[Rev. 11/21/2013 9:58:29
AM--2013]
CHAPTER 179C - REGISTRATION OF CONVICTED
PERSONS
GENERAL PROVISIONS
NRS 179C.010 “Convicted
person” defined.
REQUIREMENTS AND PROCEDURE
NRS 179C.100 Registration
with local law enforcement officer within 48 hours; duties and procedures;
registration card may not be required; effect of restoration of civil rights.
NRS 179C.110 Convicted
person to notify local law enforcement officer of change of address; procedure.
NRS 179C.120 Fingerprinting
of convicted persons.
DISSEMINATION OF INFORMATION
NRS 179C.160 Registration
information forwarded to Central Repository.
NRS 179C.170 Registration
information placed in separate file; inspection of information; information may
be transmitted to certain agencies and persons.
PROHIBITED ACTS AND PENALTIES
NRS 179C.200 Misleading
information prohibited.
NRS 179C.210 Continuing
duty to furnish statement; separate offenses.
NRS 179C.220 Penalty.
_________
GENERAL PROVISIONS
NRS 179C.010 “Convicted person” defined.
1. Except as otherwise provided in
subsection 2, as used in this chapter, unless the context otherwise requires,
“convicted person” means:
(a) A person convicted in the State of Nevada or
convicted in any place other than the State of Nevada of two or more offenses
punishable as felonies.
(b) A person convicted in the State of Nevada of
an offense punishable as a category A felony.
(c) A person convicted in the State of Nevada or
convicted in any place other than the State of Nevada of a crime that would
constitute a category A felony if committed in this State on or after July 1,
2003.
2. For the purposes of this chapter,
“convicted person” does not include:
(a) A person who has been convicted of a crime
against a child, as defined in NRS
179D.0357, or a sexual offense, as defined in NRS 179D.097; or
(b) Except as otherwise provided in this chapter,
a person whose conviction is or has been set aside in the manner provided by
law.
[1:123:1955]—(NRS A 1959, 216; 1963, 89; 1967, 519;
1971, 932; 1973, 1061; 1975, 1633; 1979, 322, 1019; 1981, 362, 1295, 1296; 1987, 703; 1991, 789, 2268; 1997, 1325, 1682; 1999, 435; 2003, 2688; 2007, 2756)
REQUIREMENTS AND PROCEDURE
NRS 179C.100 Registration with local law enforcement officer within 48 hours;
duties and procedures; registration card may not be required; effect of
restoration of civil rights.
1. It is unlawful for a convicted person
to be or remain in the State of Nevada for a period of more than 48 hours
without, during such 48-hour period, registering with the sheriff of a county
or the chief of police of a city in the manner prescribed in this section.
2. A convicted person who does not reside
in the State of Nevada but who has a temporary or permanent place of abode
outside the State of Nevada, and who comes into the State on five occasions or
more during any 30-day period, is subject to the provisions of this chapter.
3. A person who has registered as a
convicted person with the sheriff of a county or the chief of police of a city
shall register again as provided in this section if the person subsequently
commits another offense described or referred to in this chapter.
4. A person required by this section to register
shall do so by filing with the sheriff or chief of police a statement in
writing, upon a form prescribed and furnished by the sheriff or chief of
police, which is signed by the person and which provides the following
information:
(a) The person’s true name and each alias that
the person has used or under which the person may have been known;
(b) A full and complete description of his or her
person;
(c) The kind, character and nature of each crime
of which the person has been convicted;
(d) The place in which the person was convicted
of each crime;
(e) The name under which the person was convicted
in each instance and the date thereof;
(f) The name, if any, and the location of each
prison, reformatory, jail or other penal institution in which the person was
confined or to which the person was sentenced;
(g) The location and address of the person’s
residence, stopping place, living quarters or place of abode, and if more than
one residence, stopping place or place of abode, that fact must be stated and
the location and address of each given;
(h) The kind of residence, stopping place, or
place of abode in which the person resides, including whether it is a private
residence, hotel, apartment house or other building or structure;
(i) The length of time the person has occupied
each place of residence, stopping place or place of abode, and the length of
time the person expects or intends to remain in the State of Nevada; and
(j) Any further information that may be required
by the sheriff or chief of police for the purpose of aiding and assisting in
carrying into effect the provisions and intent of this chapter.
5. The sheriff of a county or the chief of
police of a city shall not require a convicted person to carry a registration
card, and no convicted person who is required to register pursuant to this
section may be punished for the failure to carry a registration card.
6. When so ordered in the individual case
by the district court in which the conviction was obtained, by the State Board
of Parole Commissioners or by the State Board of Pardons Commissioners,
whichever is appropriate, the provisions of this section do not apply to a
convicted person who has had his or her civil rights restored.
[2:123:1955]—(NRS A 1969, 406; 1973, 1843; 1979, 1461;
1997, 1326;
2003, 2689)
NRS 179C.110 Convicted person to notify local law enforcement officer of
change of address; procedure. A
convicted person, except a nonresident, who is required to register under the
provisions of this chapter and who changes his or her place of residence,
stopping place or place of abode, shall, within 48 hours after the change, and
a nonresident mentioned in subsection 2 of NRS
179C.100 who has registered and who changes his or her place of residence,
stopping place or place of abode, shall, upon the next entry into the State
after the change, notify the sheriff or chief of police of the change and
furnish to the sheriff or chief of police the address of his or her new
residence, stopping place or place of abode by filing with the sheriff or chief
of police a written statement, upon a form prescribed and furnished by the
sheriff or chief of police, which is signed by the person and which provides
the following information:
1. The person’s true name and each alias
that the person has used or under which the person may have been known;
2. The kind, character and nature of each
crime of which the person has been convicted;
3. The place in which the person was
convicted of each crime;
4. The name under which the person was
convicted in each instance and the date thereof; and
5. The location and address of the
person’s residence, stopping place, living quarters or place of abode, and, if
there is more than one, the location and address of each residence, stopping
place, living quarters or place of abode.
[3:123:1955]—(NRS A 1997, 1327)
NRS 179C.120 Fingerprinting of convicted persons. Each
convicted person, at the time of registering and furnishing the information
required by this chapter, shall be fingerprinted by the sheriff or chief of
police, who shall cause such fingerprints to be made a part of the record
required by this chapter.
[4:123:1955]
DISSEMINATION OF INFORMATION
NRS 179C.160 Registration information forwarded to Central Repository. Upon registering a convicted person pursuant
to the provisions of this chapter, a sheriff or a chief of police shall forward
all information concerning such registration to the Central Repository for
Nevada Records of Criminal History in the manner prescribed by the Director of
the Department of Public Safety.
(Added to NRS by 1997, 1325; A 2001, 2579)
NRS 179C.170 Registration information placed in separate file; inspection of
information; information may be transmitted to certain agencies and persons.
1. The statements and fingerprints provided
for in this chapter must at all times be kept by the sheriff or chief of police
in a file separate and apart from other files and records maintained and kept
by the sheriff or chief of police, and must not be open to inspection by the
public, or by any person other than a regular law enforcement officer.
2. Copies of those statements and
fingerprints may be transmitted to:
(a) The sheriff of any county in this State;
(b) The head of any organized police department
of any municipality in this State;
(c) The head of any department of the State of
Nevada engaged in the enforcement of any criminal law of this State;
(d) The Nevada Gaming Commission and State Gaming
Control Board or any successor thereto;
(e) The head of any federal law enforcement agency;
(f) Any sheriff or chief of police of a
municipality; or
(g) The head of any other law enforcement agency
in any state or territory outside of this State, if a request is made in
writing by such sheriff or other head of a law enforcement agency asking for
the record of a certain person named therein, or for the record of a person
whose fingerprints reasonably correspond with fingerprints submitted with the
request, and stating that the record is deemed necessary for the use of that
law enforcement officer or agency in or concerning the investigation of any
crime, or any person who is accused of committing a crime, or any crime which
is reported to have been committed, and further stating that the record will be
used only for that purpose.
3. A sheriff or chief of police shall,
upon the written request of a county clerk or registrar of voters, furnish the
county clerk or registrar of voters with a list containing the name and current
address of the residence of each person required to register pursuant to this
chapter.
[5:123:1955]—(NRS A 1965, 1031; 1989, 2173)
PROHIBITED ACTS AND PENALTIES
NRS 179C.200 Misleading information prohibited. No
person required by any provision of this chapter to furnish a statement shall
in such statement give any false or fictitious address or any address other
than a true address or intended address, or furnish in the making of any such
report any false, untrue or misleading information or statement, relating to
any information required by any of the provisions thereof to be made or
furnished.
[6:123:1955]
NRS 179C.210 Continuing duty to furnish statement; separate offenses. The duty to furnish statements when and in the
manner provided by this chapter is hereby declared to be a continuing one, and
for each day that any person required under the provisions of this chapter to
furnish a statement fails to do so, such failure shall constitute a separate
offense; provided:
1. That no person may be convicted more
than once on account of violations occurring by reason of failure, on a series
of days, to furnish such statements; and
2. That nothing contained herein shall be
deemed a bar to subsequent prosecutions for violations of the provisions of
this chapter occurring subsequent to a prior conviction or acquittal of a
violation thereof.
[7:123:1955]
NRS 179C.220 Penalty. Any person
violating the provisions of this chapter is guilty of a misdemeanor.
[8:123:1955]—(NRS A 1967, 520)
