AB162 - Establishes a statewide database and Internet website for certain criminal records relating to domestic violence. (BDR 14-52)

A.B. 162 - *AB162* ASSEMBLY BILL NO. 162–ASSEMBLYMEMBER YUREK PREFILED JANUARY 31, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Establishes a statewide database and Internet website for certain criminal records relating to domestic violence. (BDR 14-52) 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 records of criminal history; requiring the Director of the Department of Public Safety to establish a statewide database and Internet website within the Central Repository for Nevada Records of Criminal History of persons who have two or more convictions of acts that constitute domestic violence; authorizing a person who is included in the statewide database and Internet website to petition the Director for the removal of his or her information from the statewide database and Internet website; providing immunity from criminal or civil liability for certain persons relating to the accuracy and disclosure of information in the statewide database and Internet website; prohibiting a person from using information obtained from the statewide database or Internet website for certain purposes; providing that any person who uses information obtained from the statewide database or Internet website for any prohibited purpose is civilly liable; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law sets forth certain unlawful acts that constitute domestic violence 1 when committed against certain persons. (NRS 33.018) Existing law creates the 2 Central Repository for Nevada Records of Criminal History within the Records, 3 Communications and Compliance Division of the Department of Public Safety and 4 establishes within the Central Repository various other databases including other 5 repositories for information relating to orders of protection and crimes against older 6 – 2 – - *AB162* or vulnerable persons, a statewide registry of sex offenders and offenders convicted 7 of a crime against a child and a community notification website which provides the 8 public with access to certain information contained in the statewide registry. (NRS 9 179A.075, 179A.350, 179A.450, 179B.200, 179B.250) Section 2 of this bill 10 requires the Director of the Department to establish within the Central Repository: 11 (1) a statewide database of persons who have two or more convictions of any one 12 act or combination of acts that constitute domestic violence; and (2) an Internet 13 website to provide the public with access at no charge to certain information 14 contained in the statewide database. 15 Section 2 further: (1) requires the statewide database to make available to a 16 requester certain information relating to persons included in the statewide database 17 to the extent that such information is available; (2) prohibits the statewide database 18 from providing certain confidential information to a requester; (3) requires that the 19 Internet website be maintained in a manner that allows the public to search for a 20 person in the statewide database by providing certain information; (4) sets forth the 21 process for a person to petition the Director for the removal of his or her 22 information from the statewide database and Internet website; and (5) requires the 23 Department to post certain information on the Internet website, including 24 information concerning the process for such a petition and contact information for 25 organizations in this State which provide services to victims of domestic violence. 26 Finally, section 2 provides that the Department and the officers and employees 27 thereof and a law enforcement agency and the officers and employees thereof are 28 immune from criminal or civil liability for an act or omission relating to 29 information in the statewide database and Internet website. 30 Existing law prohibits, with certain exceptions, a person from using 31 information obtained from the community notification website relating to sex 32 offenders for any purpose related to: (1) insurance, including health insurance; (2) 33 loans; (3) credit; (4) employment; (5) education, scholarships or fellowships; (6) 34 housing or accommodations; or (7) benefits, privileges or services provided by any 35 business establishment. (NRS 179B.270) Under existing law, any person who uses 36 information obtained from the community notification website in violation of this 37 prohibition is liable in a civil action brought by or on behalf of a person injured by 38 the violation. (NRS 179B.280) Similarly, sections 3 and 4 of this bill: (1) prohibit a 39 person from using for such purposes information obtained from the statewide 40 database or Internet website established pursuant to section 2 for convictions of 41 acts that constitute domestic violence; and (2) make any person who uses 42 information obtained from the statewide database or Internet website in violation of 43 this prohibition liable in a civil action brought by or on behalf of a person injured 44 by the violation. 45 Section 6 of this bill provides that certain information included in the statewide 46 database is confidential and not a public record. 47 Existing law requires that certain records obtained from the Central Repository 48 be used solely for the purpose for which the record was requested and prohibits a 49 person who received information from disseminating such information without 50 express authority of law or in accordance with a court order. (NRS 179A.110) 51 Section 5 of this bill provides that such requirements do not apply to public 52 information obtained from the statewide database or Internet website established 53 pursuant to section 2. 54 – 3 – - *AB162* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 179A of NRS is hereby amended by 1 adding thereto the provisions set forth as sections 2, 3 and 4 of this 2 act. 3 Sec. 2. 1. The Director of the Department shall establish 4 within the Central Repository a statewide database of persons who 5 have been convicted under the laws of this State two or more times 6 of any one act or combination of acts that constitute domestic 7 violence pursuant to NRS 33.018. 8 2. To the extent the information is available, the statewide 9 database established pursuant to subsection 1 must make available 10 to a requester the following information relating to each person 11 identified pursuant to subsection 1: 12 (a) The full name and any alias used by the person; 13 (b) The date of birth; 14 (c) A physical description and recent photograph; 15 (d) A list of offenses described in subsection 1 for which the 16 person has been convicted, the date of conviction for each offense 17 and the punishment prescribed for each offense; and 18 (e) An indication as to whether the person was discharged, 19 placed on community supervision or released on parole or 20 mandatory supervision following the conviction of each offense. 21 3. Except as otherwise provided in this subsection, the 22 information contained in the statewide database is public 23 information. The statewide database shall not provide a requester 24 with confidential information relating to: 25 (a) The social security number, driver’s license number or 26 telephone number of the subject of the search; or 27 (b) The identity of any victim of the offenses described in 28 subsection 1. 29 4. Subject to the requirements of subsection 3, the Director of 30 the Department shall establish and maintain within the Central 31 Repository an Internet website to provide the public with access at 32 no charge to the information set forth in subsection 2 that is 33 contained in the statewide database established pursuant to 34 subsection 1. The Internet website must be maintained in a 35 manner that will allow the public to obtain such information for 36 each person included in the statewide database by providing: 37 (a) The name or any alias of the subject of the search; or 38 (b) Any other information concerning the identity or location 39 of the subject of the search that is deemed sufficient in the 40 discretion of the Department. 41 – 4 – - *AB162* 5. The Department shall, in a conspicuous manner, post on 1 the Internet website established pursuant to subsection 4 the 2 following information: 3 (a) Information concerning the process set forth in subsection 4 6 for a petition for the removal of information contained in the 5 statewide database and Internet website, including, without 6 limitation, the circumstances under which a petition for removal 7 will be granted; and 8 (b) Contact information for organizations in this State which 9 provide services to victims of domestic violence. 10 6. A person included in the statewide database and Internet 11 website established pursuant to this section may petition the 12 Director for the removal of his or her information from the 13 statewide database and Internet website. The Director shall grant 14 the petition if: 15 (a) Unless the person has been convicted three or more times 16 of an offense described in subsection 1, a court issues an order to 17 expunge or seal all records relating to a conviction of one of the 18 offenses described in subsection 1 and the removal of such records 19 would disqualify the person from inclusion in the statewide 20 database; or 21 (b) During the 7-year period preceding the date of the petition, 22 the person has not been convicted of an offense described in 23 subsection 1. 24 7. In establishing the statewide database and Internet website 25 required pursuant to this section, the Director shall: 26 (a) Consult with a representative of an organization which 27 provides services to victims of domestic violence across this State 28 regarding: 29 (1) The implementation of the statewide database and 30 Internet website; and 31 (2) The resources to be included on the Internet website 32 pursuant to paragraph (b) of subsection 5; and 33 (b) To the extent feasible, use existing databases and systems. 34 8. The Department and the officers and employees thereof 35 and a law enforcement agency and the officers and employees 36 thereof are immune from criminal or civil liability for an act or 37 omission relating to information obtained, maintained or disclosed 38 pursuant to the provisions of this section, including, without 39 limitation, an act or omission relating to: 40 (a) The accuracy of the information in the statewide database 41 and Internet website; or 42 (b) The disclosure of or the failure to disclose information in 43 the statewide database and Internet website. 44 – 5 – - *AB162* Sec. 3. Except as otherwise authorized pursuant to specific 1 statute, a person shall not use information obtained from the 2 statewide database or Internet website established pursuant to 3 section 2 of this act for any purpose related to any of the 4 following: 5 1. Insurance, including health insurance. 6 2. Loans. 7 3. Credit. 8 4. Employment. 9 5. Education, scholarships or fellowships. 10 6. Housing or accommodations. 11 7. Benefits, privileges or services provided by any business 12 establishment. 13 Sec. 4. Any person who uses information obtained from the 14 statewide database or Internet website established pursuant to 15 section 2 of this act in violation of the provisions of section 3 of 16 this act is liable in a civil action brought by or on behalf of a 17 person injured by the violation, for damages, attorney’s fees and 18 costs incurred as the result of the violation. 19 Sec. 5. NRS 179A.110 is hereby amended to read as follows: 20 179A.110 A record of criminal history or any records of 21 criminal history of the United States or another state obtained 22 pursuant to this chapter must be used solely for the purpose for 23 which the record was requested. No person who receives 24 information relating to records of criminal history pursuant to this 25 chapter or who receives information pursuant to federal laws or 26 regulations may disseminate the information further without express 27 authority of law or in accordance with a court order. This section 28 does not [prohibit] : 29 1. Prohibit the dissemination of material by an employee of the 30 electronic or printed media in a professional capacity for 31 communication to the public. 32 2. Apply to public information obtained from the statewide 33 database or Internet website established pursuant to section 2 of 34 this act. 35 Sec. 6. NRS 239.010 is hereby amended to read as follows: 36 239.010 1. Except as otherwise provided in this section and 37 NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 38 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 39 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 40 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 41 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 42 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 43 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 44 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 45 – 6 – - *AB162* 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 1 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 2 130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 3 176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 4 176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 5 179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 6 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 7 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 8 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 9 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 10 224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 11 231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 12 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 13 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 14 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 15 244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 16 250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 26 [Text truncated for display. 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