Nevada Revised Statutes 217.590 – Prohibited actions by certifying agency; certifying agency to develop protocol to assist certain petitioners; report to Legislature regarding certifications
1. A certifying agency shall not:
Terms Used In Nevada Revised Statutes 217.590
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(a) Disclose the immigration status of a petitioner unless such a disclosure is mandated by federal law or court order or the petitioner consents, in writing, to such a disclosure.
(b) Withdraw a certification unless the petitioner refuses to provide assistance that was reasonably requested by a law enforcement agency in the investigation or prosecution of the criminal activity described in NRS 217.580.
2. A certifying agency shall develop a protocol to assist petitioners:
(a) Who have a limited proficiency in the English language.
(b) Who are deaf, hard of hearing or speech impaired.
3. On or before January 1 of each year, each certifying agency that receives a request for a certification pursuant to NRS 217.580 shall submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature that sets forth:
(a) The number of such requests received by the certifying agency;
(b) The number of certifications completed by the certifying agency;
(c) The number of certifications denied by the certifying agency; and
(d) For each denial of a certification by the certifying agency, the reasons for that denial.
4. Nothing in this section shall be construed to relieve any obligation placed upon a prosecuting attorney or law enforcement official by the Nevada Constitution or the United States Constitution to disclose exculpatory evidence to a defendant.