AB160A - Revises provisions governing the sealing of certain criminal records. (BDR 14-634)

EXEMPT (Reprinted with amendments adopted on June 4, 2023) THIRD REPRINT A.B. 160 - *AB160_R3* ASSEMBLY BILL NO. 160–ASSEMBLYMEN C.H. MILLER, YEAGER, MONROE-MORENO, JAUREGUI AND BRITTNEY MILLER FEBRUARY 14, 2023 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing the sealing of certain criminal records. (BDR 14-634) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to criminal records; providing for the automatic sealing of criminal records relating to certain convictions of a person and certain charges against a person; authorizing the Records, Communications and Compliance Division of the Department of Public Safety and the Administrative Office of the Courts to adopt any rules or regulations, as applicable, necessary for the automatic sealing of criminal records; requiring the Administrative Office of the Courts to submit annual reports to the Legislature and adopt certain other rules; creating the Advisory Task Force on Automatic Record Sealing and establishing the duties of the Task Force; requiring the Task Force to submit certain reports to the Administrative Office of the Courts and the Legislature; expanding the circumstances in which there is a rebuttable presumption that criminal records should be sealed; revising provisions relating to a petition to seal criminal records relating to certain charges brought against a person; applying provisions relating to records that have been sealed pursuant to certain provisions of law to records that are sealed after a court finds that a person was wrongfully convicted of a felony and enters a certificate of innocence; authorizing the Central Repository for Nevada Records of Criminal History and its employees to inquire into and inspect certain sealed records relating to a violation or alleged violation of the prohibition against certain persons owning or possessing a firearm; making appropriations; and providing other matters properly relating thereto. – 2 – - *AB160_R3* Legislative Counsel’s Digest: Existing law establishes certain procedures pursuant to which a person is 1 authorized to petition a court for the sealing of criminal records relating to: (1) 2 convictions for certain offenses; (2) charges against a person that were dismissed or 3 declined for prosecution or for which the person was acquitted; (3) a conviction 4 which has been set aside; and (4) a conviction for an offense that has been 5 decriminalized. Existing law: (1) establishes certain requirements concerning 6 the amount of time that must elapse after a person was convicted or charged before 7 the records relating to the conviction or charge are eligible to be sealed through the 8 filing of such a petition; and (2) sets forth the circumstances under which a court is 9 authorized or required to grant the petition. (NRS 179.245, 179.255, 179.271) 10 Section 1.3 of this bill requires the Records, Communications and Compliance 11 Division of the Department of Public Safety, not later than January 1, 2027, to 12 develop and implement a process to identify each: (1) conviction of a person and 13 each charge against a person that becomes an eligible conviction and eligible 14 charge; and (2) agency of criminal justice or public or private company, agency, 15 officer or other custodian of records that may reasonably be identified as having 16 possession of records relating to an eligible conviction or eligible charge. Section 17 1.3 defines “eligible conviction” and “eligible charge” to mean, in general, certain 18 convictions of or charges against a person after January 1, 2027, if the records 19 relating to the conviction or charge are eligible to be sealed pursuant to the 20 provisions of existing law governing the sealing of records. After the development 21 and implementation of the process of identifying eligible convictions and eligible 22 charges, section 1.3 requires the Division to, each month: (1) identify and compile 23 a list of each conviction or charge that has become an eligible conviction or eligible 24 charge in the immediately preceding month and each person or governmental entity 25 identified as having possession of records relating to those eligible convictions and 26 eligible charges; and (2) transmit the list to the Administrative Office of the Courts 27 to recommend the sealing of the records relating to a listed eligible conviction or 28 eligible charge. 29 Section 1.3 requires the Administrative Office of the Courts, not later than 30 January 1, 2027, to develop and implement a process to review such a list received 31 from the Division and to transmit to every court having jurisdiction each conviction 32 of a person or charge against a person that has become an eligible conviction or 33 eligible charge. Section 1.3 also requires the Administrative Office of the Courts, 34 upon receiving such a list from the Division, to confirm each eligible conviction 35 and eligible charge and notify every court having jurisdiction over the sealing of 36 each eligible conviction or eligible charge. Section 1.3 requires a court that 37 receives such a notification from the Administrative Office of the Courts to then 38 provide notice to the appropriate prosecuting attorney or agency and authorizes the 39 prosecuting attorney or agency to object to the sealing of the records relating to 40 each listed eligible conviction or eligible charge. Section 1.3 further establishes the 41 circumstances in which the court may order the records to be sealed. Section 5 of 42 this bill requires the order to be sent to the persons and governmental entities 43 named in the order, who are then required to seal records relating to the eligible 44 conviction or eligible charge. Section 1.3 also: (1) authorizes the Division and the 45 Administrative Office of the Courts to adopt any rules or regulations, as applicable, 46 that are necessary to carry out the provisions of section 1.3; and (2) requires the 47 Administrative Office of the Courts to submit certain annual reports to the 48 Legislature beginning on January 31, 2028. 49 Existing law provides, in general, that there is a rebuttable presumption that 50 certain records of a person should be sealed if the person petitions the court for the 51 sealing of such records and satisfies all statutory requirements. (NRS 179.2445) 52 Section 3.5 of this bill provides that there is also a rebuttable presumption that 53 certain records of a person should be sealed if a court receives a list of confirmed 54 – 3 – - *AB160_R3* eligible convictions or charges from the Administrative Office of the Courts 55 pursuant to section 1.3 and the records relate to such confirmed eligible convictions 56 or charges. Sections 3.7 and 3.9 of this bill make conforming changes to reflect the 57 change in section 3.5. 58 Existing law provides that if a court seals certain records of a person, certain 59 civil rights of the person are restored. Existing law requires the person to be given 60 documentation demonstrating that fact. If the documentation is lost, damaged or 61 destroyed, the person is authorized to request that a court issue an order to restore 62 his or her civil rights. (NRS 179.285) Section 6 of this bill makes a technical, 63 nonsubstantive change to existing law by reorganizing the language in existing law. 64 Section 6.5 of this bill provides for the restoration of civil rights if the records of a 65 person are sealed pursuant to section 1.3. However, under section 6.5, the person is 66 not required to be given documentation demonstrating that fact. Instead, section 6.5 67 authorizes a person who was not given documentation of the restoration of his or 68 her civil rights to request that a court issue an order in the same manner as a person 69 whose documentation is lost, damaged or destroyed. 70 Section 7 of this bill authorizes a person who is the subject of records that are 71 sealed pursuant to section 1.3 to petition a court to allow for the inspection of the 72 records. Section 8 of this bill authorizes certain other governmental entities to 73 inspect such records under certain circumstances. Section 7.5 of this bill authorizes 74 the Central Repository for Nevada Records of Criminal History and its employees 75 to inspect certain sealed records relating to a violation or alleged violation of the 76 prohibition against certain persons owning or possessing a firearm. (NRS 202.360) 77 Sections 5-7 of this bill also apply provisions relating to records that have been 78 sealed pursuant to certain provisions of law to records that are sealed after a court 79 finds that a person was wrongfully convicted of a felony and enters a certificate of 80 innocence. 81 If a person is arrested and the charges against the person are dismissed or 82 declined for prosecution or the person is acquitted of the charges, existing law 83 authorizes the person to petition a court for the sealing of all records relating to the 84 arrest and the proceedings leading to the dismissal, declination or acquittal. (NRS 85 179.255) Section 4 of this bill authorizes a person against whom multiple charges 86 were brought, consisting of both charges for which the person was convicted and 87 charges which were disposed of by dismissal, declination or acquittal, to petition 88 for the sealing of those portions of the records relating to the arrest of the person 89 and the subsequent proceedings that relate to the charges which were disposed of 90 by dismissal, declination or acquittal. 91 Section 2 of this bill provides that it is the public policy of this State to enhance 92 and modernize the sharing of information between agencies of criminal justice by 93 having records shared in a timely manner in accordance with statutory 94 requirements. 95 Section 1.7 of this bill creates the Advisory Task Force on Automatic Record 96 Sealing and establishes requirements concerning the membership of the Task Force. 97 Section 1.7 establishes the general duties of the Task Force, including reviewing 98 the current petition-based process for the sealing of records and identifying the 99 ways in which the process can be streamlined to simplify the process for 100 petitioners. Section 1.7 also requires the Task Force to prepare and submit a report 101 to the Administrative Office of the Courts and the Legislature: (1) on or before 102 July 1, 2024, that sets forth the initial activities and findings of the Task Force; (2) 103 on or before July 1, 2025, that sets forth the activities, findings and initial 104 recommendations of the Task Force; and (3) on or before July 1, 2026, that sets 105 forth the final activities, findings and recommendations of the Task Force to 106 support the implementation of the automatic sealing of records of criminal history. 107 Section 8.3 of this bill requires the Administrative Office of the Courts, before 108 – 4 – - *AB160_R3* January 1, 2025, to adopt rules to streamline the process for filing a petition for the 109 sealing of records, as recommended by the Task Force. 110 Sections 2-3.3 of this bill make conforming changes to indicate the proper 111 placement of sections 1.3 and 1.7 in the Nevada Revised Statutes. 112 Section 8.1 of this bill makes an appropriation from the State General Fund to 113 the Department of Public Safety for the technology costs associated with complying 114 with the provisions of section 1.3. Section 8.15 of this bill makes an appropriation 115 from the State General Fund to the Department for the provision of support to the 116 Task Force, including for the administrative costs of supporting the Task Force. 117 Section 8.2 of this bill makes an appropriation from the State General Fund to the 118 Interim Finance Committee for allocation to the Department for employing or 119 contracting with persons to perform certain functions and, to the extent that money 120 from the appropriation is available, for the Department to award of grants of money 121 to criminal justice agencies to support technology or system upgrades for the 122 purpose of complying with the provisions of section 1.3. 123 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 179 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 1.3 and 1.7 of this act. 2 Sec. 1.3. 1. Not later than January 1, 2027, the Division 3 shall develop and implement a process to identify, based on data 4 maintained in the records of the Division, each: 5 (a) Conviction of a person that becomes an eligible conviction; 6 (b) Charge against a person that becomes an eligible charge; 7 and 8 (c) Agency of criminal justice or public or private company, 9 agency, officer and other custodian of records that may 10 reasonably be identified as having possession of records relating 11 to a conviction or charge that becomes an eligible conviction or 12 eligible charge. 13 2. After the development and implementation of the process 14 described in subsection 1, the Division shall, each month: 15 (a) Identify each: 16 (1) Conviction of a person or charge against a person that 17 has become an eligible conviction or eligible charge in the 18 immediately preceding month; and 19 (2) Agency of criminal justice or public or private company, 20 agency, officer or other custodian of records that may reasonably 21 be identified as having possession of records relating to an eligible 22 conviction or eligible charge identified pursuant to 23 subparagraph (1); 24 (b) Compile a list of each eligible conviction, eligible charge 25 and person or governmental entity identified pursuant to 26 paragraph (a); and 27 – 5 – - *AB160_R3* (c) Transmit the list compiled pursuant to paragraph (b) to the 1 Administrative Office of the Courts to recommend the sealing of 2 records relating to an eligible conviction or eligible charge 3 identified on the list. 4 3. Not later than January 1, 2027, the Administrative Office 5 of the Courts shall develop and implement a process to review the 6 list received from the Division pursuant to paragraph (c) of 7 subsection 2 and transmit to every court having jurisdiction each: 8 (a) Conviction of a person that has become an eligible 9 conviction; and 10 (b) Charge against a person that has become an el [Text truncated for display. Full text available on LegiScan.]