Revises provisions relating to privacy. (BDR 11-1020)
Summary
SB432 revises Nevada law governing privacy in family law proceedings and the handling of sensitive court records. The bill creates a new chapter in Title 11 of NRS establishing that family law proceedings are presumptively open, but allowing a court to close all or part of a proceeding when closure is necessary to serve a compelling interest. In deciding whether to close a proceeding, the court must consider the best interests of any child involved, risks of disclosing protected personal identifying information, and whether public access would create a substantial risk of harassment, indignity, emotional harm, or violation of privacy rights. The court must also make written findings addressing harm, alternatives to closure, and narrow tailoring.
Impact
The bill repeals NRS 125.080 and 125.110, including the prior divorce-closure rule that the Nevada Supreme Court found unconstitutional because it required closure without judicial discretion. It replaces those provisions with a more detailed framework for open proceedings, discretionary closure, sealing and redaction of records, and later unsealing for good cause. The bill also specifies which family-law records remain open to public inspection and which are presumptively confidential, including financial disclosures, medical and psychological records, child custody evaluations, and sealed exhibits. In addition, it creates a new felony offense for willfully posting or displaying another person's protected personal identifying information in public without consent when that information is required to remain private by law or court rule.
Sentiment
The bill appears to have broad bipartisan support and little visible opposition in the available record. It passed the Senate 21-0 and the Assembly 42-0, indicating unanimous approval in both chambers. The overall sentiment reflected by the vote history is favorable, likely because the measure responds to a constitutional defect identified by the Nevada Supreme Court while also strengthening privacy protections in sensitive family-law matters.
Contention
The main policy tension in SB432 is between public access to court proceedings and records, and the privacy interests of parties and children involved in family-law cases. Support for openness is reflected in the bill's presumption that proceedings and many records remain public, but opponents of disclosure concerns would likely focus on the bill's broad authority to close proceedings, seal records, and criminalize public posting of protected personal identifying information. The bill specifically elevates child welfare, medical privacy, and protection from harassment or emotional harm as reasons to limit access, while preserving judicial discretion and requiring narrow tailoring to address constitutional concerns.