NV Rev Stat § 179A.075 (2021)
2021 Nevada Revised Statutes|Chapter 179A - Records of Criminal History and Information Relating to Public Safety|NRS 179A.075 - Creation; duties of agencies of criminal justice and certain other agencies; duties and powers of Records, Communications and Compliance Division of Department and Central Repository. [Effective July 1, 2020.]

  1. The Central Repository for Nevada Records of Criminal History is hereby created within the Records, Communications and Compliance Division of the Department.  2. Each agency of criminal justice and any other agency dealing with crime 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:  (1) In the manner approved by the Director of the Department; and  (2) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of Investigation.  3. Each agency of criminal justice shall submit the information relating to records of criminal history that it creates, issues or collects, 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,  within 60 days after the date of the disposition of the case. 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. Each state and local law enforcement agency shall submit Uniform Crime Reports to the Central Repository:  (a) In the manner prescribed by the Director of the Department;  (b) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of Investigation; and  (c) Within the time prescribed by the Director of the Department.  5. 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, in paper or electronic form, the information that is contained in the Central Repository to the Committee on Domestic Violence appointed pursuant to NRS 228.470 when, pursuant to NRS 228.495, the Committee is reviewing the death of the victim of a crime that constitutes domestic violence pursuant to NRS 33.018.  6. 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 or other biometric identifier 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 or authorized 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.  7. To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to subsection 6, the Central Repository must receive:  (a) The person’s complete set of fingerprints for the purposes of:  (1) Booking the person into a city or county jail or detention facility;  (2) Employment;  (3) Contractual services; or  (4) Services related to occupational licensing;  (b) One or more of the person’s fingerprints for the purposes of mobile identification by an agency of criminal justice; or   (c) Any other biometric identifier of the person as it may require for the purposes of:  (1) Arrest; or  (2) Criminal investigation,  from the agency of criminal justice or agency of the State of Nevada or any political subdivision thereof and submit the received data to the Federal Bureau of Investigation for its report.  8. 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 to serve as a volunteer; or  (3) Is employed by or volunteers for a county school district, charter school or private school,  and immediately 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 or 453.339, or convicted of a felony or any offense involving moral turpitude.  (e) Upon discovery, immediately 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 or volunteering for a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,  who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385 or 453.339, 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 one or more fingerprints or other biometric identifier or has such data 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 post on the Central Repository’s Internet website an annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be posted to the Central Repository’s Internet website 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 post on the Central Repository’s Internet website 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 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.  (j) Adopt regulations governing biometric identifiers and the information and data derived from biometric identifiers, including, without limitation:  (1) Their collection, use, safeguarding, handling, retention, storage, dissemination and destruction; and  (2) The methods by which a person may request the removal of his or her biometric identifiers from the Central Repository and any other agency where his or her biometric identifiers have been stored.  9. 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.  (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 or any other agency dealing with crime which is required to submit information pursuant to subsection 2. 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.  10. As used in this section:  (a) "Mobile identification" means the collection, storage, transmission, reception, search, access or processing of a biometric identifier using a handheld device.  (b) "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) A biometric identifier of a person.  (c) "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; 2015, 544, 841, 1799, 2762; 2017, 119, 2064, 2451, 2676, 3159; 2019, 1069, 4410, effective July 1, 2020)