Existing law sets forth certain unlawful acts that constitute domestic violence when committed against certain persons. (NRS 33.018) Existing law creates the Central Repository for Nevada Records of Criminal History within the Records, Communications and Compliance Division of the Department of Public Safety and establishes within the Central Repository various other databases including other repositories for information relating to orders of protection and crimes against older or vulnerable persons, a statewide registry of sex offenders and offenders convicted of a crime against a child and a community notification website which provides the public with access to certain information contained in the statewide registry. (NRS 179A.075, 179A.350, 179A.450, 179B.200, 179B.250) Section 2 of this bill requires the Director of the Department to establish within the Central Repository: (1) a statewide database of persons who have two or more convictions of any one act or combination of acts that constitute domestic violence; and (2) an Internet website to provide the public with access at no charge to certain information contained in the statewide database. Section 2 further: (1) requires the statewide database to make available to a requester certain information relating to persons included in the statewide database to the extent that such information is available; (2) prohibits the statewide database from providing certain confidential information to a requester; (3) requires that the Internet website be maintained in a manner that allows the public to search for a person in the statewide database by providing certain information; (4) sets forth the process for a person to petition the Director for the removal of his or her information from the statewide database and Internet website; and (5) requires the Department to post certain information on the Internet website, including information concerning the process for such a petition and contact information for organizations in this State which provide services to victims of domestic violence. Finally, section 2 provides that the Department and the officers and employees thereof and a law enforcement agency and the officers and employees thereof are immune from criminal or civil liability for an act or omission relating to information in the statewide database and Internet website. Existing law prohibits, with certain exceptions, a person from using information obtained from the community notification website relating to sex offenders for any purpose related to: (1) insurance, including health insurance; (2) loans; (3) credit; (4) employment; (5) education, scholarships or fellowships; (6) housing or accommodations; or (7) benefits, privileges or services provided by any business establishment. (NRS 179B.270) Under existing law, any person who uses information obtained from the community notification website in violation of this prohibition is liable in a civil action brought by or on behalf of a person injured by the violation. (NRS 179B.280) Similarly, sections 3 and 4 of this bill: (1) prohibit a person from using for such purposes information obtained from the statewide database or Internet website established pursuant to section 2 for convictions of acts that constitute domestic violence; and (2) make any person who uses information obtained from the statewide database or Internet website in violation of this prohibition liable in a civil action brought by or on behalf of a person injured by the violation. Section 6 of this bill provides that certain information included in the statewide database is confidential and not a public record. Existing law requires that certain records obtained from the Central Repository be used solely for the purpose for which the record was requested and prohibits a person who received information from disseminating such information without express authority of law or in accordance with a court order. (NRS 179A.110) Section 5 of this bill provides that such requirements do not apply to public information obtained from the statewide database or Internet website established pursuant to section 2.

Statutes affected:
As Introduced: 179A.110, 239.010
BDR: 179A.110, 239.010