Nrs: Chapter 179C - Registration Of Convicted Persons

Link to law: https://www.leg.state.nv.us/NRS/NRS-179C.html
Published: 2015

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[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)