forms and procedures; deposit with State Treasurer.

REPOSITORY FOR INFORMATION CONCERNING ORDERS FOR PROTECTION AGAINST DOMESTIC VIOLENCE

NRS 179A.350        Creation; contents; prompt entry of information; accessibility; submission of report to Legislature.

REPOSITORY FOR INFORMATION CONCERNING CRIMES AGAINST OLDER PERSONS

NRS 179A.450        Creation; contents; submission of report to Legislature; confidentiality of data.

NATIONAL CRIME PREVENTION AND PRIVACY COMPACT

NRS 179A.800        Enactment; text.

PENALTIES

NRS 179A.900        Unlawful acts.

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GENERAL PROVISIONS

      NRS 179A.010  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 179A.020 to 179A.073, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1979, 1850; A 1987, 1764; 2005, 2864; 2009, 1834, 2490)

      NRS 179A.020  “Administration of criminal justice” defined.  “Administration of criminal justice” means detection, apprehension, detention, release pending trial or after trial, prosecution, adjudication, correctional supervision or rehabilitation of accused persons or criminal offenders, and includes criminal identification activities and the collection, storage and dissemination of records of criminal history.

      (Added to NRS by 1979, 1850)

      NRS 179A.030  “Agency of criminal justice” defined.  “Agency of criminal justice” means:

      1.  Any court; and

      2.  Any governmental agency or subunit of any governmental agency which performs a function in the administration of criminal justice pursuant to a statute or executive order, and which allocates a substantial part of its budget to a function in the administration of criminal justice.

      (Added to NRS by 1979, 1850; A 2013, 112)

      NRS 179A.045  “Central Repository” defined.  “Central Repository” means the Central Repository for Nevada Records of Criminal History.

      (Added to NRS by 1985, 912)

      NRS 179A.047  “Child” defined.  “Child” means a person under the age of 16 years.

      (Added to NRS by 1987, 1760)

      NRS 179A.049  “Department” defined.  “Department” means the Department of Public Safety.

      (Added to NRS by 1987, 1760; A 2001, 2574)

      NRS 179A.050  “Disposition” defined.  “Disposition” means the formal conclusion of a criminal proceeding at any point in the administration of criminal justice which shows the nature of the conclusion.

      (Added to NRS by 1979, 1850)

      NRS 179A.060  “Dissemination” defined.  “Dissemination” means disclosing records of criminal history or the absence of records of criminal history to a person or agency outside the organization which has control of the information.

      (Added to NRS by 1979, 1850; A 1985, 912)

      NRS 179A.062  “National Instant Criminal Background Check System” defined.  “National Instant Criminal Background Check System” means the national system created by the federal Brady Handgun Violence Prevention Act, Public Law 103-159.

      (Added to NRS by 2009, 2488)

      NRS179A.066  “Offender convicted of a crime against a child” defined.  “Offender convicted of a crime against a child” has the meaning ascribed to it in NRS 179D.0559.

      (Added to NRS by 2005, 2864; A 2007, 2753)

      NRS 179A.070  “Record of criminal history” defined.

      1.  “Record of criminal history” means information contained in records collected and maintained by agencies of criminal justice, the subject of which is a natural person, consisting of descriptions which identify the subject and notations of summons in a criminal action, warrants, arrests, citations for misdemeanors issued pursuant to NRS 171.1773, citations issued for violations of NRS 484C.110, 484C.120, 484C.130 and 484C.430, detentions, decisions of a district attorney or the Attorney General not to prosecute the subject, indictments, informations or other formal criminal charges and dispositions of charges, including, without limitation, dismissals, acquittals, convictions, sentences, information set forth in NRS 209.353 concerning an offender in prison, any postconviction relief, correctional supervision occurring in Nevada, information concerning the status of an offender on parole or probation, and information concerning a convicted person who has registered as such pursuant to chapter 179C of NRS. The term includes only information contained in a record, maintained in written or electronic form, of a formal transaction between a person and an agency of criminal justice in this State, including, without limitation, the fingerprints of a person who is arrested and taken into custody and of a person who is placed on parole or probation and supervised by the Division of Parole and Probation of the Department.

      2.  “Record of criminal history” does not include:

      (a) Investigative or intelligence information, reports of crime or other information concerning specific persons collected in the course of the enforcement of criminal laws;

      (b) Information concerning juveniles;

      (c) Posters, announcements or lists intended to identify fugitives or wanted persons and aid in their apprehension;

      (d) Original records of entry maintained by agencies of criminal justice if the records are chronological and not cross-indexed;

      (e) Records of application for and issuance, suspension, revocation or renewal of occupational licenses, including, without limitation, permits to work in the gaming industry;

      (f) Except as otherwise provided in subsection 1, court indexes and records of public judicial proceedings, court decisions and opinions, and information disclosed during public judicial proceedings;

      (g) Except as otherwise provided in subsection 1, records of traffic violations constituting misdemeanors;

      (h) Records of traffic offenses maintained by the Department to regulate the issuance, suspension, revocation or renewal of drivers’ or other operators’ licenses;

      (i) Announcements of actions by the State Board of Pardons Commissioners and the State Board of Parole Commissioners, except information concerning the status of an offender on parole or probation; or

      (j) Records which originated in an agency other than an agency of criminal justice in this State.

      (Added to NRS by 1979, 1850; A 1985, 1977; 1987, 1764; 1995, 2069; 1997, 1327; 1999, 2089; 2005, 164; 2007, 2810)

      NRS179A.071  “Record of registration” defined.  “Record of registration” has the meaning ascribed to it in NRS 179D.070.

      (Added to NRS by 2005, 2864; A 2011, 220)

      NRS 179A.0715  “Records of criminal history of the United States or another state” defined.  “Records of criminal history of the United States or another state” means records which originated in an agency of criminal justice of the Federal Government or an agency of criminal justice of another state.

      (Added to NRS by 2009, 1834)

      NRS179A.072  “Sex offender” defined.  “Sex offender” has the meaning ascribed to it in NRS 179D.400.

      (Added to NRS by 2005, 2864)

      NRS 179A.073  “Sexual offense” defined.

      1.  “Sexual offense” includes acts upon a child constituting:

      (a) Sexual assault under NRS 200.366;

      (b) Statutory sexual seduction under NRS 200.368;

      (c) Use of a minor in producing pornography under NRS 200.710;

      (d) Promotion of a sexual performance of a minor under NRS 200.720;

      (e) Possession of a visual presentation depicting the sexual conduct of a child under NRS 200.730;

      (f) Incest under NRS 201.180;

      (g) Lewdness with a child under NRS 201.230; or

      (h) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.

      2.  “Sexual offense” also includes acts committed outside the State that would constitute any of the offenses in subsection 1 if committed in the State, and the aiding, abetting, attempting or conspiring to engage in any of the offenses in subsection 1.

      (Added to NRS by 1987, 1760; A 2001, 2794; 2003, 1388; 2013, 1167)

CENTRAL REPOSITORY FOR NEVADA RECORDS OF CRIMINAL HISTORY

      NRS 179A.075  Creation; duties of agencies of criminal justice and certain other agencies; duties and powers of General Services Division of Department and Central Repository.

      1.  The Central Repository for Nevada Records of Criminal History is hereby created within the General Services Division of the Department.

      2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

      (a) Collect and maintain records, reports and compilations of statistical data required by the Department; and

      (b) Submit the information collected to the Central Repository in the manner approved by the Director of the Department.

      3.  Each agency of criminal justice shall submit the information relating to records of criminal history that it creates or issues, and any information in its possession relating to the DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913, to the Division. The information must be submitted to the Division:

      (a) Through an electronic network;

      (b) On a medium of magnetic storage; or

      (c) In the manner prescribed by the Director of the Department,

Ê within the period prescribed by the Director of the Department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.

      4.  The Division shall, in the manner prescribed by the Director of the Department:

      (a) Collect, maintain and arrange all information submitted to it relating to:

             (1) Records of criminal history; and

             (2) The DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913.

      (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him or her.

      (c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.

      (d) Upon request, provide, in paper or electronic form, the information that is contained in the Central Repository to a multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence organized or sponsored by the Attorney General pursuant to NRS 228.495.

      5.  The Division may:

      (a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;

      (b) Enter into cooperative agreements with repositories of the United States and other states to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

      (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the Central Repository submits to the Federal Bureau of Investigation and:

             (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

             (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

             (3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers’ Standards and Training Commission;

             (4) For whom such information is required to be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.123 and 449.4329; or

             (5) About whom any agency of the State of Nevada or any political subdivision thereof is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.

Ê To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to this subsection, the Central Repository must receive the person’s complete set of fingerprints from the agency or political subdivision and submit the fingerprints to the Federal Bureau of Investigation for its report.

      6.  The Central Repository shall:

      (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

      (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

      (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.

      (d) Investigate the criminal history of any person who:

             (1) Has applied to the Superintendent of Public Instruction for the issuance or renewal of a license;

             (2) Has applied to a county school district, charter school or private school for employment; or

             (3) Is employed by a county school district, charter school or private school,

Ê and notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

      (e) Upon discovery, notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:

             (1) Investigated pursuant to paragraph (d); or

             (2) Employed by a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,

Ê who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation. The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate.

      (f) Investigate the criminal history of each person who submits fingerprints or has fingerprints submitted pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.122, 449.123 or 449.4329.

      (g) On or before July 1 of each year, prepare and present to the Governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the Governor throughout the year regarding specific areas of crime if they are approved by the Director of the Department.

      (h) On or before July 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for submission to the Legislature, or to the Legislative Commission when the Legislature is not in regular session, a report containing statistical data about domestic violence in this State.

      (i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2 and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

      7.  The Central Repository may:

      (a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.

      (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.

      (c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.

      8.  As used in this section:

      (a) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

             (1) The name, driver’s license number, social security number, date of birth and photograph or computer-generated image of a person; and

             (2) The fingerprints, voiceprint, retina image and iris image of a person.

      (b) “Private school” has the meaning ascribed to it in NRS 394.103.

      (Added to NRS by 1985, 912; A 1987, 666, 1765; 1989, 376, 559, 564; 1991, 825; 1995, 1910; 1997, 445, 1535, 3259, 3266; 1999, 459, 463, 1251, 2090, 2097, 3123, 3135; 2001, 146, 1853, 3034, 3038; 2003, 2834; 2005, 17, 900, 2421; 2007, 1221, 2928; 2009, 1834, 2369; 2011, 994, 3551; 2013, 138, 179, 462, 1073, 2100)

      NRS 179A.078  Uniform Program for Reporting Crimes: Establishment; purpose.  The Director of the Department shall establish within the Central Repository a Uniform Program for Reporting Crimes that is designed to collect statistical data relating to crime or delinquency of children and to facilitate the collection and analysis of statistical data relating to crime at a central location.

      (Added to NRS by 1991, 824; A 1993, 362; 1997, 454; 2005, 903)

      NRS179A.079  Advisory Committee on Nevada Criminal Justice Information Sharing: Creation; members; duties; terms of office; meetings.

      1.  The Director of the Department shall establish within the Department the Advisory Committee on Nevada Criminal Justice Information Sharing.

      2.  The Advisory Committee consists of:

      (a) The Director of the Department or the Director’s designee;

      (b) The Attorney General or the Attorney General’s designee;

      (c) The Director of the Department of Corrections or the Director’s designee;

      (d) One member who is a representative of the Judicial Branch of State Government, appointed by the Chief Justice of the Supreme Court;

      (e) One member appointed by the Nevada Sheriffs’ and Chiefs’ Association, or a successor organization;

      (f) One member appointed by the Nevada District Attorneys Association, or a successor organization;

      (g) One member appointed by the Director of the Department who uses the Central Repository to obtain information relating to records of criminal history for purposes other than criminal justice, which may include, without limitation, for purposes of determining eligibility of persons for employment or licensure;

      (h) One member of the Senate appointed by the Majority Leader of the Senate; and

      (i) One member of the Assembly appointed by the Speaker of the Assembly.

      3.  The Advisory Committee shall:

      (a) Recommend policies and procedures that apply the best management practices to the activities at the Central Repository;

      (b) Advise on technological support for the Central Repository; and

      (c) Advise on the integrated information sharing of statistical data relating to crime or the delinquency of children.

      4.  Each member that is appointed to the Advisory Committee pursuant to subsection 2, other than a member of the Senate or the Assembly, shall serve a term of 3 years. A member of the Senate and the Assembly appointed to the Advisory Committee shall serve until a replacement is appointed. Any vacancy occurring in the membership of the Advisory Committee must be filled in the same manner as the original appointment.

      5.  The Advisory Committee shall meet twice annually.

      6.  The Director may assign such other employees of the Department as the Director deems necessary to assist the Advisory Committee in its duties.

      7.  Members of the Advisory Committee serve without compensation. If sufficient money is available, members are entitled to travel allowances provided for state officers and employees generally while attending meetings of the Advisory Committee.

      (Added to NRS by 2005, 900)

      NRS 179A.080  Duties of Director of Department.  The Director of the Department is responsible for administering this chapter and may adopt regulations for that purpose. The Director shall:

      1.  Adopt regulations for the security of the Central Repository so that it is adequately protected from fire, theft, loss, destruction, other hazards and unauthorized access.

      2.  Adopt regulations and standards for personnel employed by agencies of criminal justice in positions of responsibility for maintenance and dissemination of information relating to records of criminal history and information disseminated pursuant to NRS 179A.180 to 179A.240, inclusive.

      3.  Provide for audits of informational systems by qualified public or private agencies, organizations or persons.

      (Added to NRS by 1979, 1854; A 1981, 2010; 1985, 913, 1978; 1987, 1765; 2003, 2837)

      NRS 179A.090  Prerequisite to dissemination of records; exceptions.  No agency of criminal justice in Nevada may disseminate any record of criminal history which includes information about a felony or a gross misdemeanor without first making inquiry of the Central Repository, to obtain the most current and complete information available, unless:

      1.  The information is needed for a purpose in the administration of criminal justice for which time is essential, and the Central Repository is not able to respond within the required time;

      2.  The full information requested and to be disseminated relates to specific facts or incidents which are within the direct knowledge of an officer, agent or employee of the agency which disseminates the information;

      3.  The full information requested and to be disseminated was received as part of a summary of records of criminal history from the Central Repository within 30 days before the information is disseminated;

      4.  The statute, executive order, court rule or court order under which the information is to be disseminated refers only to information which is in the files of the agency which makes the dissemination;

      5.  The information requested and to be disseminated is for the express purpose of research, evaluation or statistical activities to be based upon information maintained in the files of the agency or agencies from which the information is sought; or

      6.  The information is requested by a compensation officer of the State Board of Examiners pursuant to NRS 217.090.

      (Added to NRS by 1979, 1851; A 1981, 1673; 1985, 913)

      NRS 179A.100  Records that may be disseminated without restriction; records that must be disseminated upon request; information that must be disseminated regardless of written consent; information that must be disseminated only with written consent. [Effective through June 30, 2015.]

      1.  The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:

      (a) Any which reflect records of conviction only; and

      (b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.

      2.  Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:

      (a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.

      (b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.

      (c) Reported to the Central Repository.

      3.  An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which are the result of a name-based inquiry and which:

      (a) Reflect convictions only; or

      (b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.

      4.  In addition to any other information to which an employer is entitled or authorized to receive from a name-based inquiry, the Central Repository shall disseminate to a prospective or current employer, or a person or entity designated to receive the information on behalf of such an employer, the information contained in a record of registration concerning an employee, prospective employee, volunteer or prospective volunteer who is a sex offender or an offender convicted of a crime against a child, regardless of whether the employee, prospective employee, volunteer or prospective volunteer gives written consent to the release of that information. The Central Repository shall disseminate such information in a manner that does not reveal the name of an individual victim of an offense or the information described in subsection 7 of NRS 179B.250. A request for information pursuant to this subsection must conform to the requirements of the Central Repository and must include:

      (a) The name and address of the employer, and the name and signature of the person or entity requesting the information on behalf of the employer;

      (b) The name and address of the employer’s facility in which the employee, prospective employee, volunteer or prospective volunteer is employed or volunteers or is seeking to become employed or volunteer; and

      (c) The name and other identifying information of the employee, prospective employee, volunteer or prospective volunteer.

      5.  In addition to any other information to which an employer is entitled or authorized to receive, the Central Repository shall disseminate to a prospective or current employer, or a person or entity designated to receive the information on behalf of such an employer, the information described in subsection 4 of NRS 179A.190 concerning an employee, prospective employee, volunteer or prospective volunteer who gives written consent to the release of that information if the employer submits a request in the manner set forth in NRS 179A.200 for obtaining a notice of information. The Central Repository shall search for and disseminate such information in the manner set forth in NRS 179A.210 for the dissemination of a notice of information.

      6.  Except as otherwise provided in subsection 5, the provisions of NRS 179A.180 to 179A.240, inclusive, do not apply to an employer who requests information and to whom such information is disseminated pursuant to subsections 4 and 5.

      7.  Records of criminal history must be disseminated by an agency of criminal justice, upon request, to the following persons or governmental entities:

      (a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.

      (b) The person who is the subject of the record of criminal history when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.

      (c) The State Gaming Control Board.

      (d) The State Board of Nursing.

      (e) The Private Investigator’s Licensing Board to investigate an applicant for a license.

      (f) A public administrator to carry out the duties as prescribed in chapter 253 of NRS.

      (g) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.

      (h) Any agency of criminal justice of the United States or of another state or the District of Columbia.

      (i) Any public utility subject to the jurisdiction of the Public Utilities Commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee or to protect the public health, safety or welfare.

      (j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.

      (k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.

      (l) Any reporter for the electronic or printed media in a professional capacity for communication to the public.

      (m) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.

      (n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.

      (o) An agency which provides child welfare services, as defined in NRS 432B.030.

      (p) The Division of Welfare and Supportive Services of the Department of Health and Human Services or its designated representative, as needed to ensure the safety of investigators and caseworkers.

      (q) The Aging and Disability Services Division of the Department of Health and Human Services or its designated representative, as needed to ensure the safety of investigators and caseworkers.

      (r) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Subchapter IV of Chapter 7 of Title 42 of the Social Security Act, 42 U.S.C. §§ 651 et seq.

      (s) The State Disaster Identification Team of the Division of Emergency Management of the Department.

      (t) The Commissioner of Insurance.

      (u) The Board of Medical Examiners.

      (v) The State Board of Osteopathic Medicine.

      (w) The Board of Massage Therapists and its Executive Director.

      (x) A multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence organized or sponsored by the Attorney General pursuant to NRS 228.495.

      (y) A court appointed special advocate program in a county whose population is less than 100,000, as needed to ensure the safety of a child for whom a special advocate has been appointed by a court.

      8.  Agencies of criminal justice in this State which receive information from sources outside this State concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.

      (Added to NRS by 1979, 1852; A 1985, 913; 1987, 1765; 1989, 5, 560, 562, 991; 1991, 130; 1995, 374, 1656; 1997, 1965, 2333, 3261; 1999, 492, 1253, 3126; 2001, 2254, 2577; 2001 Special Session, 16; 2003, 236, 2837; 2005, 2528, 2864; 2007, 274, 2931; 2009, 1837, 2583; 2013, 182, 969)

      NRS 179A.100  Records that may be disseminated without restriction; records that must be disseminated upon request; information that must be disseminated regardless of written consent; information that must be disseminated only with written consent. [Effective July 1, 2015.]

      1.  The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:

      (a) Any which reflect records of conviction only; and

      (b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.

      2.  Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:

      (a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.

      (b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.

      (c) Reported to the Central Repository.

      3.  An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which are the result of a name-based inquiry and which:

      (a) Reflect convictions only; or

      (b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.

      4.  In addition to any other information to which an employer is entitled or authorized to receive from a name-based inquiry, the Central Repository shall disseminate to a prospective or current employer, or a person or entity designated to receive the information on behalf of such an employer, the information contained in a record of registration concerning an employee, prospective employee, volunteer or prospective volunteer who is a sex offender or an offender convicted of a crime against a child, regardless of whether the employee, prospective employee, volunteer or prospective volunteer gives written consent to the release of that information. The Central Repository shall disseminate such information in a manner that does not reveal the name of an individual victim of an offense or the information described in subsection 7 of NRS 179B.250. A request for information pursuant to this subsection must conform to the requirements of the Central Repository and must include:

      (a) The name and address of the employer, and the name and signature of the person or entity requesting the information on behalf of the employer;

      (b) The name and address of the employer’s facility in which the employee, prospective employee, volunteer or prospective volunteer is employed or volunteers or is seeking to become employed or volunteer; and

      (c) The name and other identifying information of the employee, prospective employee, volunteer or prospective volunteer.

      5.  In addition to any other information to which an employer is entitled or authorized to receive, the Central Repository shall disseminate to a prospective or current employer, or a person or entity designated to receive the information on behalf of such an employer, the information described in subsection 4 of NRS 179A.190 concerning an employee, prospective employee, volunteer or prospective volunteer who gives written consent to the release of that information if the employer submits a request in the manner set forth in NRS 179A.200 for obtaining a notice of information. The Central Repository shall search for and disseminate such information in the manner set forth in NRS 179A.210 for the dissemination of a notice of information.

      6.  Except as otherwise provided in subsection 5, the provisions of NRS 179A.180 to 179A.240, inclusive, do not apply to an employer who requests information and to whom such information is disseminated pursuant to subsections 4 and 5.

      7.  Records of criminal history must be disseminated by an agency of criminal justice, upon request, to the following persons or governmental entities:

      (a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.

      (b) The person who is the subject of the record of criminal history when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.

      (c) The State Gaming Control Board.

      (d) The State Board of Nursing.

      (e) The Private Investigator’s Licensing Board to investigate an applicant for a license.

      (f) A public administrator to carry out the duties as prescribed in chapter 253 of NRS.

      (g) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.

      (h) Any agency of criminal justice of the United States or of another state or the District of Columbia.

      (i) Any public utility subject to the jurisdiction of the Public Utilities Commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee or to protect the public health, safety or welfare.

      (j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.

      (k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.

      (l) Any reporter for the electronic or printed media in a professional capacity for communication to the public.

      (m) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.

      (n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.

      (o) An agency which provides child welfare services, as defined in NRS 432B.030.

      (p) The Division of Welfare and Supportive Services of the Department of Health and Human Services or its designated representative, as needed to ensure the safety of investigators and caseworkers.

      (q) The Aging and Disability Services Division of the Department of Health and Human Services or its designated representative, as needed to ensure the safety of investigators and caseworkers.

      (r) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Subchapter IV of Chapter 7 of Title 42 of the Social Security Act, 42 U.S.C. §§ 651 et seq.

      (s) The State Disaster Identification Team of the Division of Emergency Management of the Department.

      (t) The Commissioner of Insurance.

      (u) The Board of Medical Examiners.

      (v) The State Board of Osteopathic Medicine.

      (w) The Board of Massage Therapists and its Executive Director.

      (x) A multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence organized or sponsored by the Attorney General pursuant to NRS 228.495.

      8.  Agencies of criminal justice in this State which receive information from sources outside this State concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.

      (Added to NRS by 1979, 1852; A 1985, 913; 1987, 1765; 1989, 5, 560, 562, 991; 1991, 130; 1995, 374, 1656; 1997, 1965, 2333, 3261; 1999, 492, 1253, 3126; 2001, 2254, 2577; 2001 Special Session, 16; 2003, 236, 2837; 2005, 2528, 2864; 2007, 274, 2931; 2009, 1837, 2583; 2013, 182, 969, effective July 1, 2015)

      NRS 179A.105  Immunity of employer who fails to request certain information concerning volunteer.  An employer who fails to request:

      1.  The information contained in a record of registration concerning a volunteer or prospective volunteer who is a sex offender or an offender convicted of a crime against a child, as authorized pursuant to subsection 4 of NRS 179A.100; or

      2.  The information described in subsection 4 of NRS 179A.190 concerning a volunteer or prospective volunteer, as authorized pursuant to subsection 5 of NRS 179A.100,

Ê is not liable to a child served by the employer for civil damages suffered by the child as a result of an offense listed in subsection 4 of NRS 179A.190 committed against the child by such a volunteer or prospective volunteer.

      (Added to NRS by 2003, 2834; A 2005, 2866)

      NRS 179A.110  Records to be used solely for purpose requested; further dissemination of information or records.  A record of criminal history or any records of criminal history of the United States or another state obtained pursuant to this chapter must be used solely for the purpose for which the record was requested. No person who receives information relating to records of criminal history pursuant to this chapter or who receives information pursuant to NRS 179A.180 to 179A.240, inclusive, may disseminate the information further without express authority of law or in accordance with a court order. This section does not prohibit the dissemination of material by an employee of the electronic or printed media in a professional capacity for communication to the public.

      (Added to NRS by 1979, 1853; A 1987, 1767; 2003, 2839; 2009, 1839)

      NRS 179A.120  Disclosures to victims of crime.

      1.  Agencies of criminal justice may disclose to victims of a crime, members of their families or their guardians the identity of persons suspected of being responsible for the crime, including juveniles who have been certified to stand trial as adults, together with information, including dispositions, which may be of assistance to the victim in obtaining redress for an injury or loss in a civil action. This disclosure may be made regardless of whether charges have been filed, and even if a prosecuting attorney has declined to file charges or the charge has been dismissed.

      2.  Disclosure of investigative information pursuant to this section does not establish a duty to disclose any additional information concerning the same incident or make any disclosure of information obtained by an investigation, except as compelled by legal process.

      (Added to NRS by 1979, 1853; A 1981, 2025)

      NRS 179A.130  Log to be maintained of dissemination of information relating to records of criminal history.  Each agency of criminal justice which maintains and disseminates information relating to records of criminal history must maintain a log of each dissemination of that information other than a dissemination of the fact that the agency has no record relating to a certain person. The log must be maintained for at least 1 year after the information is disseminated, and must contain:

      1.  An entry showing to what agency or person the information relating to records of criminal history were provided;

      2.  The date on which the information was provided;

      3.  The person who is the subject of the information; and

      4.  A brief description of the information provided.

      (Added to NRS by 1979, 1853; A 1987, 1767; 2003, 2839)

      NRS 179A.140  Fee for furnishing information relating to records of criminal history; use of money collected.

      1.  Except as otherwise provided in this section, an agency of criminal justice may charge a reasonable fee for information relating to records of criminal history provided to any person or governmental entity.

      2.  An agency of criminal justice shall not charge a fee for providing such information to another agency of criminal justice if the information is provided for purposes of the administration of criminal justice, or for providing such information to the State Disaster Identification Team of the Division of Emergency Management of the Department.

      3.  The Central Repository shall not charge such a fee:

      (a) For information relating to a person regarding whom the Central Repository provided a similar report within the immediately preceding 6 months in conjunction with the application by that person for professional licensure; or

      (b) For information provided to any organization that meets the criteria established by regulation pursuant to paragraph (b) of subsection 5 of NRS 179A.310.

      4.  The Director may request an allocation from the Contingency Account pursuant to NRS 353.266, 353.268 and 353.269 to cover the costs incurred by the Department to carry out the provisions of paragraph (b) of subsection 3.

      5.  All money received or collected by the Department pursuant to this section must be used to defray the cost of operating the Central Repository.

      (Added to NRS by 1979, 1855; A 1985, 915; 1987, 1767; 1995, 1912; 1997, 1305, 3263; 2001, 2578; 2003, 2839; 2005, 2867; 2007, 542)

      NRS 179A.150  Inspection and correction of information contained in record of criminal history.

      1.  The Central Repository and each state, municipal, county or metropolitan police agency shall permit a person, who is or believes he or she may be the subject of information relating to records of criminal history maintained by that agency, to appear in person during normal business hours of the agency and inspect any recorded information held by that agency pertaining to that person. This right of access does not extend to data contained in intelligence, investigative or other related files, and does not include any information other than information contained in a record of criminal history.

      2.  Each such agency shall adopt regulations and make available necessary forms to permit inspection and review of information relating to other records of criminal history by those persons who are the subjects thereof. The regulations must specify:

      (a) The reasonable periods during which the records are available for inspection;

      (b) The requirements for proper identification of the persons seeking access to the records; and

      (c) The reasonable charges or fees, if any, for inspecting records.

      3.  Each such agency shall procure for and furnish to any person who requests it and pays a reasonable fee therefor, all of the information contained in the Central Repository which pertains to the person making the request.

      4.  The Director of the Department shall adopt regulations governing:

      (a) All challenges to the accuracy or sufficiency of information relating to records of criminal history by the person who is the subject of the allegedly inaccurate or insufficient record;

      (b) The correction of any information relating to records of criminal history found by the Director to be inaccurate, insufficient or incomplete in any material respect;

      (c) The dissemination of corrected information to those persons or agencies which have previously received inaccurate or incomplete information; and

      (d) A time limit of not more than 90 days within which inaccurate or insufficient information relating to records of criminal history must be corrected and the corrected information disseminated. The corrected information must be sent to each person who requested the information in the 12 months preceding the date on which the correction was made, and notice of the correction must be sent to each person entitled thereto pursuant to NRS 179A.210, to the address given by each person who requested the information when the request was made.

      (Added to NRS by 1979, 1854; A 1981, 2010; 1985, 915, 1978; 1987, 1767; 2003, 2839)

      NRS 179A.160  Removal of certain records where disposition of case favorable to accused.

      1.  If a person has been arrested or issued a citation, or has been the subject of a warrant for alleged criminal conduct and the person is acquitted of the charge or the disposition of the charge is favorable to the person, at any time after the charge is dismissed, acquittal is entered or disposition of the charge in favor of the person is final, the person who is the subject of a record of criminal history relating to the arrest, citation or warrant may apply in writing to the Central Repository and the agency which maintains the record to have it removed from the files which are available and generally searched for the purpose of responding to inquiries concerning the criminal history of a person.

      2.  The Central Repository and the agency shall remove the record unless:

      (a) The defendant is a fugitive;

      (b) The case is under active prosecution according to a current certificate of a prosecuting attorney;

      (c) The disposition of the case was a deferred prosecution, plea bargain or other similar disposition;

      (d) The person who is the subject of the record has a prior conviction for a felony or gross misdemeanor in any jurisdiction in the United States; or

      (e) The person who is the subject of the record has been arrested for or charged with another crime, other than a minor traffic violation, since the arrest, citation or warrant which the person seeks to have removed from the record.

      3.  This section does not restrict the authority of a court to order the deletion or modification of a record in a particular cause or concerning a particular person or event.

      (Added to NRS by 1979, 1853; A 1985, 916; 2001, 1694)

TRANSMITTAL OF MENTAL HEALTH INFORMATION TO NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM

      NRS 179A.163  Transmittal of mental health information to National Instant Criminal Background Check System; person who is subject of record may petition; removal of information; action to compel.

      1.  Upon receiving a record transmitted pursuant to NRS 159.0593, 174.035, 175.533, 175.539, 178.425 or 433A.310, the Central Repository shall take reasonable steps to ensure that the information reported in the record is included in each appropriate database of the National Instant Criminal Background Check System.

      2.  Except as otherwise provided in subsection 3, if the Central Repository receives a record described in subsection 1, the person who is the subject of the record may petition the court for an order declaring that:

      (a) The basis for the adjudication reported in the record no longer exists;

      (b) The adjudication reported in the record is deemed not to have occurred for purposes of 18 U.S.C. § 922(d)(4) and (g)(4) and NRS 202.360; and

      (c) The information reported in the record must be removed from the National Instant Criminal Background Check System.

      3.  To the extent authorized by federal law, if the record concerning the petitioner was transmitted to the Central Repository pursuant to NRS 159.0593, 174.035, 175.533, 175.539, 178.425 or 433A.310, the petitioner may not file a petition pursuant to subsection 2 until 3 years after the date of the order transmitting the record to the Central Repository.

      4.  A petition filed pursuant to subsection 2 must be:

      (a) Filed in the court which made the adjudication or finding pursuant to NRS 159.0593, 174.035, 175.533, 175.539, 178.425 or 433A.310; and

      (b) Served upon the district attorney for the county in which the court described in paragraph (a) is located.

      5.  The Nevada Rules of Civil Procedure govern all proceedings concerning a petition filed pursuant to subsection 2.

      6.  The court shall grant the petition and issue the order described in subsection 2 if the court finds that the petitioner has established that:

      (a) The basis for the adjudication or finding made pursuant to NRS 159.0593, 174.035, 175.533, 175.539, 178.425 or 433A.310 concerning the petitioner no longer exists;

      (b) The petitioner’s record and reputation indicate that the petitioner is not likely to act in a manner dangerous to public safety; and

      (c) Granting the relief requested by the petitioner pursuant to subsection 2 is not contrary to the public interest.

      7.  Except as otherwise provided in this subsection, the petitioner must establish the provisions of subsection 6 by a preponderance of the evidence. If the adjudication or finding concerning the petitioner was made pursuant to NRS 159.0593 or 433A.310, the petitioner must establish the provisions of subsection 6 by clear and convincing evidence.

      8.  The court, upon entering an order pursuant to this section, shall cause, on a form prescribed by the Department of Public Safety, a record of the order to be transmitted to the Central Repository.

      9.  Within 5 business days after receiving a record of an order transmitted pursuant to subsection 8, the Central Repository shall take reasonable steps to ensure that information concerning the adjudication or finding made pursuant to NRS 159.0593, 174.035, 175.533, 175.539, 178.425 or 433A.310 is removed from the National Instant Criminal Background Check System.

      10.  If the Central Repository fails to remove a record as provided in subsection 9, the petitioner may bring an action to compel the removal of the record. If the petitioner prevails in the action, the court may award the petitioner reasonable attorney’s fees and costs incurred in bringing the action.

      11.  If a petition brought pursuant to subsection 2 is denied, the person who is the subject of the record may petition for a rehearing not sooner than 2 years after the date of the denial of the petition.

      (Added to NRS by 2009, 2488)

      NRS 179A.165  Confidentiality of records; immunity for performing or failing to perform certain acts.

      1.  Any record described in NRS 179A.163 is confidential and is not a public book or record within the meaning of NRS 239.010. A person may not use the record for any purpose other than for inclusion in the appropriate database of the National Instant Criminal Background Check System.

      2.  If a person or governmental entity is required to transmit, report or take any other action concerning a record pursuant to NRS 159.0593, 174.035, 175.533, 175.539, 178.425, 179A.163 or 433A.310, no action for damages may be brought against the person or governmental entity for:

      (a) Transmitting or reporting the record or taking any other required action concerning the record;

      (b) Failing to transmit or report the record or failing to take any other required action concerning the record;

      (c) Delaying the transmission or reporting of the record or delaying in taking any other required action concerning the record; or

      (d) Transmitting or reporting an inaccurate or incomplete version of the record or taking any other required action concerning an inaccurate or incomplete version of the record.

      (Added to NRS by 2009, 2489)

      NRS 179A.167  Inspection and correction of information relating to records of mental health; regulations.

      1.  The Central Repository shall permit a person who is or believes he or she may be the subject of information relating to records of mental health held by the Central Repository to inspect and correct any information contained in such records.

      2.  The Central Repository shall adopt regulations and make available necessary forms to permit inspection, review and correction of information relating to records of mental health by those persons who are the subjects thereof. The regulations must specify:

      (a) The requirements for proper identification of the persons seeking access to the records; and

      (b) The reasonable charges or fees, if any, for inspecting records.

      3.  The Director of the Department shall adopt regulations governing:

      (a) All challenges to the accuracy or sufficiency of information or records of mental health by the person who is the subject of the allegedly inaccurate or insufficient record;

      (b) The correction of any information relating to records of mental health found by the Director to be inaccurate, insufficient or incomplete in any material respect;

      (c) The dissemination of corrected information to those persons or agencies which have previously received inaccurate or incomplete information; and

      (d) A reasonable time limit within which inaccurate or insufficient information relating to records of mental health must be corrected and the corrected information disseminated.

      4.  As used in this section, “information relating to records of mental health” means information contained in a record:

      (a) Transmitted to the Central Repository pursuant to NRS 159.0593, 174.035, 175.533, 175.539, 178.425 or 433A.310; or

      (b) Transmitted to the National Instant Criminal Background Check System pursuant to NRS 179A.163.

      (Added to NRS by 2009, 2489)

PROGRAM FOR REPORTING CRIMES RELATED TO PREJUDICE

      NRS 179A.175  Establishing Program; adoption of guidelines for collection of statistical data; report; data to be used only for research or statistical purposes.

      1.  The Director of the Department shall establish within the Central Repository a Program for Reporting Crimes that manifest evidence of prejudice based on race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression.

      2.  The Program must be designed to collect, compile and analyze statistical data about crimes that manifest evidence of prejudice based on race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression. The Director shall adopt guidelines for the collection of the statistical data, including, but not limited to, the criteria to establish the presence of prejudice.

      3.  The Central Repository shall include in its annual report to the Governor pursuant to subsection 6 of NRS 179A.075, and in any other appropriate report, an independent section relating solely to the analysis of crimes that manifest evidence of prejudice based on race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression.

      4.  Data acquired pursuant to this section must be used only for research or statistical purposes and must not contain any information that may reveal the identity of an individual victim of a crime.

      5.  As used in this section, “gender identity or expression” has the meaning ascribed to it in NRS 193.0148.

      (Added to NRS by 1995, 2706; A 2013, 65)

DISSEMINATION OF INFORMATION RELATING TO CERTAIN OFFENSES

      NRS 179A.180  Definitions.  As used in NRS 179A.180 to 179A.240, inclusive, unless the context otherwise requires:

      1.  “Employee” means a person who renders time and services to an employer, and whose regular course of duties places that person in a position to:

      (a) Exercise supervisory or disciplinary control over children;

      (b) Have direct access to or contact with children served by the employer; or

      (c) Have access to information or records maintained by the employer relating to identifiable children served by the employer,

Ê and includes a prospective employee, but does not include a volunteer or prospective volunteer.

      2.  “Employer” means a person, or a governmental agency or political subdivision of this State that is not an agency of criminal justice, whose employees regularly render services to children, including without limitation care, treatment, transportation, instruction, companionship, entertainment and custody.

      (Added to NRS by 1987, 1760; A 1989, 993)

      NRS 179A.190  Notice of information may be disseminated to employers; use by employer; employer not liable for discrimination; other dissemination or release; offenses for which notice may be disseminated.

      1.  Notice of information relating to the offenses listed in subsection 4 may be disseminated to employers pursuant to NRS 179A.180 to 179A.240, inclusive.

      2.  An employer may consider such a notice of information concerning an employee when making a decision to hire, retain, suspend or discharge the employee, and is not liable in an action alleging discrimination based upon consideration of information obtained pursuant to NRS 179A.180 to 179A.240, inclusive.

      3.  The provisions of NRS 179A.180 to 179A.240, inclusive, do not limit or restrict any other statute specifically permitting the dissemination or release of information relating to the offenses listed in subsection 4.

      4.  The offenses for which a notice of information may be disseminated pursuant to subsection 1 includes information contained in or concerning a record of criminal history, or the records of criminal history of the United States or another state, relating in any way to:

      (a) A sexual offense;

      (b) A conviction for a felony within the immediately preceding 7 years;

      (c) An act committed outside this State that would constitute a sexual offense if committed in this State or a conviction for an act committed outside this State that would constitute a felony if committed in this State; and

      (d) The aiding, abetting, attempting or conspiring to engage in any such act in this State or another state.

      (Added to NRS by 1987, 1761; A 2003, 2840)

      NRS 179A.200  Employer may request notice of information; requirements for making request.

      1.  In addition to any other information which an employer is authorized to request pursuant to this chapter, an employer may request from the Central Repository notice of information relating to the offenses listed in subsection 4 of NRS 179A.190 concerning an employee.

      2.  A request for notice of information relating to the offenses listed in subsection 4 of NRS 179A.190 from an employer must conform to the requirements of the Central Repository. The request must include:

      (a) The name and address of the employer, and the name and signature of the person requesting the notice on behalf of the employer;

      (b) The name and address of the employer’s facility in which the employee is employed or seeking to become employed;

      (c) The name, a complete set of fingerprints and other identifying information of the employee;

      (d) Signed consent by the employee authorizing:

             (1) The employer to forward the fingerprints of the employee to the Central Repository for submission to the Federal Bureau of Investigation for its report;

             (2) A search of information relating to the offenses listed in subsection 4 of NRS 179A.190 concerning the employee; and

             (3) The release of a notice concerning that information;

      (e) The mailing address of the employee or a signed waiver of the right of the employee to be sent a copy of the information disseminated to the employer as a result of the search of the records of criminal history; and

      (f) The signature of the employee indicating that the employee has been notified of:

             (1) The types of information for which notice is subject to dissemination pursuant to NRS 179A.210, or a description of the information;

             (2) The employer’s right to require a check of the records of criminal history as a condition of employment; and

             (3) The employee’s right, pursuant to NRS 179A.150, to challenge the accuracy or sufficiency of any information disseminated to the employer.

      (Added to NRS by 1987, 1761; A 2003, 2841)

      NRS 179A.210  Request by employer for notice of information; search by Central Repository; dissemination of notice; written report required; correction of information; receipt of new information.

      1.  Upon receipt of a request from an employer for notice of information relating to the offenses listed in subsection 4 of NRS 179A.190, the Central Repository shall undertake a search for the information, unless the request does not conform to the requirements of the Repository. The search must be based on the fingerprints of the employee, or on a number furnished to the employee for identification pursuant to a previous search, as provided by the employer, and must include:

      (a) Identifying any information relating to the offenses listed in subsection 4 of NRS 179A.190 concerning the employee in the Central Repository;

      (b) Requesting information relating to the offenses listed in subsection 4 of NRS 179A.190 concerning the employee from repositories of the United States or other states, if authorized by federal law or an agreement entered into pursuant to NRS 179A.075;

      (c) If the information pertains to an arrest for which no disposition has been reported, contacting appropriate officers in the local jurisdiction where the arrest or prosecution occurred to verify and update the information; and

      (d) Determining whether the information relating to the offenses listed in subsection 4 of NRS 179A.190 is the type of information for which notice is subject to dissemination pursuant to this section.

      2.  Notice of information relating to the offenses listed in subsection 4 of NRS 179A.190 may be disseminated to an employer who has requested it only if a check of the pertinent records indicates:

      (a) A conviction for any such offense, or a conviction based on an arrest or on an initial charge for any such offense;

      (b) An arrest or an initial charge for a sexual offense that is pending at the time of the request; or

      (c) Two or more incidents resulting in arrest or initial charge for a sexual offense that have not resulted in a conviction.

      3.  If a search of the records of the Central Repository reveals no information for which notice is subject to release, the Central Repository shall submit the fingerprints of the employee to the Federal Bureau of Investigation for a search of its records of criminal history. The Central Repository shall review all information received from the Federal Bureau of Investigation. Notice of any information received from the Federal Bureau of Investigation may be disseminated only if the information is of a kind for which notice is subject to release pursuant to this section.

      4.  Within 30 days after receipt of a request by an employer for notice of information relating to the offenses listed in subsection 4 of NRS 179A.190, the Central Repository shall send a written report of the results of the search to the employer and to the employee, except that if the employee has waived the right to receive the results of the search, the report must be sent only to the employer. If the search revealed:

      (a) No information for which notice is subject to release, the report must include a statement to that effect; or

      (b) Information about the employee for which notice is subject to release, the report must include a notice of the type of information, limited to the descriptions set forth in subsection 2, revealed by the search. The notice must not include any further facts or details concerning the information. A statement of the purpose for which the notice is being disseminated, and the procedures by which the employee might challenge the accuracy and sufficiency of the information, must also be included with the report.

      5.  Upon receipt of corrected information relating to the offenses listed in subsection 4 of NRS 179A.190 for which notice was disseminated under this section, the Central Repository shall send written notice of the correction to:

      (a) The employee who was the subject of the search, unless the employee has waived the right to receive such a notice;

      (b) All employers to whom notice of the results of the search were disseminated within 3 months before the correction; and

      (c) Upon request of the employee, any other employers who previously received the information.

      6.  Upon receipt of new information relating to the offenses listed in subsection 4 of NRS 179A.190 concerning an employee who was the subject of a search within the previous 3 months, for which notice is subject to dissemination under this section, the Central Repository shall send written notice of the information to:

      (a) The employee who was the subject of the search, unless the employee has waived the right to receive such a notice;

      (b) All employers to whom a report of the results of the search were disseminated within 3 months before the correction; and

      (c) Upon request of the employee, any other employers who previously received a report of the results of the search.

      (Added to NRS by 1987, 1761; A 1989, 561; 2003, 2841; 2009, 1839)

      NRS 179A.220  Hearings.  All hearings arising under NRS 179A.180 to 179A.240, inclusive, must be held as provided in NRS 233B.121 to 233B.150, inclusive.

      (Added to NRS by 1987, 1763)

      NRS 179A.230  When person who is subject of notice of information may bring action for damages; when child who is victim of offense committed by employee may bring action for damages against employer; statute of limitations.

      1.  A person who is the subject of a request for notice of information pursuant to NRS 179A.180 to 179A.240, inclusive, may recover actual damages in a civil action against:

      (a) The Central Repository for an intentional or grossly negligent:

             (1) Dissemination of information relating to the offenses listed in subsection 4 of NRS 179A.190 not authorized for dissemination; or

             (2) Release of information relating to the offenses listed in subsection 4 of NRS 179A.190 to a person not authorized to receive the information;

      (b) The Central Repository for an intentional or grossly negligent failure to correct any notice of information relating to the offenses listed in subsection 4 of NRS 179A.190 which was disseminated pursuant to NRS 179A.180 to 179A.240, inclusive; or

      (c) An employer, representative of an employer or employee for an intentional or grossly negligent violation of NRS 179A.110. Punitive damages may be awarded against an employer, representative of an employer or employee whose violation of NRS 179A.110 is malicious.

      2.  An employer is liable to a child served by the employer for damages suffered by the child as a result of an offense listed in subsection 4 of NRS 179A.190 committed against the child by an employee if, at the time the employer hired the employee, the employee was the subject of information relating to the offenses for which notice was available for dissemination to the employer and the employer:

      (a) Failed, without good cause, to request notice of the information pursuant to NRS 179A.180 to 179A.240, inclusive; or

      (b) Was unable to obtain the information because the employee refused to consent to the search and release of the information, and the employer hired or retained the employee despite this refusal.

Ê The amount of damages for which an employer is liable pursuant to this subsection must be reduced by the amount of damages recovered by the child in an action against the employee for damages sustained as a result of an offense listed in subsection 4 of NRS 179A.190.

      3.  An action pursuant to this section must be brought within 3 years after:

      (a) The occurrence upon which the action is based; or

      (b) The date upon which the party bringing the action became aware or reasonably should have become aware of the occurrence, whichever was earlier, if the party was not aware of the occurrence at the time of the occurrence.

      4.  This section does not limit or affect any other rights, claims or causes of action arising by statute or common law.

      (Added to NRS by 1987, 1763; A 1989, 993; 2003, 2843)

      NRS 179A.240  Unlawful acts.  A person who knowingly and willfully:

      1.  Uses NRS 179A.180 to 179A.240, inclusive, to obtain or seek to obtain information relating to the offenses listed in subsection 4 of NRS 179A.190 under false pretenses;

      2.  Disseminates or attempts to disseminate information relating to the offenses listed in subsection 4 of NRS 179A.190 that the person knows was not received in accordance with the provisions of this chapter; or

      3.  Disseminates or attempts to disseminate information relating to the offenses listed in subsection 4 of NRS 179A.190 that the person knows is false, inaccurate or incomplete,

Ê is guilty of a misdemeanor.

      (Added to NRS by 1987, 1764; A 2003, 2844)

ACCOUNT TO INVESTIGATE BACKGROUND OF VOLUNTEERS WHO WORK WITH CHILDREN

      NRS 179A.310  Creation; administration; purpose; regulations; failure to apply for grant or request background investigation is not evidence of negligence or causation.

      1.  The Revolving Account to Investigate the Background of Volunteers Who Work With Children is hereby created in the State General Fund.

      2.  The Director of the Department shall administer the Account to Investigate the Background of Volunteers Who Work With Children. The money in the Account must be expended only to pay the costs of the Central Repository to process requests from nonprofit agencies to determine whether a volunteer of a nonprofit agency who works directly with children or a prospective volunteer of the nonprofit agency who will work directly with children has committed an offense listed in subsection 4 of NRS 179A.190. The existence of the Account to Investigate the Background of Volunteers Who Work With Children does not create a right in any person to receive money from the Account.

      3.  The Director of the Department may apply for and accept any gift, donation, bequest, grant or other source of money. Any money so received must be deposited in the Account to Investigate the Background of Volunteers Who Work With Children.

      4.  The interest and income earned on money in the Account from any gift, donation or bequest, after deducting any applicable charges, must be credited to the Account. Money from any gift, donation or bequest that remains in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      5.  The Director of the Department shall adopt regulations to carry out the provisions of this section. The regulations must include, without limitation:

      (a) The procedure by which a person may apply for a grant of money from the Account to Investigate the Background of Volunteers Who Work With Children;

      (b) The criteria that the Department will consider in determining whether to award such a grant of money from the Account; and

      (c) Procedures to distribute the money in the Account in a fair and equitable manner.

      6.  The following facts must not be considered as evidence of negligence or causation in any civil action brought against a nonprofit agency:

      (a) The fact that the nonprofit agency did not apply for a grant of money from the Account.

      (b) The fact that the nonprofit agency did not request that the Central Repository, through the use of the Account, determine whether a volunteer or prospective volunteer of the nonprofit agency has committed an offense listed in subsection 4 of NRS 179A.190.

      (Added to NRS by 1999, 2054; A 2003, 2844)

      NRS 179A.315  Donations to Account: Forms and procedures; deposit with State Treasurer.  A state or local governmental agency:

      1.  May establish forms and procedures for a person to donate money to the Account to Investigate the Background of Volunteers Who Work With Children while the person is transacting business with the State or local governmental agency; and

      2.  Shall deposit any money received for the Account to Investigate the Background of Volunteers Who Work With Children with the State Treasurer for credit to the Account.

      (Added to NRS by 1999, 2055)

REPOSITORY FOR INFORMATION CONCERNING ORDERS FOR PROTECTION AGAINST DOMESTIC VIOLENCE

      NRS 179A.350  Creation; contents; prompt entry of information; accessibility; submission of report to Legislature.

      1.  The Repository for Information Concerning Orders for Protection Against Domestic Violence is hereby created within the Central Repository.

      2.  Except as otherwise provided in subsection 4, the Repository for Information Concerning Orders for Protection Against Domestic Violence must contain a complete and systematic record of all temporary and extended orders for protection against domestic violence issued or registered in the State of Nevada, in accordance with regulations adopted by the Director of the Department, including, without limitation, any information received pursuant to NRS 33.095. Information received by the Central Repository pursuant to NRS 33.095 must be entered in the Repository for Information Concerning Orders for Protection Against Domestic Violence not later than 8 hours after it is received by the Central Repository.

      3.  The information in the Repository for Information Concerning Orders for Protection Against Domestic Violence must be accessible by computer at all times to each agency of criminal justice.

      4.  On or before February 15 of each year, the Director of the Department shall submit to the Director of the Legislative Counsel Bureau a written report concerning all temporary and extended orders for protection against domestic violence issued pursuant to NRS 33.020 during the previous calendar year that were transmitted to the Repository for Information Concerning Orders for Protection Against Domestic Violence. The report must include, without limitation, information for each court that issues temporary or extended orders for protection against domestic violence concerning:

      (a) The total number of temporary and extended orders that were granted by the court pursuant to NRS 33.020 during the calendar year to which the report pertains;

      (b) The number of temporary and extended orders that were granted to women;

      (c) The number of temporary and extended orders that were granted to men;

      (d) The number of temporary and extended orders that were vacated or expired;

      (e) The number of temporary orders that included a grant of temporary custody of a minor child; and

      (f) The number of temporary and extended orders that were served on the adverse party.

      5.  The information provided pursuant to subsection 4 must include only aggregate information for statistical purposes and must exclude any identifying information relating to a particular person.

      6.  The Repository for Information Concerning Orders for Protection Against Domestic Violence must not contain any information concerning an event that occurred before October 1, 1998.

      (Added to NRS by 1997, 1803; A 2007, 2483)

REPOSITORY FOR INFORMATION CONCERNING CRIMES AGAINST OLDER PERSONS

      NRS 179A.450  Creation; contents; submission of report to Legislature; confidentiality of data.

      1.  The Repository for Information Concerning Crimes Against Older Persons is hereby created within the Central Repository.

      2.  The Repository for Information Concerning Crimes Against Older Persons must contain a complete and systematic record of all reports of the abuse, neglect, exploitation or isolation of older persons in this State. The record must be prepared in a manner approved by the Director of the Department and must include, without limitation, the following information:

      (a) All incidents that are reported to any entity.

      (b) All cases that are currently under investigation and the type of such cases.

      (c) All cases that are referred for prosecution and the type of such cases.

      (d) All cases in which prosecution is declined or dismissed and any reason for such action.

      (e) All cases that are prosecuted and the final disposition of such cases.

      (f) All cases that are resolved by agencies which provide protective services and the type of such cases.

      3.  The Director of the Department shall compile and analyze the data collected pursuant to this section to assess the incidence of the abuse, neglect, exploitation or isolation of older persons.

      4.  On or before July 1 of each year, the Director of the Department shall prepare and submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature that sets forth statistical data on the abuse, neglect, exploitation or isolation of older persons.

      5.  The data acquired pursuant to this section is confidential and must be used only for the purpose of research. The data and findings generated pursuant to this section must not contain information that may reveal the identity of an individual victim or a person accused of the abuse, neglect, exploitation or isolation of older persons.

      6.  As used in this section:

      (a) “Abuse” has the meaning ascribed to it in NRS 200.5092.

      (b) “Exploitation” has the meaning ascribed to it in NRS 200.5092.

      (c) “Isolation” has the meaning ascribed to it in NRS 200.5092.

      (d) “Neglect” has the meaning ascribed to it in NRS 200.5092.

      (e) “Older person” means a person who is 60 years of age or older.

      (Added to NRS by 2007, 746; A 2009, 2447; 2011, 82)

NATIONAL CRIME PREVENTION AND PRIVACY COMPACT

      NRS 179A.800  Enactment; text.  The National Crime Prevention and Privacy Compact is hereby ratified, enacted into law and entered into with all jurisdictions legally joining in the Compact, in substantially the form set forth in this section:

 

Article I. Definitions

 

      As used in this Compact, the following definitions apply:

      (1) “Attorney General” means the Attorney General of the United States.

      (2) “Compact officer” means:

      (a) With respect to the Federal Government, an official so designated by the Director of the FBI; and

      (b) With respect to a party state, the chief administrator of the state’s criminal history record repository or a designee of the chief administrator who is a regular full-time employee of the repository.

      (3) “Council” means the Compact Council established under Article VI.

      (4) “Criminal history record repository” means the state agency designated by the governor or other appropriate executive official or the legislature of a state to perform centralized recordkeeping functions for criminal history records and services in the state.

      (5) (a) “Criminal history records” means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal charges and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release.

      (b) The term does not include identification information such as fingerprint records if the information does not indicate involvement of the individual with the criminal justice system.

      (6) “Criminal justice” includes activities relating to the detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice includes criminal identification activities and the collection, storage, and dissemination of criminal history records.

      (7) (a) “Criminal justice agency” means:

             (i) Courts; and

             (ii) A governmental agency or any subunit of an agency that performs the administration of criminal justice pursuant to a statute or executive order and allocates a substantial part of its annual budget to the administration of criminal justice.

      (b) The term includes federal and state inspector general offices.

      (8) “Criminal justice services” means services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes.

      (9) “Direct access” means access to the national identification index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency.

      (10) “Executive order” means an order of the President of the United States or the chief executive officer of a state that has the force of law and that is promulgated in accordance with applicable law.

      (11) “FBI” means the Federal Bureau of Investigation.

      (12) (a) “III System” means the Interstate Identification Index System, which is the cooperative federal-state system for the exchange of criminal history records.

      (b) The term includes the national identification index, the national fingerprint file, and to the extent of their participation in the system, the criminal history record repositories of the states and the FBI.

      (13) “National fingerprint file” means a database of fingerprints or of other uniquely personal identifying information that relates to an arrested or charged individual and that is maintained by the FBI to provide positive identification of record subjects indexed in the III System.

      (14) “National identification index” means an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III System.

      (15) “National indexes” means the national identification index and the national fingerprint file.

      (16) “Noncriminal justice purposes” means uses of criminal history records for purposes authorized by federal or state law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances.

      (17) “Nonparty state” means a state that has not ratified this Compact.

      (18) “Party state” means a state that has ratified this Compact.

      (19) “Positive identification” means a determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III System. Identifications based solely upon a comparison of subjects’ names or other nonunique identification characteristics or numbers, or combinations thereof, does not constitute positive identification.

      (20) “Sealed record information” means:

      (a) With respect to adults, that portion of a record that is:

             (i) Not available for criminal justice uses;

             (ii) Not supported by fingerprints or other accepted means of positive identification; or

             (iii) Subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a federal or state statute that requires action on a sealing petition filed by a particular record subject; and

      (b) With respect to juveniles, whatever each state determines is a sealed record under its own law and procedure.

      (21) “State” means any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

 

Article II. Purposes

 

      The purposes of this Compact are to:

      (1) Provide a legal framework for the establishment of a cooperative federal-state system for the interstate and federal-state exchange of criminal history records for noncriminal justice uses;

      (2) Require the FBI to permit use of the national identification index and the national fingerprint file by each party state and to provide, in a timely fashion, federal and state criminal history records to requesting states, in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under Article VI;

      (3) Require party states to provide information and records for the national identification index and the national fingerprint file and to provide criminal history records, in a timely fashion, to criminal history record repositories of other states and the Federal Government for noncriminal justice purposes, in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under Article VI;

      (4) Provide for the establishment of a Council to monitor III System operations and to prescribe system rules and procedures for the effective and proper operation of the III System for noncriminal justice purposes; and

      (5) Require the FBI and each party state to adhere to III System standards concerning record dissemination and use, response times, system security, data quality, and other duly established standards, including those that enhance the accuracy and privacy of such records.

 

Article III. Responsibilities of Compact Parties

 

      (1) The Director of the FBI shall:

      (a) Appoint an FBI Compact officer who shall:

             (i) Administer this Compact within the Department of Justice and among federal agencies and other agencies and organizations that submit search requests to the FBI pursuant to Article V(3);

             (ii) Ensure that Compact provisions and rules, procedures, and standards prescribed by the Council under Article VI are complied with by the Department of Justice and the federal agencies and other agencies and organizations referred to in subsection (1)(a)(i) of this Article III; and

             (iii) Regulate the use of records received by means of the III System from party states when such records are supplied by the FBI directly to other federal agencies;

      (b) Provide to federal agencies and to state criminal history record repositories criminal history records maintained in its database for the noncriminal justice purposes described in Article IV, including:

             (i) Information from nonparty states; and

             (ii) Information from party states that is available from the FBI through the III System, but is not available from the party state through the III System;

      (c) Provide a telecommunications network and maintain centralized facilities for the exchange of criminal history records for both criminal justice purposes and the noncriminal justice purposes described in Article IV and ensure that the exchange of the records for criminal justice purposes has priority over exchange for noncriminal justice purposes; and

      (d) Modify or enter into user agreements with nonparty state criminal history record repositories to require them to establish record request procedures conforming to those prescribed in Article V.

      (2) Each party state shall:

      (a) Appoint a Compact officer who shall:

             (i) Administer this Compact within that state;

             (ii) Ensure that Compact provisions and rules, procedures, and standards established by the Council under Article VI are complied with in the state; and

             (iii) Regulate the in-state use of records received by means of the III System from the FBI or from other party states;

      (b) Establish and maintain a criminal history record repository, which shall provide:

             (i) Information and records for the national identification index and the national fingerprint file; and

             (ii) The state’s III System-indexed criminal history records for noncriminal justice purposes described in Article IV;

      (c) Participate in the national fingerprint file; and

      (d) Provide and maintain telecommunications links and related equipment necessary to support the criminal justice services set forth in this Compact.

      (3) In carrying out their responsibilities under this Compact, the FBI and each party state shall comply with III System rules, procedures, and standards duly established by the Council concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of III System operation.

      (4) (a) Use of the III System for noncriminal justice purposes authorized in this Compact must be managed so as not to diminish the level of services provided in support of criminal justice purposes.

      (b) Administration of Compact provisions may not reduce the level of service available to authorized noncriminal justice users on the effective date of this Compact.

 

Article IV. Authorized Record Disclosures

 

      (1) To the extent authorized by section 552a of Title 5, United States Code (commonly known as the Privacy Act of 1974), the FBI shall provide on request criminal history records, excluding sealed record information, to state criminal history record repositories for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute which has been approved by the Attorney General and which authorizes national indexes checks.

      (2) The FBI, to the extent authorized by section 552a of Title 5, United States Code (commonly known as the Privacy Act of 1974), and state criminal history record repositories shall provide criminal history records, excluding sealed record information, to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the Attorney General, that explicitly authorizes national indexes checks.

      (3) Any record obtained under this Compact may be used only for the official purposes for which the record was requested. Each Compact officer shall establish procedures, consistent with this Compact and with rules, procedures, and standards established by the Council under Article VI, which procedures shall protect the accuracy and privacy of the records and shall:

      (a) Ensure that records obtained under this Compact are used only by authorized officials for authorized purposes;

      (b) Require that subsequent record checks are requested to obtain current information whenever a new need arises; and

      (c) Ensure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate “no record” response is communicated to the requesting official.

 

Article V. Record Request Procedures

 

      (1) Subject fingerprints or other approved forms of positive identification must be submitted with all requests for criminal history record checks for noncriminal justice purposes.

      (2) Each request for a criminal history record check utilizing the national indexes made under any approved state statute must be submitted through that state’s criminal history record repository. A state criminal history record repository shall process an interstate request for noncriminal justice purposes through the national indexes only if the request is transmitted through another state criminal history record repository or the FBI.

      (3) Each request for criminal history record checks utilizing the national indexes made under federal authority must be submitted through the FBI or, if the state criminal history record repository consents to process fingerprint submissions, through the criminal history record repository in the state in which the request originated. Direct access to the national identification index by entities other than the FBI and state criminal history records repositories may not be permitted for noncriminal justice purposes.

      (4) A state criminal history record repository or the FBI:

      (a) May charge a fee, in accordance with applicable law, for handling a request involving fingerprint processing for noncriminal justice purposes; and

      (b) May not charge a fee for providing criminal history records in response to an electronic request for a record that does not involve a request to process fingerprints.

      (5) (a) If a state criminal history record repository cannot positively identify the subject of a record request made for noncriminal justice purposes, the request, together with fingerprints or other approved identifying information, must be forwarded to the FBI for a search of the national indexes.

      (b) If, with respect to a request forwarded by a state criminal history record repository under subsection (5)(a), the FBI positively identifies the subject as having a III System-indexed record or records:

             (i) The FBI shall so advise the state criminal history record repository; and

             (ii) The state criminal history record repository is entitled to obtain the additional criminal history record information from the FBI or other state criminal history record repositories.

 

Article VI. Establishment of Compact Council

 

      (1) (a) There is established a Council to be known as the Compact Council, which has the authority to promulgate rules and procedures governing the use of the III System for noncriminal justice purposes, not to conflict with FBI administration of the III System for criminal justice purposes.

      (b) The Council shall:

             (i) Continue in existence as long as this Compact remains in effect;

             (ii) Be located, for administrative purposes, within the FBI; and

             (iii) Be organized and hold its first meeting as soon as practicable after the effective date of this Compact.

      (2) The Council must be composed of 15 members, each of whom must be appointed by the Attorney General, as follows:

      (a) Nine members, each of whom shall serve a 2-year term, who must be selected from among the Compact officers of party states based on the recommendation of the Compact officers of all party states, except that in the absence of the requisite number of Compact officers available to serve, the chief administrators of the criminal history record repositories of nonparty states must be eligible to serve on an interim basis;

      (b) Two at-large members, nominated by the Director of the FBI, each of whom shall serve a 3-year term, of whom:

             (i) One must be a representative of the criminal justice agencies of the Federal Government and may not be an employee of the FBI; and

             (ii) One must be a representative of the noncriminal justice agencies of the Federal Government;

      (c) Two at-large members, nominated by the Chair of the Council once the Chair is elected pursuant to subsection (3) of this Article VI, each of whom shall serve a 3-year term, of whom:

             (i) One must be a representative of state or local criminal justice agencies; and

             (ii) One must be a representative of state or local noncriminal justice agencies;

      (d) One member who shall serve a 3-year term and who shall simultaneously be a member of the FBI’s Advisory Policy Board on Criminal Justice Information Services, nominated by the membership of that Policy Board; and

      (e) One member, nominated by the Director of the FBI, who shall serve a 3-year term and who must be an employee of the FBI.

      (3) (a) From its membership, the Council shall elect a Chair and a Vice Chair of the Council. Both the Chair and Vice Chair of the Council:

             (i) Must be a Compact officer, unless there is no Compact officer on the Council who is willing to serve, in which case the Chair may be an at-large member; and

             (ii) Shall serve 2-year terms and may be reelected to only one additional 2-year term.

      (b) The Vice Chair of the Council shall serve as the Chair of the Council in the absence of the Chair.

      (4) (a) The Council shall meet at least once each year at the call of the Chair. Each meeting of the Council must be open to the public. The Council shall provide prior public notice in the Federal Register of each meeting of the Council, including the matters to be addressed at the meeting.

      (b) A majority of the Council or any committee of the Council shall constitute a quorum of the Council or of a committee, respectively, for the conduct of business. A lesser number may meet to hold hearings, take testimony, or conduct any business not requiring a vote.

      (5) The Council shall make available for public inspection and copying at the Council office within the FBI and shall publish in the Federal Register any rules, procedures, or standards established by the Council.

      (6) The Council may request from the FBI reports, studies, statistics, or other information or materials that the Council determines to be necessary to enable the Council to perform its duties under this Compact. The FBI, to the extent authorized by law, may provide assistance or information upon a request.

      (7) The Chair may establish committees as necessary to carry out this Compact and may prescribe their membership, responsibilities, and duration.

 

Article VII. Ratification of Compact

 

      This Compact takes effect upon being entered into by two or more states as between those states and the Federal Government. When additional states subsequently enter into this Compact, it becomes effective among those states and the Federal Government and each party state that has previously ratified it. When ratified, this Compact has the full force and effect of law within the ratifying jurisdictions. The form of ratification must be in accordance with the laws of the executing state.

 

Article VIII. Miscellaneous Provisions

 

      (1) Administration of this Compact may not interfere with the management and control of the Director of the FBI over the FBI’s collection and dissemination of criminal history records and the advisory function of the FBI’s Advisory Policy Board chartered under the Federal Advisory Committee Act (5 U.S.C. App.) for all purposes other than noncriminal justice.

      (2) Nothing in this Compact requires the FBI to obligate or expend funds beyond those appropriated to the FBI.

      (3) Nothing in this Compact diminishes or lessens the obligations, responsibilities, and authorities of any state, whether a party state or a nonparty state, or of any criminal history record repository or other subdivision or component thereof, under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92-544), or regulations and guidelines promulgated thereunder, including the rules and procedures promulgated by the Council under Article VI(1), regarding the use and dissemination of criminal history records and information.

 

Article IX. Renunciation

 

      (1) This Compact shall bind each party state until renounced by the party state.

      (2) Any renunciation of this Compact by a party state must:

      (a) Be effected in the same manner by which the party state ratified this Compact; and

      (b) Become effective 180 days after written notice of renunciation is provided by the party state to each other party state and to the Federal Government.

 

Article X. Severability

 

      The provisions of this Compact are severable. If any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any participating state or to the Constitution of the United States or if the applicability of any phrase, clause, sentence, or provision of this Compact to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability of the remainder of the Compact to any government, agency, person, or circumstance is not affected by the severability. If a portion of this Compact is held contrary to the constitution of any party state, all other portions of this Compact remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected, as to all other provisions.

 

Article XI. Adjudication of Disputes

 

      (1) The Council:

      (a) Has initial authority to make determinations with respect to any dispute regarding:

             (i) Interpretation of this Compact;

             (ii) Any rule or standard established by the Council pursuant to Article VI; and

             (iii) Any dispute or controversy between any parties to this Compact; and

      (b) Shall hold a hearing concerning any dispute described in subsection (1)(a) at a regularly scheduled meeting of the Council and only render a decision based upon a majority vote of the members of the Council. The decision must be published pursuant to the requirements of Article VI(5).

      (2) The FBI shall exercise immediate and necessary action to preserve the integrity of the III System, to maintain system policy and standards, to protect the accuracy and privacy of records, and to prevent abuses until the Council holds a hearing on the matters.

      (3) The FBI or a party state may appeal any decision of the Council to the Attorney General and after that appeal may file suit in the appropriate District Court of the United States that has original jurisdiction of all cases or controversies arising under this Compact. Any suit arising under this Compact and initiated in a state court must be removed to the appropriate District Court of the United States in the manner provided by section 1446 of Title 28, United States Code, or other statutory authority.

      (Added to NRS by 1999, 771)

PENALTIES

      NRS 179A.900  Unlawful acts.  Any person who:

      1.  Willfully requests, obtains or seeks to obtain records of criminal history under false pretenses;

      2.  Willfully communicates or seeks to communicate records of criminal history to any agency or person except pursuant to this chapter; or

      3.  Willfully falsifies any record of criminal history or any record relating to records of criminal history,

Ê is guilty of a misdemeanor.

      (Added to NRS by 1979, 1855)