October 2007 Nevada Lawyer

October 2007

SUMMARY OF SELECTED 2007 LEGISLATION RELATING TO, COURTS AND JUDICIAL PROCEDURE, CRIMES AND CRIMINAL JUSTICE

by Scott Wasserman, Editorial Board

Editor's Note: The following summaries of selected 2007 legislation relating to judicial procedure and criminal justice are excerpted from the publication "SUMMARY OF LEGISLATION," published by the Research Division of the Legislative Counsel Bureau. The complete publication is available for purchase through the Legislative Publications Office at the Legislative Counsel Bureau (775-684-6835). The complete text of each legislative measure summarized is available at the Nevada Legislature's web site at http://www.leg.state.nv.us/74th/Reports/ . Scott G. Wasserman, Esq., Editorial Board

Unless otherwise noted, the measures passed during the 2007 Regular Session and the 23^rd Special Session became effective on October 1, 2007.

COURTS AND JUDICIAL PROCEDURES

A.B. 20 (Chapter 73) Juror’s Travel Expenses

Assembly Bill 20 reduces from 65 to 30 the number of miles a juror must travel in order to be reimbursed for travel expenses. The bill became effective on July 1, 2007.

A.B. 49 (Chapter 136) Exemptions from Jury Service

Assembly Bill 49 provides a jury service exemption for a police officer, defined in statute as a sheriff, deputy sheriff, officer of a metropolitan police department, or city policeman. The measure also provides that the court shall grant a temporary excuse from jury service to a primary caregiver of another person who has a documented medical condition and requires the assistance of another person at all times. The bill became effective on May 29, 2007. The jury service exemption for police officers expires on July 1, 2011.

A.B. 100 (Chapter 22) Court Reporters Administering Oaths

Assembly Bill 100 authorizes a certified court reporter to administer oaths and affirmations without being appointed as a notary public. This bill became effective on July 1, 2007.

A.B. 190 (Chapter 139) Exonerating a Surety; Reports concerning Murder or Involuntary Manslaughter

Assembly Bill 190 requires that a court that exonerates a surety in certain cases to prepare an order exonerating the surety and to forward a copy of that order to the Office of the Court Administrator. The bill also requires the district attorneys to submit information concerning murder or involuntary murder charges to the Attorney General, instead of the Supreme Court, on a form approved by the Attorney General. Finally, the bill deletes the requirement for the Supreme Court to provide to the Legislature a report concerning this information. This measure became effective on July 1, 2007.

A.B. 193 (Chapter 327) Plea of Guilty But Mentally Ill

Assembly Bill 193 reinstates the plea of guilty but mentally ill and provides that a defendant found guilty but mentally ill is generally subject to the same penalties and procedures as a defendant who is found guilty of the same offense. During a trial in which a defendant pled not guilty by reason of insanity, the defendant may be found guilty but mentally ill if a judge or jury finds beyond a reasonable doubt that the defendant is guilty of the crime; and finds by a preponderance of the evidence that the defendant was mentally ill at the time the crime was committed and was not insane for purposes of the insanity defense. An inmate who was found guilty but mentally ill must receive treatment that is medically indicated for the mental illness. If the sentence includes a period of confinement at a State facility, the inmate must be separated from the general prison population until a licensed psychiatrist or psychologist employed by the Department of Corrections finds that acute mental health care is no longer required. However, if the inmate returns to the general population, the inmate must continue to receive any treatment that is medically necessary for the mental illness. The bill also codifies the standard for establishing the plea of not guilty by reason of insanity and clarifies that voluntary intoxication does not qualify for the insanity defense. Upon acquittal by reason of insanity, A.B. 193 establishes procedures for a defendant’s discharge or conditional release from the custody of the Division of Mental Health and Developmental Services of the Department of Health and Human Services. Eligibility for discharge or conditional release is based on a preponderance of the evidence that the individual would not be a danger to oneself or others as a result of the mental disorder.

A.B. 246 (Chapter 363) District Court Judges

Assembly Bill 246 increases from 12 to 14 the number of district judges in Washoe County and increases from 37 to 43 the number of district judges in Clark County. Both of the new judges in Washoe County are added to the family court, increasing the number of family court judges from four to six. Five of the additional six new judges in Clark County are added to the family court, increasing the number of family court judges from 13 to 18. This bill also appropriates from the State General Fund to the District Judges’ Salary Account a total of $852,992 to cover the salary costs of the new judges. Provisions of this bill concerning the seating of the new judges are effective on January 5, 2009. Provisions of this bill that appropriate money to fund the new judges are effective on July 1, 2008. All other provisions of this bill became effective on October 1, 2007. NOTE: After passage of A.B. 246, the Legislature passed A.B. 4 of the 23rd Special Session, which repealed the provisions of A.B. 246 related to the number of judges in the 3rd Judicial District. See A.B. 4 of the 23rd Special Session for additional information.

A.B. 323 (Chapter 170) Witness fees

Assembly Bill 323 revises the amount paid to a witness who appears in a court or grand jury proceeding from 19 cents per mile traveled to the standard mileage reimbursement rate allowed for a federal income tax deduction. This bill is effective on July 1, 2008.

A.B. 353 (Chapter 43) Restoration of Parental Rights

Assembly Bill 353 authorizes a child to petition the court for the restoration of parental rights of the child’s natural parent if the child has not been adopted. The natural parent or parents for whom restoration of parental rights is sought must consent in writing to the petition. The bill sets forth proceedings governing the notice required before a hearing on the petition and specifies that certain persons must be personally served with the notice. The court must hold a hearing on a valid petition to determine whether to restore the parental rights. Assembly Bill 353 sets forth the certain findings that must be made before the court may grant such a petition and requires the court to order the restoration of parental rights if it finds the child is not likely to be adopted and such restoration is in the best interests of the child.

A.B. 483 (Chapter 512) Exempt from Execution

Assembly Bill 483 adds three items to the list of property of a judgment debtor that is exempt from execution. The items added are: (1) all money reasonably deposited with a landlord to secure an agreement to rent or lease a dwelling that is used as a primary residence; (2) up to $1,000 in personal property that is not otherwise exempt; and (3) the proceeds of an earned income tax credit provided by federal or State law. The measure also increases the homestead exemption to $550,000. Finally, the bill increases the limitation on damages that may be awarded in a tort action brought against a governmental entity or its officers or employees to $75,000 effective October 1, 2007 and to $100,000 effective October 1, 2011. This bill became effective on July 1, 2007, for all other purposes.

A.B. 490 (Chapter 336) Sealing Court Records

Assembly Bill 490 requires that a court seal all court records of an individual that have resulted from the admission or treatment of any person admitted to a mental health facility or hospital for mental health reasons either voluntarily or as the result of noncriminal proceedings. The bill allows the court to order the inspection of the sealed records in certain circumstances, including when a governmental entity needs to perform an extensive background search with respect to hiring for a public safety position. The measure further provides that a court may, upon its own order, inspect records sealed pursuant to the provisions of this measure if the records are necessary and relevant for the disposition of a matter pending before the court. The individual whose records are being opened pursuant to any of the exemptions listed in the bill must be given notice and the opportunity to oppose the opening of the records. A person who is the subject of sealed records is not required to admit to having been admitted to a facility for treatment except in certain cases, including situations involving that person applying for a permit to carry a concealed firearm or transferring a firearm. This bill became effective on July 1, 2007.

A.B. 508 (Chapter 488) Advisory Commission on the Administration of Justice

Assembly Bill 508 changes the name of the Advisory Commission on Sentencing to the Advisory Commission on the Administration of Justice. The bill expands the duties of the Commission to include evaluating the effectiveness and efficiency of the Department of Corrections and the State Board of Parole Commissioners; evaluating the effectiveness of specialty court programs; evaluating the policies and practices concerning presentence investigations and reports made by the Division of Parole and Probation; and evaluating, reviewing, and commenting on issues of juvenile justice. The bill also authorizes the Commission to issue subpoenas to compel the attendance of witnesses and the production of written documents. Additionally, A.B. 508 modifies the membership of the Commission. This bill became effective on July 1, 2007.

S.B. 35 (Chapter 127) Affidavits and Declarations as Evidence

Senate Bill 35 allows affidavits and declarations of certain persons to be admitted as evidence during a criminal or administrative proceeding to prove certain facts concerning blood, breath, or urine tests of an accused individual. The procedures for admitting such documents as evidence are set forth in the measure. However, the court may order the prosecution to produce the witness for the purposes of cross-examination if there is a bona fide dispute concerning the facts of the affidavit or declaration and if the defendant objects to the affidavit or declaration. In such cases, the witness may testify by audiovisual transmission. Prior to 2005, State law allowed affidavits and declarations of nurses and phlebotomists to be admitted as evidence to prove certain facts concerning blood, breath, or urine tests of anyone accused of driving under the influence. In response to a Nevada Supreme Court Opinion, those provisions were amended in 2005, so that affidavits and declarations were only admissible during grand jury or preliminary hearings, but not at a trial. The opinion held that they were inadmissible at trial unless the witness was present and available for cross examination. The Supreme Court subsequently withdrew its opinion and held that the prior statutes were not unconstitutional and adequately preserved the rights of the defendant. Thus, this measure returns the statutory language to that which existed prior to 2005. This measure became effective on May 25, 2007.

S.B. 177 (Chapter 60) Foreign-Country Judgments

Senate Bill 177 adopts the Uniform Foreign-Country Money Judgments Recognition Act, promulgated by the National Conference of Commissioners on Uniform State Laws. The bill sets forth the standards required for recognizing a foreign country judgment by courts in Nevada. A party seeking recognition of a foreign judgment by a Nevada court must prove that the judgment grants or denies recovery of a sum of money, and that it is a conclusive, final, and enforceable decision in the country of origin. The measure does not apply to certain actions such as judgments for taxes, fines or other penalties, or those rendered in connection with domestic relations. The bill also establishes a statute of limitations for the recognition of a foreign judgment.

S.B. 208 (Chapter 62) Jury Duty

Senate Bill 208 prohibits an employer or his employee, agent, or officer from requiring a person to use sick leave or vacation time to serve as a juror. Similarly, a juror cannot be compelled to work 8 hours before he is required to appear in court or between the hours of 5 p.m. on the day of jury duty and 3 a.m. the next day if the juror’s service lasted 4 hours or more. A violator of these provisions is guilty of a misdemeanor. This bill became effective on May 17, 2007.

S.B. 303 (Chapter 389) Municipal Judge

Senate Bill 303 amends the Charter of the City of North Las Vegas to require a municipal judge to devote his full time to his judicial duties and to be a duly licensed member of the State Bar of Nevada if the voters approve of the provisions at the 2008 General Election. The qualifications as a member of the State Bar do not apply to any existing judge who remains in office and serves uninterrupted terms. The measure is effective on January 1, 2009, if a majority of voters approve of the ballot question, and on October 1, 2007, for all other purposes.

S.B. 380 (Chapter 406) Commitment to Division of Mental Health and Developmental Services

Senate Bill 380 establishes procedures for the commitment to and conditional release from the Division of Mental Health and Developmental Services of the Department of Health and Human Services of defendants found incompetent to stand trial or receive punishment for a crime if there is no substantial probability that competency will be attained in the foreseeable future. For a defendant charged with a category A or B felony, the prosecuting attorney may file a motion to determine whether the defendant should be committed to the custody of the Division. If the defendant has a mental disorder such that he is a danger to himself or others, the court must order him committed to the custody of the Division until he is eligible for conditional release or 10 years has passed, whichever is sooner. The bill further sets forth the manner of determining eligibility for conditional release and requires an annual review of eligibility. Once the court finds that the person is no longer mentally ill or a danger to himself or others, he must be discharged from conditional release. If the defendant violates a condition of his release, the court must consider his risk to the community and may order him taken into protective custody or to jail. A subsequent hearing will determine whether to continue, modify, or terminate his conditional release.

S.B. 420 (Chapter 251) Wills, Estates and Trusts

Senate Bill 420 concerns wills, estates and trusts. This measure provides that a trustee or beneficiary of a trust may petition the court for a transfer of the trust’s supervision without requiring the concurrence of a beneficiary or beneficiaries. For the purpose of certain legal actions, a person is determined to have discovered that such a transfer took place when the record is made public. The measure also provides that certain property held in spendthrift trusts is not liable to execution if the beneficiary is the settler of the trust and the trust is a legally created spendthrift trust. The bill sets a threshold amount of $200,000 for either summary administration of an estate or a revocation of summary administration, and increases from $75,000 to $100,000 the value of small estates settled in probate court. It provides that the distribution of an estate to the nieces and nephews of the deceased is made in equal shares, per capita. Additionally, the bill increases a person’s liability from double to triple the value of property if that person converts, takes, or alienates any property before the granting of letters. Finally, S.B. 420 expands the reasons for a trustee or beneficiary to petition the court to include compelling compliance with the terms of the trust. If the petitioner prevails, the court may order a reduction in the trustee’s compensation and order him to pay the costs associated with preparation of the petition.

S.B. 556 (Chapter 422) Commission on Law Libraries

Senate Bill 556 re-creates the Supreme Court Commission on Law Libraries and the District Court Commission on Law Libraries; outlines the duties of the Commissions; appropriates funds for the salaries of the justices who serve on the Commissions; and establishes that salary received for service on a Commission is included in pension calculations. This measure also reorganizes the Second and Eighth Judicial Districts to allow district judges to be elected at the same time instead of in staggered terms, and to provide for family court judges that are counted separately from other judges in those districts. The provisions of this measure that relate to the Supreme Court Commission on Law Libraries are effective on January 1, 2009, and expire on December 31, 2012. The provisions that relate to the District Court Commission on Law Libraries are effective on January 1, 2009, and expire on January 3, 2011. The provisions that reorganize district court judges became effective on October 1, 2007, and those that designate separate family court judges are effective on January 3, 2011. Finally, the salary appropriations are effective on July 1, 2008.

S.J.R. 2 (File No. 104) Appointment of Justices and Judges

Senate Joint Resolution No. 2 proposes to amend the Nevada Constitution to provide for the initial appointment of Supreme Court Justices and District Court Judges, followed by a retention election by the voters in Nevada. An initial appointment is made by the Governor from candidates chosen by the Commission on Judicial Selection. This appointment expires on the first Monday of January following the general election that occurs at least 12 months after appointment. Upon declaration of candidacy for retention, a justice or judge must undergo a performance review by the newly created Commission on Judicial Performance. The Commission must issue a report to the public of its review and recommendation prior to the retention election. If 55 percent of the votes cast are in favor of retention, the justice or judge serves a six-year term and is subject to another retention election and performance review at the end of each six-year term. If he does not declare his candidacy or receives less than 55 percent of the votes cast, the vacancy is again filled through the appointment process. If approved in identical form during the 2009 Session of the Legislature, the proposal will be submitted to the voters for final approval or disapproval at the 2010 General Election.

S.J.R. 9 (File No. 69) Court of Appeals

(See also Assembly Bill 4 (Chapter 6) of the 23rd Special Session.)

Senate Joint Resolution No. 9 proposes an amendment to the Nevada Constitution to allow for an intermediate appellate court, known as the Court of Appeals, with jurisdiction in civil cases arising in district court and in criminal cases within the original jurisdiction of the district courts. If approved in identical form during the 2009 Session of the Legislature, the proposal will be submitted to the voters for final approval or disapproval at the 2010 General Election.

CRIMINAL JUSTICE

A.B. 77 (Chapter 67) Competency

Assembly Bill 77 makes certain clarifications to the provisions regarding a defendant’s competency to be tried or punished for a criminal offense. The bill:

• Revises the definition of incompetent to include a person who does not have the present ability to understand the nature and purpose of the court proceedings or to assist counsel with a reasonable degree of rational understanding;

• Clarifies that a defendant’s competency may be determined at any time after arrest;

• Requires that all proceedings related to the defendant be suspended until the defendant is determined to be competent;

• Requires the Administrator of the Division of Mental Health and Developmental Services to determine whether a defendant is competent based on the revised definition of incompetent and report its findings in writing; and

• Shortens the time for a court to enter its findings if no hearing is requested.

A.B. 92 (Chapter 225) Specimen for Genetic Marker Analysis

Assembly Bill 92 expands the list of crimes for which a convicted person must submit a biological specimen for genetic marker analysis from certain felonies to any felony. The measure also limits the sharing of specimens or genetic marker information except pursuant to court orders and investigations by law enforcement agencies.

A.B. 306 (Chapter 71) Technological crimes

Assembly Bill 306 provides for the seizure, forfeiture, and disposition of property and proceeds relating to any technological crime that is punishable as a felony in both civil and criminal proceedings and outlines the necessary procedures, including the deposit and distribution of any forfeiture proceeds. The measure increases from 9 to 13 the number of members of the Advisory Board for the Nevada Task Force for Technological Crime, changes the name to the Technological Crime Advisory Board, and makes various changes to the duties, voting and quorum requirements of the Board.

S.B. 31 (Chapter 101) Criminal History – Access by Aging Services Division

Senate Bill 31 provides that the Aging Services Division of the Department of Health and Human Services is entitled to receive a suspect’s record of criminal history as it relates to an investigation of a reported crime against an older person. The bill also requires that when the Division is investigating a report of abuse, neglect, exploitation, or isolation of an older person a law enforcement agency must provide information about the suspect, when possible, to include the suspect’s record of criminal history, whether the suspect resides with or near the older person, and a summary of certain incidents and arrests that have occurred within the past 90 days. This measure became effective on May 22, 2007.

Crime and Punishment (Generally)

A.B. 14 (Chapter 442) Graffiti

Assembly Bill 14 revises various provisions for crimes related to graffiti. The bill creates a new misdemeanor crime for unlawfully possessing graffiti implements with the intent to vandalize, deface, or place graffiti on public or private property. The measure imposes mandatory fines and community service for graffiti-related acts involving a place used for worship or burial, an educational facility, or a community center. Also, A.B. 14 adds transportation facilities and public transportation vehicles to the list of entities upon which placing graffiti is unlawful and for which the new mandatory penalties apply. The bill also revises provisions affecting other public or private property. Specifically, the bill:

• Provides that in cases where a person commits multiple graffiti offenses, the value of property loss must be aggregated if the damage is at least $5,000 thereby making the offenses punishable as a felony;

• Revises the number of community service hours that must be imposed for graffiti related acts and imposes mandatory fines;

• Adds as a condition of probation that the offender must serve at least ten days in jail for a felony conviction; and

• Provides for the mandatory suspension of a driver’s license of an adult or juvenile who is found guilty of placing graffiti.

Finally, A.B. 14 provides that a court may order a person to pay restitution and specifies to whom such restitution must be paid.

A.B. 58 (Chapter 35) First Degree Murder

Assembly Bill 58 provides that first degree murder also includes murder committed in the perpetration or attempted perpetration of abuse of an older person or vulnerable person.

A.B. 72 (Chapter 66) Luring a Child

Assembly Bill 72 provides that a person commits the crime of luring a child when a person knowingly contacts or communicates with, or attempts to contact or communicate with, a person believed to be a child less than 16 years of age and at least 5 years younger than the person is with the intent to persuade or lure that child to engage in sexual conduct.

A.B. 90 (Chapter 277) Paternity Fraud

Assembly Bill 90 provides that the gross misdemeanor crime of paternity fraud has been committed when either the alleged father or another person engages in conduct that is intended to prevent a determination that the alleged father is, in fact, the father of the child.

A.B. 106 (Chapter 33) Prisoners

Assembly Bill 106 provides that a prisoner confined in a Nevada Department of Corrections facility may not possess a portable telecommunications device, including a cellular telephone, a personal digital assistant, or similar equipment, without lawful authorization. A prisoner who commits this crime is guilty of a category D felony and his sentence is not subject to suspension or the granting of probation and must be served consecutively after other sentences. The measure provides that a person who knowingly furnishes or attempts to furnish a portable telecommunications device to a prisoner confined in a State correctional facility without lawful authorization is guilty of a category E felony. Finally, the bill provides that a person who carries a portable telecommunications device into a State correctional facility without lawful authorization is guilty of a misdemeanor. This bill became effective on May 10, 2007.

A.B. 137 (Chapter 272) Acts of Terrorism

Assembly Bill 137 relates to acts of terrorism. The bill makes it a crime to disperse, by any means of delivery, a hoax substance with the intent to:

• Cause injury, intimidation, alarm, or mental anguish;

• Cause fear of contamination or exposure to a biological or other toxic agent;

• Cause panic or civil unrest;

• Extort or otherwise profit; or

• Interfere with operations or cause economic damage.

A hoax that results in death or substantial bodily harm is a category B felony and the measure provides a specific penalty of a minimum term of 2 years and maximum term of 20 years imprisonment and a fine up to $5,000. A hoax that does not result in death or substantial bodily harm is a category D felony. The bill also increases the penalty for engaging in certain acts of terrorism from imprisonment for a minimum term of 1 year and a maximum term of 6 years to a minimum term of 2 years and a maximum term of 20 years.

A.B. 192 (Chapter 14) Staying Execution of Judgment of Death

Assembly Bill 192 codifies the authority granted to the Governor by the Nevada Constitution to stay the execution of a judgment of death. This bill became effective on April 25, 2007.

A.B. 307 (Chapter 72) Laser Devices - Interference with Operation of Aircraft

Assembly Bill 307 prohibits the willful use of a laser device or other similar light source with the intent to interfere with the operation of an aircraft. It is a misdemeanor if no injury or damage results from a violation of the measure and a category E felony if injury to any person on the aircraft, damage to the aircraft, or damage to equipment used to operate the aircraft results.

A.B. 352 (Chapter 315) Work Cards

Assembly Bill 352 prohibits a sheriff from issuing a work card to a person who works on the premises of dwelling units operated exclusively for persons 55 years of age and older and who has access to all units if that person has been convicted of:

• A category A, B or C felony or an equivalent crime in another state;

• A sexual offense;

• A crime against a person 60 years of age or older or a vulnerable person;

• Battery punishable as a gross misdemeanor; or

• Theft or violation of a state or federal controlled substance law within the last five years.

The sheriff must submit an applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for a determination of the applicant’s criminal history. Pending that determination, the sheriff may issue a temporary work card. If an applicant informs the sheriff that he believes the sheriff has denied a work card based on incorrect information, the sheriff must give the applicant at least 30 days to submit correct information.

A.B. 383 (Chapter 316) Trafficking In Persons

Assembly Bill 383 prohibits a person from knowingly transporting, procuring transportation for, or assisting in the transportation of another person into Nevada who does not have the legal right to enter or remain in the United States, for financial gain or with the intent to:

• Subject the other person to involuntary servitude;

• Violate a State or federal labor law; or

• Commit any other crime punishable by a year or more in the State prison.

The bill creates the crime of “trafficking in persons,” which is a category B felony. Violators may be charged as habitual felons with their personal property subject to forfeiture. The measure also addresses the unlawful hiring or employment of unauthorized aliens by those holding Nevada business licenses. It directs the Nevada Tax Commission to hold a hearing to determine whether to take action against a person who unlawfully hires or employs an unauthorized alien. If the Commission determines that the holder of a State business license willfully, flagrantly, or egregiously violated the applicable federal law and failed to verify the Social Security number of an employee, the Commission may impose an administrative fine. Finally, A.B. 383 requires the Director of the Department of Business and Industry to include a link on the Department’s Internet website that allows an employer to verify with the Social Security Administration the Social Security number of an employee.

A.B. 421 (Chapter 215) Organized Retail Theft Ring

Assembly Bill 421 provides that a person who participates in an organized retail theft ring is guilty of a category B felony with a minimum sentence of 1 year and a maximum sentence of 10 years in prison and a fine up to $10,000 if the aggregate value of loss within a period of 90 days is at least $2,500 but less than $10,000. If the aggregate value of loss within a 90-day period is $10,000 or more, the minimum sentence is 2 years and the maximum sentence is 15 years with a fine not more than $20,000.

A.B. 428 (Chapter 437) Identity Theft

Assembly Bill 428 extends authority for warrantless arrests to postal inspectors of the United States Postal Inspection Service for certain crimes related to postal matters. The measure provides that a person commits a category B felony if that person uses the personal identifying information of another to: (1) represent or impersonate that other person to obtain access to any personal identifying information of that other person without his prior express consent; or (2) obtain access to any nonpublic record of the actions taken, communications made or received by, or other activities or transactions of that other person without his prior express consent. Additionally, the penalty for identity theft is increased to a category B felony for violations involving the personal identifying information of five or more people and violations causing financial loss of $3,000 or more to the victim. The bill creates a rebuttable inference of the intent to use the personal identifying information of another person for unlawful purposes if a person possesses such information for five or more people.

A.B. 579 (Chapter 485) Sex Offenders

Assembly Bill 579 provides for changes in State law regarding sex offenders and certain offenders convicted of crimes against children in conformance with the federal Adam Walsh Child Protection and Safety Act of 2006. The bill requires community notification for sex offenders within three tier levels assigned to offenders based upon the crime committed. All sex offenders and offenders who committed a crime against a child are subject to community notification regardless of tier classification. Offenders must personally register before local law enforcement every 90 days if a Tier III offender, 180 days if a Tier II offender, or every year if a Tier I offender. Offenders must register for the first time before release from prison or within three days after sentencing if the offender is not imprisoned. The bill expands the types of identifying information provided by the community notification website and certain juveniles are made subject to offender registration and notification requirements. Finally, the bill provides a new criminal penalty for persons using information obtained from the website to commit a crime and repeals certain State laws inconsistent with the Adam Walsh Act. The Adam Walsh Act (Public Law 109-248, codified at 42 United States Code §§ 16901 et seq.) was signed into law on July 27, 2006. A state failing to substantially implement the act within three years of enactment may be subject to a 10 percent reduction in allocation of Edward Byrne Memorial Justice Administration Grant Program monies. This bill is effective on July 1, 2008.

S.B. 7 (Chapter 172) Liability for Use/Consumption of Alcohol/Controlled Substances by Underage Individual

Senate Bill 7 makes a person liable in a civil action for damages that result from the use and consumption of alcohol and controlled substances by an underage individual under certain circumstances. Liability results if he knowingly serves, sells, or furnishes alcohol or a controlled substance to an underage person, or allows consumption or use on his premises or in any conveyance over which he has control. The liability created by this bill does not apply to anyone licensed to service, sell, or furnish alcoholic beverages or to his employee or agent.

S.B. 10 (Chapter 196) Voyeurism

Senate Bill 10 prohibits someone from knowingly and intentionally capturing an image of the private area of another person without the consent of the other person and under circumstances that would otherwise provide a reasonable expectation of privacy. The bill prohibits anyone from distributing, transmitting, or publishing an image that he knows or has reason to know was made under such circumstances. A person who violates either of these provisions is guilty of a gross misdemeanor for the first offense and a category E felony for a second or subsequent offense. Senate Bill 10 also provides for the confidentiality of such images but allows them to be used for legitimate law enforcement and correctional activities. They also may be inspected or released as necessary to allow a person charged with a violation and his attorney to prepare a defense. Finally, these images may be inspected or released under certain circumstances if authorized by a court of competent jurisdiction.

S.B. 34 (Chapter 28) Order for Protection of Child

Senate Bill 34 provides that a person who intentionally violates an extended order for protection of a child remains subject to a category C felony penalty, but is no longer subject to an additional penalty for violating the order itself. The bill also provides that a justice court does not have jurisdiction to issue a protective order in domestic violence cases if a district court orders further proceedings before the district court. The bill became effective on July 1, 2007.

S.B. 298 (Chapter 462) Injuring or Killing Dog or Cat

Senate Bill 298 provides that a person who intentionally, willfully, recklessly, or negligently injures or kills someone’s dog or cat, unless the action was necessary to protect that person’s safety or the safety of another person, is liable for economic damages not to exceed $5,000. An action must be brought within two years after the cause of action. Punitive damages and noneconomic damages may not be awarded. Additionally, the provisions of this measure do not apply to nonprofit organizations, societies for the prevention of cruelty to animals, a governmental entity, or their employees and agents if the action was necessary to support public health or animal welfare. This measure became effective on October 1, 2007, and applies only to a cause of action that accrues on or after that date.

S.B. 329 (Chapter 419) Cat or Dog Unattended in Motor Vehicle

Senate Bill 329 prohibits a person from leaving a cat or dog unattended in a motor vehicle during extreme heat or cold or other conditions that may endanger the animal. A violation is punishable as a misdemeanor. Peace officers, animal control officers, public safety officers, and fire department personnel may use reasonable force to remove an endangered cat or dog from a motor vehicle and are entitled to immunity from liability. The bill exempts animals used by local, State, or federal law enforcement agencies; search and rescue organizations; and dogs within the control of an animal control officer or a first responder. Dogs being used for hunting during hunting season or engaged in training for hunting or field trials are also exempt.

Domestic Violence and Child Abuse

A.B. 112 (Chapter 276)

Assembly Bill 112 prohibits a court from admitting a person to bail sooner than 12 hours after being arrested for violating an order for protection against domestic violence if the person: (a) has previously violated such an order; or (b) has a certain concentration of alcohol in his blood or breath or a certain amount of a prohibited substance in his blood or urine at the time of, or within two hours after, the violation. The measure also applies to a person arrested for violating an order for protection against stalking, aggravated stalking, or harassment.

A.B. 194 (Chapter 318)

Assembly Bill 194 prohibits an adverse party named in an extended order for protection against domestic violence from having possession, custody, or control of a firearm while the order is in effect. Violators are guilty of a gross misdemeanor. The measure requires a court to consider certain facts in issuing an order to surrender a firearm. Among the facts is the adverse party’s history of domestic violence and his previous use or threat of use of a firearm to injure or harass someone or to commit a crime. The bill sets out the process for the adverse party to surrender any firearms and also provides a limited exception if the adverse party is required by his employer to carry a firearm. The measure provides that an applicant may receive lost earnings or expenses related to the application for a protective order; it provides support of a minor child in protective custody or the custody of a guardian; and it adds a custodian or legal guardian of a child to the list of potential victims of domestic violence. The bill also revises the procedure to test alleged sexual assault offenders for certain sexually transmitted diseases.

A.B. 261 (Chapter 70)

Assembly Bill 261 authorizes the release of certain information for purposes of assisting in locating a missing child who is the subject of an investigation of abuse or neglect. The information may be released by certain child welfare agencies to any federal, State, or local agency that needs the information to carry out its responsibilities to protect children from abuse or neglect. This information, which includes the name and age of the child, the physical description of the child, and the child’s photograph, may be disclosed to any member of the general public upon request. Additionally, the bill requires an agency that provides child welfare services to release to any member of the general public upon request certain data and information concerning reports and investigations relating to a case of abuse or neglect that results in a fatality or near fatality of a child. The bill also requires an agency that has in its custody a child who suffers a fatality or near fatality to notify the Legislative Auditor of any information the agency has concerning the child and the child’s case. The Legislative Auditor is required to review that information to determine whether the case was handled appropriately, and whether any measures, procedures, or protocols could have assisted in preventing the fatality or near fatality. This bill became effective on July 1, 2007.

A.B. 282 (Chapter 40)

Assembly Bill 282 expands the unlawful acts that constitute domestic violence to include injuring or killing an animal. The bill also authorizes a court to enjoin the adverse party under a temporary order for protection against domestic violence from physically injuring or threatening to injure an animal owned or kept by the applicant, a minor child, or the adverse party. The court may also enjoin the adverse party from taking possession of an animal owned or kept by the applicant or minor child. Finally, A.B. 282 authorizes a court to specify arrangements for the possession and care of any animal owned or kept by the adverse party, the applicant, or a minor child under an extended order for protection against domestic violence.

A.B. 381 (Chapter 36)

Assembly Bill 381 revises the membership of the Committee on Domestic Violence by adding a position for a justice of the peace or municipal judge and removing the position for a person who has successfully completed a program for the treatment of persons who commit domestic violence. This measure became effective on July 1, 2007.

A.B. 507 (Chapter 303)

Assembly Bill 507 requires facilities that have physical custody of children pursuant to a court order to ensure that their employees that come into direct contact with children receive additional training. The bill also requires that the Division of Child and Family Services (DCFS) of the Department of Health and Human Services conduct an annual physical inspection of each facility outside of this State that has physical custody of a child from this State. The Division must also conduct a physical inspection of any facility to which a child from this State may be transferred before or at the time of the transfer. Assembly Bill 507 requires that “child care institutions” be licensed by the Bureau of Services for Child Care, DCFS, regardless of whether there is a county or city licensing agency. In addition, A.B. 507 expands the requirements associated with the annual inspection of facilities that have custody of children pursuant to the order of a court. This bill requires that the reports of such inspections be made public. This bill became effective on June 2, 2007, for the purpose of adopting regulations, and on October 1, 2007, for all other purposes.

S.B. 294 (Chapter 64)

Senate Bill 294 provides that a child who commits a battery that constitutes domestic violence may be released from custody sooner than 12 hours under certain circumstances. Specifically, the peace officer or probation officer who took the child into custody must determine that the child does not otherwise meet the criteria for secure detention and other appropriate arrangements can be made. This measure became effective on May 17, 2007.

S.B. 356 (Chapter 290)

Senate Bill 356 requires the Division of Child and Family Services, Department of Health and Human Services, to adopt regulations establishing reasonable and uniform standards for determining whether an immediate action is necessary to protect a child from injury, abuse, or neglect and whether the child is in imminent risk of serious harm. The regulations must consider, without limitation: (1) circumstances in which a threat of harm suggests that a child is in imminent danger of serious harm; and (2) the conditions or behaviors of the child’s family that threaten the safety of the child who is unable to protect himself and who is dependent on others for protection. The measure also requires that the Legislative Commission appoint a subcommittee to study the foster care system in the State and to decide whether the standard for determining when to remove a child from the home needs to be changed. Provisions requiring the study of the foster care system in Nevada became effective on July 1, 2007. The remainder of the measure became effective on October 1, 2007.

Juvenile Crime and Delinquency

S.B. 32 (Chapter 53)

Senate Bill 32 authorizes the juvenile court to order any person under its supervision and between 18 and 21 years of age to be placed in a county jail if that individual was released on parole but subsequently violated his parole. This measure became effective on July 1, 2007.

S.B. 294 (Chapter 64)

Pardons, Parole and Probation

A.B. 38 (Chapter 32)

Assembly Bill 38 provides that a person who violates a condition of his parole forfeits only the credits he earned for good behavior. Under this bill, a person whose parole is revoked would not forfeit any credits he had earned for completing a drug treatment program, educational program, for work performed while incarcerated, or for making restitution. This bill became effective on May 10, 2007.

A.B. 510 (Chapter 525)

Assembly Bill 510 increases the credits earned by certain offenders to reduce their sentences through good behavior, educational attainment, or successful completion of an alcohol or drug treatment program. The bill similarly increases the deduction from a parolee’s sentence if he is current with restitution or any fee to defray the cost of his supervision. It also allows for the retroactive application of credits and makes probationers eligible for good behavior credits. The measure prohibits assigning certain convicted sex offenders or offenders convicted of violent felonies to minimum security facilities, and revises various requirements for residential confinement. Additionally, an offender convicted of a violent felony within the preceding year is not eligible to participate in certain programs of community reentry. Parolees or probationers who violate conditions of their parole or probation may be placed in community or minimum security correctional facilities for no more than six months. In considering parole, the State Board of Parole Commissioners must not consider whether an inmate has appealed his sentence and must provide its reasons for denying mandatory release in writing to the inmate. The Advisory Commission on the Administration of Justice is charged with examining how the Open Meeting Law is applied to parole hearings and methods used by the Department of Corrections to calculate and award credits earned by inmates. Finally, the bill changes the enhancement penalty for various felony crimes to a minimum of one year and a maximum of 20 years imprisonment, and requires consideration by the court of specific findings. The additional term must not exceed the underlying sentence for the crime. This bill became effective on July 1, 2007.

S.B. 471 (Chapter 528)

Senate Bill 471 revises various provisions concerning sex offenders and offenders of crimes against children. It requires an incarcerated sex offender or an offender convicted of a crime against a child to register, before being released from prison, with the law enforcement agency of the jurisdiction in which he will reside upon release. If he has not already done so, the offender must also provide a biological specimen at the time of registration. The measure requires electronic monitoring of certain offenders as deemed appropriate by the Division of Parole and Probation of the Department of Public Safety, the cost of which must be paid by the offender to the extent he is able to pay. The bill also changes certain provisions concerning Tier 3 sex offenders. It increases the number of years that a person convicted of sexual assault against a child not resulting in substantial bodily harm must serve before becoming eligible for parole. It also prohibits certain Tier 3 offenders from living within 1,000 feet of locations frequented by children. Some offenders are further restricted from knowingly being within 500 feet of locations frequented by children. Senate Bill 471 makes a violation of certain provisions of this bill by a Tier 3 offender under lifetime supervision punishable as a category B felony with notice given to the Central Repository for Nevada Records of Criminal History of any arrest warrant for a violation. The bill prohibits the State Board of Parole Commissioners from denying parole without the prisoner being given notice of the meeting and an opportunity to be present. The Board must also allow a prisoner or his representative to speak on the prisoner’s behalf. Final decisions concerning parole must be given within 10 working days after the hearing including, if parole is denied, specific recommendations to improve the possibility of being granted parole, if any. This bill became effective on June 14, 2007, for the purpose of adopting rules and regulations by the State Board of Parole Commissioners. The portions of the bill concerning sex offender registration amending Assembly Bill 579 became effective on October 1, 2007. All other sections of the measure became effective on October 1, 2007. Sections of the bill requiring an incarcerated sex offender to register with an appropriate law enforcement agency before being released, and requiring an offender to provide a biological specimen at the time of registration, expire on June 30, 2008.

Substance Abuse

A.B. 148 (Chapter 518)

Assembly Bill 148 relates to controlled substances. The measure establishes restrictions on the sale and purchase of products that contain materials that can be used to manufacture methamphetamine. The bill requires that entities that sell these precursors to methamphetamine:

• Place them in an area to which the public does not have direct access;

• Limit to no more than 3.6 grams the quantity of these products that can be sold or transferred to the same person during any calendar day; and

• Maintain a logbook containing certain information about sales of these products.

The bill also prohibits a person from acquiring more than 3.6 grams of these products during any calendar day or more than 9 grams during any 30-day period. A seller who violates laws regarding the storage and sale of these products may be subject to a civil penalty. Additionally, a person who intentionally purchases or otherwise acquires more than the allowable amount of these products may be subject to criminal penalties. Assembly Bill 148 prohibits any person, other than a pharmacy, from selling or transferring a product that is a precursor to methamphetamine. The bill requires any pharmacy that becomes aware of any unusual or excessive loss or disappearance of a product that is a precursor to methamphetamine to report the loss or disappearance to the Department of Public Safety. This bill became effective on August 1, 2007.

Traffic Laws

A.B. 57 (Chapter 118)

Assembly Bill 57 prohibits a driver of a motor vehicle from stopping, standing, or parking a vehicle on or within 20 feet of a crosswalk, regardless of the location of the crosswalk.

A.B. 66 (Chapter 6)

Assembly Bill 66 requires a driver of a vehicle to stop for a school bus displaying a flashing red light signal that has stopped at any location to pick up or drop off a pupil. This bill became effective on July 1, 2007.

A.B. 71 (Chapter 37)

Assembly Bill 71 clarifies that a driver of a motor vehicle involved in a traffic accident resulting only in property damage is required to immediately stop his vehicle at the scene of the accident. The driver must move his vehicle or cause the vehicle to be moved as soon as reasonably practicable if the vehicle is obstructing traffic and can be moved safely.

S.B. 43 (Chapter 432)

Senate Bill 43 increases the penalty for driving a vehicle in willful or wanton disregard of the safety of persons or property. The measure also provides that a person convicted of driving or organizing an unauthorized speed contest is subject to the following mandatory minimum penalties:

• For a first offense: a fine of not less than $250 or more than $1,000, community service of 50 to 99 hours, and jail time of up to six months;

• For a second offense: a fine of not less than $1,000 or more than $1,500, community service of 100 to 199 hours, and jail time of up to six months; and

• For a third or subsequent offense: a fine of not less than $1,500 or more than $2,000, community service of 200 hours, and jail time of up to six months.

In addition, the driver’s license of a person convicted of driving or organizing an unauthorized speed contest must have his driver’s license suspended for at least six months, but not more than two years. The conviction for a first offense may also be punished by impoundment of any vehicle used in the commission of the offense and registered to the offender for up to 15 days. A conviction for a second or subsequent offense is also punishable with a mandatory 30-day vehicle impoundment.

S.B. 206 (Chapter 208)

Senate Bill 206 relates to traffic signals. The bill forbids local authorities from enacting an ordinance that prohibits a vehicle from crossing an intersection when the red light is lit if the vehicle had completely entered the intersection before the red light illuminated. The bill also voids any existing local ordinance that prohibits such a crossing.

S.B. 394 (Chapter 481)

Senate Bill 394 increases the penalties for certain traffic violations. The maximum term of imprisonment for refusing to stop a vehicle or eluding a peace officer, when that action results in death or bodily harm to another person, is increased from 15 years to 20 years and the maximum fine from $10,000 to $50,000. If the driver refuses to stop or attempts to elude a peace officer while driving under the influence of drugs or alcohol, that offense is a category D felony. The bill also establishes penalties for aggressive driving and provides that a person convicted of two or more moving traffic violations in unrelated incidents within a 12-month period must appear personally in court.

Victims of Crime

A.B. 482 (Chapter 46)

Assembly Bill 482 prohibits any investigator from requiring a victim of a sexual offense to take a polygraphic examination to verify the victim’s allegations. The measure also requires a court to notify a defendant convicted of a misdemeanor or felony domestic violence offense that possession, shipment, transportation, or receipt of a firearm or ammunition may constitute a felony pursuant to state or federal law.

S.B. 57 (Chapter 54)

Senate Bill 57 provides that the parent or guardian of a juvenile victim of certain sexually related offenses must consent in writing before the name of the victim can be provided to a school. This bill became effective on July 1, 2007.

Scott Wasserman serves as the Chief Executive Officer for the Board of Regents of the Nevada System of Higher Education. Previously Mr. Wasserman served as a Deputy Attorney General in the Civil Division of the Office of the Attorney General and served the Nevada State Legislature as Chief Deputy Legislative Counsel.