Prohibited actions by certifying agency; certifying agency to develop protocol to assist certain petitioners; report to Legislature regarding certifications.

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1. A certifying agency shall not:

(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.

(Added to NRS by 2019, 4351)


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