Link to Page 960

 

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ê2003 Statutes of Nevada, Page 961ê

 

CHAPTER 188, AB 153

Assembly Bill No. 153–Committee on Government Affairs

 

CHAPTER 188

 

AN ACT relating to the administration of public agencies; increasing the maximum amount that may be maintained in a petty cash account of a state agency; allowing the State Board of Examiners to authorize its clerk to determine whether an emergency exists and approve an expenditure from the Emergency Account in the State General Fund; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 353.252 is hereby amended to read as follows:

      353.252  1.  The State Board of Examiners may authorize its clerk, under such circumstances as it deems appropriate, to authorize a state agency to establish a petty cash account of not more than [$250] $500 out of the agency’s budgeted resources.

      2.  If a petty cash account is authorized for any state agency pursuant to this section, the clerk shall:

      (a) Define the purposes for which the petty cash account may be used; and

      (b) Provide that replenishment claims must be paid from the agency’s budgeted resources and processed as other claims against the State are paid.

      Sec. 2.  NRS 353.263 is hereby amended to read as follows:

      353.263  1.  As used in this section, “emergency” means invasion, disaster, insurrection, riot, breach of the peace, substantial threat to life or property, epidemic or the imminent danger thereof. The term includes damage to or the disintegration of a building owned by this state or of the mechanical or electrical system of such a building when immediate repairs are necessary to maintain the integrity of the structure or its mechanical or electrical system.

      2.  The Emergency Account is hereby created in the State General Fund. Money for the Account must be provided by direct legislative appropriation.

      3.  When the State Board of Examiners finds that an emergency exists which requires an expenditure for which no appropriation has been made, or in excess of an appropriation made, the Board may authorize an expenditure from the Emergency Account to meet the emergency.

      4.  The State Board of Examiners may, under such circumstances as it deems appropriate, authorize its clerk to determine whether an emergency exists and approve, on behalf of the Board, an expenditure from the Emergency Account.

      5.  The Chief shall enumerate expenditures from the Account made in the preceding biennium in each executive budget report.

      Sec. 3.  This act becomes effective on July 1, 2003.

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ê2003 Statutes of Nevada, Page 962ê

 

CHAPTER 189, AB 205

Assembly Bill No. 205–Committee on Taxation

 

CHAPTER 189

 

AN ACT relating to taxation; increasing the tax on the rental of transient lodging within the City of Sparks to pay for certain projects and capital improvements that are intended to attract and expand tourism; revising the distribution of the tax on the rental of transient lodging in certain areas of Washoe County that was imposed to pay for certain projects; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

      Whereas, The Legislature hereby finds and declares that a general law cannot be made applicable for all provisions of this act because of the economic and geographical diversity of the local governments of this state, the unique growth patterns in those local governments and the special conditions experienced in the City of Sparks and Washoe County related to the disparate tax structures and the need to revitalize specific areas to promote tourism; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 432, Statutes of Nevada 1999, at page 2011, is hereby amended by adding thereto new sections to be designated as sections 6.6 to 6.9, inclusive, immediately preceding section 7, to read as follows:

      Sec. 6.6.  1.  A tax at the rate of 2 1/2 percent of the gross receipts from the rental of transient lodging is hereby imposed in the City of Sparks.

      2.  The tax imposed pursuant to this section must:

      (a) Be in addition to all other taxes imposed on the revenue from the rental of transient lodging in the City of Sparks and Washoe County;

      (b) Be collected and enforced in the same manner as provided for the collection of the tax imposed by NRS 244.3352, subject to the limitations set forth in NRS 244.3356, except that the proceeds of the tax may be used to defray the costs of enforcing any applicable tax liens incurred by the Reno/Sparks Convention and Visitors Authority; and

      (c) Be paid to the Reno/Sparks Convention and Visitors Authority, which shall distribute the proceeds from the tax to the City Council of the City of Sparks.

      3.  All decisions, and any deliberations leading to those decisions, that are made by any body, including, without limitation, the Reno/Sparks Convention and Visitors Authority, the City Council of the City of Sparks and the Sparks Tourism Facility and Revitalization Steering Committee, concerning the expenditure, commitment or other use of money derived from the proceeds of the tax imposed pursuant to this section must be made at a public meeting that complies with the provisions of chapter 241 of NRS, whether or not the body is determined to be a public body to which that chapter is applicable.


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ê2003 Statutes of Nevada, Page 963 (Chapter 189, AB 205)ê

 

whether or not the body is determined to be a public body to which that chapter is applicable.

      4.  The tax imposed pursuant to this section expires by limitation on the date on which the principal of, and the interest on, any general or special obligations described in paragraph (e) of subsection 1 of section 6.7 of this act are fully paid. The proceeds from the tax must not be committed for expenditure after that date. The City Council of the City of Sparks shall, at least 30 days before such obligations are fully paid, adopt an ordinance that sets forth the date on which such obligations will be fully paid. Upon the adoption of such an ordinance, the Reno/Sparks Convention and Visitors Authority shall give written notice of the date on which the tax will expire to each person providing transient lodging who is liable for the payment of the tax.

      5.  As used in this section, “gross receipts from the rental of transient lodging” does not include the tax imposed or collected from paying guests pursuant to this section.

      Sec. 6.7.  1.  The City Council of the City of Sparks may expend the proceeds of the tax imposed pursuant to section 6.6 of this act, and any applicable penalty or interest. The proceeds of the tax and any applicable penalty or interest:

      (a) Must be used to develop, acquire, establish, improve and construct projects and capital improvements that are intended to attract and expand tourism and are, at the time the proceeds from the tax are expended, located in or to be located in:

             (1) That portion of the Sparks Town Center Project which is identified as Victorian Square; or

             (2) Any other portion of the Sparks Town Center Project, if the project or capital improvement provides a direct benefit to a project or capital improvement located within Victorian Square, as determined by the City Council of the City of Sparks after obtaining the advice and recommendations of the Committee.

      (b) May be used to acquire, lease, rent and develop land, interests in land, including, without limitation, easements, reversionary estates, licenses and dedications, and improvements to land, that will be used for projects and capital improvements described in paragraph (a).

      (c) May be used to demolish any improvements, rehabilitate existing capital improvements or construct new capital improvements described in paragraph (a).

      (d) May be used to maintain and repair capital improvements acquired or constructed pursuant to paragraphs (b) and (c).

      (e) May be irrevocably pledged, by an ordinance adopted by the City Council of the City of Sparks, for the payment of general and special obligations issued for the purposes set forth in this subsection and may be treated as pledged revenues for the purposes of subsection 3 of NRS 350.020.

      (f) May be used for advertising, promotion, operating costs or expenses not related to maintenance for land, improvements, events or general governmental operations associated with the projects and capital improvements described in paragraph (a).


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ê2003 Statutes of Nevada, Page 964 (Chapter 189, AB 205)ê

 

      (g) Must not be used to pay administrative costs associated with projects and capital improvements described in paragraph (a), except those administrative costs related to developing, constructing and financing such projects and capital improvements and costs related to the issuance of any general or special obligations.

      2.  The City Council of the City of Sparks shall, before expending any proceeds of the tax pursuant to this section, obtain the advice and recommendations of the Committee concerning the expenditure of those proceeds.

      3.  For the purposes of this section, a project or capital improvement shall be deemed to be intended to attract and expand tourism if it is used for retail, entertainment, recreational, scientific, cultural, historic or artistic purposes, as determined by the City Council of the City of Sparks after obtaining the advice and recommendations of the Committee.

      4.  As used in this section:

      (a) “Capital improvement” includes:

             (1) Buildings, parking lots, parking structures, landscape facilities, privately owned facilities or devices to enhance the protection of persons or property, and capital equipment for any of the foregoing;

             (2) Off-street parking projects, park projects, security walls, service facilities, sidewalk projects, street beautification projects, telephone projects and transportation projects, as defined, respectively, in NRS 271.150, 271.160, 271.203, 271.204, 271.205, 271.223, 271.232 and 271.237;

             (3) Recreational facilities, amusement facilities and public display facilities; and

             (4) Infrastructure designed to serve capital improvements that are intended to attract and expand tourism, including, without limitation, curb and gutter projects, drainage projects, electrical projects, sanitary sewer projects, storm sewer projects, street projects and water projects, as defined, respectively, in NRS 271.090, 271.095, 271.097, 271.200, 271.215, 271.225 and 271.250, and projects to install or move gas transmission facilities.

      (b) “Committee” means the Sparks Tourism Facility and Revitalization Steering Committee created pursuant to section 6.8 of this act.

      (c) “Sparks Town Center Project” means the Sparks Town Center Project No. 1 described in the Sparks Town Center 2000 Amended Redevelopment Plan adopted by the City Council of the City of Sparks in Ordinance No. 2071 on May 8, 2000.

      Sec. 6.8.  1.  The Sparks Tourism Facility and Revitalization Steering Committee, consisting of five members, is hereby created. The membership of the Committee consists of:

      (a) Two persons appointed by the Board of Directors of the Reno/Sparks Convention and Visitors Authority, one of whom must be a member of the Nevada Resort Association who represents properties outside the City of Sparks, and one of whom must represent the interests of Reno, Sparks, Washoe County, the motel industry or general business.


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ê2003 Statutes of Nevada, Page 965 (Chapter 189, AB 205)ê

 

      (b) Two members of the City Council of the City of Sparks, including the Mayor of the City of Sparks, appointed by that City Council.

      (c) One person appointed by the Nevada Resort Association who is a member of the Association and who represents properties inside the City of Sparks.

      2.  The Committee shall elect a Chairman from among its members.

      3.  A vacancy on the Committee must be filled in the same manner as the original appointment.

      4.  The Committee shall meet at least quarterly or by a call of the Chairman or majority of the members of the Committee.

      5.  Members of the Committee serve without compensation.

      Sec. 6.9.  1.  The Sparks Tourism Facility and Revitalization Steering Committee shall develop a master plan that identifies:

      (a) Proposed projects or capital improvements that the Committee determines to be advisable to promote tourism in Washoe County; and

      (b) The method or methods pursuant to which the proposed projects and capital improvements identified in paragraph (a) will be financed.

      2.  Projects and capital improvements identified pursuant to this section must be:

      (a) Approved by a two-thirds vote of the members of the Committee; and

      (b) Located in that portion of the Sparks Town Center Project which is identified as Victorian Square or any other portion of the Sparks Town Center Project if the project or capital improvement provides a direct benefit to a project or capital improvement located within Victorian Square, as determined by the Committee.

      3.  As used in this section:

      (a) “Capital improvement” has the meaning ascribed to it in paragraph (a) of subsection 4 of section 6.7 of this act.

      (b) “Sparks Town Center Project” has the meaning ascribed to it in paragraph (c) of subsection 4 of section 6.7 of this act.

      Sec. 2.  Section 2 of chapter 432, Statutes of Nevada 1999, as amended by chapter 334, Statutes of Nevada 2001, at page 1575, is hereby amended to read as follows:

      Sec. 2.  The proceeds of the taxes imposed pursuant to section 1 of this act and any applicable penalty or interest must be distributed as follows:

      1.  An amount equal to:

      (a) Two-thirds of the proceeds of the tax imposed pursuant to paragraph (a) of subsection 1 of section 1 of this act collected in:

             (1) The unincorporated area of Washoe County; and

             (2) Each incorporated city in Washoe County, except in a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects; and

      (b) All of the proceeds of the tax imposed pursuant to paragraph (b) of subsection 1 of section 1 of this act collected in a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects,


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ê2003 Statutes of Nevada, Page 966 (Chapter 189, AB 205)ê

 

tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects,

must be used by the Reno/Sparks Convention and Visitors Authority to reconstruct, expand, improve, equip, operate and maintain the Reno/Sparks Convention Center, including, but not limited to, parking and facilities ancillary to the Reno/Sparks Convention Center and the acquisition of real property and other appurtenances therefor. The Reno/Sparks Convention and Visitors Authority may irrevocably pledge and use any money received from the proceeds of the taxes pursuant to this subsection, together with the proceeds of other tax revenues and facilities revenues received by the Reno/Sparks Convention and Visitors Authority legally available therefor, for the payment of general and special obligations issued for the purpose of reconstructing, expanding, improving and equipping the Reno/Sparks Convention Center, including, but not limited to, parking and facilities ancillary to the Reno/Sparks Convention Center and the acquisition of real property and other appurtenances therefor.

      2.  From the remaining one-third of the proceeds of the tax imposed pursuant to paragraph (a) of subsection 1 of section 1 of this act collected in the area described in subparagraphs (1) and (2) of paragraph (a) of subsection 1, the sum of $1,500,000 and, beginning June 1, 2000, and each year thereafter, an additional amount equal to $1,500,000 multiplied by the percentage by which the proceeds of the taxes imposed pursuant to paragraphs (a) and (b) of subsection 1 of section 1 of this act increased during the immediately preceding 12-month period, if any, must be used as follows:

      (a) Two-thirds for the marketing and promotion of tourism as approved by the Reno/Sparks Convention and Visitors Authority; and

      (b) One-third for the support of the National Bowling Stadium,

until such time as the Truckee Meadows Tourism Facility and Revitalization Steering Committee identifies particular capital improvement projects pursuant to section 6 of this act. After the Truckee Meadows Tourism Facility and Revitalization Steering Committee identifies particular capital improvement projects pursuant to section 6 of this act, the money described in this subsection and all of the proceeds of the tax imposed pursuant to paragraph (c) of subsection 1 of section 1 of this act must, notwithstanding the provisions of NRS 279.619, be used to acquire, establish, construct, expand, equip, improve, operate and maintain such projects, and to pay the principal and interest on notes, bonds or other obligations issued by the Reno Redevelopment Agency to fund the acquisition, establishment, construction or expansion of the projects so identified.

      3.  From the remaining one-third of the proceeds of the tax imposed pursuant to paragraph (a) of subsection 1 of section 1 of this act collected in the area described in subparagraphs (1) and (2) of paragraph (a) of subsection 1, if any, after the amount described in subsection 2 is set aside for use pursuant to that subsection, the amounts set forth in this subsection must be paid to the City Council of the City of Sparks on the dates set forth in this subsection to be used by the City Council and the Sparks Tourism and Marketing Committee for the marketing and promotion of tourism in the City of Sparks and for the operation and maintenance of capital improvements within redevelopment areas in the City of Sparks:


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ê2003 Statutes of Nevada, Page 967 (Chapter 189, AB 205)ê

 

Sparks and for the operation and maintenance of capital improvements within redevelopment areas in the City of Sparks:

      (a) On July 1, 2000, an amount not to exceed $100,000.

      (b) On July 1, 2001, an amount not to exceed $100,000.

      (c) On July 1, 2002, and on July 1 of each year thereafter, an amount not to exceed $200,000.

      [(d) On July 1, 2003, an amount not to exceed $200,000.

      (e) On July 1, 2004, an amount not to exceed $250,000.

      (f) On July 1, 2005, an amount not to exceed $250,000.

      (g) On July 1, 2006, an amount not to exceed $350,000.

      (h) On July 1, 2007, and each year thereafter, an amount equal to the sum of $350,000 plus an additional amount equal to $350,000 multiplied by the percentage by which the proceeds of the taxes imposed pursuant to paragraphs (a) and (b) of subsection 1 of section 1 of this act increased during the immediately preceding 12-month period, if any.]

      4.  The remainder of the one-third of the proceeds of the tax imposed pursuant to paragraph (a) of subsection 1 of section 1 of this act collected in the area described in subparagraphs (1) and (2) of paragraph (a) of subsection 1, if any, after the amounts described in subsections 2 and 3 are set aside for use pursuant to those subsections, must be distributed in the following manner:

      (a) Two-thirds to the Reno/Sparks Convention and Visitors Authority to reconstruct, expand, improve, equip, operate and maintain the Reno/Sparks Convention Center, including, but not limited to, parking and facilities ancillary to the Reno/Sparks Convention Center and the acquisition of real property and other appurtenances therefor and the payment of general and special obligations issued for those purposes.

      (b) One-third to be used as set forth in subsection 2.

      Sec. 3.  This act becomes effective upon passage and approval.

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ê2003 Statutes of Nevada, Page 968ê

 

CHAPTER 190, AB 361

Assembly Bill No. 361–Committee on Taxation

 

CHAPTER 190

 

AN ACT relating to local governmental finances; requiring local governments that acquire certain public utilities or expand certain facilities for utility service to make certain payments or provide certain compensation in lieu of taxes and franchise fees; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 360 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Affected local government” means any local government that will receive less money from state or local taxes or franchise fees or from payments in lieu of those taxes or franchise fees, or less compensation from another local government pursuant to section 8 of this act, as a direct result of the acquisition of any public utility or expansion of any facilities by a local government as provided in section 8 of this act.

      Sec. 4.  “Local government” means any city, county, district or other political subdivision of this state.

      Sec. 5.  “Public utility” means any privately, publicly or cooperatively owned system for providing a utility service to the public or a segment of the public.

      Sec. 6.  “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 1, 2003.

      Sec. 7.  1.  Except as otherwise provided in this section, if on or after July 1, 2003, a local government acquires from another entity a public utility that provides electric service, natural gas service, telecommunications service or community antenna television service:

      (a) The local government shall make payments in lieu of and equal to all state and local taxes and franchise fees from which the local government is exempt but for which the public utility would be liable if the public utility was not owned by a governmental entity; and

      (b) The Nevada Tax Commission shall, solely for the purpose set forth in this paragraph, annually determine and apportion the assessed valuation of the property of the public utility. For the purpose of calculating any allocation or apportionment of money for distribution among local governments pursuant to a formula required by state law which is based partially or entirely on the assessed valuation of taxable property:

             (1) The property of the public utility shall be deemed to constitute taxable property to the same extent as if the public utility was not owned by a governmental entity; and


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ê2003 Statutes of Nevada, Page 969 (Chapter 190, AB 361)ê

 

             (2) To the extent that the property of the public utility is deemed to constitute taxable property pursuant to this paragraph:

                   (I) The assessed valuation of that property must be included in that calculation as determined and apportioned by the Nevada Tax Commission pursuant to this paragraph; and

                   (II) The payments required by paragraph (a) in lieu of any taxes that would otherwise be required on the basis of the assessed valuation of that property shall be deemed to constitute payments of those taxes.

      2.  The payments in lieu of taxes and franchise fees required by subsection 1 are due at the same time and must be collected, accounted for and distributed in the same manner as those taxes and franchise fees would be due, collected, accounted for and distributed if the public utility was not owned by a governmental entity, except that no lien attaches upon any property or money of the local government by virtue of any failure to make all or any part of those payments. The local government may contest the validity and amount of any payment in lieu of a tax or franchise fee to the same extent as if that payment was a payment of the tax or franchise fee itself. The payments in lieu of taxes and franchise fees must be reduced if and to the extent that such a contest is successful.

      3.  The provisions of this section do not:

      (a) Apply to the acquisition by a local government of a public utility owned by another governmental entity, except a public utility owned by another local government for which any payments in lieu of state or local taxes or franchise fees were required before its acquisition as provided in this section.

      (b) Require a local government to make any payments in lieu of taxes or franchise fees to the extent that the making of those payments would cause a deficiency in the money available to the local government to make required payments of principal of, premium, if any, or interest on any bonds or other securities issued to finance the acquisition of that public utility or to make required payments to any funds established under the proceedings under which those bonds or other securities were issued.

      (c) Require a county to duplicate any payments in lieu of taxes required pursuant to NRS 244A.755.

      Sec. 8.  1.  Except as otherwise provided in this section, if on or after July 1, 2003, a local government:

      (a) Acquires from another entity a public utility that provides water service or sewer service; or

      (b) Expands facilities for the provision of water service, sewer service, electric service, natural gas service, telecommunications service or community antenna television service, and the expansion results in the local government serving additional retail customers who were, before the expansion, retail customers of a public utility which provided that service,

the local government shall enter into an interlocal agreement with each affected local government to compensate the affected local government each fiscal year, as nearly as practicable, for the amount of any money from state and local taxes and franchise fees and from payments in lieu of those taxes and franchise fees, and for any compensation from a local government pursuant to this section, the affected local government would be entitled to receive but will not receive because of the acquisition of that public utility or expansion of those facilities as provided in this section.


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ê2003 Statutes of Nevada, Page 970 (Chapter 190, AB 361)ê

 

be entitled to receive but will not receive because of the acquisition of that public utility or expansion of those facilities as provided in this section.

      2.  An affected local government may waive any or all of the compensation to which it may be entitled pursuant to subsection 1.

      3.  The provisions of this section do not require a:

      (a) Local government to provide any compensation to an affected local government to the extent that the provision of that compensation would cause a deficiency in the money available to the local government to make required payments of principal of, premium, if any, or interest on any bonds or other securities issued to finance the acquisition of that public utility or expansion of those facilities, or to make required payments to any funds established under the proceedings under which those bonds or other securities were issued.

      (b) County to duplicate any compensation an affected local government receives from any payments in lieu of taxes required pursuant to NRS 244A.755.

      Sec. 9.  1.  If a local government and an affected local government cannot reach agreement pursuant to section 8 of this act, either party may submit to the Executive Director its proposal for the terms of an interlocal agreement, together with any information it deems appropriate relating to such an agreement. Within 30 days after the receipt of that proposal, the Executive Director shall:

      (a) Provide to the other party:

             (1) A copy of the proposal and any information received with the proposal; and

             (2) An opportunity to submit its proposal for the terms of an interlocal agreement and any information that party deems appropriate relating to such an agreement;

      (b) Review each proposal and any other information submitted by the parties; and

      (c) Submit to the Committee on Local Government Finance his findings regarding the terms of a fair and equitable interlocal agreement.

      2.  Within 30 days after the receipt of the findings of the Executive Director pursuant to subsection 1, the Committee on Local Government Finance shall:

      (a) Review those findings; and

      (b) Submit to the Nevada Tax Commission its recommendations for the terms of a fair and equitable interlocal agreement.

      3.  The Nevada Tax Commission shall schedule a public hearing within 30 days after the Committee on Local Government Finance submits its recommendations pursuant to subsection 2. The Nevada Tax Commission shall provide public notice of the hearing at least 10 days before the date on which the hearing will be held. The Executive Director shall provide copies of all documents relevant to the recommendations of the Committee on Local Government Finance to each of the parties. After the hearing, the Nevada Tax Commission shall notify the parties of its determination of the terms of a fair and equitable interlocal agreement.

      4.  Within 30 days after the parties receive notification of the determination of the Nevada Tax Commission pursuant to subsection 3, the parties shall enter into an interlocal agreement in accordance with that determination.


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ê2003 Statutes of Nevada, Page 971 (Chapter 190, AB 361)ê

 

      Sec. 10.  The Nevada Tax Commission shall adopt such regulations as it deems appropriate to carry out the provisions of sections 2 to 10, inclusive, of this act.

      Sec. 11.  This act becomes effective on July 1, 2003.

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CHAPTER 191, AB 437

Assembly Bill No. 437–Assemblymen Christensen, Knecht, Claborn, Ohrenschall, Koivisto, Anderson, Andonov, Angle, Atkinson, Beers, Brown, Carpenter, Chowning, Collins, Conklin, Geddes, Gibbons, Goicoechea, Goldwater, Grady, Griffin, Hardy, Hettrick, Horne, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Parks, Perkins, Pierce, Sherer, Weber and Williams (by request)

 

Joint Sponsors: Senators Townsend, Rawson, Rhoads and Washington

 

CHAPTER 191

 

AN ACT relating to alcoholic beverages; revising the definition of “supplier” for the purposes of the tax on and the sale of liquor; authorizing a retail liquor store that holds a nonrestricted license to transfer an original package of beer to another retail liquor store that holds a nonrestricted license under certain circumstances; requiring the Attorney General to enforce certain provisions governing the sale of alcoholic beverages; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 369.111 is hereby amended to read as follows:

      369.111  As used in this chapter, “supplier” means, with respect to liquor which is brewed, distilled, fermented, manufactured, produced or bottled:

      1.  Outside the United States [, the] :

      (a) The brewer, distiller, manufacturer, producer, vintner or bottler of the liquor, or his designated agent; or

      (b) The owner of the liquor when it is first transported into any area under the jurisdiction of the United States Government [;] , if the brewer, distiller, manufacturer, producer, vintner or bottler of the liquor, or a designated agent of such a person, has not designated an importer to import the liquor into this state; or

      2.  Within the United States but outside this state, the brewer, distiller, manufacturer, producer, vintner or bottler of the liquor, or his designated agent.

      Sec. 2.  NRS 369.486 is hereby amended to read as follows:

      369.486  1.  A wholesaler who is not the importer designated by the supplier pursuant to NRS 369.386 may purchase liquor only from:


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ê2003 Statutes of Nevada, Page 972 (Chapter 191, AB 437)ê

 

      (a) The importer designated by the supplier pursuant to NRS 369.386 to import that liquor; or

      (b) A wholesaler who purchased the liquor from the importer designated by the supplier pursuant to NRS 369.386 to import that liquor.

      2.  As used in this section, “supplier” means the brewer, distiller, manufacturer, producer, vintner or bottler of liquor [.] , or his designated agent.

      Sec. 3.  NRS 369.4865 is hereby amended to read as follows:

      369.4865  1.  [A] Except as otherwise provided in subsection 2, a retail liquor store that holds a nonrestricted license may transfer an original package of liquor to another retail liquor store that holds a nonrestricted license, and that other retail liquor store may receive the original package of liquor pursuant to the transfer, if:

      (a) Each retail liquor store:

             (1) Holds its nonrestricted license for the purposes set forth in subsection 2 of NRS 463.0177; and

             (2) Is in the marketing area of the wholesale dealer from which the original package of liquor was obtained by the initial retail liquor store;

      (b) The initial retail liquor store:

             (1) Obtained the original package of liquor in compliance with the provisions of this chapter;

             (2) Is an affiliate of the retail liquor store that receives the transfer; and

             (3) Does not charge the retail liquor store that receives the transfer for the original package of liquor;

      (c) Immediately before the transfer, the original package of liquor is located at the initial retail liquor store; and

      (d) Pursuant to the transfer, the original package of liquor is transported from the initial retail liquor store to the other retail liquor store.

      2.  A retail liquor store that holds a nonrestricted license may transfer an original package of beer to another retail liquor store that holds a nonrestricted license, and that other retail liquor store may receive the original package of beer pursuant to the transfer, if the wholesale dealer of the beer authorizes, in writing, the nonrestricted licensee to make such a transfer.

      3.  A transfer authorized by this section shall not be deemed a sale.

      [3.] 4.  A retail liquor store that transfers or receives an original package of liquor as authorized by this section:

      (a) Shall not be deemed to be engaged in business as a wholesale dealer based upon the transfer authorized by this section.

      (b) Notwithstanding the provisions of subsection 5 of NRS 369.450, may transport the original package of liquor from the initial retail liquor store to the other retail liquor store without a special permit for such transportation.

      [4.] 5.  As used in this section:

      (a) “Affiliate” has the meaning ascribed to it in NRS 463.0133.

      (b) [“Liquor” does not include beer.

      (c)] “Marketing area” has the meaning ascribed to it in NRS 597.136.

      [(d)] (c) “Nonrestricted license” has the meaning ascribed to it in NRS 463.0177.

      Sec. 4.  NRS 369.488 is hereby amended to read as follows:

      369.488  1.  Except as otherwise provided in NRS 369.4865, a retailer may purchase liquor only from:


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      (a) The importer designated by the supplier pursuant to NRS 369.386 to import that liquor if that importer is also a wholesaler; or

      (b) A wholesaler who purchased liquor from the importer designated by the supplier pursuant to NRS 369.386 to import that liquor.

      2.  As used in this section, “supplier” means the brewer, distiller, manufacturer, producer, vintner or bottler of liquor [.] , or his designated agent.

      Sec. 5.  Chapter 597 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in NRS 228.380, the Attorney General shall enforce the provisions of NRS 597.120 to 597.260, inclusive, and shall cause appropriate legal action to be taken to enforce those provisions.

      2.  This section does not prohibit:

      (a) A wholesaler from bringing an action against a supplier pursuant to NRS 597.170.

      (b) A customer, supplier or wholesaler from bringing an action against a retailer pursuant to NRS 597.260.

      Sec. 6.  This act becomes effective on July 1, 2003.

________

 

CHAPTER 192, AB 488

Assembly Bill No. 488–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 192

 

AN ACT relating to ditches; requiring the State Engineer to investigate and prepare a report concerning certain complaints concerning possible criminal acts involving ditches; requiring a copy of a subdivider’s tentative map to be forwarded to the owner of record of land to which an irrigation ditch is appurtenant under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 536 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In a county whose population is less than 100,000, the State Engineer shall, upon request of the owner of a ditch or a local governmental entity in whose jurisdiction a ditch is located, investigate a complaint involving a possible violation of the provisions of NRS 536.120 which involves the ditch if the ditch is located:

      (a) Within the boundaries of an adjudicated stream system for which the State Engineer has appointed an engineer to work in a supervisory capacity pursuant to NRS 533.275; and

      (b) Outside the boundaries of an irrigation district organized pursuant to chapter 539 of NRS.

      2.  For any complaint investigated pursuant to subsection 1, the State Engineer shall:


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ê2003 Statutes of Nevada, Page 974 (Chapter 192, AB 488)ê

 

      (a) Prepare a report concerning the investigation, including, without limitation, the condition of the ditch; and

      (b) Make the report available to the person or local governmental entity that requested the investigation.

      3.  A person or local governmental entity that obtains a report pursuant to subsection 2 may submit a copy of the report with any report of a violation of the provisions of NRS 536.120 that is reported to a law enforcement agency.

      Sec. 2.  Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In any county whose population is less than 100,000, when any subdivider proposes to subdivide land which is located outside the boundaries of any irrigation district organized pursuant to chapter 539 of NRS on which an irrigation ditch is located, the planning commission or its designated representative, or if there is no planning commission, the clerk or other designated representative of the governing body, shall forward a copy of the subdivider’s tentative map, by certified or registered mail, to the last known address of the owner of record of any land to which the irrigation ditch is appurtenant that is on file in the office of the county assessor pursuant to this section. An owner of record who receives a copy of a subdivider’s tentative map shall, within 30 days after receiving the map, review and comment in writing upon the map to the planning commission or governing body. The planning commission or governing body shall take those comments into consideration before approving the tentative map.

      2.  A subdivider whose tentative map is provided to an owner of record pursuant to this section is responsible for any costs incurred by the planning commission or its designated representative, or by the clerk or other designated representative of the governing body, in identifying the owner of record and providing a copy of the tentative map to the owner of record.

      Sec. 3.  NRS 278.010 is hereby amended to read as follows:

      278.010  As used in NRS 278.010 to 278.630, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, have the meanings ascribed to them in those sections.

      Sec. 4.  NRS 278.320 is hereby amended to read as follows:

      278.320  1.  “Subdivision” means any land, vacant or improved, which is divided or proposed to be divided into five or more lots, parcels, sites, units or plots, for the purpose of any transfer [,] or development , or any proposed transfer or development , unless exempted by one of the following provisions:

      (a) The term “subdivision” does not apply to any division of land which is subject to the provisions of NRS 278.471 to 278.4725, inclusive.

      (b) Any joint tenancy or tenancy in common shall be deemed a single interest in land.

      (c) Unless a method of disposition is adopted for the purpose of evading this chapter or would have the effect of evading this chapter, the term “subdivision” does not apply to:

             (1) Any division of land which is ordered by any court in this state or created by operation of law;

             (2) A lien, mortgage, deed of trust or any other security instrument;


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             (3) A security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity;

             (4) Cemetery lots; or

             (5) An interest in oil, gas, minerals or building materials, which are now or hereafter severed from the surface ownership of real property.

      2.  A common-interest community consisting of five or more units shall be deemed to be a subdivision of land within the meaning of this section, but need only comply with NRS 278.326 to 278.460, inclusive, and section 2 of this act, and 278.473 to 278.490, inclusive.

      3.  The board of county commissioners of any county may exempt any parcel or parcels of land from the provisions of NRS 278.010 to 278.630, inclusive, and section 2 of this act if:

      (a) The land is owned by a railroad company or by a nonprofit corporation organized and existing pursuant to the provisions of chapter 81 or 82 of NRS which is an immediate successor in title to a railroad company, and the land was in the past used in connection with any railroad operation; and

      (b) Other persons now permanently reside on the land.

      4.  This chapter does not apply to the division of land for agricultural purposes into parcels of more than 10 acres, if a street, road, or highway opening or widening or easement of any kind is not involved.

      Sec. 5.  NRS 278.330 is hereby amended to read as follows:

      278.330  1.  The initial action in connection with the making of any subdivision is the preparation of a tentative map.

      2.  The subdivider shall file copies of [such] the map with the planning commission or its designated representative, or with the clerk of the governing body if there is no planning commission, together with a filing fee in an amount determined by the governing body.

      3.  The commission, its designated representative, the clerk or other designated representative of the governing body or, when authorized by the governing body, the subdivider or any other appropriate agency shall distribute copies of the map and any accompanying data to all state and local agencies and persons charged with reviewing the proposed subdivision.

      4.  If there is no planning commission, the clerk of the governing body shall submit the tentative map to the governing body at its next regular meeting.

      5.  Except as otherwise provided by subsection 6, if there is a planning commission, it shall:

      (a) In a county whose population is 400,000 or more, within 45 days; or

      (b) In a county whose population is less than 400,000, within 60 days,

after accepting as a complete application a tentative map, recommend approval, conditional approval or disapproval of the map in a written report filed with the governing body.

      6.  If the governing body has authorized the planning commission to take final action on a tentative map, the planning commission shall:

      (a) In a county whose population is 400,000 or more, within 45 days; or

      (b) In a county whose population is less than 400,000, within 60 days,

after accepting as a complete application a tentative map, approve, conditionally approve or disapprove the tentative map in the manner provided for in NRS 278.349.


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provided for in NRS 278.349. The planning commission shall file its written decision with the governing body.

      Sec. 6.  NRS 278.349 is hereby amended to read as follows:

      278.349  1.  Except as otherwise provided in subsection 2, the governing body, if it has not authorized the planning commission to take final action, shall, by an affirmative vote of a majority of all the members, approve, conditionally approve or disapprove a tentative map filed pursuant to NRS 278.330:

      (a) In a county whose population is 400,000 or more, within 45 days; or

      (b) In a county whose population is less than 400,000, within 60 days,

after receipt of the planning commission’s recommendations.

      2.  If there is no planning commission, the governing body shall approve, conditionally approve or disapprove a tentative map:

      (a) In a county whose population is 400,000 or more, within 45 days; or

      (b) In a county whose population is less than 400,000, within 60 days,

after the map is filed with the clerk of the governing body.

      3.  The governing body, or planning commission if it is authorized to take final action on a tentative map, shall consider:

      (a) Environmental and health laws and regulations concerning water and air pollution, the disposal of solid waste, facilities to supply water, community or public sewage disposal and, where applicable, individual systems for sewage disposal;

      (b) The availability of water which meets applicable health standards and is sufficient in quantity for the reasonably foreseeable needs of the subdivision;

      (c) The availability and accessibility of utilities;

      (d) The availability and accessibility of public services such as schools, police protection, transportation, recreation and parks;

      (e) Conformity with the zoning ordinances and master plan, except that if any existing zoning ordinance is inconsistent with the master plan, the zoning ordinance takes precedence;

      (f) General conformity with the governing body’s master plan of streets and highways;

      (g) The effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision;

      (h) Physical characteristics of the land such as floodplain, slope and soil;

      (i) The recommendations and comments of those entities and persons reviewing the tentative map pursuant to NRS 278.330 to 278.348, inclusive [;] , and section 2 of this act; and

      (j) The availability and accessibility of fire protection, including, but not limited to, the availability and accessibility of water and services for the prevention and containment of fires, including fires in wild lands.

      4.  The governing body or planning commission shall, by an affirmative vote of a majority of all the members, make a final disposition of the tentative map. Any disapproval or conditional approval must include a statement of the reason for that action.

      Sec. 7.  NRS 278.590 is hereby amended to read as follows:

      278.590  1.  It is unlawful for any person to contract to sell, to sell or to transfer any subdivision or any part thereof, or land divided pursuant to a parcel map or map of division into large parcels, unless:


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ê2003 Statutes of Nevada, Page 977 (Chapter 192, AB 488)ê

 

      (a) The required map thereof, in full compliance with the appropriate provisions of NRS 278.010 to 278.630, inclusive, and section 2 of this act, and any local ordinance, has been recorded in the office of the recorder of each county in which the subdivision or land divided is located; or

      (b) The person is contractually obligated to record the required map [,] before title is transferred or possession is delivered, whichever is earlier, as provided in paragraph (a).

      2.  A person who violates the provisions of subsection 1 is guilty of a misdemeanor and is liable for a civil penalty of not more than $300 for each lot or parcel sold or transferred.

      3.  This section does not bar any legal, equitable or summary remedy to which any aggrieved municipality or other political subdivision, or any person, may otherwise be entitled, and any such municipality or other political subdivision or person may file suit in the district court of the county in which any property attempted to be divided or sold in violation of any provision of NRS 278.010 to 278.630, inclusive, and section 2 of this act, is located to restrain or enjoin any attempted or proposed division or transfer in violation of those sections.

      Sec. 8.  NRS 278.600 is hereby amended to read as follows:

      278.600  Any county recorder who records a map contrary to the provisions of NRS 278.010 to 278.630, inclusive, and section 2 of this act, or of any local ordinance adopted pursuant thereto is guilty of a misdemeanor.

      Sec. 9.  This act becomes effective on July 1, 2003.

________

 


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ê2003 Statutes of Nevada, Page 978ê

 

CHAPTER 193, AB 485

Assembly Bill No. 485–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 193

 

AN ACT relating to hazardous materials; providing that certain bona fide prospective purchasers, innocent purchasers and owners of contiguous real property are not liable for response actions and cleanup with respect to certain real property at which a hazardous substance has been or may have been released; requiring that such persons report the discovery of certain hazardous substances and petroleum products and report the carrying out of certain related response actions and cleanup; clarifying that such relief from liability does not limit certain authorities of the Division of Environmental Protection of the State Department of Conservation and Natural Resources, the Administrator of the Division or the State Environmental Commission with respect to persons who are actually responsible for the contamination or pollution of real property; clarifying that such relief from liability does not affect the liability in tort of any party; providing for the imposition of certain liens in certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 459 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Notwithstanding any other provision of law to the contrary and regardless of whether he is a participant in a program, a person who:

      (a) Is a bona fide prospective purchaser is not liable for any response action or cleanup that may be required with respect to any real property pursuant to NRS 445A.300 to 445A.730, inclusive, 445B.100 to 445B.640, inclusive, 459.400 to 459.600, inclusive, or any other applicable provision of law.

      (b) Is an innocent purchaser is not liable for any response action or cleanup that may be required with respect to any real property pursuant to NRS 445A.300 to 445A.730, inclusive, 445B.100 to 445B.640, inclusive, 459.400 to 459.600, inclusive, or any other applicable provision of law.

      (c) Owns real property that:

             (1) Is contiguous to or otherwise similarly situated with respect to; and

             (2) Is or may be contaminated by a release or threatened release of a hazardous substance from,

other real property that the person does not own, is not liable for any response action or cleanup that may be required with respect to the release or threatened release, provided that the person meets the requirements set forth in section 107(q)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9607(q)(1).


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      2.  A person described in paragraph (a), (b) or (c) of subsection 1 shall report to the Division, in a manner prescribed by the Commission:

      (a) Any of the following substances that are found on or at real property owned by the person:

             (1) Hazardous substances at or above the required reporting levels designated pursuant to sections 102 and 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9602 and 9603; and

             (2) Petroleum products of such type and in such amount as are required by the Division to be reported; and

      (b) Any response action or cleanup that has been performed with respect to the real property described in paragraph (a).

      3.  The provisions of this section do not otherwise limit the authority of the Administrator, the Commission or the Division to require any person who is responsible for the contamination or pollution of real property, by improperly managing hazardous substances at or on that real property, to perform a response action or cleanup with respect to that real property.

      4.  If there are costs relating to a response action or cleanup that are incurred and unrecovered by the State of Nevada with respect to real property for which a bona fide prospective purchaser of the real property is not liable pursuant to the provisions of this section, the State of Nevada:

      (a) Has a lien against that real property in an amount not to exceed the increase in the fair market value of the real property that is attributable to the response action or cleanup, which increase in fair market value must be measured at the time of the sale or other disposition of the real property; or

      (b) May, with respect to those incurred and unrecovered costs and by agreement with the bona fide prospective purchaser of the real property, obtain from that bona fide prospective purchaser:

             (1) A lien on any other real property owned by the bona fide prospective purchaser; or

             (2) Another form of assurance or payment that is satisfactory to the Administrator.

      5.  The provisions of this section:

      (a) Do not affect the liability in tort of any party; and

      (b) Apply only to real property that is acquired on or after the date that is 60 days after the effective date of this act.

      6.  As used in this section:

      (a) “Administrator” means the Administrator of the Division.

      (b) “Bona fide prospective purchaser” has the meaning ascribed to it in section 101(40) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601(40).

      (c) “Commission” means the State Environmental Commission.

      (d) “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      (e) “Hazardous substance” has the meaning ascribed to it in NRS 459.620.

      (f) “Innocent purchaser” means a person who qualifies for the exemption from liability set forth in section 107(b)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9607(b)(3).

      (g) “Participant” has the meaning ascribed to it in NRS 459.622.


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ê2003 Statutes of Nevada, Page 980 (Chapter 193, AB 485)ê

 

      (h) “Program” means a program of voluntary cleanup and relief from liability set forth in NRS 459.610 to 459.658, inclusive.

      (i) “Response action” means any action to mitigate, attempt to mitigate or assist in the mitigation of the effects of a leak or spill of or an accident involving a hazardous substance, including, without limitation, any action to:

             (1) Contain and dispose of the hazardous substance;

             (2) Clean and decontaminate the area affected by the leak, spill or accident; or

             (3) Investigate the occurrence of the leak, spill or accident.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 194, AB 522

Assembly Bill No. 522–Committee on Transportation

 

CHAPTER 194

 

AN ACT relating to motor vehicles; revising provisions governing short-term leases of passenger cars; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.31535 is hereby amended to read as follows:

      482.31535  1.  Except as otherwise provided in NRS 482.3154, a short-term lessor and a short-term lessee of a passenger car may agree that the lessee will be responsible for:

      (a) Physical [or mechanical] damage to the car, up to and including its fair market value, [resulting from a collision,] regardless of the cause of the damage.

      (b) Mechanical damage to the car, up to and including its fair market value, resulting from:

             (1) A collision;

             (2) An impact; or

             (3) Any other type of incident,

that is caused by a deliberate or negligent act or omission on the part of the lessee.

      (c) Loss resulting from theft of the car, up to and including its fair market value, except that the lessee is presumed to have no liability for any loss resulting from theft if an authorized driver:

             (1) Has possession of the ignition key furnished by the lessor or establishes that the ignition key furnished by the lessor was not in the car at the time of the theft; and

             (2) Files an official report of the theft with an appropriate law enforcement agency within 24 hours after learning of the theft and cooperates with the lessor and the law enforcement agency in providing information concerning the theft.


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The lessor may rebut the presumption set forth in this paragraph by establishing that an authorized driver committed or aided and abetted the commission of the theft.

      [(c)] (d) Physical damage to the car, up to and including its fair market value, resulting from vandalism occurring after or in connection with the theft of the car, except that the lessee has no liability for any damage resulting from vandalism if the lessee has no liability for theft pursuant to paragraph [(b).] (c).

      [(d)] (e) Physical damage to the car and loss of use of the car, up to $500, resulting from vandalism not related to the theft of the car and not caused by the [short-term lessee.

      (e)] lessee.

      (f) Loss of use of the car if the lessee is liable for damage or loss.

      [(f)] (g) Actual charges for towing and storage and impound fees paid by the lessor if the lessee is liable for damage or loss.

      [(g)] (h) An administrative charge that includes the cost of appraisal and other costs incident to the damage, loss, loss of use, repair or replacement of the car.

      2.  For the purposes of this section, the fair market value must be determined in the customary market for the sale of the leased passenger car.

      Sec. 2.  NRS 482.3154 is hereby amended to read as follows:

      482.3154  1.  The total amount of the short-term lessee’s liability to the short-term lessor resulting from damage to a leased passenger car must not exceed the sum of the following:

      (a) The estimated cost for parts that the short-term lessor would have to pay to replace damaged parts. Any discount, price reduction or adjustment received by the lessor must be subtracted from the estimate to the extent not already incorporated in the estimate or promptly credited or refunded to the short-term lessee.

      (b) The estimated cost of labor to replace damaged parts of the passenger car, which must not exceed the product of:

             (1) The rate of labor usually paid by the lessor to replace parts of the type that were damaged; and

             (2) The estimated time for replacement.

Any discount, price reduction or adjustment received by the short-term lessor must be subtracted from the estimate to the extent not already incorporated in the estimate or promptly credited or refunded to the lessee.

      (c) The estimated cost of labor to repair damaged parts of the passenger car, which must not exceed the lesser of:

             (1) The product of the rate for labor usually paid by the short-term lessor to repair parts of the type that were damaged and the estimated time for repair; or

             (2) The sum of the costs for estimated labor and parts determined pursuant to paragraphs (a) and (b) to replace the same parts.

Any discount, price reduction or adjustment received by the short-term lessor must be subtracted from the estimate to the extent not already incorporated in the estimate or promptly credited or refunded to the lessee.

      (d) Except as otherwise provided in subsection 2, the loss of use of the leased passenger car, which must not exceed the product of:

             (1) The rate for the car stated in the short-term lessee’s lease, excluding all optional charges; and


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             (2) The total of the estimated time for replacement and the estimated time for repair. For the purpose of converting the estimated time for repair into the same unit of time in which the rate of the lease is expressed, a day shall be deemed to consist of 8 hours.

      (e) Actual charges for towing and storage and impound fees paid by the short-term lessor.

      2.  Under any of the circumstances described in NRS 482.31555, the short-term lessor’s loss of use of the passenger car must not exceed the product of:

      (a) The rate for the car stated in the short-term lessee’s lease, excluding all optional charges; and

      (b) The period from the date of an accident to the date the car is ready to be returned to service if the lessor uses his best efforts to repair and return the car to service as soon as practicable.

      3.  An administrative charge pursuant to paragraph [(g)] (h) of subsection 1 of NRS 482.31535 must not exceed:

      (a) Fifty dollars if the total estimated cost for parts and labor is more than $100 and less than or equal to $500.

      (b) One hundred dollars if the total estimated cost for parts and labor is more than $500 and less than or equal to $1,500.

      (c) One hundred and fifty dollars if the total estimated cost for parts and labor is more than $1,500.

No administrative charge may be imposed if the total estimated cost of parts and labor is $100 or less.

      Sec. 3.  NRS 482.31555 is hereby amended to read as follows:

      482.31555  A short-term lessor may provide in a lease of a passenger car that a waiver of damages does not apply in the following circumstances:

      1.  Damage or loss resulting from an authorized driver’s:

      (a) Intentional, willful, wanton or reckless conduct.

      (b) Operation of the car in violation of NRS 484.379.

      (c) Towing or pushing with the car.

      (d) Operation of the car on an unpaved road if the damage or loss is a direct result of the road or driving conditions.

      2.  Damage or loss occurring when the passenger car is:

      (a) Used for hire.

      (b) Used in connection with conduct that constitutes a felony.

      (c) Involved in a speed test or contest or in driver training activity.

      (d) Operated by a person other than an authorized driver.

      (e) Operated in a foreign country or outside of the [United States.] States of Nevada, Arizona, California, Idaho, Oregon and Utah, unless the lease expressly provides that the passenger car may be operated in other locations.

      3.  An authorized driver providing:

      (a) Fraudulent information to the short-term lessor.

      (b) False information to the lessor and the lessor would not have leased the passenger car if he had received true information.

      Sec. 4.  NRS 482.31565 is hereby amended to read as follows:

      482.31565  1.  A short-term lessor shall not require the purchase of a waiver of damages, optional insurance or any other optional good or service as a condition for the lease of a passenger car.


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      2.  A short-term lessor may sell a waiver of damages but shall not charge more than $15 per full or partial rental day or 24-hour rental period , as appropriate, for the waiver.

      3.  A short-term lessor who disseminates an advertisement in the State of Nevada that contains a rate for the lease of a passenger car shall include in the advertisement a clearly readable statement of the charge for a waiver of damages and a statement that the waiver is optional.

      4.  A short-term lessor shall not engage in any unfair, deceptive or coercive conduct to induce a short-term lessee to purchase a waiver of damages, optional insurance or any other optional good or service, including, but not limited to, refusing to honor the lessee’s reservation, limiting the availability of cars, requiring a deposit or debiting or blocking the lessee’s credit card account for a sum equivalent to a deposit if the lessee declines to purchase a waiver, optional insurance or any other optional good or service.

________

 

CHAPTER 195, SB 7

Senate Bill No. 7–Senator Wiener

 

CHAPTER 195

 

AN ACT relating to telegraphs; repealing certain obsolete provisions relating to telegraphs; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 119.182 is hereby amended to read as follows:

      119.182  1.  The information submitted pursuant to NRS 119.140 must be given to and reviewed with each purchaser by the broker or salesman before the execution of any contract for the sale of any such property. The broker shall obtain from the purchaser a signed receipt for a copy of the information and, if a contract for disposition is entered into, the receipt and a copy of all contracts and agreements must be kept in the broker’s files within the State of Nevada for 3 years or 1 year after final payment has been made on any contract for the sale of property, whichever is longer, and is subject to such inspection and audit as may be prescribed by regulations of the Division.

      2.  The purchaser of any subdivision or any lot, parcel, unit or interest in any subdivision, not exempted under the provisions of NRS 119.120 or 119.122 may cancel, by written notice, the contract of sale until midnight of the fifth calendar day following the date of execution of the contract, and the contract must so provide. The right of cancellation may not be waived. Any attempt by the developer to obtain such a waiver results in a contract which is voidable by the purchaser.

      3.  The notice of cancellation may be delivered personally to the developer or sent by certified mail or [telegraph] telegram to the business address of the developer.

      4.  The developer shall, within 15 days after receipt of the notice of cancellation, return all payments made by the purchaser.


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ê2003 Statutes of Nevada, Page 984 (Chapter 195, SB 7)ê

 

      Sec. 2.  NRS 119A.410 is hereby amended to read as follows:

      119A.410  1.  The purchaser of a time share may cancel, by written notice, the contract of sale until midnight of the fifth calendar day following the date of execution of the contract. The contract of sale must include a statement of this right.

      2.  The right of cancellation may not be waived. Any attempt by the developer to obtain a waiver results in a contract which is voidable by the purchaser.

      3.  The notice of cancellation may be delivered personally to the developer or sent by certified mail or [telegraph] telegram to the business address of the developer.

      4.  The developer shall, within 15 days after receipt of the notice of cancellation, return all payments made by the purchaser.

      Sec. 3.  NRS 171.148 is hereby amended to read as follows:

      171.148  1.  A warrant of arrest may be transmitted by [telegraph. A telegraphic] telegram. A copy of [such] a warrant transmitted by telegram may be sent to one or more peace officers, and [such] the copy is as effectual in the hands of any officer, and he must proceed in the same manner under it, as though he held an original warrant issued by the magistrate before whom the original complaint in the case was laid.

      2.  Every officer causing [telegraphic copies of warrants] a warrant to be [sent] transmitted by telegram pursuant to subsection 1 must certify as correct [and file in the telegraph office from which such copies are sent] a copy of the warrant and endorsement thereon, and must return the original with a statement of his action thereunder.

      3.  As used in this section, [“telegraph”] “telegram” includes every method of electric or electronic communication by which a written as distinct from an oral message is transmitted.

      Sec. 4.  NRS 645A.100 is hereby amended to read as follows:

      645A.100  1.  Notice of the entry of any order of suspension or revocation or of imposing a fine or refusing a license to any escrow agent or agency must be given in writing, served personally or sent by certified mail or by [telegraph] telegram to the last known address of the agent or agency affected.

      2.  The agent or agency, upon application, is entitled to a hearing . [but if no] If an application is not made within 20 days after the entry of the order , the Commissioner shall enter a final order.

      Sec. 5.  NRS 645B.750 is hereby amended to read as follows:

      645B.750  1.  If the Commissioner enters an order taking any disciplinary action against a person or denying a person’s application for a license, the Commissioner shall cause a written notice of the order to be served personally or sent by certified mail or [telegraph] telegram to the person.

      2.  Unless a hearing has already been conducted concerning the matter, the person, upon application, is entitled to a hearing. If the person does not make such an application within 20 days after the date of the initial order, the Commissioner shall enter a final order concerning the matter.

      3.  A person may appeal a final order of the Commissioner in accordance with the provisions of chapter 233B of NRS that apply to a contested case.


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ê2003 Statutes of Nevada, Page 985 (Chapter 195, SB 7)ê

 

      Sec. 6.  NRS 645E.750 is hereby amended to read as follows:

      645E.750  1.  If the Commissioner enters an order taking any disciplinary action against a person or denying a person’s application for a license, the Commissioner shall cause a written notice of the order to be served personally or sent by certified mail or [telegraph] telegram to the person.

      2.  Unless a hearing has already been conducted concerning the matter, the person, upon application, is entitled to a hearing. If the person does not make such an application within 20 days after the date of the initial order, the Commissioner shall enter a final order concerning the matter.

      3.  A person may appeal a final order of the Commissioner in accordance with the provisions of chapter 233B of NRS that apply to a contested case.

      Sec. 7.  NRS 669.160 is hereby amended to read as follows:

      669.160  1.  Within 60 days after the application for a license is filed, the Commissioner shall investigate the facts of the application and the other requirements of this chapter to determine:

      (a) That the persons who will serve as directors or officers of the corporation, or the managers or members acting in a managerial capacity of the limited-liability company, as applicable:

             (1) Have a good reputation for honesty, trustworthiness and integrity and display competence to transact the business of a trust company in a manner which safeguards the interests of the general public. The applicant must submit satisfactory proof of these qualifications to the Commissioner.

             (2) Have not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.

             (3) Have not made a false statement of material fact on the application.

             (4) Have not had a license that was issued pursuant to the provisions of this chapter suspended or revoked within the 10 years immediately preceding the date of the application.

             (5) Have not had a license as a trust company which was issued in any other state, district or territory of the United States or any foreign country suspended or revoked within the 10 years immediately preceding the date of the application.

             (6) Have not violated any of the provisions of this chapter or any regulation adopted pursuant to the provisions of this chapter.

      (b) That the financial status of the directors and officers of the corporation or the managers or members acting in a managerial capacity of the limited-liability company is consistent with their responsibilities and duties.

      (c) That the name of the proposed company is not deceptively similar to the name of another trust company licensed in this state or is not otherwise misleading.

      (d) That the initial stockholders’ equity is not less than the required minimum.

      2.  Notice of the entry of an order refusing a license to a trust company must be given in writing, served personally or sent by certified mail or by [telegraph] telegram to the company affected. The company, upon application, is entitled to a hearing before a hearing officer appointed by the Director of the Department of Business and Industry, but if no such application is made within 30 days after the entry of an order refusing a license to any company, the Commissioner shall enter a final order.


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ê2003 Statutes of Nevada, Page 986 (Chapter 195, SB 7)ê

 

application is made within 30 days after the entry of an order refusing a license to any company, the Commissioner shall enter a final order.

      3.  If the hearing officer affirms the order of the Commissioner refusing the license, the applicant may file a petition for judicial review pursuant to NRS 233B.130.

________

 

CHAPTER 196, SB 8

Senate Bill No. 8–Committee on Commerce and Labor

 

CHAPTER 196

 

AN ACT relating to occupational safety; increasing the penalty for certain punishable conduct by an employer that leads to the death of an employee; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 618.685 is hereby amended to read as follows:

      618.685  Any employer who willfully violates any requirement of this chapter, or any standard, rule, regulation or order promulgated or prescribed pursuant to this chapter, where the violation causes the death of any employee, shall be punished:

      1.  For a first offense, by a fine of not more than [$20,000] $50,000 or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.

      2.  For a second or subsequent offense, by a fine of not more than [$40,000] $100,000 or by imprisonment in the county jail for not more than 1 year, or by both fine and imprisonment.

      Sec. 2.  This act becomes effective upon passage and approval for the purpose of requesting approval of the amendatory provisions of this act pursuant to 29 U.S.C. § 667(c) and, for all other purposes, on:

      1.  October 1, 2003, only if, on or before October 1, 2003, the amendatory provisions of this act are approved or determined not to require approval pursuant to 29 U.S.C. § 667(c); or

      2.  On the date the amendatory provisions of this act are approved or determined not to require approval pursuant to 29 U.S.C. § 667(c), only if the amendatory provisions of this act are approved or determined not to require approval pursuant to 29 U.S.C. § 667(c) after October 1, 2003.

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ê2003 Statutes of Nevada, Page 987ê

 

CHAPTER 197, SB 40

Senate Bill No. 40–Committee on Judiciary

 

CHAPTER 197

 

AN ACT relating to firearms; prohibiting discharge of a firearm from a structure or vehicle under certain circumstances; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 202.287 is hereby amended to read as follows:

      202.287  1.  A person [, while in a motor vehicle, whether under the influence of liquor, a controlled substance or otherwise,] who is in, on or under a structure or vehicle and who maliciously or wantonly discharges or maliciously or wantonly causes to be discharged [out of the motor vehicle, any pistol, gun or any other kind of firearm:] a firearm within or from the structure or vehicle:

      (a) If the [motor] structure or vehicle is not within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, is guilty of a misdemeanor.

      (b) If the [motor] structure or vehicle is within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      2.  If a firearm is discharged within or out of any vehicle that is in motion or at rest and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the vehicle may have run on the trip during which the firearm was discharged.

      3.  The provisions of this section do not apply to:

      (a) A person who lawfully shoots at a game mammal or game bird pursuant to subsection 2 of NRS 503.010 . [; or]

      (b) A peace officer while engaged in the performance of his official duties.

      (c) A person who discharges a firearm in a lawful manner and in the course of a lawful business, event or activity.

      4.  As used in this section:

      (a) “Structure” means any temporary or permanent structure, including, but not limited to, any tent, house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building.

      (b) “Vehicle” means any motor vehicle or trailer designed for use with a motor vehicle, whether or not it is self-propelled, operated on rails or propelled by electric power obtained from overhead wires.

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ê2003 Statutes of Nevada, Page 988ê

 

CHAPTER 198, SB 43

Senate Bill No. 43–Senator Care

 

CHAPTER 198

 

AN ACT relating to witnesses; adopting the Uniform Child Witness Testimony by Alternative Methods Act; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 50 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.

      Sec. 2.  The provisions of sections 2 to 14, inclusive, of this act may be cited as the Uniform Child Witness Testimony by Alternative Methods Act.

      Sec. 3.  As used in sections 2 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “Alternative method” means a method by which a child witness testifies which does not include all of the following:

      1.  Having the child testify in person in an open forum;

      2.  Having the child testify in the presence and full view of the finder of fact and presiding officer; and

      3.  Allowing all of the parties to be present, to participate and to view and be viewed by the child.

      Sec. 5.  “Child witness” means a child under the age of 14 years who has been or will be called to testify in a proceeding.

      Sec. 6.  “Criminal proceeding” means:

      1.  A trial or hearing before a court in a prosecution of a person charged with violating a criminal law of this state; or

      2.  A delinquency proceeding which is conducted pursuant to title 5 of NRS.

      Sec. 7.  “Noncriminal proceeding” means a trial or hearing before a court or an administrative agency of this state having judicial or quasi-judicial powers, other than a criminal proceeding.

      Sec. 8.  1.  The provisions of sections 2 to 14, inclusive, of this act apply to the testimony of a child witness in a criminal or noncriminal proceeding.

      2.  The provisions of sections 2 to 14, inclusive, of this act do not preclude:

      (a) In a noncriminal proceeding, any other procedure permitted by law for a child witness to testify; or

      (b) In a delinquency proceeding which is conducted pursuant to title 5 of NRS, testimony by a child witness in a closed forum as authorized by NRS 62.193.

      Sec. 9.  1.  The presiding officer in a criminal or noncriminal proceeding:

      (a) May order a hearing to determine whether to allow a child witness to testify by an alternative method.


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ê2003 Statutes of Nevada, Page 989 (Chapter 198, SB 43)ê

 

      (b) For good cause shown, shall order the hearing upon motion of a party, a child witness, or a natural person determined by the presiding officer to have sufficient standing to act on behalf of the child.

      2.  A hearing to determine whether to allow a child witness to testify by an alternative method must be conducted on the record after reasonable notice to all parties, any nonparty movant, and any other person the presiding officer specifies. The child’s presence is not required at the hearing unless ordered by the presiding officer. In conducting the hearing, the presiding officer is not bound by rules of evidence except the rules of privilege.

      Sec. 10.  1.  In a criminal proceeding, the presiding officer may allow a child witness to testify by an alternative method only in the following situations:

      (a) The child may testify otherwise than in an open forum in the presence and full view of the finder of fact if the presiding officer finds by clear and convincing evidence that the child would suffer serious emotional trauma that would substantially impair the child’s ability to communicate with the finder of fact if required to testify in the open forum.

      (b) The child may testify other than face-to-face with the defendant if the presiding officer finds by clear and convincing evidence that the child would suffer serious emotional trauma that would substantially impair the child’s ability to communicate with the finder of fact if required to be confronted face-to-face by the defendant.

      2.  In a noncriminal proceeding, the presiding officer may allow a child witness to testify by an alternative method if the presiding officer finds by a preponderance of the evidence that allowing the child to testify by an alternative method is necessary to serve the best interests of the child or enable the child to communicate with the finder of fact. In making this finding, the presiding officer shall consider:

      (a) The nature of the proceeding;

      (b) The age and maturity of the child;

      (c) The relationship of the child to the parties in the proceeding;

      (d) The nature and degree of emotional trauma that the child may suffer in testifying; and

      (e) Any other relevant factor.

      Sec. 11.  If the presiding officer determines that a standard pursuant to section 10 of this act has been met, the presiding officer shall determine whether to allow a child witness to testify by an alternative method. In making this determination, the presiding officer shall consider:

      1.  Alternative methods reasonably available;

      2.  Available means for protecting the interests of or reducing emotional trauma to the child without resorting to an alternative method;

      3.  The nature of the case;

      4.  The relative rights of the parties;

      5.  The importance of the proposed testimony of the child;

      6.  The nature and degree of emotional trauma that the child may suffer if an alternative method is not used; and

      7.  Any other relevant factor.

      Sec. 12.  1.  An order allowing or disallowing a child witness to testify by an alternative method must state the findings of fact and conclusions of law that support the presiding officer’s determination.


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ê2003 Statutes of Nevada, Page 990 (Chapter 198, SB 43)ê

 

      2.  An order allowing a child witness to testify by an alternative method must:

      (a) State the method by which the child is to testify;

      (b) List any natural person or category of natural person allowed to be in, or required to be excluded from, the presence of the child during the testimony;

      (c) State any special conditions necessary to facilitate a party’s right to examine or cross-examine the child;

      (d) State any condition or limitation upon the participation of natural persons present during the testimony of the child; and

      (e) State any other condition necessary for taking or presenting the testimony.

      3.  The alternative method ordered by the presiding officer may be no more restrictive of the rights of the parties than is necessary under the circumstances to serve the purposes of the order.

      Sec. 13.  An alternative method ordered by the presiding officer must permit a full and fair opportunity for examination or cross-examination of the child witness by each party.

      Sec. 14.  In applying and construing the Uniform Child Witness Testimony by Alternative Methods Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

________

 

CHAPTER 199, SB 48

Senate Bill No. 48–Senator Care

 

CHAPTER 199

 

AN ACT relating to child custody; adopting the revision of the Uniform Child Custody Jurisdiction and Enforcement Act; providing for the transition from the present act to the act as revised; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 125A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 59, inclusive, of this act.

      Sec. 2.  This chapter may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act.

      Sec. 3.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 19, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “Abandoned” means left without provision for reasonable and necessary care or supervision.

      Sec. 5.  “Child” means a person who has not attained 18 years of age.

      Sec. 6.  1.  “Child custody determination” means a judgment, decree or other order of a court which provides for the legal custody, physical custody or visitation with respect to a child.


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ê2003 Statutes of Nevada, Page 991 (Chapter 199, SB 48)ê

 

      2.  The term includes a permanent, temporary, initial and modification order.

      3.  The term does not include an order relating to child support or other monetary obligation of a natural person.

      Sec. 7.  1.  “Child custody proceeding” means a proceeding in which legal custody, physical custody or visitation with respect to a child is an issue.

      2.  The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and protection from domestic violence, in which the issue may appear.

      3.  The term does not include a proceeding involving juvenile delinquency, contractual emancipation or enforcement pursuant to sections 40 to 58, inclusive, of this act.

      Sec. 8.  “Commencement” means the filing of the first pleading in a proceeding.

      Sec. 9.  “Court” means an entity authorized pursuant to the law of a state to establish, enforce or modify a child custody determination.

      Sec. 10.  “Home state” means:

      1.  The state in which a child lived with a parent or a person acting as a parent for at least six consecutive months, including any temporary absence from the state, immediately before the commencement of a child custody proceeding.

      2.  In the case of a child less than six months of age, the state in which the child lived from birth, including any temporary absence from the state, with a parent or a person acting as a parent.

      Sec. 11.  “Initial determination” means the first child custody determination concerning a particular child.

      Sec. 12.  “Issuing court” means the court that makes a child custody determination for which enforcement is sought pursuant to the provisions of this chapter.

      Sec. 13.  “Modification” means a child custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.

      Sec. 14.  “Person” means any of the following:

      1.  A natural person.

      2.  Any form of business or commercial entity and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, limited liability company, association, joint venture, business trust, estate, trust or unincorporated organization.

      3.  A government, a political subdivision of a government or an agency or instrumentality of a government or a political subdivision of a government.

      Sec. 15.  “Person acting as a parent” means a person, other than a parent, who:

      1.  Has physical custody of the child or has had physical custody of the child for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and

      2.  Has been awarded legal custody by a court or claims a right to legal custody pursuant to the law of this state.


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ê2003 Statutes of Nevada, Page 992 (Chapter 199, SB 48)ê

 

      Sec. 16.  “Physical custody” means the physical care and supervision of a child.

      Sec. 17.  “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

      Sec. 18.  “Tribe” means an Indian tribe or band or Alaskan native village, which is recognized by federal law or formally acknowledged by a state.

      Sec. 19.  “Warrant” means an order issued by a court authorizing law enforcement officers to take physical custody of a child.

      Sec. 20.  The provisions of this chapter do not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.

      Sec. 21.  1.  A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act of 1978, 25 U.S.C. §§ 1901 et seq., is not subject to the provisions of this chapter to the extent that the proceeding is governed by the Indian Child Welfare Act.

      2.  A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying sections 2 to 39, inclusive, of this act.

      3.  A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of the provisions of this chapter must be recognized and enforced pursuant to sections 40 to 58, inclusive, of this act.

      Sec. 22.  1.  A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying sections 2 to 39, inclusive, of this act.

      2.  Except as otherwise provided in subsection 3, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of the provisions of this chapter must be recognized and enforced pursuant to sections 40 to 58, inclusive, of this act.

      3.  The provisions of this section do not apply if the child custody laws of the foreign country where the child custody determination was made violate fundamental principles of human rights.

      Sec. 23.  A child custody determination made by a court of this state that had jurisdiction pursuant to the provisions of this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with section 25 of this act or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.

      Sec. 24.  If a question of existence or exercise of jurisdiction pursuant to the provisions of this chapter is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.

      Sec. 25.  1.  Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.


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ê2003 Statutes of Nevada, Page 993 (Chapter 199, SB 48)ê

 

      2.  Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.

      3.  Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.

      Sec. 26.  1.  A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.

      2.  A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable pursuant to the laws of that state.

      3.  The immunity granted pursuant to subsection 1 does not extend to civil litigation based on acts unrelated to the participation in a proceeding conducted pursuant to the provisions of this chapter committed by a natural person while present in this state.

      Sec. 27.  1.  A court of this state may communicate with a court in another state concerning a proceeding arising pursuant to the provisions of this chapter.

      2.  The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, the parties must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.

      3.  Communication between courts concerning schedules, calendars, court records and similar matters may occur without informing the parties. A record need not be made of the communication.

      4.  Except as otherwise provided in subsection 3, a record must be made of a communication pursuant to this section. The parties must be informed promptly of the communication and granted access to the record.

      5.  For the purposes of this section, “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

      Sec. 28.  1.  In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.

      2.  A court of this state:

      (a) May permit a natural person residing in another state to be deposed or to testify by telephone, audiovisual means or other electronic means before a designated court or at another location in that state; and

      (b) Shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.

      3.  Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.


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ê2003 Statutes of Nevada, Page 994 (Chapter 199, SB 48)ê

 

      Sec. 29.  1.  A court of this state may request the appropriate court of another state to:

      (a) Hold an evidentiary hearing;

      (b) Order a person to produce or give evidence pursuant to procedures of that state;

      (c) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;

      (d) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented and any evaluation prepared in compliance with the request; and

      (e) Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.

      2.  Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection 1.

      3.  Travel and other necessary and reasonable expenses incurred pursuant to subsections 1 and 2 may be assessed against the parties according to the law of this state.

      4.  A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations and other pertinent records with respect to a child custody proceeding until the child attains 18 years of age. Upon appropriate request by a court or law enforcement officer of another state, the court shall forward a certified copy of those records.

      Sec. 30.  1.  Except as otherwise provided in section 33 of this act, a court of this state has jurisdiction to make an initial child custody determination only if:

      (a) This state is the home state of the child on the date of the commencement of the proceeding or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;

      (b) A court of another state does not have jurisdiction pursuant to paragraph (a) or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum pursuant to section 36 or 37 of this act and:

             (1) The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and

             (2) Substantial evidence is available in this state concerning the child’s care, protection, training and personal relationships;

      (c) All courts having jurisdiction pursuant to paragraph (a) or (b) have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child pursuant to section 36 or 37 of this act; or

      (d) No court of any other state would have jurisdiction pursuant to the criteria specified in paragraph (a), (b) or (c).

      2.  Subsection 1 is the exclusive jurisdictional basis for making a child custody determination by a court of this state.

      3.  Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.

      Sec. 31.  1.  Except as otherwise provided in section 33 of this act, a court of this state which has made a child custody determination consistent with section 30 or 32 of this act has exclusive, continuing jurisdiction over the determination until:


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with section 30 or 32 of this act has exclusive, continuing jurisdiction over the determination until:

      (a) A court of this state determines that the child, the child’s parents and any person acting as a parent do not have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child’s care, protection, training and personal relationships; or

      (b) A court of this state or a court of another state determines that the child, the child’s parents and any person acting as a parent do not presently reside in this state.

      2.  A court of this state which has made a child custody determination and does not have exclusive, continuing jurisdiction pursuant to this section may modify that determination only if it has jurisdiction to make an initial determination pursuant to section 30 of this act.

      Sec. 32.  Except as otherwise provided in section 33 of this act, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination pursuant to paragraph (a) or (b) of subsection 1 of section 30 of this act and:

      1.  The court of the other state determines it no longer has exclusive, continuing jurisdiction pursuant to section 31 of this act or that a court of this state would be a more convenient forum pursuant to section 36 of this act; or

      2.  A court of this state or a court of the other state determines that the child, the child’s parents and any person acting as a parent do not presently reside in the other state.

      Sec. 33.  1.  A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.

      2.  If there is no previous child custody determination that is entitled to be enforced pursuant to the provisions of this chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction pursuant to sections 30, 31 and 32 of this act, a child custody determination made pursuant to this section remains in effect until an order is obtained from a court of a state having jurisdiction pursuant to sections 30, 31 and 32 of this act. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction pursuant to sections 30, 31 and 32 of this act, a child custody determination made pursuant to this section becomes a final determination, if it so provides, and this state becomes the home state of the child.

      3.  If there is a previous child custody determination that is entitled to be enforced pursuant to the provisions of this chapter, or a child custody proceeding has been commenced in a court of a state having jurisdiction pursuant to sections 30, 31 and 32 of this act, any order issued by a court of this state pursuant to this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction pursuant to sections 30, 31 and 32 of this act. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.


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      4.  A court of this state which has been asked to make a child custody determination pursuant to this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction pursuant to sections 30, 31 and 32 of this act, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to sections 30, 31 and 32 of this act, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state pursuant to a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.

      Sec. 34.  1.  Before a child custody determination is made pursuant to the provisions of this chapter, notice and an opportunity to be heard in accordance with the standards of section 25 of this act must be given to all persons entitled to notice pursuant to the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated and any person having physical custody of the child.

      2.  The provisions of this chapter do not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.

      3.  The obligation to join a party and the right to intervene as a party in a child custody proceeding conducted pursuant to the provisions of this chapter are governed by the law of this state as in child custody proceedings between residents of this state.

      Sec. 35.  1.  Except as otherwise provided in section 33 of this act, a court of this state may not exercise its jurisdiction pursuant to sections 30 to 39, inclusive, of this act if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with the provisions of this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum pursuant to section 36 of this act.

      2.  Except as otherwise provided in section 33 of this act, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to section 38 of this act. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with the provisions of this chapter, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with the provisions of this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.

      3.  In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:


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ê2003 Statutes of Nevada, Page 997 (Chapter 199, SB 48)ê

 

      (a) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying or dismissing the proceeding for enforcement;

      (b) Enjoin the parties from continuing with the proceeding for enforcement; or

      (c) Proceed with the modification under conditions it considers appropriate.

      Sec. 36.  1.  A court of this state which has jurisdiction pursuant to the provisions of this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court’s own motion or request of another court.

      2.  Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:

      (a) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;

      (b) The length of time the child has resided outside this state;

      (c) The distance between the court in this state and the court in the state that would assume jurisdiction;

      (d) The relative financial circumstances of the parties;

      (e) Any agreement of the parties as to which state should assume jurisdiction;

      (f) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;

      (g) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and

      (h) The familiarity of the court of each state with the facts and issues in the pending litigation.

      3.  If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

      4.  A court of this state may decline to exercise its jurisdiction pursuant to the provisions of this chapter if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.

      Sec. 37.  1.  Except as otherwise provided in section 33 of this act or by other state law, if a court of this state has jurisdiction pursuant to the provisions of this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:

      (a) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;

      (b) A court of the state otherwise having jurisdiction pursuant to sections 30, 31 and 32 of this act determines that this state is a more appropriate forum pursuant to section 36 of this act; or


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ê2003 Statutes of Nevada, Page 998 (Chapter 199, SB 48)ê

 

      (c) No court of any other state would have jurisdiction pursuant to the criteria specified in sections 30, 31 and 32 of this act.

      2.  If a court of this state declines to exercise its jurisdiction pursuant to subsection 1, it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction pursuant to sections 30, 31 and 32 of this act.

      3.  If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection 1, it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs or expenses against this state unless authorized by law other than the provisions of this chapter.

      Sec. 38.  1.  Except as otherwise provided by state law, in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child’s present address or whereabouts, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:

      (a) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number and the date of the child custody determination, if any;

      (b) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions and, if so, identify the court, the case number and the nature of the proceeding; and

      (c) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.

      2.  If the information required by subsection 1 is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.

      3.  If the declaration as to any of the items described in paragraphs (a), (b) and (c) of subsection 1 is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court’s jurisdiction and the disposition of the case.

      4.  Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.

      5.  If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety or liberty of the party or child and determines that the disclosure is in the interest of justice.


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the disclosure to be made after a hearing in which the court takes into consideration the health, safety or liberty of the party or child and determines that the disclosure is in the interest of justice.

      Sec. 39.  1.  In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.

      2.  If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to section 25 of this act include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.

      3.  The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear pursuant to this section.

      4.  If a party to a child custody proceeding who is outside this state is directed to appear pursuant to subsection 2 or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.

      Sec. 40.  As used in sections 40 to 58, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 41 and 42 of this act have the meanings ascribed to them in those sections.

      Sec. 41.  “Petitioner” means a person who seeks enforcement of an order for return of a child pursuant to the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.

      Sec. 42.  “Respondent” means a person against whom a proceeding has been commenced for enforcement of an order for return of a child pursuant to the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.

      Sec. 43.  Pursuant to sections 40 to 58, inclusive, of this act, a court of this state may enforce an order for the return of a child made pursuant to the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.

      Sec. 44.  1.  A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with the provisions of this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of the provisions of this chapter and the determination has not been modified in accordance with the provisions of this chapter.

      2.  A court of this state may utilize any remedy available pursuant to other law of this state to enforce a child custody determination made by a court of another state. The remedies provided pursuant to sections 40 to 58, inclusive, of this act are cumulative and do not affect the availability of other remedies to enforce a child custody determination.

      Sec. 45.  1.  A court of this state which does not have jurisdiction to modify a child custody determination, may issue a temporary order enforcing:

      (a) A visitation schedule made by a court of another state; or


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ê2003 Statutes of Nevada, Page 1000 (Chapter 199, SB 48)ê

 

      (b) The visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.

      2.  If a court of this state makes an order pursuant to paragraph (b) of subsection 1, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction pursuant to the criteria specified in sections 30 to 39, inclusive, of this act. The order remains in effect until an order is obtained from the other court or the period expires.

      Sec. 46.  1.  A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to a court of this state which is competent to hear custody matters:

      (a) A letter or other document requesting registration;

      (b) Two copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and

      (c) Except as otherwise provided in section 38 of this act, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered.

      2.  On receipt of the documents required by subsection 1, the registering court shall:

      (a) Cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form; and

      (b) Serve notice upon the persons named pursuant to paragraph (c) of subsection 1 and provide them with an opportunity to contest the registration in accordance with this section.

      3.  The notice required by paragraph (b) of subsection 2 must state that:

      (a) A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state;

      (b) A hearing to contest the validity of the registered determination must be requested within 20 days after service of notice; and

      (c) Failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.

      4.  A person seeking to contest the validity of a registered order must request a hearing within 20 days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that:

      (a) The issuing court did not have jurisdiction pursuant to sections 30 to 39, inclusive, of this act;

      (b) The child custody determination sought to be registered has been vacated, stayed or modified by a court having jurisdiction to do so pursuant to sections 30 to 39, inclusive, of this act; or

      (c) The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of section 25 of this act, in the proceedings before the court that issued the order for which registration is sought.


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ê2003 Statutes of Nevada, Page 1001 (Chapter 199, SB 48)ê

 

      5.  If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation.

      6.  Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

      7.  The provisions of this section do not apply to an order for protection against domestic violence issued by the court of another state, territory or Indian tribe within the United States which is registered pursuant to NRS 33.090.

      Sec. 47.  1.  A court of this state may grant any relief normally available pursuant to the law of this state to enforce a registered child custody determination made by a court of another state.

      2.  A court of this state shall recognize and enforce, but may not modify, except in accordance with sections 30 to 39, inclusive, of this act, a registered child custody determination of a court of another state.

      Sec. 48.  1.  If a proceeding for enforcement pursuant to the provisions of sections 40 to 58, inclusive, of this act is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination pursuant to sections 30 to 39, inclusive, of this act, the enforcing court shall immediately communicate with the modifying court.

      2.  The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.

      Sec. 49.  1.  A petition pursuant to sections 40 to 58, inclusive, of this act must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original.

      2.  A petition for enforcement of a child custody determination must state:

      (a) Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was;

      (b) Whether the determination for which enforcement is sought has been vacated, stayed or modified by a court whose decision must be enforced pursuant to the provisions of this chapter and, if so, identify the court, the case number and the nature of the proceeding;

      (c) Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions and, if so, identify the court, the case number and the nature of the proceeding;

      (d) The present physical address of the child and the respondent, if known;

      (e) Whether relief in addition to the immediate physical custody of the child and attorney’s fees is sought, including a request for assistance from law enforcement officers and, if so, the relief sought; and

      (f) If the child custody determination has been registered and confirmed pursuant to section 46 of this act, the date and place of registration.


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ê2003 Statutes of Nevada, Page 1002 (Chapter 199, SB 48)ê

 

      3.  Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. If that date is impossible, the court shall hold the hearing on the first judicial day possible. The court may extend the date of the hearing at the request of the petitioner.

      4.  An order issued pursuant to subsection 3 must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs and expenses pursuant to section 53 of this act, and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that:

      (a) The child custody determination has not been registered and confirmed pursuant to section 46 of this act and that:

             (1) The issuing court did not have jurisdiction pursuant to sections 30 to 39, inclusive, of this act;

             (2) The child custody determination for which enforcement is sought has been vacated, stayed or modified by a court having jurisdiction to do so pursuant to sections 30 to 39, inclusive, of this act;

             (3) The respondent was entitled to notice, but notice was not given in accordance with the standards of section 25 of this act, in the proceedings before the court that issued the order for which enforcement is sought; or

      (b) The child custody determination for which enforcement is sought was registered and confirmed pursuant to section 45 of this act, but has been vacated, stayed or modified by a court of a state having jurisdiction to do so pursuant to sections 30 to 39, inclusive, of this act.

      Sec. 50.  Except as otherwise provided in section 52 of this act, the petition and order must be served, by any method authorized by state law, upon respondent and any person who has physical custody of the child.

      Sec. 51.  1.  Unless the court issues a temporary emergency order pursuant to section 33 of this act, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:

      (a) The child custody determination has not been registered and confirmed pursuant to section 46 of this act and that:

             (1) The issuing court did not have jurisdiction pursuant to sections 30 to 39, inclusive, of this act;

             (2) The child custody determination for which enforcement is sought has been vacated, stayed or modified by a court of a state having jurisdiction to do so pursuant to sections 30 to 39, inclusive, of this act; or

             (3) The respondent was entitled to notice, but notice was not given in accordance with the standards of section 25 of this act, in the proceedings before the court that issued the order for which enforcement is sought; or

      (b) The child custody determination for which enforcement is sought was registered and confirmed pursuant to section 46 of this act but has been vacated, stayed or modified by a court of a state having jurisdiction to do so pursuant to sections 30 to 39, inclusive, of this act.


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ê2003 Statutes of Nevada, Page 1003 (Chapter 199, SB 48)ê

 

      2.  The court shall award the fees, costs and expenses authorized pursuant to section 53 of this act and may grant additional relief, including a request for the assistance of law enforcement officers, and set a further hearing to determine whether additional relief is appropriate.

      3.  If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.

      4.  A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding conducted pursuant to sections 40 to 58, inclusive, of this act.

      Sec. 52.  1.  Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or to be removed from this state.

      2.  If the court, upon the testimony of the petitioner or other witness, finds that the child is immediately likely to suffer serious physical harm or to be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. If that date is impossible, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by subsection 2 of section 49 of this act.

      3.  A warrant to take physical custody of a child must:

      (a) Recite the facts upon which the conclusion that the child is immediately likely to suffer serious physical harm or to be removed from this state is based;

      (b) Direct law enforcement officers to take physical custody of the child immediately; and

      (c) Provide for the placement of the child pending final relief.

      4.  The respondent must be served with the petition, warrant and order immediately after the child is taken into physical custody.

      5.  A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.

      6.  The court may impose conditions upon placement of a child to ensure the appearance of the child and the child’s custodian.

      Sec. 53.  1.  The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.

      2.  The court may not assess fees, costs or expenses against a state unless authorized by law other than the provisions of this chapter.


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ê2003 Statutes of Nevada, Page 1004 (Chapter 199, SB 48)ê

 

      Sec. 54.  A court of this state shall accord full faith and credit to an order issued by another state and consistent with the provisions of this chapter which enforces a child custody determination by a court of another state unless the order has been vacated, stayed or modified by a court having jurisdiction to do so pursuant to sections 30 to 39, inclusive, of this act.

      Sec. 55.  1.  An appeal may be taken from a final order in a proceeding conducted pursuant to the provisions of sections 40 to 58, inclusive, of this act in the same manner as appeals in other civil cases are taken.

      2.  To the extent consistent with the Nevada Rules of Appellate Procedure, the Supreme Court shall expedite an appeal brought pursuant to this section.

      3.  Unless the court enters a temporary emergency order pursuant to section 34 of this act, the enforcing court may not stay an order enforcing a child custody determination pending appeal.

      Sec. 56.  1.  In a case arising pursuant to the provisions of this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, a district attorney or the Attorney General may take any lawful action, including resort to a proceeding brought pursuant to sections 40 to 58, inclusive, of this act or any other available civil proceeding to locate a child, obtain the return of a child or enforce a child custody determination if there is:

      (a) An existing child custody determination;

      (b) A request to do so from a court in a pending child custody proceeding;

      (c) A reasonable belief that a criminal statute has been violated; or

      (d) A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.

      2.  A district attorney or the Attorney General acting pursuant to this section acts on behalf of the court and may not represent any party.

      Sec. 57.  At the request of a district attorney or the Attorney General acting pursuant to section 56 of this act, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist the district attorney or the Attorney General with responsibilities pursuant to section 56 of this act.

      Sec. 58.  If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by a district attorney or the Attorney General and law enforcement officers pursuant to section 56 or 57 of this act.

      Sec. 59.  In applying and construing the Uniform Child Custody Jurisdiction and Enforcement Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

      Sec. 60.  NRS 125.470 is hereby amended to read as follows:

      125.470  1.  If, during any proceeding brought under this chapter, either before or after the entry of a final order concerning the custody of a minor child, it appears to the court that any minor child of either party has been, or is likely to be, taken or removed out of this state or concealed within this state, the court shall forthwith order such child to be produced before it and make such disposition of the child’s custody as appears most advantageous to and in the best interest of the child and most likely to secure to him the benefit of the final order or the modification or termination of the final order to be made in his behalf.


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ê2003 Statutes of Nevada, Page 1005 (Chapter 199, SB 48)ê

 

advantageous to and in the best interest of the child and most likely to secure to him the benefit of the final order or the modification or termination of the final order to be made in his behalf.

      2.  If, during any proceeding brought under this chapter, either before or after the entry of a final order concerning the custody of a minor child, the court finds that it would be in the best interest of the minor child, the court may enter an order providing that a party may, with the assistance of the appropriate law enforcement agency, obtain physical custody of the child from the party having physical custody of the child. The order must provide that if the party obtains physical custody of the child, the child must be produced before the court as soon as practicable to allow the court to make such disposition of the child’s custody as appears most advantageous to and in the best interest of the child and most likely to secure to him the benefit of the final order or the modification or termination of the final order to be made in his behalf.

      3.  If the court enters an order pursuant to subsection 2 providing that a party may obtain physical custody of a child, the court shall order that party to give the party having physical custody of the child notice at least 24 hours before the time at which he intends to obtain physical custody of the child, unless the court deems that requiring the notice would likely defeat the purpose of the order.

      4.  All orders for a party to appear with a child issued pursuant to this section may be enforced [as provided by subsection 2 of NRS 125A.140.] by issuing a warrant of arrest against that party to secure his appearance with the child.

      5.  A proceeding under this section must be given priority on the court calendar.

      Sec. 61.  NRS 200.359 is hereby amended to read as follows:

      200.359  1.  A person having a limited right of custody to a child by operation of law or pursuant to an order, judgment or decree of any court, including a judgment or decree which grants another person rights to custody or visitation of the child, or any parent having no right of custody to the child, who:

      (a) In violation of an order, judgment or decree of any court willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child; or

      (b) In the case of an order, judgment or decree of any court that does not specify when the right to physical custody or visitation is to be exercised, removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation,

is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.  A parent who has joint legal custody of a child pursuant to NRS 125.465 shall not willfully conceal or remove the child from the custody of the other parent with the specific intent to deprive the other parent of the parent and child relationship. A person who violates this subsection shall be punished as provided in subsection 1.

      3.  If the mother of a child has primary physical custody pursuant to subsection 2 of NRS 126.031, the father of the child shall not willfully conceal or remove the child from the physical custody of the mother. If the father of a child has primary physical custody pursuant to subsection 2 of NRS 126.031, the mother of the child shall not willfully conceal or remove the child from the physical custody of the father.


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ê2003 Statutes of Nevada, Page 1006 (Chapter 199, SB 48)ê

 

NRS 126.031, the mother of the child shall not willfully conceal or remove the child from the physical custody of the father. A person who violates this subsection shall be punished as provided in subsection 1.

      4.  Before an arrest warrant may be issued for a violation of this section, the court must find that:

      (a) This is the home state of the child, as defined in [subsection 5 of NRS 125A.040;] section 10 of this act; and

      (b) There is cause to believe that the entry of a court order in a civil proceeding brought pursuant to chapter 125, 125A or 125C of NRS will not be effective to enforce the rights of the parties and would not be in the best interests of the child.

      5.  Upon conviction for a violation of this section, the court shall order the defendant to pay restitution for any expenses incurred in locating or recovering the child.

      6.  The prosecuting attorney may recommend to the judge that the defendant be sentenced as for a misdemeanor and the judge may impose such a sentence if he finds that:

      (a) The defendant has no prior conviction for this offense and the child has suffered no substantial harm as a result of the offense; or

      (b) The interests of justice require that the defendant be punished as for a misdemeanor.

      7.  A person who aids or abets any other person to violate this section shall be punished as provided in subsection 1.

      8.  This section does not apply to a person who detains, conceals or removes a child to protect the child from the imminent danger of abuse or neglect or to protect himself from imminent physical harm, and reported the detention, concealment or removal to a law enforcement agency or an agency which provides child welfare services within 24 hours after detaining, concealing or removing the child, or as soon as the circumstances allowed. As used in this subsection:

      (a) “Abuse or neglect” has the meaning ascribed to it in paragraph (a) of subsection 4 of NRS 200.508.

      (b) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      Sec. 62.  A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before October 1, 2003, is governed by the law in effect at the time the motion or other request was made.

      Sec. 63.  NRS 125A.010, 125A.020, 125A.030, 125A.040, 125A.050, 125A.060, 125A.070, 125A.080, 125A.090, 125A.100, 125A.110, 125A.120, 125A.130, 125A.140, 125A.150, 125A.160, 125A.170, 125A.180, 125A.190, 125A.200, 125A.210, 125A.220, 125A.230, 125A.240 and 125A.250 are hereby repealed.

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ê2003 Statutes of Nevada, Page 1007ê

 

CHAPTER 200, SB 50

Senate Bill No. 50–Committee on Judiciary

 

CHAPTER 200

 

AN ACT relating to tobacco; authorizing school districts to adopt more stringent restrictions governing tobacco and products made from tobacco than restrictions imposed pursuant to state law under certain circumstances; revising the time by which certain stores must comply with certain provisions pertaining to smoking within public areas; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 202.249 is hereby amended to read as follows:

      202.249  1.  It is the public policy of the State of Nevada and the purpose of NRS 202.2491, 202.24915 and 202.2492 to place restrictions on the smoking of tobacco in public places to protect human health and safety.

      2.  The quality of air is declared to be affected with the public interest and NRS 202.2491, 202.24915 and 202.2492 are enacted in the exercise of the police power of this state to protect the health, peace, safety and general welfare of its people.

      3.  Health authorities, police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2491, 202.24915 and 202.2492. Police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2493, 202.24935 and 202.2494.

      4.  [An] Except as otherwise provided in subsection 5, an agency, board, commission or political subdivision of this state, including , without limitation, any agency, board, commission or governing body of a local government, shall not impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display or promotion of tobacco or products made from tobacco than are provided by NRS 202.2491, 202.24915, 202.2492, 202.2493, 202.24935 and 202.2494.

      5.  A school district may, with respect to the property, buildings, facilities and vehicles of the school district, impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display or promotion of tobacco or products made from tobacco than are provided by NRS 202.2491, 202.24915, 202.2492, 202.2493, 202.24935 and 202.2494.

      Sec. 2.  NRS 202.24915 is hereby amended to read as follows:

      202.24915  1.  A store that is principally devoted to the sale of food for human consumption off the premises may allow the smoking of tobacco in a public area of the store that is leased to or operated by a person who is licensed pursuant to NRS 463.160 if:

      (a) The entire interior public area of the store is 10,000 square feet or less; or

      (b) The area:


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ê2003 Statutes of Nevada, Page 1008 (Chapter 200, SB 50)ê

 

             (1) Is segregated from the other public areas of the store by two or more walls or partial walls, or any combination thereof, in a configuration that includes at least one corner; and

             (2) Contains a method of ventilation which substantially removes smoke from the area.

      2.  Except as otherwise provided in subsection 3, until January 1, [2010,] 2007, a store that is principally devoted to the sale of food for human consumption off the premises may allow the smoking of tobacco in a public area of the store that is leased to or operated by a person who is licensed pursuant to NRS 463.160 if the store was constructed before October 1, 1999, or received final approval for construction before October 1, 1999. On or after January 1, [2010,] 2007, such a store may allow smoking in that public area only if the area contains a method of ventilation which substantially removes smoke from the area.

      3.  If at any time before January 1, [2010,] 2007, a store described in subsection 2 remodels 25 percent or more of the square footage of the entire public area within the store, the store may continue to allow the smoking of tobacco in a public area of the store that is leased to or operated by a person who is licensed pursuant to NRS 463.160 only if the store includes as part of the remodeling a method of ventilation which substantially removes smoke from the area.

      4.  For the purposes of this section, “partial wall” or “wall” may include, without limitation, one or more gaming devices, as defined in NRS 463.0155, if the gaming devices are configured together or in conjunction with other structures to create a barrier that is similar to a partial wall or wall.

________

 

CHAPTER 201, SB 70

Senate Bill No. 70–Senator O’Connell

 

CHAPTER 201

 

AN ACT relating to property; increasing the amount of the homestead exemption; exempting from execution a greater amount of equity in certain dwellings; making various other changes concerning benefits and property which are exempt from execution; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 115.010 is hereby amended to read as follows:

      115.010  1.  The homestead is not subject to forced sale on execution or any final process from any court, except as otherwise provided by subsections 2, 3 and 5.

      2.  The exemption provided in subsection 1 extends only to that amount of equity in the property held by the claimant which does not exceed [$125,000] $200,000 in value, unless allodial title has been established and not relinquished, in which case the exemption provided in subsection 1 extends to all equity in the dwelling, its appurtenances and the land on which it is located.


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ê2003 Statutes of Nevada, Page 1009 (Chapter 201, SB 70)ê

 

      3.  Except as otherwise provided in subsection 4, the exemption provided in subsection 1 does not extend to process to enforce the payment of obligations contracted for the purchase of the property, or for improvements made thereon, including any mechanic’s lien lawfully obtained, or for legal taxes, or for:

      (a) Any mortgage or deed of trust thereon executed and given; or

      (b) Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,

by both husband and wife, when that relation exists.

      4.  If allodial title has been established and not relinquished, the exemption provided in subsection 1 extends to process to enforce the payment of obligations contracted for the purchase of the property, and for improvements made thereon, including any mechanic’s lien lawfully obtained, and for legal taxes levied by a state or local government, and for:

      (a) Any mortgage or deed of trust thereon; and

      (b) Any lien even if prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,

unless a waiver for the specific obligation to which the judgment relates has been executed by all allodial titleholders of the property.

      5.  Establishment of allodial title does not exempt the property from forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, or 207.350 to 207.520, inclusive.

      6.  Any declaration of homestead which has been filed before October 1, [1995,] 2003, shall be deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the amount of equity held by the claimant in the property selected and claimed for the exemption up to the amount permitted by law on that date, but the increase does not impair the right of any creditor to execute upon the property when that right existed before October 1, [1995.] 2003.

      Sec. 2.  NRS 115.050 is hereby amended to read as follows:

      115.050  1.  Whenever execution has been issued against the property of a party claiming the property as a homestead, and the creditor in the judgment makes an oath before the judge of the district court of the county in which the property is situated, that the amount of equity held by the claimant in the property exceeds, to the best of the creditor’s information and belief, the sum of [$125,000,] $200,000, the judge shall, upon notice to the debtor, appoint three disinterested and competent persons as appraisers to estimate and report as to the amount of equity held by the claimant in the property, and if the amount of equity exceeds the sum of [$125,000,] $200,000, determine whether the property can be divided so as to leave the property subject to the homestead exemption without material injury.

      2.  If it appears, upon the report, to the satisfaction of the judge that the property can be thus divided, he shall order the excess to be sold under execution. If it appears that the property cannot be thus divided, and the amount of equity held by the claimant in the property exceeds the exemption allowed by this chapter, he shall order the entire property to be sold, and out of the proceeds the sum of [$125,000] $200,000 to be paid to the defendant in execution, and the excess to be applied to the satisfaction on the execution.


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ê2003 Statutes of Nevada, Page 1010 (Chapter 201, SB 70)ê

 

of the proceeds the sum of [$125,000] $200,000 to be paid to the defendant in execution, and the excess to be applied to the satisfaction on the execution. No bid under [$125,000] $200,000 may be received by the officer making the sale.

      3.  When the execution is against a husband or wife, the judge may direct the [$125,000] $200,000 to be deposited in court, to be paid out only upon the joint receipt of the husband and wife, and the deposit possesses all the protection against legal process and voluntary disposition by either spouse as did the original homestead.

      Sec. 3.  NRS 21.075 is hereby amended to read as follows:

      21.075  1.  Execution on the writ of execution by levying on the property of the judgment debtor may occur only if the sheriff serves the judgment debtor with a notice of the writ of execution pursuant to NRS 21.076 and a copy of the writ. The notice must describe the types of property exempt from execution and explain the procedure for claiming those exemptions in the manner required in subsection 2. The clerk of the court shall attach the notice to the writ of execution at the time the writ is issued.

      2.  The notice required pursuant to subsection 1 must be substantially in the following form:

 

NOTICE OF EXECUTION

 

YOUR PROPERTY IS BEING ATTACHED OR

YOUR WAGES ARE BEING GARNISHED

 

      A court has determined that you owe money to ....................(name of person), the judgment creditor. He has begun the procedure to collect that money by garnishing your wages, bank account and other personal property held by third persons or by taking money or other property in your possession.

      Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

      1.  Payments received under the Social Security Act.

      2.  Payments for benefits or the return of contributions under the Public Employees’ Retirement System.

      3.  Payments for public assistance granted through the Welfare Division of the Department of Human Resources [.] or a local governmental entity.

      4.  Proceeds from a policy of life insurance.

      5.  Payments of benefits under a program of industrial insurance.

      6.  Payments received as disability, illness or unemployment benefits.

      7.  Payments received as unemployment compensation.

      [7.] 8.  Veteran’s benefits.

      [8.] 9.  A homestead in a dwelling or a mobile home, not to exceed [$125,000,] $200,000, unless:

      (a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.

      (b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.


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ê2003 Statutes of Nevada, Page 1011 (Chapter 201, SB 70)ê

 

home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.

      [9.] 10.  A vehicle, if your equity in the vehicle is less than [$4,500.

      10.] $15,000.

      11.  Seventy-five percent of the take-home pay for any pay period, unless the weekly take-home pay is less than 30 times the federal minimum wage, in which case the entire amount may be exempt.

      [11.] 12.  Money, not to exceed $500,000 in present value, held for retirement pursuant to certain arrangements or plans meeting the requirements for qualified arrangements or plans of sections 401 et seq. of the Internal Revenue Code , [(] 26 U.S.C. §§ 401 et seq. [).

      12.] 13.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.

      [13.] 14.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

      [14.] 15.  A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.

      [15.] 16.  A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.

      17.  Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.

      18.  Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      19.  Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      20.  Payments received as restitution for a criminal act.

These exemptions may not apply in certain cases such as a proceeding to enforce a judgment for support of a person or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through ....................(name of organization in county providing legal services to indigent or elderly persons).PROCEDURE FOR CLAIMING EXEMPT PROPERTY

 


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ê2003 Statutes of Nevada, Page 1012 (Chapter 201, SB 70)ê

 

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

 

      If you believe that the money or property taken from you is exempt, you must complete and file with the clerk of the court a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless you or the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The motion for the hearing to determine the issue of exemption must be filed within 10 days after the affidavit claiming exemption is filed. The hearing to determine whether the property or money is exempt must be held within 10 days after the motion for the hearing is filed.

 

      IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

      Sec. 4.  NRS 21.090 is hereby amended to read as follows:

      21.090  1.  The following property is exempt from execution, except as otherwise specifically provided in this section:

      (a) Private libraries not to exceed $1,500 in value, and all family pictures and keepsakes.

      (b) Necessary household goods, as defined in 16 C.F.R. § 444.1(i) as that section existed on January 1, 1987, and yard equipment, not to exceed [$3,000] $10,000 in value, belonging to the judgment debtor to be selected by him.

      (c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by him.

      (d) Professional libraries, office equipment, office supplies and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $4,500 in value.

      (e) The cabin or dwelling of a miner or prospector, his cars, implements and appliances necessary for carrying on any mining operations and his mining claim actually worked by him, not exceeding $4,500 in total value.

      (f) Except as otherwise provided in paragraph (o), one vehicle if the judgment debtor’s equity does not exceed [$4,500] $15,000 or the creditor is paid an amount equal to any excess above that equity.

      (g) For any pay period, 75 percent of the disposable earnings of a judgment debtor during that period, or for each week of the period 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 , 29 U.S.C. § 206(a)(1), and in effect at the time the earnings are payable, whichever is greater. Except as otherwise provided in paragraphs (n), (r) and (s), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph, “disposable earnings” means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.


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ê2003 Statutes of Nevada, Page 1013 (Chapter 201, SB 70)ê

 

remaining after the deduction from those earnings of any amounts required by law, to be withheld.

      (h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this state.

      (i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.

      (j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this state, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state and all lots, buildings and other school property owned by a school district and devoted to public school purposes.

      (k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $1,000. If the premium exceeds that amount, a similar exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $1,000 bears to the whole annual premium paid.

      (l) The homestead as provided for by law, including a homestead for which allodial title has been established and not relinquished and for which a waiver executed pursuant to NRS 115.010 is not applicable.

      (m) The dwelling of the judgment debtor occupied as a home for himself and family, where the amount of equity held by the judgment debtor in the home does not exceed [$125,000] $200,000 in value and the dwelling is [situate] situated upon lands not owned by him.

      (n) All property in this state of the judgment debtor where the judgment is in favor of any state for failure to pay that state’s income tax on benefits received from a pension or other retirement plan.

      (o) Any vehicle owned by the judgment debtor for use by him or his dependent that is equipped or modified to provide mobility for a person with a permanent disability.

      (p) Any prosthesis or equipment prescribed by a physician or dentist for the judgment debtor or a dependent of the debtor.

      (q) Money, not to exceed $500,000 in present value, held in:

             (1) An individual retirement arrangement which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;

             (2) A written simplified employee pension plan which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;

             (3) A cash or deferred arrangement which is a qualified plan pursuant to the Internal Revenue Code; and

             (4) A trust forming part of a stock bonus, pension or profit-sharing plan which is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code , [(] 26 U.S.C. §§ 401 et seq. [).]


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ê2003 Statutes of Nevada, Page 1014 (Chapter 201, SB 70)ê

 

      (r) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.

      (s) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

      (t) Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.

      (u) Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      (v) Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      (w) Payments received as restitution for a criminal act.

      2.  Except as otherwise provided in NRS 115.010, no article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.

      3.  Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978 [(92 Stat. 2586)] , 11 U.S.C. § 522(d), do not apply to property owned by a resident of this state unless conferred also by subsection 1, as limited by subsection 2 . [, of this section.]

      Sec. 5.  NRS 31.045 is hereby amended to read as follows:

      31.045  1.  Execution on the writ of attachment by attaching property of the defendant may occur only if:

      (a) The judgment creditor serves the defendant with notice of the execution when the notice of the hearing is served pursuant to NRS 31.013; or

      (b) Pursuant to an ex parte hearing, the sheriff serves upon the judgment debtor notice of the execution and a copy of the writ at the same time and in the same manner as set forth in NRS 21.076.

If the attachment occurs pursuant to an ex parte hearing, the clerk of the court shall attach the notice to the writ of attachment at the time the writ is issued.

      2.  The notice required pursuant to subsection 1 must be substantially in the following form:

 

NOTICE OF EXECUTION

 

YOUR PROPERTY IS BEING ATTACHED OR

YOUR WAGES ARE BEING GARNISHED

 

      Plaintiff, .................... (name of person), alleges that you owe him money. He has begun the procedure to collect that money. To secure satisfaction of judgment , the court has ordered the garnishment of your wages, bank account or other personal property held by third persons or the taking of money or other property in your possession.


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ê2003 Statutes of Nevada, Page 1015 (Chapter 201, SB 70)ê

 

satisfaction of judgment , the court has ordered the garnishment of your wages, bank account or other personal property held by third persons or the taking of money or other property in your possession.

      Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

      1.  Payments received under the Social Security Act.

      2.  Payments for benefits or the return of contributions under the Public Employees’ Retirement System.

      3.  Payments for public assistance granted through the Welfare Division of the Department of Human Resources [.] or a local governmental entity.

      4.  Proceeds from a policy of life insurance.

      5.  Payments of benefits under a program of industrial insurance.

      6.  Payments received as disability, illness or unemployment benefits.

      7.  Payments received as unemployment compensation.

      [7.] 8.  Veteran’s benefits.

      [8.] 9.  A homestead in a dwelling or a mobile home, not to exceed [$125,000,] $200,000, unless:

      (a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.

      (b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.

      [9.] 10.  A vehicle, if your equity in the vehicle is less than [$4,500.

      10.] $15,000.

      11.  Seventy-five percent of the take-home pay for any pay period, unless the weekly take-home pay is less than 30 times the federal minimum wage, in which case the entire amount may be exempt.

      [11.] 12.  Money, not to exceed $500,000 in present value, held for retirement pursuant to certain arrangements or plans meeting the requirements for qualified arrangements or plans of sections 401 et seq. of the Internal Revenue Code , [(] 26 U.S.C. §§ 401 et seq. [).

      12.] 13.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.

      [13.] 14.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

      [14.] 15.  A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.


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ê2003 Statutes of Nevada, Page 1016 (Chapter 201, SB 70)ê

 

      [15.] 16.  A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.

      17.  Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.

      18.  Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      19.  Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      20.  Payments received as restitution for a criminal act.

These exemptions may not apply in certain cases such as proceedings to enforce a judgment for support of a child or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .................... (name of organization in county providing legal services to the indigent or elderly persons).

 

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

 

      If you believe that the money or property taken from you is exempt or necessary for the support of you or your family, you must file with the clerk of the court on a form provided by the clerk a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The hearing must be held within 10 days after the motion for a hearing is filed.

 

      IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

 

      If you received this notice with a notice of a hearing for attachment and you believe that the money or property which would be taken from you by a writ of attachment is exempt or necessary for the support of you or your family, you are entitled to describe to the court at the hearing why you believe your property is exempt. You may also file a motion with the court for a discharge of the writ of attachment.


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ê2003 Statutes of Nevada, Page 1017 (Chapter 201, SB 70)ê

 

attachment. You may make that motion any time before trial. A hearing will be held on that motion.

 

      IF YOU DO NOT FILE THE MOTION BEFORE THE TRIAL, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE PLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS EXEMPT OR NECESSARY FOR THE SUPPORT OF YOU OR YOUR FAMILY.

________

 

CHAPTER 202, SB 83

Senate Bill No. 83–Committee on Human Resources and Facilities

 

CHAPTER 202

 

AN ACT relating to medical professionals; expanding the circumstances under which registered nurses are authorized to dispense dangerous drugs to include dispensing such drugs to patients at certain rural clinics if the nurses are providing mental health services at the rural clinics; authorizing the State Board of Pharmacy to adopt regulations to ensure that certain safeguards, including dispensing procedures, are followed to protect registered nurses who provide mental health services to patients at certain rural clinics; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 454.215 is hereby amended to read as follows:

      454.215  A dangerous drug may be dispensed by:

      1.  A registered pharmacist upon the legal prescription from a practitioner or to a pharmacy in a correctional institution upon the written order of the prescribing practitioner in charge;

      2.  A pharmacy in a correctional institution, in case of emergency, upon a written order signed by the chief medical officer;

      3.  A practitioner, or a physician assistant if authorized by the Board;

      4.  A registered nurse, when the nurse is engaged in the performance of any public health program approved by the Board;

      5.  A medical intern in the course of his internship;

      6.  An advanced practitioner of nursing who holds a certificate from the State Board of Nursing and a certificate from the State Board of Pharmacy permitting him to dispense dangerous drugs;

      7.  A registered nurse employed at an institution of the Department of Corrections to an offender in that institution; [or]

      8.  A registered pharmacist from an institutional pharmacy pursuant to regulations adopted by the Board [,] ; or

      9.  A registered nurse to a patient at a rural clinic that is designated as such pursuant to NRS 433.233 and that is operated by the Division of Mental Health and Developmental Services of the Department of Human Resources if the nurse is providing mental health services at the rural clinic,


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ê2003 Statutes of Nevada, Page 1018 (Chapter 202, SB 83)ê

 

Resources if the nurse is providing mental health services at the rural clinic,

except that no person may dispense a dangerous drug in violation of a regulation adopted by the Board.

      Sec. 2.  NRS 639.074 is hereby amended to read as follows:

      639.074  The Board may adopt such regulations as may be necessary to [assure] ensure that proper and adequate safeguards, including dispensing procedures, are followed to protect a registered [nurses who participate] nurse who:

      1.  Participates in a public health [programs] program approved by the Board [.] ; or

      2.  Provides mental health services to a patient at a rural clinic that is designated as such pursuant to NRS 433.233 and that is operated by the Division of Mental Health and Developmental Services of the Department of Human Resources.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 203, SB 89

Senate Bill No. 89–Committee on Judiciary

 

CHAPTER 203

 

AN ACT relating to criminal procedure; revising the provision governing the time in which the court may order a determination of competency; providing that the district court must determine the competency of a defendant to stand trial under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 178.405 is hereby amended to read as follows:

      178.405  [When a complaint, indictment or information is called for] Any time before trial, or when upon conviction the defendant is brought up for judgment, if doubt arises as to the competence of the defendant, the court shall suspend the trial or the pronouncing of the judgment, as the case may be, until the question of competence is determined.

      Sec. 2.  NRS 178.415 is hereby amended to read as follows:

      178.415  1.  Except as otherwise provided in this subsection, the court shall appoint two psychiatrists, two psychologists, or one psychiatrist and one psychologist, to examine the defendant. If the defendant is accused of a misdemeanor, the court of jurisdiction shall appoint a psychiatric social worker, or other person who is especially qualified by the Division of Mental Health and Developmental Services of the Department of Human Resources, to examine the defendant.

      2.  [At] Except as otherwise provided in this subsection, at a hearing in open court, the [judge shall] court that orders the examination must receive the report of the examination . [and] If a justice’s court orders the examination of a defendant who is charged with a gross misdemeanor or felony, the district court must receive the report of the examination.


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ê2003 Statutes of Nevada, Page 1019 (Chapter 203, SB 89)ê

 

      3.  The court that receives the report of the examination shall permit counsel for both sides to examine the person or persons appointed to examine the defendant. The prosecuting attorney and the defendant may introduce other evidence and cross-examine one another’s witnesses.

      [3.] 4.  The court that receives the report of the examination shall then make and enter its finding of competence or incompetence.

      Sec. 3.  This act becomes effective on July 1, 2003.

________

 

CHAPTER 204, SB 105

Senate Bill No. 105–Committee on Judiciary

 

CHAPTER 204

 

AN ACT relating to graffiti; making various changes to the provisions pertaining to the crime of placing graffiti on or otherwise defacing property; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 206.330 is hereby amended to read as follows:

      206.330  1.  Unless a greater criminal penalty is provided by a specific statute, a person who places graffiti on or otherwise defaces the public or private property, real or personal, of another, without the permission of the owner [is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the property damaged or destroyed and in no event less than a misdemeanor.] :

      (a) Where the value of the loss is less than $250, is guilty of a misdemeanor.

      (b) Where the value of the loss is $250 or more but less than $5,000, is guilty of a gross misdemeanor.

      (c) Where the value of the loss is $5,000 or more or where the damage results in the impairment of public communication, transportation or police and fire protection, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      2.  If a person commits more than one offense pursuant to a scheme or continuing course of conduct, the value of all property damaged or destroyed by that person in the commission of those offenses may be aggregated for the purpose of determining the penalty prescribed in subsection 1.

      3.  A person who violates subsection 1 shall, in addition to any other fine or penalty imposed:

      (a) For the first offense, perform not less than 50 hours, but not more than 99 hours, of community service.

      (b) For the second offense, perform not less than 100 hours, but not more than 199 hours, of community service.

      (c) For the third and each subsequent offense, perform not less than 200 hours of community service.


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ê2003 Statutes of Nevada, Page 1020 (Chapter 204, SB 105)ê

 

The community service assigned pursuant to this subsection must, if possible, be related to the abatement of graffiti.

      [3.] 4.  The parent or legal guardian of a person under the age of [17] 18 years who violates this section is liable for all fines and penalties imposed against the person. If the parent or legal guardian is unable to pay the fine and penalties resulting from a violation of this section because of financial hardship, the court may require the parent or legal guardian to perform community service.

      [4.] 5.  If a person who is 18 years of age or older is found guilty of violating this section, the court may issue an order suspending the driver’s license of the person for a period not to exceed 6 months in addition to any other penalty imposed. If such an order is issued, the court shall require the person to surrender all driver’s licenses then held by the person. If the person does not possess a driver’s license, the court may issue an order prohibiting the person from applying for a driver’s license within the 6 months immediately following the date of the order. The court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles any licenses together with a copy of the order.

      [5.] 6.  The Department of Motor Vehicles:

      (a) Shall not treat a violation of this section in the manner statutorily required for a moving traffic violation.

      (b) Shall report the suspension of a driver’s license pursuant to this section to an insurance company or its agent inquiring about the person’s driving record. An insurance company shall not use any information obtained pursuant to this paragraph for purposes related to establishing premium rates or determining whether to underwrite the insurance.

      [6.] 7.  A criminal penalty imposed pursuant to this section is in addition to any civil penalty or other remedy available pursuant to another statute for the same conduct.

      8.  As used in this section, “impairment” means the disruption of ordinary and incidental services, the temporary loss of use or the removal of the property from service for repair of damage.

      Sec. 2.  This act becomes effective on July 1, 2003.

________

 


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ê2003 Statutes of Nevada, Page 1021ê

 

CHAPTER 205, SB 186

Senate Bill No. 186–Committee on Judiciary

 

CHAPTER 205

 

AN ACT relating to child support; imposing a fee upon an obligor of child support who is subject to withholding of income by his employer; providing for the collection and administration of that fee; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 31A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The State Treasurer shall charge an obligor a fee of $2 for each withholding of income for the payment of support made by an employer pursuant to this chapter, except that the fee must not be charged to an obligor more than two times during any month.

      2.  All such fees received by the State Treasurer from employers pursuant to NRS 31A.080 must be accounted for separately in the State General Fund.

      3.  The account created pursuant to subsection 2 must be administered by the State Welfare Administrator. The money in the account must be distributed among each enforcing authority pursuant to regulations adopted by the State Welfare Administrator pursuant to NRS 425.365.

      Sec. 2.  NRS 31A.070 is hereby amended to read as follows:

      31A.070  1.  The enforcing authority shall mail, by first-class mail, a notice to withhold income to an obligor’s employer:

      (a) If the provisions of subsection 2 of NRS 31A.025 apply, immediately upon determining that the obligor is delinquent in the payment of support; or

      (b) If the provisions of subsection 2 of NRS 31A.025 do not apply, immediately upon the entry of the order of support.

      2.  If an employer of an obligor does not begin to withhold income from the obligor after receiving the notice to withhold income that was mailed pursuant to subsection 1, the enforcing authority shall mail, by certified mail, return receipt requested, another notice to withhold income to the employer.

      3.  A notice to withhold income may be issued electronically and must:

      (a) Contain the social security number of the obligor;

      (b) Specify the amount to be withheld from the income of the obligor;

      (c) Specify the [amount of the fee] amounts of the fees authorized in NRS 31A.090 [for the employer;] and required in section 1 of this act;

      (d) Describe the limitation for withholding income prescribed in NRS 31.295;

      (e) Describe the prohibition against terminating the employment of an obligor because of withholding and the penalties for wrongfully refusing to withhold pursuant to the notice to withhold income;

      (f) Specify that, pursuant to NRS 31A.160, the withholding of income to enforce an order of a court for child support has priority over other proceedings against the same money; and


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ê2003 Statutes of Nevada, Page 1022 (Chapter 205, SB 186)ê

 

      (g) Explain the duties of an employer upon the receipt of the notice to withhold income.

      Sec. 3.  NRS 31A.080 is hereby amended to read as follows:

      31A.080  An employer who receives a notice to withhold income shall:

      1.  Withhold the amount stated in the notice from the income due the obligor beginning with the first pay period that occurs within 14 days after the date the notice was mailed to the employer and continuing until the enforcing authority notifies him to discontinue the withholding;

      2.  Deliver the money withheld to the enforcing authority within 7 days after the date of each payment of the regularly scheduled payroll of the employer; [and]

      3.  Deduct from the income due the obligor after the withholding pursuant to subsection 1, the fee set forth in section 1 of this act;

      4.  Deliver to the State Treasurer, at least quarterly, all money deducted as fees pursuant to subsection 3; and

      5.  Notify the enforcing authority and the State Treasurer when the obligor subject to withholding terminates his employment, and provide the last known address of the obligor and the name of any new employer of the obligor, if known.

      Sec. 4.  NRS 31A.090 is hereby amended to read as follows:

      31A.090  1.  A notice to withhold income is binding upon any employer of an obligor to whom it is mailed. To reimburse the employer for his costs in making the withholding, he may deduct $3 from the amount paid the obligor each time he makes a withholding.

      2.  If an employer receives notices to withhold income for more than one employee, he may [pay the] consolidate the amounts of money that are payable to:

      (a) The enforcing authority [the amounts withheld] and pay those amounts with one [check, but he] check; and

      (b) The State Treasurer and pay those amounts with one check,

but the employer shall attach to [the] each check a statement identifying by name and social security number each obligor for whom payment is made and the amount transmitted for that obligor.

      3.  An employer shall cooperate with and provide relevant information to an enforcing authority as necessary to enable it to enforce an obligation of support. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages resulting from the disclosure.

      Sec. 5.  The amendatory provisions of this act apply to a withholding of income for the payment of support for a child that is withheld on or after July 1, 2003.

      Sec. 6.  This act becomes effective on July 1, 2003.

________

 


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ê2003 Statutes of Nevada, Page 1023ê

 

CHAPTER 206, SB 197

Senate Bill No. 197–Senator Wiener

 

CHAPTER 206

 

AN ACT relating to juvenile justice; repealing, reenacting, reorganizing and revising certain provisions relating to juvenile justice; reenacting certain penalties; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 5 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 39, inclusive, of this act.

      Sec. 2.  As used in this title, unless the context otherwise requires, the words and terms defined in sections 3 to 36, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Central Repository” means the Central Repository for Nevada Records of Criminal History.

      Sec. 4.  1.  “Child” means:

      (a) A person who is less than 18 years of age;

      (b) A person who is less than 21 years of age and subject to the jurisdiction of the juvenile court for an unlawful act that was committed before the person reached 18 years of age; or

      (c) A person who is otherwise subject to the jurisdiction of the juvenile court as a juvenile sex offender pursuant to the provisions of sections 186 to 192, inclusive, of this act.

      2.  The term does not include a person who is excluded from the jurisdiction of the juvenile court pursuant to section 47 of this act or a person who is certified for criminal proceedings as an adult pursuant to section 53 or 54 of this act.

      Sec. 5.  “Child in need of supervision” means a child who is adjudicated to be in need of supervision pursuant to the provisions of this title.

      Sec. 6.  “Community notification” means notification of a community pursuant to the guidelines and procedures established by the Attorney General for juvenile sex offenders pursuant to NRS 179D.800.

      Sec. 7.  1.  “Community service” means community service performed in accordance with section 93 of this act.

      2.  The term includes, but is not limited to, public service, work on public projects, supervised work for the benefit of the community or any other work required by the juvenile court.

      Sec. 8.  “Delinquent child” means a child who is adjudicated delinquent pursuant to the provisions of this title.

      Sec. 9.  “Director of juvenile services” means:

      1.  In a judicial district that does not include a county whose population is 100,000 or more, the chief probation officer who is appointed pursuant to section 63 of this act;


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ê2003 Statutes of Nevada, Page 1024 (Chapter 206, SB 197)ê

 

      2.  In a judicial district that includes a county whose population is 100,000 or more but less than 400,000, the director of juvenile services who is appointed pursuant to section 69 of this act; or

      3.  In a judicial district that includes a county whose population is 400,000 or more, the director of the department of juvenile justice services who is appointed pursuant to section 77 of this act or who is appointed pursuant to sections 82 to 87, inclusive, of this act.

      Sec. 10.  “Division of Child and Family Services” means the Division of Child and Family Services of the Department of Human Resources.

      Sec. 11.  “Division of Parole and Probation” means the Division of Parole and Probation of the Department of Public Safety.

      Sec. 12.  “Evaluation center” means a facility which is approved by the Health Division of the Department of Human Resources to provide an evaluation of an offender to a court to determine if the offender is an abuser of alcohol or another drug. The term includes a facility operated by a court or other governmental agency.

      Sec. 13.  “Family division” means the family division of the district court.

      Sec. 14.  “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.

      Sec. 15.  “Guardian” means a person, other than a parent or a state or local agency, who is legally responsible for the care, custody or support of a child.

      Sec. 16.  “Highway” means a street, road, alley or thoroughfare of any kind used by the public.

      Sec. 17.  “Indian child” has the meaning ascribed to it in 25 U.S.C. § 1903.

      Sec. 18.  “Indian Child Welfare Act” means the Indian Child Welfare Act of 1978, 25 U.S.C. §§ 1901 et seq.

      Sec. 19.  1.  “Juvenile court” means each district judge who is assigned to serve as a judge of the juvenile court pursuant to section 42 of this act or court rule.

      2.  The term includes a master who is performing an act on behalf of the juvenile court if:

      (a) The juvenile court delegates authority to the master to perform the act in accordance with the Constitution of the State of Nevada; and

      (b) The master performs the act within the limits of the authority delegated to the master.

      Sec. 20.  “Local facility for the detention of children” means a local facility for the detention or commitment of children which is administered by a county.

      Sec. 21.  “Local law enforcement agency” means:

      1.  The sheriff’s office of a county;

      2.  A metropolitan police department; or

      3.  A police department of an incorporated city.

      Sec. 22.  “Master of the juvenile court” means a person who is appointed to act as a master of the juvenile court pursuant to section 43 of this act.

      Sec. 23.  “Minor traffic offense” means a violation of any state or local law or ordinance governing the operation of a motor vehicle upon any highway within this state other than:


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ê2003 Statutes of Nevada, Page 1025 (Chapter 206, SB 197)ê

 

      1.  A violation of chapter 484 or 706 of NRS that causes the death of a person;

      2.  A violation of NRS 484.379; or

      3.  A violation declared to be a felony.

      Sec. 24.  “Parent” means a natural parent, adoptive parent or stepparent.

      Sec. 25.  “Private school” includes private elementary and secondary educational institutions. The term does not include a home in which instruction is provided to a child who is excused from compulsory attendance pursuant to subsection 1 of NRS 392.070 or a school or educational program that is conducted exclusively for children who have been adjudicated delinquent.

      Sec. 26.  “Property” includes real or personal property.

      Sec. 27.  “Public school” includes all kindergartens and elementary schools, junior high schools and middle schools, high schools, charter schools and any other schools, classes and educational programs which receive their support through public taxation and, except for charter schools, whose textbooks and courses of study are under the control of the State Board of Education. The term does not include a school or educational program that is conducted exclusively for children who have been adjudicated delinquent.

      Sec. 28.  “Qualified professional” means:

      1.  A psychiatrist licensed to practice medicine in this state and certified by the American Board of Psychiatry and Neurology, Inc.;

      2.  A psychologist licensed to practice in this state;

      3.  A social worker holding a master’s degree in social work and licensed in this state as a clinical social worker;

      4.  A registered nurse holding a master’s degree in the field of psychiatric nursing and licensed to practice professional nursing in this state; or

      5.  A marriage and family therapist licensed in this state pursuant to chapter 641A of NRS.

      Sec. 29.  1.  “Regional facility for the detention of children” means a regional facility for the detention or commitment of children which is administered by or for the benefit of more than one governmental entity.

      2.  The term includes, but is not limited to:

      (a) The institution in Clark County known as Spring Mountain Youth Camp;

      (b) The institution in Douglas County known as China Spring Youth Camp; and

      (c) The institution in Lyon County known as Western Nevada Regional Youth Facility.

      3.  The term does not include:

      (a) Any local facility for the detention of children; or

      (b) The Nevada Youth Training Center, the Caliente Youth Center or any state facility for the detention of children.

      Sec. 30.  “Restitution” means restitution ordered by the juvenile court pursuant to sections 165 to 169, inclusive, of this act.

      Sec. 31.  “School bus” includes every motor vehicle owned by or under the control of a public or governmental agency or a private school and regularly operated for the transportation of children to or from school or a school activity or privately owned and regularly operated for compensation for the transportation of children to or from school or a school activity.


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ê2003 Statutes of Nevada, Page 1026 (Chapter 206, SB 197)ê

 

compensation for the transportation of children to or from school or a school activity. The term does not include a passenger car operated under a contract to transport children to and from school, a common carrier or commercial vehicle under the jurisdiction of the Surface Transportation Board or the Transportation Services Authority when such a vehicle is operated in the regular conduct of its business in interstate or intrastate commerce within the State of Nevada.

      Sec. 32.  “Seal” means to place the records in a separate file or other repository not accessible to the public.

      Sec. 33.  “Sexually motivated act” means an unlawful act that is determined to be sexually motivated pursuant to section 179 of this act.

      Sec. 34.  1.  “State facility for the detention of children” means a state facility for the detention or commitment of children which is administered by the State of Nevada.

      2.  The term includes, but is not limited to, the Nevada Youth Training Center and the Caliente Youth Center.

      Sec. 35.  “Treatment facility” means a facility for the treatment of abuse of alcohol or drugs that is certified by the Health Division of the Department of Human Resources.

      Sec. 36.  “Youth Parole Bureau” means the Youth Parole Bureau of the Division of Child and Family Services.

      Sec. 37.  The Legislature hereby declares that:

      1.  This title must be liberally construed to the end that:

      (a) Each child who is subject to the jurisdiction of the juvenile court must receive such care, guidance and control, preferably in the child’s own home, as will be conducive to the child’s welfare and the best interests of this state; and

      (b) When a child is removed from the control of the parent or guardian of the child, the juvenile court shall secure for the child a level of care which is equivalent as nearly as possible to the care that should have been given to the child by the parent or guardian.

      2.  One of the purposes of this title is to promote the establishment, supervision and implementation of preventive programs that are designed to prevent a child from becoming subject to the jurisdiction of the juvenile court.

      Sec. 38.  Each public officer and agency shall, to the extent of the jurisdictional power of the public officer or agency, render all assistance and cooperation that may further the objects of this title.

      Sec. 39.  1.  In carrying out the objects and purposes of this title, the juvenile court may use the services and facilities of the agency which provides child welfare services.

      2.  The agency which provides child welfare services shall determine the plans, placements and services to be provided to any child pursuant to the provisions of this title, chapter 432 of NRS and NRS 432B.010 to 432B.400, inclusive.

      3.  As used in this section, “agency which provides child welfare services” means:

      (a) In a county whose population is less than 100,000, the local office of the Division of Child and Family Services; or

      (b) In a county whose population is 100,000 or more, the agency of the county,

which provides or arranges for necessary child welfare services.


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ê2003 Statutes of Nevada, Page 1027 (Chapter 206, SB 197)ê

 

      Sec. 40.  Title 5 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 41 to 56, inclusive, of this act.

      Sec. 41.  The district courts:

      1.  To the extent specified in this title, shall have and exercise jurisdiction in all proceedings conducted pursuant to this title; and

      2.  When exercising jurisdiction pursuant to the provisions of this title, shall be termed juvenile courts.

      Sec. 42.  1.  In any judicial district in which there are two or three district judges, the district judges, by mutual consent, shall:

      (a) Assign one district judge to serve as the judge of the juvenile court for a period set by the district judges; or

      (b) Divide the powers and duties set forth in this title among the district judges as they see fit.

      2.  In a judicial district which does not include a county whose population is 100,000 or more and in which there are four or more district judges:

      (a) The district judges, by mutual consent, shall assign one district judge to serve as the judge of the juvenile court for a period of 2 years; or

      (b) If the district judges cannot agree, the Chief Justice of the Supreme Court shall assign one district judge to serve as the judge of the juvenile court for a period of 2 years.

      3.  If, for any reason, a district judge who is assigned to serve as a judge of the juvenile court pursuant to this section is unable to act, any other district judge of the judicial district may act temporarily as a judge of the juvenile court during the period that the district judge who is regularly assigned is unable to act.

      4.  Each district judge who is assigned to serve as a judge of the juvenile court has all the powers and duties set forth in this title, and the primary duty of the district judge is to administer the provisions of this title.

      Sec. 43.  1.  Except as otherwise provided in this section, the juvenile court or the chief judge of the judicial district may appoint any person to act as a master of the juvenile court if the person is qualified by previous experience, training and demonstrated interest in the welfare of children to act as a master of the juvenile court.

      2.  A probation officer shall not act as a master of the juvenile court unless the proceeding concerns:

      (a) A minor traffic offense; or

      (b) A child who is alleged to be a habitual truant.

      3.  If a person is appointed to act as a master of the juvenile court, the person shall attend instruction at the National College of Juvenile and Family Law in Reno, Nevada, in a course designed for the training of new judges of the juvenile court on the first occasion when such instruction is offered after the person is appointed.

      4.  If, for any reason, a master of the juvenile court is unable to act, the juvenile court or the chief judge of the judicial district may appoint another qualified person to act temporarily as a master of the juvenile court during the period that the master who is regularly appointed is unable to act.

      5.  The compensation of a master of the juvenile court:

      (a) May not be taxed against the parties.


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      (b) Must be paid out of appropriations made for the expenses of the district court, if the compensation is fixed by the juvenile court.

      Sec. 44.  1.  The juvenile court may order a master of the juvenile court to:

      (a) Swear witnesses.

      (b) Take evidence.

      (c) Make findings of fact and recommendations.

      (d) Conduct all proceedings before the master of the juvenile court in the same manner as a district judge conducts proceedings in a district court.

      2.  Not later than 10 days after the evidence before a master of the juvenile court is closed, the master shall file with the juvenile court:

      (a) All papers relating to the case;

      (b) Written findings of fact; and

      (c) Written recommendations.

      3.  A master of the juvenile court shall provide to the parent or guardian of the child, the attorney for the child, the district attorney, and any other person concerned, written notice of:

      (a) The master’s findings of fact;

      (b) The master’s recommendations;

      (c) The right to object to the master’s recommendations; and

      (d) The right to request a hearing de novo before the juvenile court as provided in subsection 4.

      4.  After reviewing the recommendations of a master of the juvenile court and any objection to the master’s recommendations, the juvenile court shall:

      (a) Approve the master’s recommendations, in whole or in part, and order the recommended disposition;

      (b) Reject the master’s recommendations, in whole or in part, and order such relief as may be appropriate; or

      (c) Direct a hearing de novo before the juvenile court if, not later than 5 days after the master provides notice of the master’s recommendations, a person who is entitled to such notice files with the juvenile court a request for a hearing de novo before the juvenile court.

      5.  A recommendation of a master of the juvenile court is not effective until expressly approved by the juvenile court as evidenced by the signature of a judge of the juvenile court.

      Sec. 45.  The juvenile court does not have jurisdiction over a child who is subject to the exclusive jurisdiction of an Indian tribe.

      Sec. 46.  1.  Except as otherwise provided in this title, the juvenile court has exclusive original jurisdiction in proceedings concerning any child living or found within the county who is alleged or adjudicated to be in need of supervision because the child:

      (a) Is subject to compulsory school attendance and is a habitual truant from school;

      (b) Habitually disobeys the reasonable and lawful demands of the parent or guardian of the child and is unmanageable; or

      (c) Deserts, abandons or runs away from the home or usual place of abode of the child and is in need of care or rehabilitation.

      2.  A child who is subject to the jurisdiction of the juvenile court pursuant to this section must not be considered a delinquent child.


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      Sec. 47.  1.  Except as otherwise provided in this title, the juvenile court has exclusive original jurisdiction over a child living or found within the county who is alleged or adjudicated to have committed a delinquent act.

      2.  For the purposes of this section, a child commits a delinquent act if the child:

      (a) Violates a county or municipal ordinance;

      (b) Violates any rule or regulation having the force of law; or

      (c) Commits an act designated a criminal offense pursuant to the laws of the State of Nevada.

      3.  For the purposes of this section, each of the following acts shall be deemed not to be a delinquent act, and the juvenile court does not have jurisdiction over a person who is charged with committing such an act:

      (a) Murder or attempted murder and any other related offense arising out of the same facts as the murder or attempted murder, regardless of the nature of the related offense.

      (b) Sexual assault or attempted sexual assault involving the use or threatened use of force or violence against the victim and any other related offense arising out of the same facts as the sexual assault or attempted sexual assault, regardless of the nature of the related offense, if:

             (1) The person was 16 years of age or older when the sexual assault or attempted sexual assault was committed; and

             (2) Before the sexual assault or attempted sexual assault was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.

      (c) An offense or attempted offense involving the use or threatened use of a firearm and any other related offense arising out of the same facts as the offense or attempted offense involving the use or threatened use of a firearm, regardless of the nature of the related offense, if:

             (1) The person was 16 years of age or older when the offense or attempted offense involving the use or threatened use of a firearm was committed; and

             (2) Before the offense or attempted offense involving the use or threatened use of a firearm was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.

      (d) A felony resulting in death or substantial bodily harm to the victim and any other related offense arising out of the same facts as the felony, regardless of the nature of the related offense, if:

             (1) The felony was committed on the property of a public or private school when pupils or employees of the school were present or may have been present, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties; and

             (2) The person intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.

      (e) Any other offense if, before the offense was committed, the person previously had been convicted of a criminal offense.

      Sec. 48.  The juvenile court has exclusive original jurisdiction over any child who is:

      1.  On probation; or


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      2.  Released on parole from a state facility for the detention of children and who violates any condition of the child’s parole.

      Sec. 49.  1.  If the juvenile court exercises jurisdiction over a child regarding any matter within the purview of this title, another court may not exercise jurisdiction over the child regarding that matter, unless the juvenile court:

      (a) Certifies the child for proper criminal proceedings as an adult pursuant to the provisions of this title; or

      (b) Transfers the case to another court pursuant to the provisions of this title.

      2.  The provisions of this title do not deprive another court of the right to determine:

      (a) The custody of the child upon a writ of habeas corpus; or

      (b) The custody or guardianship of the child in a case involving divorce or problems of domestic relations.

      Sec. 50.  Except as otherwise provided in sections 181 and 188 of this act, if a child is subject to the jurisdiction of the juvenile court, the juvenile court:

      1.  May terminate its jurisdiction concerning the child at any time, either on its own volition or for good cause shown; or

      2.  May retain jurisdiction over the child until the child reaches 21 years of age.

      Sec. 51.  1.  Except as otherwise provided in this title, a court shall transfer a case and record to the juvenile court if, during the pendency of a proceeding involving a criminal offense, it is ascertained that the person who is charged with the offense was less than 18 years of age when the person allegedly committed the offense.

      2.  A court shall not transfer a case and record to the juvenile court if the proceeding involves a criminal offense excluded from the original jurisdiction of the juvenile court pursuant to section 47 of this act.

      3.  A court making a transfer pursuant to this section shall:

      (a) Order the child to be taken immediately to the place of detention designated by the juvenile court;

      (b) Order the child to be taken immediately to appear before the juvenile court; or

      (c) Release the child to the custody of a suitable person and order the child to be brought before the juvenile court at a time designated by the juvenile court.

      Sec. 52.  1.  If a child is charged with a minor traffic offense, the juvenile court may transfer the case and record to a justice’s court or municipal court if the juvenile court determines that the transfer is in the best interests of the child.

      2.  If a case is transferred pursuant to this section:

      (a) The restrictions set forth in section 113 of this act are applicable in those proceedings; and

      (b) A parent or guardian must accompany the child at all proceedings.

      3.  If the juvenile court transfers a case and record to a justice’s court or municipal court pursuant to this section, the justice’s court or municipal court may transfer the case and record back to the juvenile court with the consent of the juvenile court.

      Sec. 53.  1.  Except as otherwise provided in subsection 2 and section 54 of this act, upon a motion by the district attorney and after a full investigation, the juvenile court may certify a child for proper criminal proceedings as an adult to any court that would have jurisdiction to try the offense if committed by an adult, if the child:


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ê2003 Statutes of Nevada, Page 1031 (Chapter 206, SB 197)ê

 

investigation, the juvenile court may certify a child for proper criminal proceedings as an adult to any court that would have jurisdiction to try the offense if committed by an adult, if the child:

      (a) Is charged with an offense that would have been a felony if committed by an adult; and

      (b) Was 14 years of age or older at the time the child allegedly committed the offense.

      2.  Except as otherwise provided in subsection 3, upon a motion by the district attorney and after a full investigation, the juvenile court shall certify a child for proper criminal proceedings as an adult to any court that would have jurisdiction to try the offense if committed by an adult, if the child:

      (a) Is charged with:

             (1) A sexual assault involving the use or threatened use of force or violence against the victim; or

             (2) An offense or attempted offense involving the use or threatened use of a firearm; and

      (b) Was 14 years of age or older at the time the child allegedly committed the offense.

      3.  The juvenile court shall not certify a child for criminal proceedings as an adult pursuant to subsection 2 if the juvenile court specifically finds by clear and convincing evidence that:

      (a) The actions of the child were substantially the result of the substance abuse or emotional or behavioral problems of the child; and

      (b) The substance abuse or emotional or behavioral problems may be appropriately treated through the jurisdiction of the juvenile court.

      4.  If a child is certified for criminal proceedings as an adult pursuant to subsection 1 or 2, the juvenile court shall also certify the child for criminal proceedings as an adult for any other related offense arising out of the same facts as the offense for which the child was certified, regardless of the nature of the related offense.

      5.  If a child has been certified for criminal proceedings as an adult pursuant to subsection 1 or 2 and the child’s case has been transferred out of the juvenile court:

      (a) The court to which the case has been transferred has original jurisdiction over the child;

      (b) The child may petition for transfer of the case back to the juvenile court only upon a showing of exceptional circumstances; and

      (c) If the child’s case is transferred back to the juvenile court, the juvenile court shall determine whether the exceptional circumstances warrant accepting jurisdiction.

      Sec. 54.  1.  A child shall be deemed to be a prisoner who has escaped or attempted to escape from lawful custody in violation of NRS 212.090, and proceedings may be brought against the child pursuant to the provisions of this section, if the child:

      (a) Is committed to or otherwise is placed in a public or private facility for the detention or correctional care of children, including, but not limited to, all state, regional and local facilities for the detention of children; and

      (b) Escapes or attempts to escape from such a facility.

      2.  Upon a motion by the district attorney and after a full investigation, the juvenile court may certify the child for criminal proceedings as an adult pursuant to subsection 1 of section 53 of this act if the child was 14 years of age or older at the time of the escape or attempted escape and:


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ê2003 Statutes of Nevada, Page 1032 (Chapter 206, SB 197)ê

 

adult pursuant to subsection 1 of section 53 of this act if the child was 14 years of age or older at the time of the escape or attempted escape and:

      (a) The child was committed to or placed in the facility from which the child escaped or attempted to escape because the child had been charged with or had been adjudicated delinquent for an unlawful act that would have been a felony if committed by an adult; or

      (b) The child or another person aiding the child used a dangerous weapon to facilitate the escape or attempted escape.

      3.  If the child is certified for criminal proceedings as an adult pursuant to subsection 2, the juvenile court shall also certify the child for criminal proceedings as an adult for any other related offense arising out of the same facts as the escape or attempted escape, regardless of the nature of the related offense.

      4.  If the child is not certified for criminal proceedings as an adult pursuant to subsection 2 or otherwise is not subject to the provisions of subsection 2, the escape or attempted escape shall be deemed to be a delinquent act, and proceedings may be brought against the child pursuant to the provisions of this title.

      Sec. 55.  1.  The juvenile court has jurisdiction over adults to the extent that such jurisdiction is incidental and necessary to its jurisdiction over children.

      2.  A stepparent of a child is subject to the same court orders as a natural parent or adoptive parent of the child.

      3.  An adult who is subject to the jurisdiction of the juvenile court:

      (a) Is subject to the provisions of section 56 of this act; and

      (b) Has available to him all the rights, remedies and writs guaranteed by the Constitution of the United States and the Constitution and the laws of this state to a defendant who is charged with having committed a criminal offense in this state.

      Sec. 56.  1.  Any person, except a child, who willfully violates, neglects or refuses to obey the terms of any order of disposition made by the juvenile court under the provisions of this title is guilty of a misdemeanor and may be punished for contempt.

      2.  Except as otherwise provided in this section, if the juvenile court determines that a person is guilty of contempt, the person may be punished by:

      (a) A fine, not to exceed $500; or

      (b) Imprisonment, not to exceed 25 days,

or both.

      3.  The juvenile court may punish a person who is guilty of contempt by imprisonment for more than 25 days if:

      (a) The person is guilty of contempt for refusing to perform an act and the person has the power to perform the act; and

      (b) The juvenile court specifies the act the person must perform in the warrant of commitment.

      4.  A person punished pursuant to subsection 3 may be imprisoned until the person performs the act specified in the warrant of commitment.

      Sec. 57.  Title 5 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 58 to 94, inclusive, of this act.

      Sec. 58.  1.  In any county where it is deemed advisable, the juvenile court may establish a youth services commission.


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ê2003 Statutes of Nevada, Page 1033 (Chapter 206, SB 197)ê

 

      2.  Each youth services commission must consist of five persons appointed by the juvenile court.

      3.  In conjunction with the Division of Child and Family Services, the youth services commission shall advise the juvenile court, the Legislature, the Governor and the governing bodies of each city and the county to:

      (a) Determine the extent to which various departments, agencies and organizations may wish to cooperate in a common effort to coordinate their existing programs and develop new programs to reduce the incidence of juvenile delinquency;

      (b) Develop necessary formal agreements among those departments, agencies and organizations, including agreements involving the joint exercise of power;

      (c) Initiate, where feasible, other special projects for the prevention of delinquency through the use and coordination of existing resources within the community; and

      (d) Seek and secure money and resources to carry out the purposes of the youth services commission.

      Sec. 59.  The provisions of sections 59 to 65, inclusive, of this act apply to a judicial district which does not include a county whose population is 100,000 or more.

      Sec. 60.  1.  By an order entered in the minutes, the juvenile court shall:

      (a) Appoint five representative citizens of good moral character to be known as the probation committee; and

      (b) If any member of the probation committee vacates or is removed from his position before the end of his term, appoint a person to fill the vacancy not later than 30 days after the date on which the vacancy occurs.

      2.  The clerk of the court shall notify each person who is appointed to the probation committee. The notice of appointment must instruct the person to appear before the juvenile court not later than 10 days after the date the notice is sent.

      3.  Each person who is appointed to the probation committee shall:

      (a) Appear before the juvenile court not later than the time specified by the notice of appointment; and

      (b) Qualify by taking an oath to perform faithfully the duties of a member of the probation committee. The taking of the oath must be entered in the records of the juvenile court.

      4.  Except as otherwise provided in this section, the juvenile court shall appoint persons to the probation committee for the following terms:

      (a) For the initial terms of the members:

             (1) One member must be appointed for a term of 1 year;

             (2) Two members must be appointed for terms of 2 years; and

             (3) Two members must be appointed for terms of 3 years.

      (b) For the terms following the initial terms, each member must be appointed for a term of 3 years.

      5.  If a person is appointed to fill a vacancy before the end of a term, the juvenile court shall appoint the person for the remainder of the unexpired term.

      6.  The juvenile court may at any time remove for cause any member of the probation committee.

      7.  Members of the probation committee shall:

      (a) Serve without compensation; and


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      (b) Choose from among their members a chairman and a secretary.

      Sec. 61.  1.  The probation committee shall:

      (a) Advise the juvenile court upon its request.

      (b) In conjunction with the juvenile court and the chief probation officer, advise on any matter concerning the control and management of any local facility for the detention of children.

      (c) Upon the request of the juvenile court, investigate the facilities, resources and management of any person or entity, other than a state agency, that applies to receive or receives children under this title and report its findings, conclusions and recommendations to the juvenile court.

      (d) Prepare an annual report of its activities, investigations, findings and recommendations and file the annual report with the juvenile court and with the clerk of the court as a public document.

      (e) Advise the juvenile court and make recommendations concerning:

             (1) The appointment of employees that the probation committee deems necessary for the operation and management of the probation department and each local facility for the detention of children.

             (2) The establishment of policies, procedures and standards for the proper performance of the duties and responsibilities of probation officers, the employees of the probation department and the employees of each local facility for the detention of children.

      2.  The probation committee may:

      (a) If it deems necessary or proper, investigate any local facility for the detention of children and report its findings, conclusions and recommendations to the juvenile court.

      (b) Upon a majority vote of its members, recommend the removal or discharge of any probation officer.

      Sec. 62.  1.  The juvenile court shall appoint:

      (a) One or more probation officers.

      (b) Other employees as may be required to carry on the work of the probation department and each local facility for the detention of children.

      2.  The appointment of the probation officers, the employees of the probation department and the employees of each local facility for the detention of children must be made from lists of eligible persons established through competitive examinations.

      3.  With the advice of the probation committee, the juvenile court shall establish policies, procedures and standards for the proper performance of the duties and responsibilities of the probation officers, the employees of the probation department and the employees of each local facility for the detention of children.

      4.  With the advice of the probation committee and consent of the board or boards of county commissioners, the juvenile court shall determine the salaries of the probation officers, the employees of the probation department and the employees of each local facility for the detention of children.

      5.  If the juvenile court serves two or more counties, the juvenile court:

      (a) May appoint the probation officers to serve the counties jointly; and

      (b) Shall allocate the salaries and expenses of the probation officers between the counties.


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      6.  The board or boards of county commissioners shall make every reasonable effort to provide sufficient personnel and support for the probation department to uphold the concept of separation of powers in the court process.

      Sec. 63.  1.  The juvenile court shall appoint one probation officer as the chief probation officer.

      2.  Under the general supervision of the juvenile court and with the advice of the probation committee, the chief probation officer shall:

      (a) Organize, direct and develop the administrative work, including, but not limited to, the social, financial and clerical work, of the probation department and each local facility for the detention of children; and

      (b) Perform such other duties as the juvenile court directs.

      Sec. 64.  1.  Pursuant to the provisions of this section, the juvenile court may demote or discharge any probation officer, employee of the probation department or employee of a local facility for the detention of children.

      2.  Before the juvenile court may demote or discharge a probation officer or employee, the juvenile court shall provide to the probation officer or employee:

      (a) A written statement of the reasons for the demotion or discharge; and

      (b) An opportunity to be heard before the juvenile court regarding the demotion or discharge.

      Sec. 65.  All information obtained in the discharge of an official duty by an officer or employee of the juvenile court is privileged and must not be disclosed other than to the juvenile court or any person who is authorized to receive that information pursuant to the provisions of this title, unless otherwise ordered by the juvenile court.

      Sec. 66.  The provisions of sections 66 to 73, inclusive, of this act apply to a judicial district which includes a county whose population is 100,000 or more but less than 400,000.

      Sec. 67.  1.  By an order entered in the minutes, the juvenile court shall:

      (a) Appoint not less than five nor more than seven representative citizens of good moral character to be known as the committee for juvenile services; and

      (b) If any member of the committee for juvenile services vacates or is removed from his position before the end of his term, appoint a person to fill the vacancy not later than 30 days after the date on which the vacancy occurs.

      2.  The clerk of the court shall notify each person who is appointed to the committee for juvenile services. The notice of appointment must instruct the person to appear before the juvenile court not later than 10 days after the date the notice is sent.

      3.  Each person who is appointed to the committee for juvenile services shall:

      (a) Appear before the juvenile court not later than the time specified by the notice of appointment; and

      (b) Qualify by taking an oath to perform faithfully the duties of a member of the committee for juvenile services. The taking of the oath must be entered in the records of the juvenile court.


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ê2003 Statutes of Nevada, Page 1036 (Chapter 206, SB 197)ê

 

      4.  Except as otherwise provided in this section, the juvenile court shall appoint persons to the committee for juvenile services for a term of 3 years.

      5.  If a person is appointed to fill a vacancy before the end of a term, the juvenile court shall appoint the person for the remainder of the unexpired term.

      6.  The juvenile court may at any time remove for cause any member of the committee for juvenile services.

      7.  Any member who is absent from three consecutive meetings of the committee for juvenile services without permission of the chairman:

      (a) Forfeits his office; and

      (b) Must be replaced as provided in this section for the filling of a vacancy before the end of a term.

      8.  Members of the committee for juvenile services shall:

      (a) Serve without compensation; and

      (b) Choose from among their members a chairman and a secretary.

      Sec. 68.  1.  The committee for juvenile services shall:

      (a) Advise the juvenile court upon its request.

      (b) In conjunction with the director of juvenile services and the chief probation officer, advise on any matter concerning the control and management of any local facility for the detention of children.

      (c) Upon the request of the director of juvenile services, investigate the facilities, resources and management of any person or entity, other than a state agency, that applies to receive or receives children under this title and report its findings, conclusions and recommendations to the director of juvenile services.

      (d) Prepare an annual report of its activities, investigations, findings and recommendations and file the annual report with the juvenile court and with the clerk of the court as a public document.

      (e) Advise the director of juvenile services and make recommendations concerning:

             (1) The appointment of employees that the committee for juvenile services deems necessary for the operation and management of the department of juvenile services and each local facility for the detention of children.

             (2) The establishment of policies, procedures and standards for the proper performance of the duties and responsibilities of probation officers, the employees of the department of juvenile services and the employees of each local facility for the detention of children.

      (f) Act as a hearing board pursuant to the provisions of section 72 of this act.

      2.  The committee for juvenile services may, if it deems necessary or proper, investigate any local facility for the detention of children and report its findings, conclusions and recommendations to the director of juvenile services.

      Sec. 69.  1.  From a list of candidates recommended by the committee for juvenile services, the juvenile court shall appoint a director of juvenile services.

      2.  The director of juvenile services:

      (a) Is directly responsible to the juvenile court and shall administer the functions of the juvenile court.


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      (b) Shall coordinate the services of and serve as liaison between the juvenile court and all agencies in the judicial district dealing with children, including, but not limited to:

             (1) The Division of Child and Family Services;

             (2) The public schools of the judicial district;

             (3) All law enforcement agencies of the judicial district;

             (4) The committee for juvenile services of the judicial district;

             (5) The department of juvenile services of the judicial district; and

             (6) All local facilities for the detention of children within the judicial district.

      (c) May carry out preventive programs relating to juvenile delinquency.

      3.  The director of juvenile services serves at the pleasure of the juvenile court and is subject to removal or discharge by the juvenile court. Before the juvenile court may remove or discharge the director of juvenile services, the juvenile court shall provide to the director:

      (a) A written statement of the reasons for the removal or discharge; and

      (b) An opportunity to be heard before the juvenile court regarding the removal or discharge.

      4.  The director of juvenile services is entitled to such staff or employees to assist in the performance of the duties of the director as is advised by the committee for juvenile services, approved by the juvenile court, and consented to by the board or boards of county commissioners.

      5.  With the advice of the committee for juvenile services and the consent of the board or boards of county commissioners, the juvenile court shall determine the salary of the director of juvenile services.

      Sec. 70.  1.  With the advice of the committee for juvenile services, the director of juvenile services shall appoint:

      (a) One or more probation officers.

      (b) Other employees as may be required to carry on the work of the department of juvenile services and each local facility for the detention of children.

      2.  The appointment of the probation officers, the employees of the department of juvenile services and the employees of each local facility for the detention of children must be made from lists of eligible persons established through competitive examinations.

      3.  With the advice of the committee for juvenile services, the director of juvenile services shall establish policies, procedures and standards for the proper performance of the duties and responsibilities of the probation officers, the employees of the department of juvenile services and the employees of each local facility for the detention of children.

      4.  With the advice of the committee for juvenile services, approval of the juvenile court and consent of the board or boards of county commissioners, the director of juvenile services shall determine the salaries of the probation officers, the employees of the department of juvenile services and the employees of each local facility for the detention of children.

      5.  If the director of juvenile services serves two or more counties, the director:

      (a) May appoint the probation officers to serve the counties jointly; and


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ê2003 Statutes of Nevada, Page 1038 (Chapter 206, SB 197)ê

 

      (b) Shall allocate the salaries and expenses of the probation officers between the counties.

      Sec. 71.  1.  The director of juvenile services shall appoint one probation officer as the chief probation officer.

      2.  Under the general supervision of the director of juvenile services and with the advice of the committee for juvenile services, the chief probation officer shall:

      (a) Organize, direct and develop the administrative work, including, but not limited to, the social, financial and clerical work, of the department of juvenile services and each local facility for the detention of children; and

      (b) Perform such other duties as the director of juvenile services directs.

      Sec. 72.  1.  Pursuant to the provisions of this section, the director of juvenile services may demote or dismiss, only for cause, any probation officer, employee of the department of juvenile services or employee of a local facility for the detention of children.

      2.  Before the director of juvenile services may demote a probation officer or employee, the director shall provide to the probation officer or employee:

      (a) A written statement of the reasons for the demotion; and

      (b) An opportunity to be heard before the director regarding the demotion.

      3.  Before the director of juvenile services may dismiss a probation officer or employee with less than 12 months of service, the director shall provide to the probation officer or employee:

      (a) A written statement of the reasons for the dismissal; and

      (b) An opportunity to be heard before the director regarding the dismissal.

      4.  If a probation officer or employee with 12 months or more of service is dismissed pursuant to this section:

      (a) Not later than 15 days after his dismissal, the probation officer or employee may request a written statement from the director of juvenile services specifically setting forth the reasons for the dismissal. The director shall provide the written statement to the probation officer or employee not later than 15 days after the date of the request.

      (b) Not later than 30 days after receipt of the written statement from the director, the probation officer or employee may make a written request for a public hearing before the committee for juvenile services. The committee for juvenile services shall adopt rules for the conduct of such public hearings.

      (c) The probation officer or employee may appeal the decision of the committee for juvenile services to the board or boards of county commissioners.

      Sec. 73.  All information obtained in the discharge of an official duty by an officer or employee of the juvenile court is privileged and must not be disclosed other than to the juvenile court, the director of juvenile services or any person who is authorized to receive that information pursuant to the provisions of this title, unless otherwise ordered by the juvenile court or permitted by the director.

      Sec. 74.  The provisions of sections 74 to 81, inclusive, of this act apply to a judicial district which includes a county whose population is 400,000 or more, if a department of juvenile justice services has not been established by ordinance pursuant to sections 82 to 87, inclusive, of this act.


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ê2003 Statutes of Nevada, Page 1039 (Chapter 206, SB 197)ê

 

400,000 or more, if a department of juvenile justice services has not been established by ordinance pursuant to sections 82 to 87, inclusive, of this act.

      Sec. 75.  1.  By an order entered in the minutes, the juvenile court shall:

      (a) Appoint not less than five nor more than seven representative citizens of good moral character to be known as the probation committee; and

      (b) If any member of the probation committee vacates or is removed from his position before the end of his term, appoint a person to fill the vacancy not later than 30 days after the date on which the vacancy occurs.

      2.  The clerk of the court shall notify each person who is appointed to the probation committee. The notice of appointment must instruct the person to appear before the juvenile court not later than 10 days after the date the notice is sent.

      3.  Each person who is appointed to the probation committee shall:

      (a) Appear before the juvenile court not later than the time specified by the notice of appointment; and

      (b) Qualify by taking an oath to perform faithfully the duties of a member of the probation committee. The taking of the oath must be entered in the records of the juvenile court.

      4.  Except as otherwise provided in this section, the juvenile court shall appoint persons to the probation committee for the following terms:

      (a) For the initial terms of the members:

             (1) One member must be appointed for a term of 1 year;

             (2) Two members must be appointed for terms of 2 years; and

             (3) Two members must be appointed for terms of 3 years.

      (b) For the terms following the initial terms, each member must be appointed for a term of 3 years.

      5.  If a person is appointed to fill a vacancy before the end of a term, the juvenile court shall appoint the person for the remainder of the unexpired term.

      6.  The juvenile court may at any time remove for cause any member of the probation committee.

      7.  Any member who is absent from three consecutive meetings of the probation committee without permission of the chairman:

      (a) Forfeits his office; and

      (b) Must be replaced as provided in this section for the filling of a vacancy before the end of a term.

      8.  Members of the probation committee shall:

      (a) Serve without compensation; and

      (b) Choose from among their members a chairman and a secretary.

      Sec. 76.  1.  The probation committee shall:

      (a) Advise the juvenile court upon its request.

      (b) In conjunction with the director of the department of juvenile justice services and the chief probation officer, advise on any matter concerning the control and management of any local facility for the detention of children.

      (c) Upon the request of the director of the department of juvenile justice services, investigate the facilities, resources and management of any person or entity, other than a state agency, that applies to receive or receives children under this title and report its findings, conclusions and recommendations to the juvenile court.


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ê2003 Statutes of Nevada, Page 1040 (Chapter 206, SB 197)ê

 

receives children under this title and report its findings, conclusions and recommendations to the juvenile court.

      (d) Prepare an annual report of its activities, investigations, findings and recommendations and file the annual report with the juvenile court and with the clerk of the court as a public document.

      (e) Advise the director of the department of juvenile justice services and make recommendations concerning:

             (1) The appointment of employees that the probation committee deems necessary for the operation and management of the probation department and each local facility for the detention of children.

             (2) The establishment of policies, procedures and standards for the proper performance of the duties and responsibilities of probation officers, the employees of the probation department and the employees of each local facility for the detention of children.

      (f) Act as a hearing board pursuant to the provisions of section 80 of this act.

      2.  The probation committee may, if it deems as proper or necessary, investigate any local facility for the detention of children and report its findings, conclusions and recommendations to the juvenile court.

      Sec. 77.  1.  From a list of candidates recommended by the probation committee, the juvenile court shall appoint a director of the department of juvenile justice services.

      2.  The director of the department of juvenile justice services:

      (a) Is directly responsible to the juvenile court and shall administer the functions of the juvenile court.

      (b) Shall coordinate the services of and serve as liaison between the juvenile court and all agencies in the judicial district dealing with children, including, but not limited to:

             (1) The Division of Child and Family Services;

             (2) The public schools of the judicial district;

             (3) All law enforcement agencies of the judicial district;

             (4) The probation committee; and

             (5) All local facilities for the detention of children within the judicial district.

      (c) May carry out preventive programs relating to juvenile delinquency.

      3.  The director of the department of juvenile justice services serves at the pleasure of the juvenile court and is subject to removal or discharge by the juvenile court. Before the juvenile court may remove or discharge the director of the department of juvenile justice services, the juvenile court shall provide to the director:

             (1) A written statement of the reasons for the removal or discharge; and

             (2) An opportunity to be heard before the juvenile court regarding the removal or discharge.

      4.  The director of the department of juvenile justice services is entitled to such staff or employees to assist in the performance of the duties of the director as is advised by the probation committee, approved by the juvenile court, and consented to by the board or boards of county commissioners.

      5.  With the advice of the probation committee and the consent of the board or boards of county commissioners of the county or counties, the juvenile court shall determine the salary of the director of the department of juvenile justice services.


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ê2003 Statutes of Nevada, Page 1041 (Chapter 206, SB 197)ê

 

juvenile court shall determine the salary of the director of the department of juvenile justice services.

      Sec. 78.  1.  With the advice of the probation committee, the director of the department of juvenile justice services shall appoint:

      (a) One or more probation officers.

      (b) Other employees as may be required to carry on the work of the probation department and each local facility for the detention of children.

      2.  The appointment of the probation officers, the employees of the department of juvenile justice services and the employees of each local facility for the detention of children must be made from lists of eligible persons established through competitive examinations.

      3.  With the advice of the probation committee, the director of the department of juvenile justice services shall establish policies, procedures and standards for the proper performance of the duties and responsibilities of the probation officers, the employees of the department of juvenile justice services and the employees of each local facility for the detention of children.

      4.  With the advice of the probation committee, approval of the juvenile court and consent of the board or boards of county commissioners, the director of the department of juvenile justice services shall determine the salaries of the probation officers, the employees of the department of juvenile justice services and the employees of each local facility for the detention of children.

      5.  If the director of the department of juvenile justice services serves two or more counties, the director:

      (a) May appoint the probation officers to serve the counties jointly; and

      (b) Shall allocate the salaries and expenses of the probation officers between the counties.

      Sec. 79.  1.  The director of the department of juvenile justice services shall appoint one probation officer as the chief probation officer.

      2.  Under the general supervision of the director of the department of juvenile justice services and with the advice of the probation committee, the chief probation officer shall:

      (a) Organize, direct and develop the administrative work, including, but not limited to, the social, financial and clerical work, of the department of juvenile justice services and each local facility for the detention of children; and

      (b) Perform such other duties as the director of the department of juvenile justice services directs.

      Sec. 80.  1.  Pursuant to the provisions of this section, the director of the department of juvenile justice services may demote or dismiss, only for cause, any probation officer, employee of the department of juvenile justice services or employee of a local facility for the detention of children.

      2.  Before the director of the department of juvenile justice services may demote a probation officer or employee, the director shall provide to the probation officer or employee:

      (a) A written statement of the reasons for the demotion; and

      (b) An opportunity to be heard before the director regarding the demotion.


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ê2003 Statutes of Nevada, Page 1042 (Chapter 206, SB 197)ê

 

      3.  Before the director of the department of juvenile justice services may dismiss a probation officer or employee with less than 12 months of service, the director shall provide to the probation officer or employee:

      (a) A written statement of the reasons for the dismissal; and

      (b) An opportunity to be heard before the director regarding the dismissal.

      4.  If a probation officer or employee with 12 months or more of service is dismissed pursuant to this section:

      (a) Not later than 15 days after his dismissal, the probation officer or employee may request a written statement from the director of the department of juvenile justice services specifically setting forth the reasons for the dismissal. The director shall provide the written statement to the probation officer or employee not later than 15 days after the date of the request.

      (b) Not later than 30 days after receipt of the written statement from the director, the probation officer or employee may make a written request for a public hearing before the probation committee. The probation committee shall adopt rules for the conduct of such public hearings.

      (c) The probation officer or employee may appeal the decision of the probation committee to the board or boards of county commissioners.

      Sec. 81.  All information obtained in the discharge of an official duty by an officer or employee of the juvenile court is privileged and must not be disclosed other than to the juvenile court, the director of the department of juvenile justice services or any person who is authorized to receive that information pursuant to the provisions of this title, unless otherwise ordered by the juvenile court or permitted by the director.

      Sec. 82.  1.  The provisions of sections 82 to 87, inclusive, of this act apply only to a county:

      (a) Whose population is 400,000 or more; and

      (b) Which constitutes a judicial district.

      2.  If a department of juvenile justice services has been established by ordinance in a judicial district pursuant to sections 82 to 87, inclusive, of this act, the provisions of sections 74 to 81, inclusive, of this act do not apply to that judicial district for the period the ordinance is in effect.

      Sec. 83.  1.  The board of county commissioners may establish by ordinance a department of juvenile justice services.

      2.  The department of juvenile justice services:

      (a) Shall administer the provisions of services relating to the delinquency and the abuse and neglect of children with respect to matters arising pursuant to the provisions of this title; and

      (b) May carry out programs relating to the prevention of juvenile delinquency.

      3.  The board of county commissioners may appoint a director of the department of juvenile justice services. The director serves at the pleasure of the board.

      Sec. 84.  1.  The board of county commissioners may provide for the appointment of:

      (a) One or more probation officers;

      (b) One or more assistant probation officers; and

      (c) Other employees as may be necessary to carry out the duties of the department of juvenile justice services.


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ê2003 Statutes of Nevada, Page 1043 (Chapter 206, SB 197)ê

 

      2.  Probation officers, assistant probation officers and other employees authorized pursuant to this section are:

      (a) Employees of the county who are subject to the provisions of the merit personnel system unless exempt pursuant to NRS 245.216; and

      (b) Local government employees for the purposes of chapter 288 of NRS.

      3.  Probation officers, assistant probation officers and other employees hired before the effective date of the ordinance establishing the department of juvenile justice services may be dismissed only for cause.

      4.  All information obtained in the discharge of an official duty by a probation officer, assistant probation officer or other employee of the department of juvenile justice services is privileged and must not be disclosed other than to the juvenile court, the director of the department of juvenile justice services or any person who is authorized to receive that information pursuant to the provisions of this title, unless otherwise ordered by the juvenile court or permitted by the director.

      Sec. 85.  1.  The board of county commissioners of a county which establishes a department of juvenile justice services shall establish by ordinance a joint board consisting of five members.

      2.  The joint board consists of:

      (a) Three representatives of the district judges designated by the judges of the judicial district from among their members; and

      (b) Two representatives of the board of county commissioners designated by the board from among its members.

      3.  The duties of the joint board must include, but are not limited to:

      (a) Acting as a liaison between the board of county commissioners and the district court; and

      (b) Making recommendations to the board of county commissioners concerning the facilities, resources, operation and management of the department of juvenile justice services.

      4.  The district judges serving as members of the joint board may withdraw from participating in the board by giving written notice of their intent to withdraw to the board of county commissioners.

      Sec. 86.  1.  The board of county commissioners of a county which establishes a department of juvenile justice services shall establish by ordinance a citizen’s advisory committee to advise the joint board established pursuant to section 85 of this act.

      2.  The ordinance establishing the citizen’s advisory committee must include:

      (a) The name of the committee;

      (b) The number of members of the committee;

      (c) The terms of the members; and

      (d) The duties of the committee.

      3.  The citizen’s advisory committee may offer the opinions and recommendations of the residents of the county and give advice and make recommendations to the joint board concerning the facilities, services and resources provided by the department of juvenile justice services.

      Sec. 87.  The ordinances establishing the department of juvenile justice services, the joint board and the citizen’s advisory committee shall be deemed repealed 6 months after the effective date of the notice, unless an earlier date is prescribed by the board of county commissioners.


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ê2003 Statutes of Nevada, Page 1044 (Chapter 206, SB 197)ê

 

      Sec. 88.  1.  A program of sports or physical fitness and a program for the arts:

      (a) May be publicly or privately operated; and

      (b) Must be adequately supervised.

      2.  A program for the arts may include, but is not limited to:

      (a) Drawing, painting, photography or other visual arts;

      (b) Writing;

      (c) Musical, dance or theatrical performance; and

      (d) Any other structured activity that involves creative or artistic expression.

      Sec. 89.  1.  A program of cognitive training and human development must include, but is not limited to, education, instruction or guidance in one or more of the following subjects, as deemed appropriate by the juvenile court:

      (a) Motivation.

      (b) Habits, attitudes and conditioning.

      (c) Self-conditioning processes.

      (d) Developing a successful way of life.

      (e) The process of solving problems.

      (f) Emotions and emotional blocks.

      (g) Assurances and demonstrative maturity.

      (h) Family success.

      (i) Family relationships.

      (j) Interfamilial understanding and communications.

      (k) Financial stability.

      (l) Effective communications.

      (m) Conflict resolution.

      (n) Anger management.

      (o) Obtaining and retaining employment.

      2.  A director of juvenile services may contract with persons and public or private entities that are qualified to operate or to participate in a program of cognitive training and human development.

      3.  A director of juvenile services may designate a person to carry out the provisions of this section.

      Sec. 90.  1.  To finance a program of cognitive training and human development established pursuant to section 89 of this act, a director of juvenile services may establish, with the county treasurer as custodian, a special fund to be known as the cognitive training and human development fund.

      2.  A director of juvenile services may apply for and accept grants, gifts, donations, bequests or devises which the director shall deposit with the county treasurer for credit to the fund.

      3.  The fund must be a separate and continuing fund, and no money in the fund reverts to the general fund of the county at any time. The interest earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.

      4.  A director of juvenile services shall:

      (a) Expend money from the fund only to finance a program of cognitive training and human development; and

      (b) If the source of the money is a grant, gift, donation, bequest or devise, expend the money, to the extent permitted by law, in accordance with the terms of the grant, gift, donation, bequest or devise.


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ê2003 Statutes of Nevada, Page 1045 (Chapter 206, SB 197)ê

 

      5.  A director of juvenile services must authorize any expenditure from the fund before it is made.

      Sec. 91.  1.  A director of juvenile services may establish a program of restitution through work. A program of restitution through work must:

      (a) Include, but is not limited to, instruction in skills for employment and work ethics; and

      (b) Require a child who participates in the program to:

             (1) With the assistance of the program and if practicable, seek and obtain a position of employment with a public or private employer; and

             (2) Sign an authorization form that permits money to be deducted from the wages of the child to pay restitution. The director of juvenile services may prescribe the contents of the authorization form and may determine the amount of money to be deducted from the wages of the child to pay restitution, but the director shall not require that more than 50 percent of the wages of the child be deducted to pay restitution.

      2.  A program of restitution through work may include, but is not limited to, cooperative agreements with public or private employers to make available positions of employment for a child who participates in the program.

      3.  A director of juvenile services may terminate participation by a child in a program of restitution through work for any lawful reason or purpose.

      4.  A director of juvenile services may contract with persons and public or private entities that are qualified to operate or to participate in a program of restitution through work.

      5.  A director of juvenile services may designate a person to carry out the provisions of this section.

      6.  The provisions of this section do not:

      (a) Create a right on behalf of a child to participate in a program of restitution through work or to hold a position of employment; or

      (b) Establish a basis for any cause of action against the State of Nevada or its officers or employees for denial of the ability to participate in or for removal from a program of restitution through work or for denial of or removal from a position of employment.

      Sec. 92.  1.  To finance a program of restitution through work, a director of juvenile services may establish, with the county treasurer as custodian, a special fund to be known as the restitution through work fund.

      2.  A director of juvenile services may apply for and accept grants, gifts, donations, bequests or devises which the director shall deposit with the county treasurer for credit to the fund.

      3.  The fund must be a separate and continuing fund, and no money in the fund reverts to the general fund of the county at any time. The interest earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.

      4.  A director of juvenile services shall:

      (a) Expend money from the fund only to finance a program of restitution through work; and

      (b) If the source of the money is a grant, gift, donation, bequest or devise, expend the money, to the extent permitted by law, in accordance with the terms of the grant, gift, donation, bequest or devise.

      5.  A director of juvenile services must authorize any expenditure from the fund before it is made.


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ê2003 Statutes of Nevada, Page 1046 (Chapter 206, SB 197)ê

 

      Sec. 93.  1.  If the juvenile court orders a child or the parent or guardian of the child, or both, to perform community service pursuant to the provisions of this title, the child or parent or guardian of the child, or both, must perform the community service for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents, including, but not limited to:

      (a) A public organization that works on public projects;

      (b) A public agency that works on projects to eradicate graffiti; or

      (c) A private nonprofit organization that performs other community service.

      2.  The person or entity who supervises the community service shall make such reports to the juvenile court as the juvenile court may require.

      Sec. 94.  1.  Except as otherwise provided in this section, if a child is required to perform any work or community service pursuant to the provisions of this title, the supervising entity shall not allow the child to perform the work or community service on or near a highway or in any other dangerous situation.

      2.  A supervising entity may allow a child to perform work or community service on or near a controlled-access highway if:

      (a) The child is not required to perform any work or service in the median of the highway;

      (b) The work or service is performed behind a guardrail or other safety barrier;

      (c) Appropriate warning signs are placed on the highway at least 100 yards in front of the location where the child is working from both directions, as appropriate based on the speed of the vehicles traveling on the highway;

      (d) A vehicle with an amber light placed on top of the vehicle is placed at the site in a manner which shields the child from traffic;

      (e) The child is required to wear a reflective vest and an orange hat;

      (f) The supervising entity obtains written permission from the parent or guardian of the child; and

      (g) The supervising entity obtains written permission from and complies with all safety rules of the governmental entity with authority over the controlled-access highway.

      3.  A supervising entity may allow a child to perform work or community service on or near a highway that does not have controlled access if:

      (a) The child is not required to perform any work or service in the median of the highway;

      (b) Appropriate warning signs are placed at least 100 yards in front of the location where the child is working from both directions, as appropriate based on the speed of the vehicles traveling on the highway;

      (c) A vehicle with an amber light placed on top of the vehicle is placed at the site in a manner which shields the child from traffic;

      (d) The child is required to wear a reflective vest and an orange hat;

      (e) The supervising entity obtains written permission from the parent or guardian of the child; and

      (f) The supervising entity obtains written permission from and complies with all safety rules of the governmental entity with authority over the highway.


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ê2003 Statutes of Nevada, Page 1047 (Chapter 206, SB 197)ê

 

      4.  Upon the request of the parent or guardian of the child who is assigned to perform work or community service on or near a highway pursuant to subsection 2 or 3, the supervising entity shall make available to the parent or guardian information regarding the nature of the work or community service to be performed by the child and the specific location at which the work or community service is to be performed.

      5.  As used in this section:

      (a) “Controlled-access highway” means every highway to or from which owners or occupants of abutting lands and other persons have no legal right of access except at such points only and in such manner as may be determined by a public authority.

      (b) “Other dangerous situation” means any situation that poses a reasonably foreseeable risk that serious bodily harm or injury to a child could occur.

      (c) “Supervising entity” means a person or entity that is responsible for supervising children who are ordered to perform work or community service pursuant to the provisions of this title.

      Sec. 95.  Title 5 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 96 to 132, inclusive, of this act.

      Sec. 96.  1.  If a child is alleged to be delinquent or in need of supervision, the juvenile court shall advise the child and the parent or guardian of the child that the child is entitled to be represented by an attorney at all stages of the proceedings.

      2.  If a parent or guardian of a child is indigent, the parent or guardian may request the appointment of an attorney to represent the child pursuant to the provisions in NRS 171.188.

      3.  Except as otherwise provided in this section, the juvenile court shall appoint an attorney for a child if the parent or guardian of the child does not retain an attorney for the child and is not likely to retain an attorney for the child.

      4.  A child may waive the right to be represented by an attorney if:

      (a) A petition is not filed and the child is placed under informal supervision pursuant to section 103 of this act; or

      (b) A petition is filed and the record of the juvenile court shows that the waiver of the right to be represented by an attorney is made knowingly, intelligently, voluntarily and in accordance with any applicable standards established by the juvenile court.

      5.  Except as otherwise provided in NRS 424.085, if the juvenile court appoints an attorney to represent a child and:

      (a) The parent or guardian of the child is not indigent, the parent or guardian shall pay the reasonable fees and expenses of the attorney.

      (b) The parent or guardian of the child is indigent, the juvenile court may order the parent or guardian to reimburse the county or State in accordance with the ability of the parent or guardian to pay.

      6.  A parent or guardian of a child who is alleged to be delinquent or in need of supervision may be represented by an attorney at all stages of the proceedings. The juvenile court may not appoint an attorney for a parent or guardian, unless the juvenile court:

      (a) Finds that such an appointment is required in the interests of justice; and

      (b) Specifies in the record the reasons for the appointment.


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ê2003 Statutes of Nevada, Page 1048 (Chapter 206, SB 197)ê

 

      7.  Each attorney, other than a public defender, who is appointed under the provisions of this section is entitled to the same compensation and expenses from the county as is provided in NRS 7.125 and 7.135 for attorneys appointed to represent persons charged with criminal offenses.

      Sec. 97.  1.  A clerk of the court may allow any of the following documents to be filed electronically:

      (a) A petition prepared and signed by the district attorney pursuant to section 99 or 100 of this act.

      (b) A document relating to proceedings conducted pursuant to sections 118 to 129, inclusive, of this act.

      (c) A study and report prepared pursuant to section 141 of this act.

      2.  Any document that is filed electronically pursuant to this section must contain an image of the signature of the person who is filing the document.

      Sec. 98.  In proceedings conducted pursuant to the provisions of this title:

      1.  A party to a petition must not be charged any court fees or witness fees.

      2.  A salaried officer of this state or of any political subdivision of this state is not entitled to receive any fee for the officer’s services or attendance in the juvenile court.

      3.  Any other person acting under orders of the juvenile court may receive a fee for service of process, for serving as a witness or for his services and attendance in juvenile court. The fee must be paid:

      (a) In an amount as provided by law for like services in cases before the district court; and

      (b) By the county, after the juvenile court has certified the amount to be paid.

      Sec. 99.  1.  When a complaint is made alleging that a child is delinquent or in need of supervision:

      (a) The complaint must be referred to a probation officer of the appropriate county; and

      (b) The probation officer shall conduct a preliminary inquiry to determine whether the best interests of the child or of the public:

             (1) Require that a petition be filed; or

             (2) Would better be served by placing the child under informal supervision pursuant to section 103 of this act.

      2.  If, after conducting the preliminary inquiry, the probation officer recommends the filing of a petition, the district attorney shall determine whether to file the petition.

      3.  If, after conducting the preliminary inquiry, the probation officer does not recommend the filing of a petition or that the child be placed under informal supervision, the probation officer must notify the complainant regarding the complainant’s right to seek a review of the complaint by the district attorney.

      4.  If the complainant seeks a review of the complaint by the district attorney, the district attorney shall:

      (a) Review the facts presented by the complainant;

      (b) Consult with the probation officer; and

      (c) File the petition with the juvenile court if the district attorney believes that the filing of the petition is necessary to protect the interests of the child or of the public.


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ê2003 Statutes of Nevada, Page 1049 (Chapter 206, SB 197)ê

 

      5.  The determination of the district attorney concerning whether to file the petition is final.

      6.  Except as otherwise provided in section 116 of this act, if a child is in detention or shelter care, the child must be released immediately if a petition alleging that the child is delinquent or in need of supervision is not:

      (a) Approved by the district attorney; or

      (b) Filed within 8 days after the date the complaint was referred to the probation officer.

      Sec. 100.  1.  Before a petition alleging delinquency or need of supervision or a petition for revocation may be filed with the juvenile court, the district attorney must prepare and sign the petition. The district attorney shall represent the petitioner in all proceedings.

      2.  The petition must be:

      (a) Entitled, “In the Matter of ................, a child”; and

      (b) Verified by the person who signs it.

      3.  The petition must set forth specifically:

      (a) The facts which bring the child within the jurisdiction of the juvenile court and the date when delinquency occurred or need of supervision arose.

      (b) The name, date of birth and address of the residence of the child.

      (c) The name and address of the residence of the parent or guardian of the child. If the parent or guardian of the child does not reside or cannot be found within this state, or if the address of the parent or guardian is unknown:

             (1) The name of any known adult relative residing within this state; or

             (2) If no known adult relative resides within this state, the known adult relative residing nearest to the juvenile court.

      (d) The name and address of the spouse of the child, if any.

      (e) Whether the child is in custody and, if so, the place of detention and the time the child was taken into custody.

      4.  If any of the facts required by subsection 3 are not known, the petition must so state.

      Sec. 101.  1.  In addition to the information required pursuant to section 100 of this act, a petition alleging that a child is in need of supervision must contain the following information regarding efforts made to modify the behavior of the child:

      (a) A list of the local programs to which the child was referred; and

      (b) Other efforts taken in the community.

      2.  If a petition is filed alleging that a child is in need of supervision and the child previously has not been found to be within the purview of this title, the juvenile court:

      (a) Shall admonish the child to obey the law and to refrain from repeating the acts for which the petition was filed;

      (b) Shall maintain a record of the admonition;

      (c) Shall refer the child to services available in the community for counseling, behavioral modification and social adjustment; and

      (d) Shall not adjudicate the child to be in need of supervision, unless a subsequent petition based upon additional facts is filed with the juvenile court after admonition and referral pursuant to this subsection.


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      3.  If a child is not subject to the provisions of subsection 2, the juvenile court may not adjudicate the child to be in need of supervision unless the juvenile court expressly finds that reasonable efforts were taken in the community to assist the child in ceasing the behavior for which the child is alleged to be in need of supervision.

      4.  The provisions of this section do not apply to a child who is alleged to be in need of supervision because the child is a habitual truant.

      Sec. 102.  1.  If a petition filed pursuant to the provisions of this title contains allegations that a child committed an unlawful act which would have been a sexual offense if committed by an adult or which involved the use or threatened use of force or violence against the victim, the district attorney shall provide to the victim and, if the victim is less than 18 years of age, to the parent or guardian of the victim, as soon as practicable after the petition is filed, documentation that includes:

      (a) A form advising the victim and the parent or guardian of the victim of their rights pursuant to the provisions of this title; and

      (b) The form or procedure that must be used to request disclosure pursuant to section 127 of this act.

      2.  As used in this section, “sexual offense” means:

      (a) Sexual assault pursuant to NRS 200.366;

      (b) Battery with intent to commit sexual assault pursuant to NRS 200.400;

      (c) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;

      (d) Open or gross lewdness pursuant to NRS 201.210;

      (e) Indecent or obscene exposure pursuant to NRS 201.220;

      (f) Lewdness with a child pursuant to NRS 201.230;

      (g) Sexual penetration of a dead human body pursuant to NRS 201.450;

      (h) Annoyance or molestation of a minor pursuant to NRS 207.260; or

      (i) An attempt to commit an offense listed in this subsection.

      Sec. 103.  1.  When a complaint is made alleging that a child is delinquent or in need of supervision, the child may be placed under the informal supervision of a probation officer if:

      (a) The child voluntarily admits participation in the acts alleged in the complaint; and

      (b) The district attorney gives written approval for placement of the child under informal supervision, if any of the acts alleged in the complaint are unlawful acts that would have constituted a gross misdemeanor or felony if committed by an adult.

      2.  If the probation officer recommends placing the child under informal supervision, the probation officer must advise the child and the parent or guardian of the child that they may refuse informal supervision.

      3.  The child must enter into an agreement for informal supervision voluntarily and intelligently:

      (a) With the advice of the attorney for the child; or

      (b) If the child is not represented by an attorney, with the consent of the parent or guardian of the child.

      4.  If the child is placed under informal supervision:

      (a) The terms and conditions of the agreement for informal supervision must be stated clearly in writing. The terms and conditions of the agreement may include, but are not limited to, the requirements set forth in section 104 of this act.


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the agreement may include, but are not limited to, the requirements set forth in section 104 of this act.

      (b) The agreement must be signed by all parties.

      (c) A copy of the agreement must be given to:

             (1) The child;

             (2) The parent or guardian of the child;

             (3) The attorney for the child, if any; and

             (4) The probation officer, who shall retain a copy in his file for the case.

      5.  The period of informal supervision must not exceed 180 days. The child and the parent or guardian of the child may terminate the agreement at any time by requesting the filing of a petition for formal adjudication.

      6.  The district attorney may not file a petition against the child based on any acts for which the child was placed under informal supervision unless the district attorney files the petition not later than 180 days after the date the child entered into the agreement for informal supervision. If the district attorney files a petition against the child within that period, the child may withdraw the admission that the child made pursuant to subsection 1.

      7.  If the child successfully completes the terms and conditions of the agreement for informal supervision, the juvenile court may dismiss any petition filed against the child that is based on any acts for which the child was placed under informal supervision.

      Sec. 104.  1.  An agreement for informal supervision may require the child to:

      (a) Perform community service or provide restitution to any victim of the acts for which the child was referred to the probation officer;

      (b) Participate in a program of restitution through work that is established pursuant to section 91 of this act if the child:

             (1) Is 14 years of age or older;

             (2) Has never been found to be within the purview of this title for an unlawful act that involved the use or threatened use of force or violence against a victim and has never been found to have committed such an unlawful act in any other jurisdiction;

             (3) Is required to provide restitution to a victim; and

             (4) Voluntarily agrees to participate in the program of restitution through work.

      (c) Complete a program of cognitive training and human development pursuant to section 89 of this act if:

             (1) The child has never been found to be within the purview of this title; and

             (2) The unlawful act for which the child is found to be within the purview of this title did not involve the use or threatened use of force or violence against a victim; or

      (d) Engage in any combination of the activities set forth in this subsection.

      2.  If the agreement for informal supervision requires the child to participate in a program of restitution through work or complete a program of cognitive training and human development, the agreement may also require any or all of the following, in the following order of priority if practicable:


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      (a) The child or the parent or guardian of the child, or both, to the extent of their financial ability, to pay the costs associated with the participation of the child in the program, including, but not limited to:

             (1) A reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program or performs work; and

             (2) In the case of a program of restitution through work, for industrial insurance, unless the industrial insurance is provided by the employer for which the child performs the work; or

      (b) The child to work on projects or perform community service for a period that reflects the costs associated with the participation of the child in the program.

      Sec. 105.  Upon the request of the juvenile court, a probation officer shall file with the juvenile court a report of:

      1.  The number of children placed under informal supervision during the previous year;

      2.  The conditions imposed in each case; and

      3.  The number of cases that were successfully completed without the filing of a petition.

      Sec. 106.  1.  If the district attorney files a petition with the juvenile court, the juvenile court may:

      (a) Dismiss the petition without prejudice and refer the child to the probation officer for informal supervision pursuant to section 103 of this act; or

      (b) Place the child under the supervision of the juvenile court pursuant to a supervision and consent decree, without a formal adjudication of delinquency, if the juvenile court receives:

             (1) The recommendation of the probation officer;

             (2) The written approval of the district attorney; and

             (3) The written consent and approval of the child and the parent or guardian of the child.

      2.  If a child is placed under the supervision of the juvenile court pursuant to a supervision and consent decree, the juvenile court may dismiss the petition if the child successfully completes the terms and conditions of the supervision and consent decree.

      3.  If the petition is dismissed:

      (a) The child may respond to any inquiry concerning the proceedings and events which brought about the proceedings as if they had not occurred; and

      (b) The records concerning a supervision and consent decree may be considered in a subsequent proceeding before the juvenile court regarding that child.

      Sec. 107.  1.  After a petition has been filed and after such further investigation as the juvenile court may direct, the juvenile court shall direct the clerk of the court to issue a summons that:

      (a) Requires the person who has care and custody of the child to:

             (1) Appear personally; and

             (2) Bring the child before the juvenile court at the time and place stated in the summons;


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      (b) Informs the person who has care and custody of the child of the child’s right to be represented by an attorney at the initial hearing, as provided in section 96 of this act; and

      (c) Has a copy of the petition attached.

      2.  If the person summoned pursuant to subsection 1 is not the parent or guardian of the child, the clerk of the court must notify the parent or guardian by a similar summons of:

      (a) The pendency of the case; and

      (b) The time and place for the proceeding involving the child.

      3.  The juvenile court may direct the clerk of the court to issue a summons requiring the appearance of any other person whose presence at the proceeding is necessary, as determined by the juvenile court.

      4.  The clerk of the court is not required to issue a summons if the person to be summoned voluntarily appears.

      5.  If, based on the condition or surroundings of the child, the juvenile court determines that it is in the best interests of the child or the public to require the appropriate agency of the judicial district or the Division of Child and Family Services to assume care and custody of the child, the juvenile court may order, by endorsement upon the summons, that the person serving the summons deliver the child to a probation officer for placement with a suitable person or in an appropriate facility where the child must remain until further order of the juvenile court.

      Sec. 108.  1.  Except as otherwise provided in this section, a summons must be served personally by the delivery of a true copy to the person summoned.

      2.  If the juvenile court determines that it is impracticable to serve a summons personally, the juvenile court may order the summons to be served by:

      (a) Registered mail or certified mail addressed to the last known address; or

      (b) Publication,

or both.

      3.  The service of a summons is sufficient to confer jurisdiction if the summons is served at least 48 hours before the time fixed in the summons for its return.

      4.  Any person over 18 years of age may serve any summons, process or notice required by the provisions of this title.

      5.  The county shall pay all necessary expenses for the service of any summons, process or notice required by the provisions of this title.

      Sec. 109.  1.  The juvenile court may issue a writ for the attachment of a child or the parent or guardian of the child, or both, and command a probation officer or peace officer to bring before the juvenile court, at the time and place stated, the person or persons named in the writ if:

      (a) A summons cannot be served;

      (b) The person or persons served fail to obey the summons; or

      (c) The juvenile court determines that:

             (1) The service will be ineffectual; or

             (2) The welfare of the child requires that the child be brought immediately into the custody of the juvenile court.

      2.  A person who violates a writ or any order of the juvenile court issued pursuant to this section may be punished for contempt.


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      Sec. 110.  1.  If a child commits a criminal offense in this state and the child flees to another state, the Governor shall request extradition of the child from the other state to this state according to the other state’s procedure for the extradition of adults.

      2.  If a child commits a criminal offense in another state and the child flees to this state, the child may be extradited to the other state in accordance with the provisions of NRS 179.177 to 179.235, inclusive, except that while the child is awaiting extradition, the child must be detained in a facility for the detention of children if space is available.

      Sec. 111.  Except as otherwise provided in this title and NRS 484.383:

      1.  A peace officer or probation officer may take into custody any child:

      (a) Who the officer has probable cause to believe is violating or has violated any state or local law, ordinance, or rule or regulation having the force of law; or

      (b) Whose conduct indicates that the child is in need of supervision.

      2.  If a child is taken into custody:

      (a) The officer shall, without undue delay, attempt to notify, if known, the parent or guardian of the child;

      (b) The facility in which the child is detained shall, without undue delay:

             (1) Notify a probation officer; and

             (2) Attempt to notify, if known, the parent or guardian of the child if such notification was not accomplished pursuant to paragraph (a); and

      (c) Unless it is impracticable or inadvisable or has been otherwise ordered by the juvenile court, the child must be released to the custody of a parent or guardian or another responsible adult who has signed a written agreement to bring the child before the juvenile court at a time stated in the agreement or as the juvenile court may direct. The written agreement must be submitted to the juvenile court as soon as possible. If the person fails to produce the child at the time stated in the agreement or upon a summons from the juvenile court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both, be brought before the juvenile court at a time stated in the writ.

      3.  If a child who is taken into custody is not released pursuant to subsection 2:

      (a) The child must be taken without unnecessary delay to:

             (1) The juvenile court; or

             (2) The place of detention designated by the juvenile court and, as soon as possible thereafter, the fact of detention must be reported to the juvenile court; and

      (b) Pending further disposition of the case, the juvenile court may order that the child be:

             (1) Released to the custody of a parent or guardian or another person appointed by the juvenile court;

             (2) Detained in a place designated by the juvenile court, subject to further order of the juvenile court; or

             (3) Conditionally released for supervised detention at the home of the child in lieu of detention at a facility for the detention of children. The supervised detention at the home of the child may include electronic surveillance of the child.


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      4.  In determining whether to release a child pursuant to this section to a person other than a parent or guardian, the juvenile court shall give preference to any person who is related to the child within the third degree of consanguinity if the juvenile court finds that the person is suitable and able to provide proper care and guidance for the child.

      Sec. 112.  1.  A child must not be released from custody sooner than 12 hours after the child is taken into custody if the child is taken into custody for committing a battery that constitutes domestic violence pursuant to NRS 33.018.

      2.  A child must not be released from custody sooner than 12 hours after the child is taken into custody if:

      (a) The child is taken into custody for violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or for violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS; and

      (b) The peace officer or probation officer who has taken the child into custody determines that such a violation is accompanied by a direct or indirect threat of harm.

      3.  For the purposes of this section, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

      Sec. 113.  1.  If a child is not alleged to be delinquent or in need of supervision, the child must not, at any time, be confined or detained in:

      (a) A facility for the secure detention of children; or

      (b) Any police station, lockup, jail, prison or other facility in which adults are detained or confined.

      2.  If a child is alleged to be delinquent or in need of supervision, the child must not, before disposition of the case, be detained in a facility for the secure detention of children unless there is probable cause to believe that:

      (a) If the child is not detained, the child is likely to commit an offense dangerous to himself or to the community, or likely to commit damage to property;

      (b) The child will run away or be taken away so as to be unavailable for proceedings of the juvenile court or to its officers;

      (c) The child was taken into custody and brought before a probation officer pursuant to a court order or warrant; or

      (d) The child is a fugitive from another jurisdiction.

      3.  If a child is less than 18 years of age, the child must not, at any time, be confined or detained in any police station, lockup, jail, prison or other facility where the child has regular contact with any adult who is confined or detained in the facility and who has been convicted of a criminal offense or charged with a criminal offense, unless:

      (a) The child is alleged to be delinquent;

      (b) An alternative facility is not available; and

      (c) The child is separated by sight and sound from any adults who are confined or detained in the facility.

      4.  During the pendency of a proceeding involving a criminal offense excluded from the original jurisdiction of the juvenile court pursuant to section 47 of this act, a child may petition the juvenile court for temporary placement in a facility for the detention of children.


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section 47 of this act, a child may petition the juvenile court for temporary placement in a facility for the detention of children.

      Sec. 114.  1.  If a child who is alleged to be delinquent is taken into custody and detained, the child must be given a detention hearing before the juvenile court:

      (a) Not later than 24 hours after the child submits a written application;

      (b) In a county whose population is less than 100,000, not later than 24 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined;

      (c) In a county whose population is 100,000 or more, not later than 6 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined; or

      (d) Not later than 72 hours after the commencement of detention at a facility in which adults are not detained or confined,

whichever occurs first, excluding Saturdays, Sundays and holidays.

      2.  A child must not be released after a detention hearing without the written consent of the juvenile court.

      Sec. 115.  1.  Except as otherwise provided in this section, if a child who is alleged to be in need of supervision is taken into custody and detained, the child must be released not later than 24 hours, excluding Saturdays, Sundays and holidays, after the child’s initial contact with a peace officer or probation officer to:

      (a) A parent or guardian of the child;

      (b) Any other person who is able to provide adequate care and supervision for the child; or

      (c) Shelter care.

      2.  A child does not have to be released pursuant to subsection 1 if the juvenile court:

      (a) Holds a detention hearing;

      (b) Determines that the child:

             (1) Has threatened to run away from home or from the shelter;

             (2) Is accused of violent behavior at home; or

             (3) Is accused of violating the terms of a supervision and consent decree; and

      (c) Determines that the child needs to be detained to make an alternative placement for the child.

The child may be detained for an additional 24 hours but not more than 48 hours after the detention hearing, excluding Saturdays, Sundays and holidays.

      3.  A child does not have to be released pursuant to this section if the juvenile court:

      (a) Holds a detention hearing; and

      (b) Determines that the child:

             (1) Is a ward of a federal court or held pursuant to a federal statute;

             (2) Has run away from another state and a jurisdiction within that state has issued a want, warrant or request for the child; or

             (3) Is accused of violating a valid court order.

The child may be detained for an additional period as necessary for the juvenile court to return the child to the jurisdiction from which the child originated or to make an alternative placement for the child.


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      4.  For the purposes of this section, an alternative placement must be in a facility in which there are no physical restraining devices or barriers.

      Sec. 116.  1.  If a peace officer or probation officer has probable cause to believe that a child is committing or has committed an unlawful act that involves the possession, use or threatened use of a firearm, the officer shall take the child into custody.

      2.  If a child is taken into custody for an unlawful act described in this section, the child must not be released before a detention hearing is held pursuant to section 114 of this act.

      3.  At the detention hearing, the juvenile court shall determine whether to order the child to be evaluated by a qualified professional.

      4.  If the juvenile court orders the child to be evaluated by a qualified professional, the evaluation must be completed not later than 14 days after the detention hearing. Until the evaluation is completed, the child must be:

      (a) Detained at a facility for the detention of children; or

      (b) Placed under a program of supervision in the home of the child that may include electronic surveillance of the child.

      5.  If a child is evaluated by a qualified professional pursuant to this section, the statements made by the child to the qualified professional during the evaluation and any evidence directly or indirectly derived from those statements may not be used for any purpose in a proceeding which is conducted to prove that the child committed a delinquent act or criminal offense. The provisions of this subsection do not prohibit the district attorney from proving that the child committed a delinquent act or criminal offense based upon evidence obtained from sources or by means that are independent of the statements made by the child to the qualified professional during the evaluation.

      Sec. 117.  1.  If a child is stopped by a peace officer for a violation of any traffic law or ordinance which is punishable as a misdemeanor, the peace officer may prepare and issue a traffic citation pursuant to the same criteria as would apply to an adult violator.

      2.  If a child who is issued a traffic citation executes a written promise to appear in court by signing the citation, the officer:

      (a) Shall deliver a copy of the citation to the child; and

      (b) Shall not take the child into physical custody for the violation.

      Sec. 118.  1.  Each proceeding conducted pursuant to the provisions of this title:

      (a) Is not criminal in nature.

      (b) Must be heard separately from the trial of cases against adults.

      (c) Must be heard without a jury.

      (d) May be conducted in an informal manner.

      (e) May be held at a facility for the detention of children or elsewhere at the discretion of the juvenile court.

      (f) Does not require stenographic notes or any other transcript of the proceeding unless ordered by the juvenile court.

      2.  Except as otherwise provided in this subsection, each proceeding conducted pursuant to the provisions of this title must be open to the public. If the juvenile court determines that all or part of the proceeding must be closed to the public because the closure is in the best interests of the child or the public:

      (a) The public must be excluded; and


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      (b) The juvenile court may order that only those persons who have a direct interest in the case may be admitted. The juvenile court may determine that a victim or any member of the victim’s family is a person who has a direct interest in the case and may be admitted.

      Sec. 119.  1.  At the child’s first appearance at intake and before the juvenile court, the child must be:

      (a) Advised of his rights;

      (b) Informed of the specific allegations in the petition; and

      (c) Given an opportunity to admit or deny those allegations.

      2.  If the child denies the allegations in the petition, the juvenile court shall:

      (a) Conduct an adjudicatory hearing concerning the allegations; and

      (b) Record its findings on whether the allegations have been established.

      3.  If the child is alleged to be in need of supervision, the allegations in the petition must be established by a preponderance of the evidence based upon competent, material and relevant evidence.

      4.  If the child is alleged to have committed a delinquent act, the allegations in the petition must be established by proof beyond a reasonable doubt based upon competent, material and relevant evidence.

      5.  If the juvenile court finds that the allegations in the petition have not been established, the juvenile court shall dismiss the petition and order that the child be discharged from any facility for the detention of children or temporary care, unless otherwise ordered by the juvenile court.

      6.  If the juvenile court finds that the allegations in the petition have been established, the juvenile court shall make a proper disposition of the case.

      Sec. 120.  1.  If a proceeding conducted pursuant to the provisions of this title involves the placement of an Indian child into foster care, the juvenile court shall:

      (a) Cause the Indian child’s tribe to be notified in writing in the manner provided in the Indian Child Welfare Act. If the Indian child is eligible for membership in more than one tribe, each tribe must be notified.

      (b) Transfer the proceedings to the Indian child’s tribe in accordance with the Indian Child Welfare Act or, if a tribe declines or is unable to exercise jurisdiction, exercise jurisdiction as provided in the Indian Child Welfare Act.

      2.  If the juvenile court determines that the parent of an Indian child for whom foster care is sought is indigent, the juvenile court, as provided in the Indian Child Welfare Act:

      (a) Shall appoint an attorney to represent the parent;

      (b) May appoint an attorney to represent the Indian child; and

      (c) May apply to the Secretary of the Interior for the payment of the fees and expenses of such an attorney.

      Sec. 121.  In a proceeding involving an Indian child, the juvenile court shall give full faith and credit to the judicial proceedings of an Indian tribe to the same extent that the Indian tribe gives full faith and credit to the judicial proceedings of the courts of this state.

      Sec. 122.  1.  Upon the request of the district attorney, the juvenile court may expedite any proceeding conducted pursuant to the provisions of this title that involves an act committed against a person who is less than 16 years of age or an act witnessed by a person who is less than 16 years of age.


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16 years of age or an act witnessed by a person who is less than 16 years of age.

      2.  In determining whether to expedite a proceeding, the juvenile court may consider the effect that a delay in the proceeding may have on the mental or emotional health or well-being of the person who is less than 16 years of age.

      Sec. 123.  1.  In each proceeding conducted pursuant to the provisions of this title, the juvenile court may issue and, upon the request of any party to the proceeding, the clerk of the court shall issue subpoenas that require:

      (a) The attendance and testimony of witnesses; and

      (b) The production of records, documents or other tangible objects.

      2.  In each proceeding conducted pursuant to the provisions of this title that involves a child who is alleged to be delinquent or in need of supervision, the district attorney or the attorney for the child may issue subpoenas pursuant to NRS 174.315 and 174.335 that require:

      (a) The attendance and testimony of witnesses; and

      (b) The production of records, documents or other tangible objects.

      Sec. 124.  1.  The juvenile court may continue any proceeding conducted pursuant to the provisions of this title for a reasonable period to receive oral and written reports or other competent, material and relevant evidence that may be helpful in determining the issues presented.

      2.  If a proceeding involves an act committed against a person who is less than 16 years of age or an act witnessed by a person who is less than 16 years of age, the juvenile court:

      (a) May consider any adverse effects that a continuance of the proceeding may have on the mental or emotional health or well-being of the person who is less than 16 years of age; and

      (b) May deny a continuance of the proceeding if the delay will adversely affect the mental or emotional health or well-being of the person who is less than 16 years of age.

      3.  If the juvenile court orders a continuance of a proceeding, the juvenile court shall make an appropriate order for the detention or temporary care of the child who is the subject of the proceeding during the period of the continuance.

      Sec. 125.  1.  In each proceeding conducted pursuant to the provisions of this title, the juvenile court may:

      (a) Receive all competent, material and relevant evidence that may be helpful in determining the issues presented, including, but not limited to, oral and written reports; and

      (b) Rely on such evidence to the extent of its probative value.

      2.  The juvenile court shall afford the parties and their attorneys an opportunity to examine and controvert each written report that is received into evidence and to cross-examine each person who made the written report, when reasonably available.

      Sec. 126.  1.  Except as otherwise provided in this section, the juvenile court shall make its final disposition of a case not later than 60 days after the date on which the petition in the case was filed.

      2.  The juvenile court may extend the time for final disposition of a case if the juvenile court files an order setting forth specific reasons for the extension:


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      (a) Not later than 60 days after the date on which the petition in the case was filed; or

      (b) Later than 60 days after the date on which the petition in the case was filed, if the juvenile court finds that the extension would serve the interests of justice. In determining whether an extension would serve the interests of justice, the juvenile court shall consider:

             (1) The gravity of the act alleged in the case;

             (2) The reasons for any delay in the disposition of the case; and

             (3) The potential consequences to the child, any victim and the public of not extending the time for final disposition of the case.

      3.  The juvenile court shall not extend the time for final disposition of a case beyond 1 year from the date on which the petition in the case was filed.

      Sec. 127.  1.  The prosecuting attorney shall disclose to the victim of an act committed by a child the disposition of the child’s case regarding that act if:

      (a) The victim requests such a disclosure; or

      (b) If the victim is less than 18 years of age, the parent or guardian of the victim requests such a disclosure.

      2.  All personal information pertaining to the victim or the parent or guardian of the victim, including, but not limited to, a current or former address, which is obtained by the prosecuting attorney pursuant to this section, is confidential and must not be used for a purpose other than that provided for in this section.

      Sec. 128.  Appeals from the orders of the juvenile court may be taken to the Supreme Court in the same manner as appeals in civil cases are taken.

      Sec. 129.  1.  If a child is prosecuted for an offense in a juvenile proceeding, the child may not be prosecuted again for the same offense in another juvenile proceeding or in a criminal proceeding as an adult.

      2.  For the purposes of this section:

      (a) A child is prosecuted for an offense in a juvenile proceeding if:

             (1) The district attorney files a petition against the child pursuant to the provisions of this title alleging that the child committed a delinquent act; and

             (2) The juvenile court accepts the child’s admission of the facts alleged in the petition or, at an adjudicatory hearing to determine culpability, the juvenile court begins to take evidence on the facts alleged in the petition.

      (b) An offense is the same offense if it is:

             (1) The offense alleged in the petition; or

             (2) An offense based upon the same conduct as that alleged in the petition.

      Sec. 130.  1.  If a parent or guardian of a child appears with or on behalf of the child at a detention hearing, the juvenile court shall provide to the parent or guardian a certificate of attendance which the parent or guardian may provide to his employer.

      2.  A certificate of attendance:

      (a) Must set forth the date and time of appearance and the provisions of section 132 of this act; and

      (b) Must not set forth the name of the child or the offense alleged.


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      Sec. 131.  1.  For any proceeding after the initial detention hearing, written notice of the proceeding and a copy of the notice which the parents and guardians may provide to their employers must be provided to all parents and guardians of the child.

      2.  The written notice of the proceeding and the copy of the notice:

      (a) Must set forth the date and time of the proceeding and the provisions of section 132 of this act; and

      (b) Must not set forth the name of the child or the offense alleged.

      3.  If the address or location of any parent or guardian of a child is not immediately known when the proceeding is scheduled, notice must be served pursuant to this section immediately upon discovery of the address and location of the parent or guardian.

      Sec. 132.  1.  If a parent or guardian of a child gives his employer or an agent of the employer notice of an appearance with or on behalf of the child in any court, it is unlawful for the employer or the agent of the employer to:

      (a) Terminate the employment of the parent or guardian, as a consequence of his appearance or prospective appearance in court; or

      (b) Assert to the parent or guardian that his appearance or prospective appearance in court will result in the termination of his employment.

      2.  Any employer or agent of an employer who violates the provisions of subsection 1 is guilty of a misdemeanor.

      3.  A parent or guardian who is discharged from employment in violation of subsection 1 may commence a civil action against his employer and obtain:

      (a) Wages and benefits lost as a result of the violation;

      (b) An order of reinstatement without loss of position, seniority or benefits;

      (c) Damages equal to the amount of the lost wages and benefits; and

      (d) Reasonable attorney’s fees fixed by the court.

      4.  For the purposes of this section, notice is given:

      (a) In the case of a detention hearing, when the parent or guardian:

             (1) Gives the employer or an agent of the employer oral notice in advance of the hearing; and

             (2) Provides the employer with a certificate of attendance immediately upon return to employment.

      (b) In the case of any hearing after the initial detention hearing, when the parent or guardian gives the employer or an agent of the employer, in advance of the hearing, the employer’s copy of the written notice of the hearing.

      Sec. 133.  Title 5 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 134 to 177, inclusive, of this act.

      Sec. 134.  Except as otherwise provided in sections 134 to 152, inclusive, of this act:

      1.  The provisions of sections 134 to 152, inclusive, of this act apply to the disposition of a case involving any child who is adjudicated pursuant to the provisions of this title.

      2.  In addition to any other orders or actions authorized or required by the provisions of this title, if a child is adjudicated pursuant to the provisions of this title:


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      (a) The juvenile court may issue any orders or take any actions set forth in sections 134 to 152, inclusive, of this act that the juvenile court deems proper for the disposition of the case; and

      (b) If required by a specific statute, the juvenile court shall issue the appropriate orders or take the appropriate actions set forth in the statute.

      Sec. 135.  1.  A child who is adjudicated pursuant to the provisions of this title is not a criminal and any adjudication is not a conviction, and a child may be charged with a crime or convicted in a criminal proceeding only as provided in this title.

      2.  Except as otherwise provided by specific statute, an adjudication pursuant to the provisions of this title upon the status of a child does not impose any of the civil disabilities ordinarily resulting from conviction, and the disposition of a child or any evidence given in the juvenile court must not be used to disqualify the child in any future application for or appointment to the civil service.

      Sec. 136.  In determining whether to place a child in the custody of a person other than a parent or guardian, the juvenile court shall give preference to any person who is related to the child within the third degree of consanguinity if the juvenile court finds that the person is suitable and able to provide proper care and guidance for the child.

      Sec. 137.  In placing a child in the custody of a person or a public or private institution or agency, the juvenile court shall select, when practicable, a person or an institution or agency governed by persons of:

      1.  The same religious faith as that of the parents of the child;

      2.  If the religious faiths of the parents differ, the religious faith of the child; or

      3.  If the religious faith of the child is not ascertainable, the religious faith of either of the parents.

      Sec. 138.  1.  Except as otherwise provided in this chapter, the juvenile court may:

      (a) Place a child in the custody of a suitable person for supervision in the child’s own home or in another home; or

      (b) Commit the child to the custody of a public or private institution or agency authorized to care for children.

      2.  If the juvenile court places the child under supervision in a home:

      (a) The juvenile court may impose such conditions as the juvenile court deems proper; and

      (b) The program of supervision in the home may include electronic surveillance of the child.

      3.  If the juvenile court commits the child to the custody of a public or private institution or agency, the juvenile court shall select one that is required to be licensed by:

      (a) The Department of Human Resources to care for such children; or

      (b) If the institution or agency is in another state, the analogous department of that state.

      Sec. 139.  The juvenile court may permit a child to reside in a residence without the immediate supervision of an adult, exempt the child from mandatory attendance at school so that the child may be employed full-time, or both, if the child:

      1.  Is at least 16 years of age;

      2.  Has demonstrated the capacity to benefit from this placement or exemption; and


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ê2003 Statutes of Nevada, Page 1063 (Chapter 206, SB 197)ê

 

      3.  Is under the strict supervision of the juvenile court.

      Sec. 140.  1.  If the juvenile court commits a child to the custody of a public or private institution or agency, the juvenile court shall:

      (a) Transmit a summary of its information concerning the child to the institution or agency; and

      (b) Order the administrator of the school that the child last attended to transmit a copy of the child’s educational records to the institution or agency.

      2.  The institution or agency to which the child is committed shall provide the juvenile court with any information concerning the child that the juvenile court may require.

      Sec. 141.  1.  If it has been admitted or determined that a child is in need of supervision or in need of commitment to an institution for the mentally retarded or the mentally ill and the child has been or will be placed outside the home of the child by court order:

      (a) The juvenile court shall direct a probation officer or an authorized agency to prepare for the juvenile court a study and a written report concerning the child, the family of the child, the environment of the child and other matters relevant to the need for treatment or disposition of the case; and

      (b) The agency which is charged with the care and custody of the child or the agency which has the responsibility for supervising the placement of the child shall file with the juvenile court a plan which includes:

             (1) The social history of the child and the family of the child;

             (2) The wishes of the child relating to the placement of the child;

             (3) A statement of the conditions which require intervention by the juvenile court and whether the removal of the child from the home of the child was a result of a judicial determination that the child’s continuation in the home would be contrary to the child’s welfare;

             (4) A statement of the harm which the child is likely to suffer as a result of the removal;

             (5) A discussion of the efforts made by the agency to avoid removing the child from the home of the child before the agency placed the child in foster care;

             (6) The special programs available to the parent or guardian of the child which might prevent further harm to the child and the reason that each program is likely to be useful, and the overall plan of the agency to assure that the services are available;

             (7) A description of the type of home or institution in which the child could be placed, a plan for assuring that the child would receive proper care and a description of the needs of the child; and

             (8) A description of the efforts made by the agency to facilitate the return of the child to the home of the child or permanent placement of the child.

      2.  If there are indications that a child may be mentally retarded or mentally ill, the juvenile court may order the child to be examined at a suitable place by a physician, psychiatrist or psychologist before a hearing on the merits of the petition. The examinations made before a hearing or as part of the study provided for in subsection 1 must be conducted without admission to a hospital unless the juvenile court finds that placement in a hospital or other appropriate facility is necessary.


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      3.  After a hearing, the juvenile court may order a parent or guardian of the child to be examined by a physician, psychiatrist or psychologist if:

      (a) The ability of the parent or guardian to care for or supervise the child is at issue before the juvenile court; and

      (b) The parent or guardian consents to the examination.

      Sec. 142.  1.  Except as otherwise provided in this section, if the juvenile court places a child in a foster home or other similar institution, the juvenile court shall review the placement at least semiannually for the purpose of determining whether:

      (a) Continued placement or supervision is in the best interests of the child and the public; and

      (b) The child is being treated fairly.

      2.  In conducting the review, the juvenile court may:

      (a) Require a written report from the child’s protective services officer, welfare worker or other guardian of the child which includes, but is not limited to, an evaluation of the progress of the child and recommendations for further supervision, treatment or rehabilitation.

      (b) Request any information or statements that the juvenile court deems necessary for the review.

      3.  The juvenile court shall hold dispositional hearings not later than 18 months after the review required by subsection 1, and at least annually thereafter.

      4.  The juvenile court shall hold each dispositional hearing to determine whether:

      (a) The child should be returned to his parent or guardian or other relatives;

      (b) The child’s placement in the foster home or other similar institution should be continued;

      (c) The child should be placed for adoption or under a legal guardianship; or

      (d) The child should remain in the foster home or other similar institution on a long-term basis.

      5.  The provisions of this section do not apply to the placement of a child in the home of the child’s parent or parents.

      6.  This section does not limit the power of the juvenile court to order a review or similar proceeding under subsection 1 other than semiannually.

      7.  In determining the placement of the child pursuant to this section, the juvenile court shall give preference to any person who is related to the child within the third degree of consanguinity if the juvenile court finds that the person is suitable and able to provide proper care and guidance for the child.

      Sec. 143.  1.  The juvenile court may:

      (a) Order such medical, psychiatric, psychological or other care and treatment for a child as the juvenile court deems to be in the best interests of the child; and

      (b) Cause the child to be examined by a physician, psychiatrist, psychologist or other qualified person.

      2.  If the child appears to be in need of medical, psychiatric, psychological or other care or treatment:

      (a) The juvenile court may order the parent or guardian of the child to provide such care or treatment; and


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ê2003 Statutes of Nevada, Page 1065 (Chapter 206, SB 197)ê

 

      (b) If, after due notice, the parent or guardian fails to provide such care or treatment, the juvenile court may order that the child be provided with the care or treatment. When approved by the juvenile court, the expense of such care or treatment is a charge upon the county, but the juvenile court may order the person having the duty under the law to support the child to pay part or all of the expenses of such care or treatment.

      Sec. 144.  1.  The juvenile court may order the parent or guardian of a child to refrain from engaging in or continuing any conduct which the juvenile court believes has caused or tended to cause the child to become subject to the jurisdiction of the juvenile court.

      2.  If the child is less than 18 years of age, the juvenile court may order:

      (a) The parent or guardian of the child; and

      (b) Any sibling or other person who is living in the same household as the child over whom the juvenile court has jurisdiction,

to attend or participate in counseling, with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse, or techniques of dispute resolution.

      Sec. 145.  1.  The juvenile court may order a child or the parent or guardian of the child, or both, to perform community service.

      2.  If the juvenile court orders a child or the parent or guardian of the child, or both, to perform community service pursuant to the provisions of this title, the juvenile court may order the child or the parent or guardian of the child, or both, to deposit with the juvenile court a reasonable sum of money to pay for the cost of a policy for insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the work is performed, unless, in the case of industrial insurance, it is provided by the authority for which the work is performed.

      Sec. 146.  1.  The juvenile court may order that the driver’s license of a child be suspended for at least 90 days but not more than 2 years.

      2.  If the child does not possess a driver’s license, the juvenile court may prohibit the child from receiving a driver’s license for at least 90 days but not more than 2 years:

      (a) Immediately following the date of the order, if the child is eligible to receive a driver’s license.

      (b) After the date the child becomes eligible to apply for a driver’s license, if the child is not eligible to receive a license on the date of the order.

      Sec. 147.  1.  If a child applies for a driver’s license, the Department of Motor Vehicles shall:

      (a) Notify the child of the provisions of this title that permit the juvenile court to suspend or revoke the license of the child; and

      (b) Require the child to sign an affidavit acknowledging that the child is aware that his driver’s license may be suspended or revoked pursuant to the provisions of this title.

      2.  If the juvenile court issues an order delaying the ability of a child to receive a driver’s license, not later than 5 days after issuing the order the juvenile court shall forward to the Department of Motor Vehicles a copy of the order.


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ê2003 Statutes of Nevada, Page 1066 (Chapter 206, SB 197)ê

 

      3.  If the juvenile court issues an order suspending the driver’s license of a child:

      (a) The juvenile court shall order the child to surrender his driver’s license to the juvenile court; and

      (b) Not later than 5 days after issuing the order, the juvenile court shall forward to the Department of Motor Vehicles a copy of the order and the driver’s license of the child.

      4.  If the juvenile court issues an order suspending the driver’s license of a child, the Department of Motor Vehicles:

      (a) Shall report the suspension of the driver’s license of the child to an insurance company or its agent inquiring about the child’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting.

      (b) Shall not treat the suspension in the manner statutorily required for moving traffic violations, unless the suspension resulted from the child’s poor performance as a driver.

      (c) Shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after the suspension of a driver’s license, unless the suspension resulted from the child’s poor performance as a driver.

      Sec. 148.  1.  If a child has not previously been adjudicated delinquent or in need of supervision and the unlawful act committed by the delinquent child did not involve the use or threatened use of force or violence against a victim, the juvenile court may order a child to complete any or all of the following programs:

      (a) A program of cognitive training and human development established pursuant to section 89 of this act.

      (b) A program for the arts as described in section 88 of this act.

      (c) A program of sports or physical fitness as described in section 88 of this act.

      2.  If the juvenile court orders the child to participate in a program of cognitive training and human development, a program for the arts or a program of sports or physical fitness, the juvenile court may order any or all of the following, in the following order of priority if practicable:

      (a) The child or the parent or guardian of the child, or both, to the extent of their financial ability, to pay the costs associated with the participation of the child in the program, including, but not limited to, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program;

      (b) The child to work on projects or perform community service for a period that reflects the costs associated with the participation of the child in the program; or

      (c) The county in which the petition alleging the child to be in need of supervision is filed to pay the costs associated with the participation of the child in the program.

      Sec. 149.  1.  If a court determines that a child who is currently enrolled in school unlawfully caused or attempted to cause serious bodily injury to another person, the court shall provide the information specified in subsection 2 to the school district in which the child is currently enrolled.


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      2.  The information required to be provided pursuant to subsection 1 must include:

      (a) The name of the child;

      (b) A description of any injury sustained by the other person;

      (c) A description of any weapon used by the child; and

      (d) A description of any threats made by the child against the other person before, during or after the incident in which the child injured or attempted to injure the person.

      Sec. 150.  1.  If the juvenile court imposes a fine against:

      (a) A delinquent child pursuant to section 162 of this act;

      (b) A child who has committed a minor traffic offense, except an offense related to metered parking, pursuant to section 161 of this act; or

      (c) A child in need of supervision because the child is a habitual truant pursuant to section 155 of this act,

the juvenile court shall order the child or the parent or guardian of the child to pay an administrative assessment of $10 in addition to the fine.

      2.  The juvenile court shall state separately on its docket the amount of money that the juvenile court collects for the administrative assessment.

      3.  If the child is found not to have committed the alleged act or the charges are dropped, the juvenile court shall return to the child or the parent or guardian of the child any money deposited with the juvenile court for the administrative assessment.

      4.  On or before the fifth day of each month for the preceding month, the clerk of the court shall pay to the county treasurer the money the juvenile court collects for administrative assessments.

      5.  On or before the 15th day of each month, the county treasurer shall deposit the money in the county general fund for credit to a special account for the use of the county’s juvenile court or for services to delinquent children.

      Sec. 151.  The juvenile court may order the parent or guardian of a child to pay, in whole or in part, for the costs related to the proceedings involving the disposition of the case, including, but not limited to:

      1.  Reasonable attorney’s fees;

      2.  Any costs incurred by the juvenile court; and

      3.  Any costs incurred in investigating the acts committed by the child and in taking the child into custody.

      Sec. 152.  1.  Except as otherwise provided in this section, the juvenile court may at any time modify or terminate any decree or order that it has made.

      2.  Except as otherwise provided in section 263 of this act, before the juvenile court may modify or terminate an order committing a child to the custody of the Division of Child and Family Services, the juvenile court shall:

      (a) Provide the Administrator of the Division of Child and Family Services with written notice not later than 10 days before modifying or terminating the order, unless the Administrator waives the right to receive such notice; and

      (b) Give due consideration to the effect that the modification or termination of the order will have upon the child and the programs of the Division of Child and Family Services.


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ê2003 Statutes of Nevada, Page 1068 (Chapter 206, SB 197)ê

 

      Sec. 153.  1.  The provisions of this section and sections 154 and 155 of this act apply to the disposition of a case involving a child who is adjudicated to be in need of supervision.

      2.  If a child is adjudicated to be in need of supervision:

      (a) The juvenile court may issue any orders or take any actions set forth in this section and sections 154 and 155 of this act that the juvenile court deems proper for the disposition of the case; and

      (b) If required by a specific statute, the juvenile court shall issue the appropriate orders or take the appropriate actions set forth in the statute.

      Sec. 154.  A child in need of supervision must not be committed to or otherwise placed in a state facility for the detention of children or any other facility that provides correctional care.

      Sec. 155.  1.  If a child is adjudicated to be in need of supervision because the child is a habitual truant, the juvenile court shall:

      (a) The first time the child is adjudicated to be in need of supervision because the child is a habitual truant:

             (1) Order the child to:

                   (I) Pay a fine of not more than $100 and the administrative assessment required by section 150 of this act; or

                   (II) Perform not less than 8 hours but not more than 16 hours of community service; and

             (2) If the child is 14 years of age or older, order the suspension of the driver’s license of the child for at least 30 days but not more than 6 months. If the child does not possess a driver’s license, the juvenile court shall prohibit the child from applying for a driver’s license for 30 days:

                   (I) Immediately following the date of the order if the child is eligible to apply for a driver’s license; or

                   (II) After the date the child becomes eligible to apply for a driver’s license if the child is not eligible to apply for a driver’s license.

      (b) The second or any subsequent time the child is adjudicated to be in need of supervision because the child is a habitual truant:

             (1) Order the child to:

                   (I) Pay a fine of not more than $200 and the administrative assessment required by section 150 of this act;

                   (II) Perform not more than 10 hours of community service; or

                   (III) Comply with the requirements set forth in both sub‑subparagraphs (I) and (II); and

             (2) If the child is 14 years of age or older, order the suspension of the driver’s license of the child for at least 60 days but not more than 1 year. If the child does not possess a driver’s license, the juvenile court shall prohibit the child from applying for a driver’s license for 60 days:

                   (I) Immediately following the date of the order if the child is eligible to apply for a driver’s license; or

                   (II) After the date the child becomes eligible to apply for a driver’s license if the child is not eligible to apply for a driver’s license.

      2.  The juvenile court may suspend the payment of a fine ordered pursuant to paragraph (a) of subsection 1 if the child attends school for 60 consecutive school days after the imposition of the fine, or has a valid excuse acceptable to his teacher or the principal for any absence from school within that period.

      3.  The community service ordered pursuant to this section must be performed at the child’s school of attendance, if practicable.


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ê2003 Statutes of Nevada, Page 1069 (Chapter 206, SB 197)ê

 

      Sec. 156.  1.  The provisions of sections 156 to 177, inclusive, of this act:

      (a) Apply to the disposition of a case involving a child who is adjudicated delinquent.

      (b) Except as otherwise provided in section 161 of this act, do not apply to the disposition of a case involving a child who is found to have committed a minor traffic offense.

      2.  If a child is adjudicated delinquent:

      (a) The juvenile court may issue any orders or take any actions set forth in sections 156 to 177, inclusive, of this act that the juvenile court deems proper for the disposition of the case; and

      (b) If required by a specific statute, the juvenile court shall issue the appropriate orders or take the appropriate actions set forth in the statute.

      Sec. 157.  1.  If a delinquent child is less than 12 years of age, the juvenile court shall not commit the child to a state facility for the detention of children.

      2.  If a delinquent child is 12 years of age or older, the juvenile court shall not commit the child to a private institution unless the commitment is approved by the superintendent of the state facility for the detention of children to which the child would otherwise have been committed.

      Sec. 158.  1.  The juvenile court may commit a delinquent child to the custody of the Division of Child and Family Services for suitable placement if:

      (a) The child is at least 8 years of age but less than 12 years of age, and the juvenile court finds that the child is in need of placement in a correctional or institutional facility; or

      (b) The child is at least 12 years of age but less than 18 years of age, and the juvenile court finds that the child:

             (1) Is in need of placement in a correctional or institutional facility; and

             (2) Is in need of residential psychiatric services or other residential services for his mental health.

      2.  Before the juvenile court commits a delinquent child to the custody of the Division of Child and Family Services, the juvenile court shall:

      (a) Notify the Division at least 3 working days before the juvenile court holds a hearing to consider such a commitment; and

      (b) At the request of the Division, provide the Division with not more than 10 working days within which to:

             (1) Investigate the child and his circumstances; and

             (2) Recommend a suitable placement to the juvenile court.

      Sec. 159.  1.  Before the juvenile court commits a delinquent child to the custody of the Division of Child and Family Services, the juvenile court shall order that a physician conduct a physical examination of the child, which includes a blood test, test for tuberculosis, urinalysis and an examination for venereal disease.

      2.  Not later than 5 days after the date on which the physical examination is conducted, the physician shall make a written report of the results of the physical examination to the clerk of the court.

      3.  Upon receipt of the written report:

      (a) The clerk of the court shall immediately forward a copy of the written report to the Administrator of the Division of Child and Family Services; and


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ê2003 Statutes of Nevada, Page 1070 (Chapter 206, SB 197)ê

 

      (b) The county auditor shall allow a claim for payment to the physician for the physical examination.

      Sec. 160.  1.  If the juvenile court commits a delinquent child to the custody of the Division of Child and Family Services, the juvenile court may order the parent or guardian of the child to pay, in whole or in part, for the support of the child.

      2.  If the juvenile court orders the parent or guardian of the child to pay for the support of the child:

      (a) The payments must be paid to the Administrator of the Division of Child and Family Services; and

      (b) The Administrator shall deposit the payments with the State Treasurer for credit to a separate account in the State General Fund. The Administrator may expend the money in the separate account to carry out the powers and duties of the Administrator and the Division of Child and Family Services.

      Sec. 161.  1.  If a child is found to have committed a minor traffic offense, the juvenile court may do any or all of the following:

      (a) Order the child to pay a fine. If the juvenile court orders the child to pay a fine, the juvenile court shall order the child to pay an administrative assessment pursuant to section 150 of this act, unless the offense involved a violation of a law or ordinance governing metered parking. If, because of financial hardship, the child is unable to pay the fine, the juvenile court may order the child to perform community service.

      (b) Recommend to the Department of Motor Vehicles the suspension of the driver’s license of the child.

      (c) Order the child to attend and complete a traffic survival course.

      (d) Order the child or the parent or guardian of the child, or both, to pay the reasonable cost for the child to attend the traffic survival course.

      (e) Order the child placed on probation and impose such conditions as the juvenile court deems proper.

      2.  The juvenile court shall forward to the Department of Motor Vehicles, in the form required by NRS 483.450, a record of the minor traffic offense, unless the offense involved a violation of a law or ordinance governing standing or parking.

      3.  As used in this section, “juvenile court” means:

      (a) The juvenile court; or

      (b) The justice’s court or municipal court if the juvenile court has transferred the case and record to the justice’s court or municipal court pursuant to section 52 of this act.

      Sec. 162.  1.  The juvenile court may order a delinquent child to pay a fine.

      2.  If the juvenile court orders a delinquent child to pay a fine, the juvenile court shall order the child to pay an administrative assessment pursuant to section 150 of this act.

      3.  If a delinquent child is less than 17 years of age, the juvenile court may order the parent or guardian of the child to pay any fines and penalties that the juvenile court imposes for the unlawful act committed by the child.

      4.  If, because of financial hardship, the parent or guardian is unable to pay any fines and penalties that the juvenile court imposes for the unlawful act committed by the child, the juvenile court may order the parent or guardian to perform community service.


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ê2003 Statutes of Nevada, Page 1071 (Chapter 206, SB 197)ê

 

      Sec. 163.  The juvenile court may order any child who is:

      1.  Less than 18 years of age and who has been adjudicated delinquent and placed on probation by the juvenile court to be placed in a facility for the detention of children for not more than 30 days for the violation of probation.

      2.  At least 18 years of age but less than 21 years of age and who has been placed on probation by the juvenile court to be placed in a county jail for the violation of probation.

      Sec. 164.  1.  The juvenile court may order a delinquent child to participate in a program of visitation to the office of the county coroner that is established pursuant to this section.

      2.  In determining whether to order the child to participate in such a program, the juvenile court shall consider whether the unlawful act committed by the child involved the use or threatened use of force or violence against himself or others or demonstrated a disregard for the safety or well-being of himself or others.

      3.  The juvenile court may establish a program of visitation to the office of the county coroner in cooperation with the coroner of the county pursuant to this section.

      4.  Before a delinquent child may participate in a program of visitation, the parent or guardian of the child must provide to the juvenile court on a form provided by the juvenile court:

      (a) Written consent for the child to participate in the program of visitation; and

      (b) An executed release of liability for any act or omission, not amounting to gross negligence or willful misconduct of the juvenile court, the county coroner, or any other person administering or conducting a program of visitation, that causes personal injury or illness of the child during the period in which the child participates in the program of visitation.

      5.  A program of visitation must include, but is not limited to:

      (a) A visit to the office of the county coroner at times and under circumstances determined by the county coroner.

      (b) A course to instruct the child concerning:

             (1) The consequences of his actions; and

             (2) An awareness of his own mortality.

      (c) An opportunity for each participant in a program of visitation to evaluate each component of the program.

      6.  The juvenile court may order the child, or the parent or guardian of the child, or both, to pay a fee of not more than $45 based on the ability of the child or the parent or guardian of the child, or both, to pay for the costs associated with the participation of the child in the program of visitation.

      7.  If the juvenile court establishes a program of visitation pursuant to this section, the juvenile court shall, on or before January 15 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report regarding the effect of the program on the incidence of juvenile crime and the rate of recidivism.

      Sec. 165.  1.  Except as otherwise provided in section 166 of this act, the juvenile court may order a delinquent child or the parent or guardian of the child, or both:


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ê2003 Statutes of Nevada, Page 1072 (Chapter 206, SB 197)ê

 

      (a) To provide restitution to the victim of any unlawful act committed by the child; or

      (b) To participate in a program designed to provide restitution to a victim of any unlawful act committed by the child.

      2.  The juvenile court may establish and administer programs which are designed to provide restitution to victims of unlawful acts committed by delinquent children.

      Sec. 166.  1.  If a delinquent child has committed an unlawful act that causes physical injury to a victim of the act, the juvenile court shall order the child to provide restitution to the victim for medical expenses incurred as a result of the act.

      2.  If a delinquent child has committed an unlawful act that damaged or destroyed property owned or possessed by another person, the juvenile court shall order the child to provide restitution to the person who owns or possesses the property.

      3.  If the child is not able to provide restitution pursuant to this section, the juvenile court shall order the parent or guardian of the child to provide restitution, unless the juvenile court determines that extenuating circumstances exist.

      4.  If, because of financial hardship, a delinquent child or the parent or guardian of the child, or both, are unable to provide restitution pursuant to this section, the juvenile court shall order the child or the parent or guardian of the child, or both, to perform community service.

      Sec. 167.  If the juvenile court orders a delinquent child or the parent or guardian of the child, or both, to pay restitution:

      1.  The juvenile court shall determine the amount of restitution the child or parent or guardian of the child, or both, must pay to the victim; and

      2.  The juvenile court may order that the child or parent or guardian of the child, or both, pay restitution in an amount that equals the full amount of the loss incurred by the victim, regardless of the amount of insurance coverage that exists for the loss.

      Sec. 168.  1.  The juvenile court may order a delinquent child to participate in a program of restitution through work that is established pursuant to section 91 of this act if the child:

      (a) Is 14 years of age or older;

      (b) Has never been adjudicated delinquent for an unlawful act that involved the use or threatened use of force or violence against a victim and has never been found to have committed such an unlawful act in any other jurisdiction;

      (c) Is ordered to provide restitution to a victim; and

      (d) Voluntarily agrees to participate in the program of restitution through work.

      2.  If the juvenile court orders a child to participate in a program of restitution through work, the juvenile court may order any or all of the following, in the following order of priority if practicable:

      (a) The child or the parent or guardian of the child, or both, to the extent of their financial ability, to pay the costs associated with the participation of the child in the program, including, but not limited to, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child participates in the program or performs work, unless, in the case of industrial insurance, it is provided by the employer for which the child performs the work; or


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participates in the program or performs work, unless, in the case of industrial insurance, it is provided by the employer for which the child performs the work; or

      (b) The child to work on projects or perform community service for a period that reflects the costs associated with the participation of the child in the program.

      Sec. 169.  If the juvenile court orders a delinquent child or the parent or guardian of the child, or both, to pay restitution to a victim of any unlawful act committed by the child, the victim is not prohibited from bringing a civil action to recover damages incurred as a result of the unlawful act.

      Sec. 170.  1.  The juvenile court shall order a delinquent child to undergo an evaluation to determine whether the child is an abuser of alcohol or other drugs if the child committed:

      (a) An unlawful act in violation of NRS 484.379 or 484.3795;

      (b) The unlawful act of using, possessing, selling or distributing a controlled substance; or

      (c) The unlawful act of purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020.

      2.  The evaluation of the child must be conducted by:

      (a) An alcohol and drug abuse counselor who is licensed or certified or an alcohol and drug abuse counselor intern who is certified pursuant to chapter 641C of NRS to make that classification; or

      (b) A physician who is certified to make that classification by the Board of Medical Examiners.

      3.  The evaluation of the child may be conducted at an evaluation center.

      4.  The person who conducts the evaluation of the child shall report to the juvenile court the results of the evaluation and make a recommendation to the juvenile court concerning the length and type of treatment required for the child.

      5.  The juvenile court shall:

      (a) Order the child to undergo a program of treatment as recommended by the person who conducts the evaluation of the child.

      (b) Require the treatment facility to submit monthly reports on the treatment of the child pursuant to this section.

      (c) Order the child or the parent or guardian of the child, or both, to the extent of their financial ability, to pay any charges relating to the evaluation and treatment of the child pursuant to this section. If the child or the parent or guardian of the child, or both, do not have the financial resources to pay all those charges:

             (1) The juvenile court shall, to the extent possible, arrange for the child to receive treatment from a treatment facility which receives a sufficient amount of federal or state money to offset the remainder of the costs; and

             (2) The juvenile court may order the child, in lieu of paying the charges relating to his evaluation and treatment, to perform community service.

      6.  After a treatment facility has certified a child’s successful completion of a program of treatment ordered pursuant to this section, the treatment facility is not liable for any damages to person or property caused by a child who:


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      (a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engages in any other conduct prohibited by NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of any other jurisdiction that prohibits the same or similar conduct.

      7.  The provisions of this section do not prohibit the juvenile court from:

      (a) Requiring an evaluation to be conducted by a person who is employed by a private company if the company meets the standards of the Health Division of the Department of Human Resources. The evaluation may be conducted at an evaluation center.

      (b) Ordering the child to attend a program of treatment which is administered by a private company.

      8.  All information relating to the evaluation or treatment of a child pursuant to this section is confidential and, except as otherwise authorized by the provisions of this title or the juvenile court, must not be disclosed to any person other than:

      (a) The juvenile court;

      (b) The child;

      (c) The attorney for the child, if any;

      (d) The parents or guardian of the child;

      (e) The district attorney; and

      (f) Any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child.

      9.  A record of any finding that a child has violated the provisions of NRS 484.379 or 484.3795 must be included in the driver’s record of that child for 7 years after the date of the offense.

      Sec. 171.  1.  Except as otherwise provided in this section, if a child is adjudicated delinquent for the unlawful act of using, possessing, selling or distributing a controlled substance, or purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020, the juvenile court shall:

      (a) If the child possesses a driver’s license, issue an order suspending the driver’s license of the child for at least 90 days but not more than 2 years; or

      (b)  If the child does not possess a driver’s license and the child is or will be eligible to receive a driver’s license within the 2 years immediately following the date of the order, issue an order prohibiting the child from receiving a driver’s license for a period specified by the juvenile court which must be at least 90 days but not more than 2 years:

             (1) Immediately following the date of the order, if the child is eligible to receive a driver’s license; or

             (2) After the date the child will be eligible to receive a driver’s license, if the child is not eligible to receive a license on the date of the order.

      2.  If the child is already the subject of a court order suspending or delaying the issuance of his driver’s license, the juvenile court shall order the additional suspension or delay, as appropriate, to apply consecutively with the previous order.


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ê2003 Statutes of Nevada, Page 1075 (Chapter 206, SB 197)ê

 

      Sec. 172.  1.  If a child is adjudicated delinquent for an unlawful act in violation of NRS 484.379 or 484.3795, the juvenile court shall, if the child possesses a driver’s license:

      (a) Issue an order revoking the driver’s license of the child for 90 days and requiring the child to surrender his driver’s license to the juvenile court; and

      (b) Not later than 5 days after issuing the order, forward to the Department of Motor Vehicles a copy of the order and the driver’s license of the child.

      2.  The Department of Motor Vehicles shall order the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement of the driver’s license of the child.

      3.  If the child is adjudicated delinquent for a subsequent unlawful act in violation of NRS 484.379 or 484.3795, the juvenile court shall order an additional period of revocation to apply consecutively with the previous order.

      4.  The juvenile court may authorize the Department of Motor Vehicles to issue a restricted driver’s license pursuant to NRS 483.490 to a child whose driver’s license is revoked pursuant to this section.

      Sec. 173.  1.  If a child is adjudicated delinquent because the child handled or possessed a firearm or had a firearm under his control in violation of NRS 202.300, the juvenile court shall:

      (a) For the first offense:

             (1) Order the child to perform 200 hours of community service; and

             (2) Issue an order suspending the driver’s license of the child for not more than 1 year or, if the child does not possess a driver’s license, prohibit the child from receiving a driver’s license for not more than 1 year:

                   (I) Immediately following the date of the order, if the child is eligible to receive a driver’s license.

                   (II) After the date the child becomes eligible to receive a driver’s license, if the child is not eligible to receive a license on the date of the order.

      (b) For the second offense:

             (1) Order the child to perform at least 200 hours but not more than 600 hours of community service; and

             (2) Issue an order suspending the driver’s license of the child for at least 90 days but not more than 2 years or, if the child does not possess a driver’s license, prohibit the child from receiving a driver’s license for at least 90 days but not more than 2 years:

                   (I) Immediately following the date of the order, if the child is eligible to receive a driver’s license.

                   (II) After the date the child becomes eligible to receive a driver’s license, if the child is not eligible to receive a license on the date of the order.

      2.  If the child is already the subject of a court order suspending or delaying the issuance of his driver’s license, the juvenile court shall order an additional suspension or delay, as appropriate, to apply consecutively with the previous order.


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      Sec. 174.  If a child is adjudicated delinquent because the child handled or possessed a firearm or had a firearm under his control in violation of NRS 202.300, the juvenile court shall:

      1.  Order that any license to hunt issued to the child pursuant to chapter 502 of NRS must be revoked by the Division of Wildlife of the State Department of Conservation and Natural Resources;

      2.  Order that the child must not receive a license to hunt within the 2 years immediately following the date of the order or until the child is 18 years of age, whichever is later;

      3.  Order the child to surrender to the juvenile court any license to hunt then held by the child; and

      4.  Not later than 5 days after issuing the order, forward to the Division of Wildlife any license to hunt surrendered by the child and a copy of the order.

      Sec. 175.  1.  In determining the appropriate disposition of a case of a delinquent child, the juvenile court shall consider whether the unlawful act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act.

      2.  If the juvenile court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim, the juvenile court shall include the finding in its order and may:

      (a) Commit the child for confinement in a secure facility for the detention of children, including a facility which is secured by its staff.

      (b) Impose any other punitive measures that the juvenile court determines to be in the best interests of the public or the child.

      Sec. 176.  1.  If a child is adjudicated delinquent for an unlawful act that involves cruelty to or torture of an animal, the juvenile court shall order the child to participate in counseling or other psychological treatment.

      2.  The juvenile court shall order the child or the parent or guardian of the child, or both, to the extent of their financial ability, to pay the cost of the child to participate in the counseling or other psychological treatment.

      3.  As used in this section:

      (a) “Animal” does not include the human race, but includes every other living creature.

      (b) “Torture” or “cruelty” includes every act, omission or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted.

      Sec. 177.  1.  Except as otherwise provided in this section, if a child is adjudicated delinquent for the unlawful act of placing graffiti on or otherwise defacing public or private property owned or possessed by another person in violation of NRS 206.125 or 206.330, the juvenile court may:

      (a) If the child possesses a driver’s license, issue an order suspending the driver’s license of the child for at least 90 days but not more than 2 years; or

      (b) If the child does not possess a driver’s license and the child is or will be eligible to receive a driver’s license within the 2 years immediately following the date of the order, issue an order prohibiting the child from receiving a driver’s license for a period specified by the juvenile court which must be at least 90 days but not more than 2 years:


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receiving a driver’s license for a period specified by the juvenile court which must be at least 90 days but not more than 2 years:

             (1) Immediately following the date of the order, if the child is eligible to receive a driver’s license; or

             (2) After the date the child will be eligible to receive a driver’s license, if the child is not eligible to receive a license on the date of the order.

      2.  If the child is already the subject of a court order suspending or delaying the issuance of his driver’s license, the juvenile court shall order the additional suspension or delay, as appropriate, to apply consecutively with the previous order.

      Sec. 178.  Title 5 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 179 to 192, inclusive, of this act.

      Sec. 179.  1.  If a child is adjudicated delinquent for an unlawful act that, if committed by an adult, would have constituted kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home, the juvenile court shall, at the request of the district attorney, conduct a separate hearing to determine whether the act was sexually motivated.

      2.  At the hearing, only evidence concerning the question of whether the unlawful act was sexually motivated may be presented.

      3.  After hearing the evidence, the juvenile court shall determine whether the unlawful act was sexually motivated and shall enter its finding in the record.

      4.  For the purposes of this section, an unlawful act is “sexually motivated” if one of the purposes for which the child committed the unlawful act was his sexual gratification.

      Sec. 180.  As used in sections 180 to 185, inclusive, of this act, unless the context otherwise requires, “sexual offense” means:

      1.  Sexual assault pursuant to NRS 200.366;

      2.  Battery with intent to commit sexual assault pursuant to NRS 200.400;

      3.  An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;

      4.  Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony;

      5.  Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony;

      6.  Lewdness with a child pursuant to NRS 201.230;

      7.  Sexual penetration of a dead human body pursuant to NRS 201.450;

      8.  Annoyance or molestation of a minor pursuant to NRS 207.260, if punishable as a felony; or

      9.  An attempt to commit an offense listed in this section, if punishable as a felony.

      Sec. 181.  1.  In addition to any other action authorized or required pursuant to the provisions of this title and except as otherwise provided in section 185 of this act, if a child is adjudicated delinquent for an unlawful act that would have been a sexual offense if committed by an adult or is adjudicated delinquent for a sexually motivated act, the juvenile court shall:


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ê2003 Statutes of Nevada, Page 1078 (Chapter 206, SB 197)ê

 

      (a) Place the child under the supervision of a probation officer or parole officer, as appropriate, for a period of not less than 3 years.

      (b) Except as otherwise provided in sections 183 and 184 of this act, prohibit the child from attending a public school or private school that a victim of the sexual offense or the sexually motivated act is attending for the period ordered by the juvenile court pursuant to paragraph (a).

      (c) Order the parent or guardian of the child to inform the probation officer or parole officer, as appropriate, assigned to the child each time the child expects to change the public school or private school that the child is attending, not later than 20 days before the expected date of the change.

      (d) Order the parent or guardian of the child, to the extent of his financial ability, to reimburse all or part of the additional costs of transporting the child, if the costs are incurred by a county school district pursuant to NRS 392.251 to 392.271, inclusive.

      (e) Inform the parent or guardian of the child of the requirements of sections 180 to 185, inclusive, of this act and NRS 392.251 to 392.271, inclusive, and 394.162 to 394.167, inclusive.

      2.  The juvenile court may authorize a superintendent of a county school district or the executive head of a private school who receives notification from a probation officer or parole officer, as appropriate, pursuant to section 182 of this act to inform other appropriate educational personnel that the child has been adjudicated delinquent for a sexual offense or a sexually motivated act.

      3.  Except as otherwise provided in section 185 of this act, the juvenile court may not terminate its jurisdiction concerning the child for the purposes of carrying out the provisions of sections 180 to 185, inclusive, of this act for the period ordered by the juvenile court pursuant to paragraph (a) of subsection 1.

      Sec. 182.  1.  If a child has been adjudicated delinquent for a sexual offense or a sexually motivated act, the probation officer or parole officer, as appropriate, assigned to the child shall provide notice that the child has been adjudicated delinquent for a sexual offense or a sexually motivated act to:

      (a) The superintendent of the county school district in which the child resides; or

      (b) If the child is attending a private school within this state, the executive head of the private school.

      2.  If the probation officer or parole officer, as appropriate, assigned to the child is informed by the parent or guardian of the child that the child expects to change the public school or private school that the child is attending or if the probation officer or parole officer otherwise becomes aware of such a change, the probation officer or parole officer shall provide notification that the child has been adjudicated delinquent for a sexual offense or a sexually motivated act to:

      (a) The superintendent of the county school district in which the child is or will be residing; or

      (b) If the child is or will be attending a private school within this state, the executive head of the private school.

      3.  Notification provided pursuant to this section must include the name of each victim of a sexual offense or a sexually motivated act committed by the child if the victim is attending a public school or private school within this state.


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      Sec. 183.  1.  The juvenile court may permit a child who has been adjudicated delinquent for a sexual offense or a sexually motivated act to attend a public school or private school that a victim of the sexual offense or the sexually motivated act is attending if, upon the request of the child, the superintendent of the county school district or the executive head of the private school:

      (a) The juvenile court develops and approves an alternative plan of supervision for the child that protects the safety and the interests of the victim;

      (b) The victim and the parent or guardian of the victim consent, in writing, to the plan;

      (c) The superintendent of the county school district or the executive head of the private school consents, in writing, to the plan; and

      (d) The child and the parent or guardian of the child agree, in writing, to comply with the conditions of the plan.

      2.  As part of an alternative plan of supervision, the juvenile court shall impose reasonable conditions on the child and, if necessary to facilitate the alternative plan, on the parent or guardian of the child. The conditions must be designed to protect the safety and the interests of the victim and to ensure that the child complies with the plan.

      3.  Upon its own motion or upon a request from the district attorney, the victim, the parent or guardian of the victim or the probation officer or parole officer, as appropriate, assigned to the child, the juvenile court may modify or rescind the alternative plan of supervision or a condition of the alternative plan after providing notice and an opportunity to be heard to the child, the parent or guardian of the child, the district attorney and the parties who consented to the alternative plan. If a proposed modification is reasonably likely to increase contact between the victim and the child, the juvenile court may not make the modification without the written consent of the victim and the parent or guardian of the victim. If the juvenile court rescinds the alternative plan of supervision, the child is subject to the provisions of sections 180 to 185, inclusive, of this act as if the alternative plan had not existed.

      4.  Before the juvenile court accepts the written consent of the victim and the parent or guardian of the victim pursuant to this section, the juvenile court shall inform them of their right to withhold consent and, except as otherwise provided in section 184 of this act, their right to have the child not attend the public school or private school the victim is attending.

      Sec. 184.  1.  If the juvenile court does not approve an alternative plan of supervision pursuant to section 183 of this act for a child who has been adjudicated delinquent for a sexual offense or a sexually motivated act, the superintendent of the county school district or the executive head of the private school may request that the juvenile court approve an alternative plan of attendance for the child.

      2.  An alternative plan of attendance:

      (a) Must be designed to prevent contact between the victim and the child during school hours and during extracurricular activities conducted on school grounds; and

      (b) Must not interfere with or alter the schedule of classes or the extracurricular activities of the victim.


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      3.  Before approving an alternative plan of attendance, the juvenile court shall provide notice and an opportunity to be heard to the child, the parent or guardian of the child, the district attorney, the victim and the parent or guardian of the victim.

      4.  If the juvenile court approves an alternative plan of attendance, the district attorney, the victim or the parent or guardian of the victim may petition the juvenile court to modify or rescind the alternative plan on the basis that:

      (a) The alternative plan is not protecting the safety or the interests of the victim; or

      (b) The child or the public school or private school is not complying with the alternative plan.

      5.  Upon receiving a petition to modify or rescind an alternative plan of attendance, the juvenile court may modify or rescind the alternative plan after providing notice and an opportunity to be heard to the child, the parent or guardian of the child, the district attorney, the victim, the parent or guardian of the victim and the superintendent of the county school district or the executive head of the private school.

      6.  If the juvenile court rescinds the alternative plan of attendance, the child is subject to the provisions of sections 180 to 185, inclusive, of this act as if the alternative plan had not existed.

      Sec. 185.  1.  A probation officer or parole officer, as appropriate, assigned to a child who is subject to the provisions of sections 180 to 185, inclusive, of this act may submit a petition to the juvenile court requesting that the court terminate the applicability of the provisions of sections 180 to 185, inclusive, of this act with respect to the child if:

      (a) At the time the child committed the sexual offense or the sexually motivated act for which the child was adjudicated delinquent, the child and the victim of the sexual offense or sexually motivated act were members of the same family or household;

      (b) The child has complied with the terms and conditions of his probation or parole, including, but not limited to, the completion of any counseling in which the child was ordered to participate;

      (c) The child’s counselor recommends, in writing, that the juvenile court terminate the applicability of the provisions of sections 180 to 185, inclusive, of this act with respect to the child to allow the reunification of the family or household; and

      (d) The victim and the parent or guardian of the victim consent, in writing, to the termination of the applicability of the provisions of sections 180 to 185, inclusive, of this act with respect to the child to allow the reunification of the family or household.

      2.  If the juvenile court grants a petition requested pursuant to this section, the juvenile court shall provide written notice to the public school or private school which the child is attending that the juvenile court has terminated the applicability of the provisions of sections 180 to 185, inclusive, of this act with respect to the child.

      Sec. 186.  As used in sections 186 to 192, inclusive, of this act unless the context otherwise requires, “sexual offense” means:

      1.  Sexual assault pursuant to NRS 200.366;

      2.  Battery with intent to commit sexual assault pursuant to NRS 200.400;


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      3.  An offense involving pornography and a minor pursuant to NRS 200.710 or 200.720;

      4.  Lewdness with a child pursuant to NRS 201.230; or

      5.  An attempt to commit an offense listed in this section.

      Sec. 187.  Except as otherwise provided in subsection 2 of section 192 of this act, the provisions of sections 186 to 192, inclusive, of this act do not apply to a child who is subject to registration and community notification pursuant to NRS 179D.350 to 179D.800, inclusive, before reaching 21 years of age.

      Sec. 188.  1.  In addition to any other action authorized or required pursuant to the provisions of this title, if a child is adjudicated delinquent for an unlawful act that would have been a sexual offense if committed by an adult or is adjudicated delinquent for a sexually motivated act, the juvenile court shall:

      (a) Notify the Attorney General of the adjudication, so the Attorney General may arrange for the assessment of the risk of recidivism of the child pursuant to the guidelines and procedures for community notification;

      (b) Place the child under the supervision of a probation officer or parole officer, as appropriate, for a period of not less than 3 years;

      (c) Inform the child and the parent or guardian of the child that the child is subject to community notification as a juvenile sex offender and may be subject to registration and community notification as an adult sex offender pursuant to section 191 of this act; and

      (d) Order the child, and the parent or guardian of the child during the minority of the child, while the child is subject to community notification as a juvenile sex offender, to inform the probation officer or parole officer, as appropriate, assigned to the child of a change of the address at which the child resides not later than 48 hours after the change of address.

      2.  The juvenile court may not terminate its jurisdiction concerning the child for the purposes of carrying out the provisions of sections 186 to 192, inclusive, of this act until the child is no longer subject to community notification as a juvenile sex offender pursuant to sections 186 to 192, inclusive, of this act.

      Sec. 189.  1.  If a child has been adjudicated delinquent for a sexual offense or a sexually motivated act, the probation officer or parole officer, as appropriate, assigned to the child shall notify the local law enforcement agency in whose jurisdiction the child resides that the child:

      (a) Has been adjudicated delinquent for a sexual offense or a sexually motivated act; and

      (b) Is subject to community notification as a juvenile sex offender.

      2.  If the probation officer or parole officer, as appropriate, assigned to the child is informed by the child or the parent or guardian of the child that the child has changed the address at which the child resides or if the probation officer or parole officer otherwise becomes aware of such a change, the probation officer or parole officer shall notify:

      (a) The local law enforcement agency in whose jurisdiction the child last resided that the child has moved; and

      (b) The local law enforcement agency in whose jurisdiction the child is now residing that the child:

             (1) Has been adjudicated delinquent for a sexual offense or a sexually motivated act; and


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             (2) Is subject to community notification as a juvenile sex offender.

      Sec. 190.  1.  If a child who has been adjudicated delinquent for a sexual offense or a sexually motivated act has not previously been relieved of being subject to community notification as a juvenile sex offender, the juvenile court may, at any appropriate time, hold a hearing to determine whether the child should be relieved of being subject to community notification as a juvenile sex offender.

      2.  If the juvenile court determines at the hearing that the child has been rehabilitated to the satisfaction of the juvenile court and that the child is not likely to pose a threat to the safety of others, the juvenile court may relieve the child of being subject to community notification as a juvenile sex offender.

      Sec. 191.  Except as otherwise provided in sections 186 to 192, inclusive, of this act:

      1.  If a child who has been adjudicated delinquent for a sexual offense or a sexually motivated act is not relieved of being subject to community notification as a juvenile sex offender before the child reaches 21 years of age, the juvenile court shall hold a hearing when the child reaches 21 years of age to determine whether the child should be deemed an adult sex offender for the purposes of registration and community notification pursuant to NRS 179D.350 to 179D.800, inclusive.

      2.  If the juvenile court determines at the hearing that the child has been rehabilitated to the satisfaction of the juvenile court and that the child is not likely to pose a threat to the safety of others, the juvenile court shall relieve the child of being subject to community notification.

      3.  If the juvenile court determines at the hearing that the child has not been rehabilitated to the satisfaction of the juvenile court or that the child is likely to pose a threat to the safety of others, the juvenile court shall deem the child to be an adult sex offender for the purposes of registration and community notification pursuant to NRS 179D.350 to 179D.800, inclusive.

      4.  If a child is deemed to be an adult sex offender pursuant to this section, the juvenile court shall notify the Central Repository so the Central Repository may carry out the provisions for registration of the child as an adult sex offender pursuant to NRS 179D.450.

      Sec. 192.  1.  The records relating to a child must not be sealed pursuant to the provisions of sections 218 to 225, inclusive, of this act while the child is subject to community notification as a juvenile sex offender.

      2.  If a child is deemed to be an adult sex offender pursuant to section 191 of this act, is convicted of a sexual offense, as defined in NRS 179D.410, before reaching 21 years of age or is otherwise subject to registration and community notification pursuant to NRS 179D.350 to 179D.800, inclusive, before reaching 21 years of age:

      (a) The records relating to the child must not be sealed pursuant to the provisions of sections 218 to 225, inclusive, of this act; and

      (b) Each delinquent act committed by the child that would have been a sexual offense, as defined in NRS 179D.410 if committed by an adult, shall be deemed to be a criminal conviction for the purposes of:

             (1) Registration and community notification pursuant to NRS 179D.350 to 179D.800, inclusive; and


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             (2) The statewide registry established within the Central Repository pursuant to chapter 179B of NRS.

      Sec. 193.  Title 5 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 194 to 201, inclusive, of this act.

      Sec. 194.  As used in this chapter, “special supervision program” means a probation program established in any county which meets the standards prescribed by this chapter for the rehabilitation of delinquent children and which includes:

      1.  A degree of supervision substantially above the usual; and

      2.  The use of new techniques rather than routine supervision techniques.

      Sec. 195.  1.  It is the policy of this state to rehabilitate delinquent children, to effect a more even administration of justice and to increase the public welfare of the citizens of this state.

      2.  It is the purpose of this chapter to reduce the necessity for commitment of delinquent children to a state facility for the detention of children by strengthening and improving local supervision of children placed on probation by the juvenile court.

      Sec. 196.  1.  The Department of Human Resources shall adopt:

      (a) Rules and regulations setting forth minimum standards for the operation of special supervision programs; and

      (b) Other rules as may be necessary for the administration of the provisions of this chapter.

      2.  The standards must be sufficiently flexible to foster the development of new and improved supervision practices and techniques.

      3.  In developing the standards, the Department of Human Resources shall seek advice from the appropriate officials in those counties that participate in a special supervision program.

      Sec. 197.  From any legislative appropriation for such purpose and in accordance with the provisions of this chapter, the State of Nevada shall share the costs of supervising any delinquent child:

      1.  Who is supervised pursuant to a special supervision program; and

      2.  Who would otherwise be committed to a state facility for the detention of children.

      Sec. 198.  1.  The juvenile court in each county may apply to the Department of Human Resources to have the State of Nevada share the costs of supervising any delinquent child in a special supervision program.

      2.  The application must:

      (a) Be in the form prescribed by the Department of Human Resources;

      (b) Include a plan or plans for providing special supervision programs; and

      (c) Include assurances that such funds will not be used to replace local funds for existing programs for delinquent children.

      3.  The Department of Human Resources shall not distribute any money to a juvenile court pursuant to the provisions of this chapter until:

      (a) The Department approves the application of the juvenile court; and

      (b) The juvenile court has complied with the provisions of this chapter.

      Sec. 199.  1.  The Department of Human Resources shall determine the applicable costs to the State of Nevada in calculating the amount of money to be distributed to each juvenile court.


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      2.  The Department of Human Resources shall distribute money to each juvenile court proportionately on the basis of:

      (a) The population of the county within the jurisdiction of the juvenile court; and

      (b) Any other factors that the Department determines to be relevant in accordance with the regulations adopted pursuant to the provisions of this chapter.

      3.  If a juvenile court does not submit an application to the Department of Human Resources pursuant to the provisions of this chapter, the Department may distribute the proportionate share that otherwise would have been distributed to that juvenile court to other juvenile courts in accordance with the regulations adopted pursuant to the provisions of this chapter.

      Sec. 200.  1.  Except as otherwise provided in this section, each juvenile court shall use the money distributed by the Department of Human Resources pursuant to the provisions of this chapter to:

      (a) Carry out the purposes of this chapter;

      (b) Employ necessary probation officers who shall carry caseloads substantially less than required for normal or routine supervision; and

      (c) Initiate new techniques and services of an innovative nature for delinquent children.

      2.  Any money which is distributed to a juvenile court pursuant to the provisions of this chapter for any fiscal year beginning on or after July 1, 1991, and which represents an increase over the amount distributed to the juvenile court pursuant to the provisions of this chapter for the fiscal year ending June 30, 1991:

      (a) Must not be used to offset the salaries of governmental employees.

      (b) May be used only for the purchase of goods, property or services necessary to carry out the purposes of this chapter.

      Sec. 201.  1.  Each juvenile court receiving funds pursuant to the provisions of this chapter shall report to the Department of Human Resources, on or before July 1 and December 31 of each year, the experience and results of the juvenile court in complying with the purposes of this chapter.

      2.  The Department of Human Resources shall compile such reports and submit them to the Legislature upon its convening in regular session.

      Sec. 202.  Title 5 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 203 to 212, inclusive, of this act.

      Sec. 203.  1.  Any facility for the detention of children:

      (a) Must be constructed and conducted as nearly like a home as possible;

      (b) Must not be deemed to be or treated as a penal institution; and

      (c) Except as otherwise provided in subsection 2, must not adjoin, be located on the same grounds as, or share common facilities or common grounds with a prison, an adult jail or an adult lockup.

      2.  If a facility for the detention of children complies with the provisions of 28 C.F.R. § 31.303 relating to collocated facilities, the facility for the detention of children may adjoin, be located on the same grounds as, or share common facilities or common grounds with an adult jail or an adult lockup.

      Sec. 204.  1.  The board of county commissioners:


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      (a) In a county whose population is 50,000 or more, shall provide a facility for the detention of children.

      (b) In all other counties, may provide a facility for the detention of children.

      2.  The boards of county commissioners of two or more counties, without regard to the population of the counties, may provide a combined facility for the detention of children under terms agreed upon by the boards of county commissioners and the juvenile courts of the affected judicial districts.

      3.  In addition to any facilities for the detention of children, a board of county commissioners may establish or maintain programs which provide alternatives to placing a child in a facility for the detention of children.

      Sec. 205.  1.  Except as otherwise provided in subsection 6, each county shall pay an assessment for the operation of each regional facility for the detention of children that is partially supported by the State of Nevada and is operated by a county whose population is less than 400,000.

      2.  The assessment owed by each county equals the total amount budgeted by the Legislature for the operation of the regional facility, minus any money appropriated by the Legislature for the support of the regional facility, divided by the total number of pupils in this state in the preceding school year, excluding pupils in counties whose population is 400,000 or more, and multiplied by the number of pupils in the assessed county. The Administrator of the Division of Child and Family Services shall calculate the assessment owed by each county in June of each year for the ensuing fiscal year.

      3.  Each county must pay the assessed amount to the Division of Child and Family Services in quarterly installments that are due the first day of the first month of each calendar quarter.

      4.  The Administrator of the Division of Child and Family Services shall deposit the money received pursuant to subsection 3 in a separate account in the State General Fund. The money in the account may be withdrawn only by the Administrator for the operation of regional facilities for the detention of children.

      5.  Revenue raised by a county to pay the assessment required pursuant to subsection 1 is not subject to the limitations on revenue imposed pursuant to chapter 354 of NRS and must not be included in the calculation of those limitations.

      6.  The provisions of this section do not apply to a county whose population is 400,000 or more.

      7.  As used in this section, “regional facility for the detention of children” or “regional facility” does not include the institution in Lyon County known as Western Nevada Regional Youth Center.

      Sec. 206.  1.  Except as otherwise provided in subsection 5, each county shall pay an assessment for the operation of a regional facility for the detention of children that serves the county if the regional facility:

      (a) Is operated by a county whose population is less than 400,000 or an administrative entity established pursuant to NRS 277.080 to 277.180, inclusive, by counties whose populations are less than 400,000 each;

      (b) Is established by two or more counties pursuant to an interlocal agreement or by one county if the regional facility is operated pursuant to an interlocal agreement to benefit other counties; and


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      (c) Is not partially supported by the State of Nevada and does not receive money from the State of Nevada other than any fees paid to the regional facility for a child referred to the regional facility by the State of Nevada.

      2.  The administrator of a regional facility for the detention of children shall calculate the assessment owed by each county pursuant to subsection 1 on or before March 1 of each year for the ensuing fiscal year. The assessment owed by each county equals:

      (a) For the first 2 years of operation of the regional facility, the total amount budgeted for the operation of the regional facility by the governing body of the county or other entity responsible for the operation of the regional facility, minus any money received from the State of Nevada to pay for fees for a child referred to the regional facility by the State of Nevada, divided by the total number of pupils in the preceding school year in all counties served by the regional facility and multiplied by the number of pupils in the preceding school year in the assessed county.

      (b) For each year subsequent to the second year of operation of the regional facility, unless the counties served by the regional facility enter into an interlocal agreement to the contrary, the total of:

             (1) The total amount budgeted for the operation of the regional facility by the governing body of the county or other entity responsible for the operation of the regional facility, minus any money received from the State of Nevada to pay for fees for a child referred to the regional facility by the State of Nevada, divided by the total number of pupils in the preceding school year in all counties served by the regional facility, multiplied by the number of pupils in the preceding school year in the assessed county and multiplied by one-fourth; and

             (2) The total amount budgeted for the operation of the regional facility by the governing body of the county or other entity responsible for the operation of the regional facility, minus any money received from the State of Nevada to pay for fees for a child referred to the regional facility by the State of Nevada, divided by the total number of pupils who were served by the regional facility in the preceding school year from all counties served by the regional facility, multiplied by the number of pupils who were served by the regional facility in the preceding school year from the assessed county and multiplied by three-fourths.

      3.  Each county shall pay the assessment required pursuant to subsection 1 to the treasurer of the county if the regional facility is operated by a county or to the administrative entity responsible for the operation of the regional facility in quarterly installments that are due on the first day of the first month of each calendar quarter. The money must be accounted for separately and may only be withdrawn by the administrator of the regional facility.

      4.  The board of county commissioners of each county may pay the assessment from revenue raised by a tax levied pursuant to NRS 354.59818, any other available money, or a combination thereof.

      5.  The provisions of this section do not apply to a county whose population is 400,000 or more.

      6.  As used in this section, “regional facility for the detention of children” or “regional facility” does not include the institution in Douglas County known as China Spring Youth Camp.


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      Sec. 207.  1.  All expenses incurred in complying with the provisions of this title are a charge against the county, except for expenses that must be paid by the State of Nevada pursuant to the provisions of sections 231 to 282, inclusive, of this act or a specific statute.

      2.  Except as otherwise provided in subsection 3, within the limits provided by the board of county commissioners, the juvenile court shall fix the salaries, expenses and other compensation of masters of the juvenile court, probation officers and all employees of the juvenile court.

      3.  If the board of county commissioners has established a department of juvenile justice services by ordinance pursuant to sections 82 to 87, inclusive, of this act, the board of county commissioners shall fix the salaries, expenses and other compensation of probation officers, assistant probation officers and all employees of the department of juvenile justice services.

      Sec. 208.  1.  If a child is detained other than pursuant to a court order in a local or regional facility for the detention of children, the county that has detained the child is entitled to reimbursement from the parent or guardian of the child for all money expended by the county for the support of the child during the period of the child’s detention.

      2.  If the parent or guardian of the child fails or refuses to reimburse the county, the board of county commissioners may recover from the parent or guardian, by appropriate legal action, all money due plus interest thereon at the rate of 7 percent per annum.

      Sec. 209.  1.  If a child becomes subject to the jurisdiction of the juvenile court and the child receives ancillary services that are administered or financed by a county, including, but not limited to, transportation or psychiatric, psychological or medical services, the county is entitled to reimbursement from the parent or guardian of the child for all money expended by the county for such services.

      2.  To determine the amount that the parent or guardian of the child must reimburse the county for such services:

      (a) The board of county commissioners may adopt a sliding scale based on the ability of the parent or guardian to pay; and

      (b) The juvenile court shall review each case and make a finding as to the reasonableness of the charge in relation to the ability of the parent or guardian to pay.

      3.  If the parent or guardian of the child fails or refuses to reimburse the county, the board of county commissioners may recover from the parent or guardian, by appropriate legal action, all money due plus interest thereon at the rate of 7 percent per annum commencing 30 days after an itemized statement of all money due is submitted to the parent or guardian.

      Sec. 210.  Except as otherwise provided in this chapter, if the juvenile court commits a child to the custody of a person who is not the parent or guardian of the child or to the custody of a public or private institution or agency, and no provision is otherwise made by law for the support of the child, the expenses incurred for the support of the child while in such custody, if approved by an order of the juvenile court, are a charge upon the county where the child has a legal residence.

      Sec. 211.  1.  Except as otherwise provided in this subsection, if a child is committed to the custody of a regional facility for the detention of children, the juvenile court may order the county where the child has a legal residence to pay the expenses incurred for the support of the child in an amount equal to any money paid for that purpose by the Division of Child and Family Services.


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an amount equal to any money paid for that purpose by the Division of Child and Family Services. Such an order may not be entered if the county maintains the facility to which the child is committed.

      2.  The juvenile court may order the parent or guardian of the child to reimburse the county, in whole or in part, for any money expended by the county for the support of the child.

      3.  This section does not prohibit the juvenile court from providing for the support of the child in any other manner authorized by law.

      Sec. 212.  1.  Notwithstanding any other statute providing for the support of a child, after the parent or guardian of a child has been given notice and a reasonable opportunity to be heard, the juvenile court may order the parent or guardian to pay, in such a manner as the juvenile court may direct and within the ability of the parent or guardian to pay, money to cover in whole or in part the support of the child.

      2.  If the parent or guardian of the child willfully fails or refuses to pay the money due, the juvenile court may proceed against the parent or guardian for contempt.

      3.  If the juvenile court orders the parent or guardian of the child to pay for the support of the child pursuant to this section, the money must be paid to the superintendent of the county school district or fiscal officer of the institution to which the child is committed, or the chief administrative officer of the agency to whom the child is committed.

      Sec. 213.  Title 5 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 214 to 229, inclusive, of this act.

      Sec. 214.  1.  The fingerprints of a child must be taken if the child is in custody for an unlawful act that, if committed by an adult, would have been:

      (a) A felony, gross misdemeanor or sexual offense; or

      (b) A misdemeanor and the unlawful act involved:

             (1) The use or threatened use of force or violence against the victim; or

             (2) The possession, use or threatened use of a firearm or a deadly weapon.

      2.  The fingerprints of a child who is in custody but who is not subject to the provisions of subsection 1 may be taken if a law enforcement officer finds latent fingerprints during the investigation of an offense and the officer has reason to believe that the latent fingerprints are those of the child. The officer shall use the fingerprints taken from the child to make an immediate comparison with the latent fingerprints. If the comparison is:

      (a) Negative, the fingerprint card and other copies of the fingerprints taken may be immediately destroyed or may be retained for future use.

      (b) Positive, the fingerprint card and other copies of the fingerprints:

             (1) Must be delivered to the juvenile court for disposition if the child is referred to the juvenile court.

             (2) May be immediately destroyed or may be retained for future use if the child is not referred to the juvenile court.

      3.  Fingerprints that are taken from a child pursuant to the provisions of this section:

      (a) May be retained in a local file or a local system for the automatic retrieval of fingerprints if they are retained under special security measures that limit inspection of the fingerprints to law enforcement officers who are conducting criminal investigations.


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officers who are conducting criminal investigations. If the child from whom the fingerprints are taken subsequently is not adjudicated delinquent, the parent or guardian of the child or, when the child becomes at least 18 years of age, the child may petition the juvenile court for the removal of the fingerprints from any local file or local system.

      (b) Must be submitted to the Central Repository if the child is adjudicated delinquent for an unlawful act that would be a felony or a sexual offense if committed by an adult, and may be submitted to the Central Repository for any other act. Any such fingerprints submitted to the Central Repository must be submitted with a description of the child and the unlawful act, if any, that the child committed. The Central Repository shall retain the fingerprints and information of the child under special security measures that limit inspection of the fingerprints and the information to:

             (1) Law enforcement officers who are conducting criminal investigations; and

             (2) Officers and employees of the Central Repository who are assisting law enforcement officers with criminal investigations or who are conducting research or performing a statistical analysis.

      (c) Must not be submitted to the Federal Bureau of Investigation unless the child is adjudicated delinquent for an unlawful act that would have been a felony or a sexual offense if committed by an adult.

      4.  A child who is in custody must be photographed for the purpose of identification. Except as otherwise provided in this subsection, the photographs of the child must be kept in the file pertaining to the child under special security measures which provide that the photographs may be inspected only to conduct criminal investigations and photographic lineups. If the juvenile court subsequently determines that the child is not delinquent, the juvenile court shall order the photographs to be destroyed.

      5.  Any person who willfully violates any provision of this section is guilty of a misdemeanor.

      6.  As used in this section, “sexual offense” means:

      (a) Sexual assault pursuant to NRS 200.366;

      (b) Statutory sexual seduction pursuant to NRS 200.368;

      (c) Battery with intent to commit sexual assault pursuant to NRS 200.400;

      (d) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;

      (e) Incest pursuant to NRS 201.180;

      (f) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;

      (g) Open or gross lewdness pursuant to NRS 201.210;

      (h) Indecent or obscene exposure pursuant to NRS 201.220;

      (i) Lewdness with a child pursuant to NRS 201.230;

      (j) Sexual penetration of a dead human body pursuant to NRS 201.450;

      (k) Annoyance or molestation of a minor pursuant to NRS 207.260;

      (l) An attempt to commit an offense listed in paragraphs (a) to (k), inclusive; or

      (m) An offense that is determined to be sexually motivated pursuant to NRS 175.547.


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      Sec. 215.  1.  A news medium may not publish, broadcast or air the name or race of any child connected with any proceeding conducted pursuant to the provisions of this title without a written order of the juvenile court unless:

      (a) The proceeding has been opened to the public pursuant to section 118 of this act; or

      (b) The release of the information is authorized pursuant to subsection 2.

      2.  An officer or employee of the juvenile court may release to a news medium the name of a child and the nature of the charges against the child, and any news medium may publish, broadcast or air such information if:

      (a) The child has been adjudicated delinquent on at least one prior occasion for an unlawful act which would have been a felony if committed by an adult and which resulted in death or serious bodily injury, and the child is charged with committing another unlawful act which would have been a felony if committed by an adult; or

      (b) The child has been adjudicated delinquent on at least two prior occasions for unlawful acts which would have been felonies if committed by an adult, and the child is charged with committing another unlawful act which would have been a felony if committed by an adult.

      Sec. 216.  1.  The juvenile court shall make and keep records of all cases brought before the juvenile court.

      2.  Except as otherwise provided in this section, records of any case brought before the juvenile court may be opened to inspection only by court order to persons who have a legitimate interest in the records.

      3.  The following records and information may be opened to inspection without a court order:

      (a) Records of traffic violations which are being forwarded to the Department of Motor Vehicles;

      (b) Records which have not been sealed and which are required by the Division of Parole and Probation for preparation of presentence investigations and reports pursuant to NRS 176.135 or general investigations and reports pursuant to NRS 176.151;

      (c) Records which have not been sealed and which are to be used, pursuant to chapter 179D of NRS, by:

             (1) The Central Repository;

             (2) The Division of Parole and Probation; or

             (3) A person who is conducting an assessment of the risk of recidivism of an adult or juvenile sex offender;

      (d) Information maintained in the standardized system established pursuant to section 226 of this act; and

      (e) Information that must be collected by the Division of Child and Family Services pursuant to section 228 of this act.

      4.  The clerk of the court shall prepare and cause to be printed forms for social and legal records and other papers as may be required.

      Sec. 217.  1.  If a child has committed an act which subjects the child to the jurisdiction of the juvenile court and which may form the basis of a civil action, a person who, in good faith, intends to bring or has brought the civil action or any other person who is a party to the civil action may petition the juvenile court for release of the child’s name.


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      2.  If the person who petitions the juvenile court makes a satisfactory showing that the person intends, in good faith, to use the child’s name in the civil action, the juvenile court shall order the release of the child’s name and authorize its use in the civil action.

      Sec. 218.  1.  As used in sections 218 to 225, inclusive, of this act, unless the context otherwise requires, “records” means any records relating to a child who is within the purview of this title and who:

      (a) Is taken into custody by a peace officer or a probation officer or is otherwise taken before a probation officer; or

      (b) Appears before the juvenile court or any other court pursuant to the provisions of this title.

      2.  The term includes records of arrest.

      Sec. 219.  The provisions of sections 218 to 225, inclusive, of this act do not apply to:

      1.  Information maintained in the standardized system established pursuant to section 226 of this act;

      2.  Information that must be collected by the Division of Child and Family Services pursuant to section 228 of this act;

      3.  Records that are subject to the provisions of section 192 of this act; or

      4.  Records relating to a traffic offense that would have been a misdemeanor if committed by an adult.

      Sec. 220.  Any decree or order entered concerning a child within the purview of this title must contain, for the benefit of the child, an explanation of the contents of sections 218 to 225, inclusive, of this act and, if applicable, section 192 of this act.

      Sec. 221.  1.  If a child is less than 21 years of age, the child or a probation officer on behalf of the child may petition the juvenile court for an order sealing all records relating to the child. The petition may be filed not earlier than 3 years after the child:

      (a) Was last adjudicated in need of supervision or adjudicated delinquent; or

      (b) Was last referred to the juvenile court,

whichever is later.

      2.  If a petition is filed pursuant to this section, the juvenile court shall notify the district attorney and, if a probation officer is not the petitioner, the chief probation officer.

      3.  The district attorney and the chief probation officer, or any of their deputies, or any other person who has evidence that is relevant to consideration of the petition may testify at the hearing on the petition.

      4.  After the hearing on the petition, the juvenile court shall enter an order sealing all records relating to the child if the juvenile court finds that:

      (a) During the applicable 3‑year period, the child has not been convicted of a felony or of any misdemeanor involving moral turpitude; and

      (b) The child has been rehabilitated to the satisfaction of the juvenile court.

      Sec. 222.  Except as otherwise provided in section 223 of this act, when a child reaches 21 years of age, all records relating to the child must be sealed automatically.


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      Sec. 223.  1.  If a child is adjudicated delinquent for an unlawful act listed in subsection 6 and the records relating to that unlawful act have not been sealed by the juvenile court pursuant to section 221 of this act before the child reaches 21 years of age, those records must not be sealed before the child reaches 30 years of age.

      2.  After the child reaches 30 years of age, the child may petition the juvenile court for an order sealing those records.

      3.  If a petition is filed pursuant to this section, the juvenile court shall notify the district attorney and the chief probation officer.

      4.  The district attorney and the chief probation officer, or any of their deputies, or any other person who has evidence that is relevant to consideration of the petition may testify at the hearing on the petition.

      5.  After the hearing on the petition, the juvenile court may enter an order sealing the records relating to the child if the juvenile court finds that, during the period since the child reached 21 years of age, the child has not been convicted of any offense, except for minor moving or standing traffic offenses.

      6.  The provisions of this section apply to any of the following unlawful acts:

      (a) An unlawful act which, if committed by an adult, would have constituted:

             (1) Sexual assault pursuant to NRS 200.366;

             (2) Battery with intent to commit sexual assault pursuant to NRS 200.400; or

             (3) Lewdness with a child pursuant to NRS 201.230.

      (b) An unlawful act which would have been a felony if committed by an adult and which involved the use or threatened use of force or violence.

      Sec. 224.  1.  If the juvenile court enters an order sealing the records relating to a child or the records are sealed automatically, all records relating to the child must be sealed that are in the custody of:

      (a) The juvenile court or any other court;

      (b) A probation officer, probation department or law enforcement agency; or

      (c) Any other public officer or agency.

      2.  If the juvenile court enters an order sealing the records relating to a child, the juvenile court shall send a copy of the order to each public officer or agency named in the order. Not later than 5 days after receipt of the order, each public officer or agency shall:

      (a) Seal the records in the custody of the public officer or agency, as directed by the order;

      (b) Advise the juvenile court of compliance with the order; and

      (c) Seal the copy of the order received by the public officer or agency.

      Sec. 225.  1.  Except as otherwise provided in this section, if the records of a person are sealed:

      (a) All proceedings recounted in the records are deemed never to have occurred; and

      (b) The person may reply accordingly to any inquiry concerning the proceedings and the acts which brought about the proceedings.

      2.  The juvenile court may order the inspection of records that are sealed if:


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      (a) The person who is the subject of the records petitions the juvenile court to permit the inspection of the records by the persons named in the petition;

      (b) An agency charged with the medical or psychiatric care of the person who is the subject of the records petitions the juvenile court to permit the inspection of the records by the agency; or

      (c) A district attorney or an attorney representing a defendant in a criminal action petitions the juvenile court to permit the inspection of the records to obtain information relating to the persons who were involved in the acts detailed in the records.

      3.  Upon its own order, any court of this state may inspect records that are sealed if the records relate to a person who is less than 21 years of age and who is to be sentenced by the court in a criminal proceeding.

      Sec. 226.  1.  The Division of Child and Family Services shall:

      (a) Establish a standardized system for the reporting, collection, analysis, maintenance and retrieval of information concerning juvenile justice in this state.

      (b) Be responsible for the retrieval and analysis of the categories of information contained in the standardized system and the development of any reports from that information.

      (c) Adopt such regulations as are necessary to carry out the provisions of this section, including requirements for the transmittal of information to the standardized system from the juvenile courts, local juvenile probation departments and the staff of the youth correctional services, as directed by the Department of Human Resources.

      2.  Each juvenile court and local juvenile probation department and the staff of the youth correctional services, as directed by the Department of Human Resources, shall comply with the regulations adopted pursuant to this section.

      Sec. 227.  1.  Except as otherwise provided in subsection 3, the standardized system established pursuant to section 226 of this act must collect, categorize and maintain the following information from the juvenile courts, local juvenile probation departments and the staff of the youth correctional services, as directed by the Department of Human Resources, regarding each child referred to the system of juvenile justice in this state:

      (a) A unique number assigned to the child for identification;

      (b) Basic demographic information regarding the child, including, but not limited to:

            (1) The age, sex and race or other ethnic background of the child;

             (2) The composition of the household in which the child resides; and

             (3) The economic background of the child;

      (c) The charges for which the child is referred;

      (d) The dates of any detention of the child;

      (e) The nature of the disposition of each referral of the child;

      (f) The dates any petitions are filed regarding the child, and the charges set forth in those petitions; and

      (g) The disposition of any petitions filed regarding the child, including any applicable findings.

      2.  In addition to the information required pursuant to subsection 1 and except as otherwise provided in subsection 3, the Department of Human Resources shall require the staff of the youth correctional services to collect and transmit the following information to the standardized system regarding each child committed to or otherwise placed in the custody of the Division of Child and Family Services:


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Human Resources shall require the staff of the youth correctional services to collect and transmit the following information to the standardized system regarding each child committed to or otherwise placed in the custody of the Division of Child and Family Services:

      (a) A record of each placement of the child, including, but not limited to, the period of each placement and the services provided to the child during each placement;

      (b) The dates of each release of the child, including any release of the child on parole;

      (c) If the child is released on parole, the period of each release and the services provided to the child during each release; and

      (d) The nature of or reason for each discharge of the child from the custody of the Division of Child and Family Services.

      3.  The information maintained in the standardized system must not include the name or address of any person.

      Sec. 228.  1.  For each child adjudicated delinquent for an unlawful act that would have been a sexual offense if committed by an adult, the Division of Child and Family Services shall collect from the juvenile courts, local juvenile probation departments and the staff of the youth correctional services, as directed by the Department of Human Resources:

      (a) The information listed in section 227 of this act;

      (b) The name of the child; and

      (c) All information concerning programs of treatment in which the child participated that:

             (1) Were directly related to the delinquent act committed by the child; or

             (2) Were designed or utilized to prevent the commission of another such act by the child in the future.

      2.  The Division of Child and Family Services shall provide the information collected pursuant to subsection 1 to the Central Repository for use in the program established pursuant to NRS 179A.270, 179A.280 and 179A.290.

      3.  All information containing the name of the child and all information relating to programs of treatment in which the child participated is confidential and must not be used for a purpose other than that provided for in this section and NRS 179A.290.

      4.  As used in this section, “sexual offense” means:

      (a) Sexual assault pursuant to NRS 200.366;

      (b) Statutory sexual seduction pursuant to NRS 200.368;

      (c) Battery with intent to commit sexual assault pursuant to NRS 200.400;

      (d) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;

      (e) Incest pursuant to NRS 201.180;

      (f) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;

      (g) Open or gross lewdness pursuant to NRS 201.210;

      (h) Indecent or obscene exposure pursuant to NRS 201.220;

      (i) Lewdness with a child pursuant to NRS 201.230;

      (j) Sexual penetration of a dead human body pursuant to NRS 201.450;


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      (k) Luring a child using a computer, system or network pursuant to NRS 201.560, if punished as a felony;

      (l) Annoyance or molestation of a minor pursuant to NRS 207.260;

      (m) An attempt to commit an offense listed in paragraphs (a) to (l), inclusive;

      (n) An offense that is determined to be sexually motivated pursuant to NRS 175.547; or

      (o) An offense committed in another jurisdiction that, if committed in this state, would have been an offense listed in this subsection.

      Sec. 229.  1.  On or before January 31 of each year, each local juvenile probation department shall:

      (a) Analyze the information it submitted to the standardized system during the previous year pursuant to section 227 of this act to determine whether children of racial or ethnic minorities and children from economically disadvantaged homes are receiving disparate treatment in the system of juvenile justice in comparison to the general population;

      (b) As necessary, develop appropriate recommendations to address any disparate treatment; and

      (c) Prepare and submit to the Division of Child and Family Services a report which includes:

             (1) The results of the analysis it conducted pursuant to paragraph (a); and

             (2) Any recommendations it developed pursuant to paragraph (b).

      2.  The Division of Child and Family Services shall annually:

      (a) Compile the reports it receives pursuant to subsection 1; and

      (b) Publish a document which includes a compilation of the reports.

      Sec. 230.  Title 5 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 231 to 282, inclusive, of this act.

      Sec. 231.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 232 to 235, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 232.  1.  “Commissary fund” means a commissary fund created pursuant to section 256 of this act.

      2.  The term includes a commissary fund established for the Nevada Youth Training Center and for the Caliente Youth Center.

      Sec. 233.  1.  “Facility” means a state facility for the detention or commitment of children which is administered by the State of Nevada.

      2.  The term includes, but is not limited to, the Nevada Youth Training Center and the Caliente Youth Center.

      Sec. 234.  1.  “Gift account” means a gift account established for a facility in the gift fund of the Department of Human Resources.

      2.  The term includes the gift accounts established for the Nevada Youth Training Center and for the Caliente Youth Center.

      Sec. 235.  “Qualified financial institution” means a bank, credit union or savings and loan association that is federally insured or insured by a private insurer approved pursuant to NRS 678.755 or is otherwise qualified to receive deposits of public money.

      Sec. 236.  1.  For each facility, the position of superintendent of the facility is hereby created.

      2.  The superintendent of a facility shall administer the provisions of sections 231 to 275, inclusive, of this act subject to administrative supervision by the Administrator of the Division of Child and Family Services.


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supervision by the Administrator of the Division of Child and Family Services.

      Sec. 237.  1.  If a residence is available on the grounds of or near a facility, the superintendent of the facility shall reside at the residence, as provided for in this section.

      2.  In addition to his salary, the superintendent of a facility is entitled to:

      (a) The use of a residence on the grounds of or near the facility, if such a residence is available, which must be maintained by the State of Nevada.

      (b) Heat, electricity and water for the residence.

      (c) The use of any appliances and furnishings for the residence which are reasonably necessary, as determined by the Administrator of the Division of Child and Family Services.

      (d) Meals at the facility without charge when supervising personnel or children.

      3.  The superintendent of a facility shall not receive any perquisites except those provided for in this section.

      Sec. 238.  1.  To be appointed as the superintendent of a facility, a person must have:

      (a) Administrative experience in correctional programs for children that embody rehabilitative or delinquency prevention concepts;

      (b) At least 2 years of administrative experience in an institution dealing primarily with children on a 24‑hour basis; and

      (c) Graduated from an accredited 4‑year college or university or have an equivalent combination of experience and training, substituting 2 years of experience for 1 year of training.

      2.  The Administrator of the Division of Child and Family Services shall request that the Department of Personnel use extensive recruitment and merit selection techniques and procedures to provide a list of persons who are qualified for appointment as the superintendent of a facility.

      Sec. 239.  1.  Except as otherwise provided in NRS 284.143, the superintendent of a facility shall devote his entire time to the duties of his position and follow no other gainful employment or occupation.

      2.  The superintendent of a facility is the executive and administrative head of the facility, subject to administrative supervision by the Administrator of the Division of Child and Family Services.

      Sec. 240.  The superintendent of a facility shall:

      1.  Exercise general supervision of the facility.

      2.  Make and revise rules and regulations for the government of the facility, for the preservation of order and for the enforcement of discipline.

      3.  Invoke any legal, equitable or special procedures for the enforcement of the orders of the superintendent or the provisions of this chapter.

      4.  Assume responsibility for and supervise the fiscal affairs of the facility.

      5.  Record and file all bonds and contracts.

      6.  Purchase supplies and equipment for the facility as the superintendent deems necessary.

      7.  Keep a complete and accurate record of all proceedings.

      8.  Assume responsibility for the custody and preservation of all papers and documents pertaining to the office of the superintendent.


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      9.  Submit certain reports and information to the Administrator of the Division of Child and Family Services, including, but not limited to:

      (a) Quarterly reports;

      (b) Biennial reports before September 1 of each even-numbered year covering the biennium ending June 30 of that year, regarding the condition, operation, functioning and anticipated needs of the facility; and

      (c) Material on which to base proposed legislation.

      10.  Keep the public informed by disseminating information regarding the activities and operation of the facility and correctional problems involving children.

      Sec. 241.  1.  The superintendent of a facility shall designate one or more members of the staff of the facility to classify and assign each child in the facility to a program of education, employment, training, treatment, care and custody.

      2.  As soon as practicable after a child enters the facility and not later than 30 days after the date on which the child enters the facility, the designated staff members shall:

      (a) Study the file of the child;

      (b) Interview the child;

      (c) Determine which program of education, employment, training, treatment, care and custody is appropriate for the child;

      (d) Place in the file of the child a written record of the program assignment of the child; and

      (e) Assign to each child a counselor from among the members of the staff.

      3.  The designated staff members shall review the program assignment of each child:

      (a) At least once every 3 months.

      (b) If the child requests a review.

      (c) If a review is deemed necessary or desirable.

      4.  After reviewing the program assignment of the child, the designated staff members:

      (a) May change the program assignment as is deemed necessary or desirable; and

      (b) Shall place in the file of the child a written record of any changes made in the program assignment.

      5.  If the child requests a change in his program assignment and the request is denied, the designated staff members shall:

      (a) Provide the child with the reasons for the denial; and

      (b) Place in the file of the child a written statement concerning the denial.

      6.  The objective of the program assignment is to change the behavior, attitude and thinking of the child so that the child can once again function freely in his normal environment.

      Sec. 242.  The superintendent of a facility may enter into contracts with colleges, universities and other organizations for the purposes of:

      1.  Conducting research in the field of delinquency and crime prevention.

      2.  Training special workers, including teachers, probation and parole officers, social workers and others who:

      (a) Work part-time or full-time;

      (b) Work as volunteers or for compensation; and


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      (c) Are engaged in the fields of education, recreation, mental hygiene and the treatment and prevention of delinquency.

      Sec. 243.  1.  The superintendent of a facility shall appoint such teaching, technical, clerical and operational staff as may be required for:

      (a) The execution of the duties of the superintendent;

      (b) The care of the children; and

      (c) The maintenance and operation of the facility.

      2.  The superintendent of a facility may enter into contracts with qualified employees for their services as athletic coaches in addition to their regular duties and responsibilities.

      3.  The superintendent of a facility may designate one or more employees of the facility to act as deputies. If the superintendent is absent or unable for any reason to discharge the powers and duties of the office, the deputies shall discharge those powers and duties.

      Sec. 244.  1.  If the superintendent of a facility determines that it is necessary or desirable that any employee reside at the facility, the Administrator of the Division of Child and Family Services may grant perquisites to the employee or pay for services rendered to the employee.

      2.  The Administrator of the Division of Child and Family Services shall submit to the Director of the Department of Human Resources, for transmission to each regular session of the Legislature, a report of any perquisites granted to an employee and any payments made for services rendered to an employee.

      Sec. 245.  1.  The superintendent of a facility shall establish a department of instruction for the children of the facility, with programs of study corresponding so far as practicable with programs of study given in the elementary and high schools of this state.

      2.  The superintendent of a facility may:

      (a) Arrange for industrial training and the teaching of various trades; and

      (b) Purchase the supplies and equipment necessary for the teaching of such programs of study.

      3.  If deemed practicable and with the concurrence of the board of trustees of the county school district, the superintendent of a facility may allow children in the facility to be enrolled for instruction in the public schools within the county school district. If any children are so enrolled, the superintendent of the facility or the county school district shall provide transportation for the children to the public schools.

      Sec. 246.  1.  Except as otherwise provided in this section, the superintendent of a facility may arrange for the employment of children on ranches, farms and in other private occupations during the summer vacation months and for other periods which the superintendent deems proper for the full utilization of the children’s time and productive capacities.

      2.  A child may not be compelled to accept private employment against his desires.

      3.  For the purposes of this section, the superintendent of a facility and the employer must determine the amount of compensation the child must be paid and the working conditions of the child.

      4.  The superintendent of a facility may determine whether the compensation paid to the child may be paid in whole or in part to the child or to the superintendent for safekeeping as provided for in section 254 of this act.


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or to the superintendent for safekeeping as provided for in section 254 of this act.

      Sec. 247.  The ultimate purpose of the instruction, training, employment and industries provided to a child in a facility is to qualify the child for profitable and honorable employment and to enable the child to lead a useful life after his release from the facility.

      Sec. 248.  The superintendent of a facility shall make arrangements for carrying out the provisions of title 34 of NRS in regard to the facility.

      Sec. 249.  The Director of the Department of Human Resources or the Director’s designee shall administer a program designed to educate the children of a facility in the problems caused by the abuse of alcohol and other drugs.

      Sec. 250.  1.  Each claim paid from any fund in the State Treasury that is available to a facility must be:

      (a) Approved by the superintendent of the facility before it is paid; and

      (b) Paid as other claims against this state are paid.

      2.  All money on deposit in a financial institution which is available to a facility must be paid out by checks signed by the superintendent of the facility or by a person designated for that purpose.

      Sec. 251.  The superintendent of a facility may apply for and receive money from the Federal Government to treat and train children in the facility.

      Sec. 252.  The superintendent of a facility shall:

      1.  Deposit in the State Treasury for credit to the gift account of the facility any gifts of money which the facility is authorized to accept; and

      2.  Expend money from the gift account only for facility purposes and, to the extent permitted by law, in accordance with the terms of the gift.

      Sec. 253.  1.  The superintendent of a facility:

      (a) May buy and sell hay, grain, produce, livestock, and other farm supplies and equipment; and

      (b) Shall deposit all money obtained from the sale of such items in the State Treasury for credit to the farm account of the facility.

      2.  The farm account is a continuing account without reversion to the State General Fund.

      3.  The superintendent of a facility shall expend the money in the farm account for supplies and equipment needed by the facility in accordance with the provisions of the State Budget Act.

      4.  The superintendent of a facility shall keep a record of all transactions pertaining to the farm account.

      Sec. 254.  1.  The superintendent of a facility may accept money and other valuables of a child in the facility for safekeeping pending the discharge of the child.

      2.  To carry out the purposes of this section, the superintendent of a facility shall establish a trust fund in a qualified financial institution.

      3.  If the superintendent of a facility accepts money or other valuables of a child for safekeeping, the superintendent shall:

      (a) Deposit the money in the trust fund established pursuant to this section;

      (b) Keep a full account of any money and valuables; and

      (c) Submit reports to the Administrator of the Division of Child and Family Services regarding the money and valuables as the Administrator may require.


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      4.  When a child is discharged from the facility, the superintendent of the facility shall:

      (a) Issue to the child a check in the amount of the balance held in the trust fund for the child; and

      (b) Return to the child any valuables held for safekeeping.

      5.  If a check that is issued to a child pursuant to this section has not been cashed within 6 months from the date on which the check was issued, the superintendent of the facility may transfer the amount of the uncashed check to the gift account. Each check issued to a child must be stamped “void after 6 months from date of issue.”

      Sec. 255.  1.  The superintendent of a facility may establish a commissary or store in the facility for the benefit and use of the children in the facility.

      2.  So far as practicable, sales of supplies and materials to the children in the commissary or store must be at cost.

      3.  The superintendent of a facility shall keep a record of all transactions of the commissary or store.

      Sec. 256.  1.  The commissary fund is hereby created, and must be used:

      (a) To purchase supplies and materials for resale to the children of a facility;

      (b) To provide money for needy children of a facility; and

      (c) For other incidentals as may be deemed necessary by the superintendent of the facility.

      2.  The superintendent of a facility shall deposit any money received for the commissary fund in a qualified financial institution.

      3.  The superintendent of a facility may maintain a small sum of money which is received for the commissary fund as petty cash at the commissary or store.

      4.  All money drawn from the commissary fund must be repaid if possible.

      Sec. 257.  1.  If the juvenile court or the Division of Child and Family Services commits or places a child in a facility, the superintendent of the facility shall accept the child unless, before the child is conveyed to the facility, the superintendent determines that:

      (a) There is not adequate room or resources in the facility to provide the necessary care of the child;

      (b) There is not adequate money available for the support of the facility; or

      (c) In the opinion of the superintendent, the child is not suitable for admission to the facility.

      2.  The superintendent of the facility shall fix the time at which the child must be delivered to the facility.

      3.  The juvenile court shall send to the superintendent of the facility a summary of all the facts in the possession of the juvenile court concerning the history of the child committed to the facility.

      Sec. 258.  Upon the written request of the superintendent of a facility, at any time either before or after commitment of a female child to the facility, the juvenile court may order the child committed to:

      1.  A facility outside the State of Nevada; or

      2.  A private institution within the State of Nevada.


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      Sec. 259.  1.  Before a child is committed to a facility, the juvenile court shall order that a physician conduct a physical examination of the child, which includes a blood test, test for tuberculosis, urinalysis and an examination for venereal disease.

      2.  Not later than 5 days after the date on which the physical examination is conducted, the physician shall make a written report of the results of the physical examination to the clerk of the court.

      3.  Upon receipt of the written report:

      (a) The clerk of the court shall immediately forward a copy of the written report to the superintendent of the facility; and

      (b) The county auditor shall allow a claim for payment to the physician for the physical examination.

      Sec. 260.  1.  If the juvenile court commits a child to a facility, the juvenile court may order the parent or guardian of the child to pay, in whole or in part, for the support of the child in the facility.

      2.  If the juvenile court orders the parent or guardian of the child to pay for the support of the child:

      (a) The payments must be paid to the Administrator of the Division of Child and Family Services; and

      (b) The Administrator shall deposit the payments with the State Treasurer for credit to a separate account in the State General Fund. The Administrator may expend the money in the separate account to carry out the powers and duties of the Administrator and the Division of Child and Family Services.

      Sec. 261.  1.  Except as otherwise provided in sections 134 to 177, inclusive, of this act, if the juvenile court commits a delinquent child to the custody of the Division of Child and Family Services, the Division may, within the limits of legislative appropriation:

      (a) If the child is at least 8 years of age but less than 12 years of age, place the child in any public or private institution or agency which is located within or outside this state and which is authorized to care for children. The child must not be placed in a facility.

      (b) If the child is at least 12 years of age but less than 18 years of age, place the child in a facility or in any public or private institution or agency which is located within or outside this state and which is authorized to care for children.

      2.  The Division of Child and Family Services may change the placement of the child from any public or private institution or agency that is authorized to care for the child pursuant to this section to another public or private institution or agency that is authorized to care for the child pursuant to this section.

      3.  Before the Division of Child and Family Services may change any placement authorized by this section, the Division shall:

      (a) Notify the parent or guardian of the child; and

      (b) Obtain the approval of the juvenile court.

      Sec. 262.  The Administrator of the Division of Child and Family Services shall recommend to the juvenile court a suitable alternative to the commitment or placement of a child in a facility if:

      1.  The superintendent of the facility reports that such a commitment or placement is unsuitable; and

      2.  At the time of commitment or placement or after entering the facility, the child appears to be:


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      (a) An improper child to be retained in the facility; or

      (b) So incorrigible or so incapable of reformation under the discipline of the facility as to render his detention detrimental to the interests of the facility.

      Sec. 263.  1.  The juvenile court may change, modify or set aside an order committing a child to a facility after conducting a hearing to consider the effect that changing, modifying or setting aside the order will have upon the child and the operation of the facility.

      2.  Not later than 10 days before conducting the hearing pursuant to this section, the juvenile court shall serve written notice of the hearing upon the superintendent of the facility. Such notice must be served by registered mail, postage prepaid.

      Sec. 264.  1.  The superintendent of a facility may transfer a child from one facility to another facility if:

      (a) The Administrator of the Division of Child and Family Services consents to the transfer; and

      (b) The transfer is in the best interests of the child.

      2.  If a transfer is made, the general provisions regarding placements in a facility apply.

      Sec. 265.  All children committed to a facility must be dealt with, so far as practicable, by or in the presence of an attendant who is of the same gender as the child.

      Sec. 266.  An employee or officer of a facility must not be nominated or appointed as guardian of a person or the estate of a person who is or ever has been committed to a facility, unless the employee or officer is related by blood to the person who is or has been committed to the facility.

      Sec. 267.  Upon the recommendation of a physician who attends a child in a facility, the superintendent of the facility may authorize the performance of any necessary medical, surgical or dental service.

      Sec. 268.  1.  A facility may establish forestry camps for the purposes of:

      (a) Securing a satisfactory classification and segregation of children according to their capacities, interests and responsiveness to control and responsibility;

      (b) Reducing the necessity of extending existing grounds and housing facilities; and

      (c) Providing adequate opportunity for reform and encouragement of self-discipline.

      2.  Children committed to forestry camps may be required:

      (a) To labor on the buildings and grounds of the forestry camp.

      (b) To perform fire prevention work, including, but not limited to:

             (1) Building firebreaks and fire trails;

             (2) Fire suppression;

             (3) Making forest roads for fire prevention or fire fighting; and

             (4) Forestation and reforestation of public lands.

      (c) To perform other projects prescribed by the superintendent of the facility.

      3.  For the purposes of carrying out the provisions of this section, the superintendent of a facility may enter into contracts with the Federal Government, state officials and various state agencies and departments.

      Sec. 269.  1.  After consultation with the Chief of the Youth Parole Bureau, the superintendent of a facility may grant parole to a child if:


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ê2003 Statutes of Nevada, Page 1103 (Chapter 206, SB 197)ê

 

      (a) The child is eligible for parole according to regulations established for that purpose; and

      (b) Parole will be in the best interests of the child.

      2.  The superintendent of the facility and the Chief of the Youth Parole Bureau shall set the date of the child’s release on parole not later than 30 days after the superintendent has given the Chief a notice of intent to parole the child.

      3.  Upon being released on parole, the child is under the supervision of the Chief of the Youth Parole Bureau.

      Sec. 270.  1.  The superintendent of a facility may grant to a child a furlough from the facility to participate in a program or treatment if, after consultation with the Chief of the Youth Parole Bureau, the superintendent determines that the furlough is in the best interests of the child.

      2.  The superintendent of a facility may grant a furlough for a period of not more than 90 days.

      3.  While a child is temporarily released from a facility on a furlough, the child is under the supervision of the Chief of the Youth Parole Bureau.

      Sec. 271.  1.  A petition may be filed with the juvenile court to request that the parole of a child be suspended, modified or revoked.

      2.  Pending a hearing, the juvenile court may order:

      (a) The return of the child to the facility; or

      (b) If approved by a local or regional facility for the detention of children, that the child be held in the local or regional facility.

      3.  If the child is held in a local or regional facility for the detention of children pending a hearing, the Youth Parole Bureau must pay all actual and reasonably necessary costs for the confinement of the child in the local or regional facility.

      4.  If requested, the juvenile court shall allow the child reasonable time to prepare for the hearing.

      5.  The juvenile court shall render a decision within 10 days after the conclusion of the hearing.

      Sec. 272.  1.  The written order of the superintendent of a facility is a sufficient arrest warrant for any peace officer to return a child who has escaped from the facility.

      2.  Each peace officer shall execute such an order in the same manner as is provided for the execution of criminal process.

      Sec. 273.  A person who knowingly permits or aids a child to escape from a facility, or who conceals a child with the intent or purpose of enabling him to elude pursuit, shall be punished:

      1.  Where a dangerous weapon is used by the person to facilitate the escape or attempted escape, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      2.  Where no dangerous weapon is used, for a gross misdemeanor.

      Sec. 274.  1.  Upon the escape of a child from a facility, the superintendent of the facility shall notify:

      (a) The appropriate law enforcement agency of the escape; and

      (b) Immediately thereafter, the public. The notice to the public must include a description of the child.


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ê2003 Statutes of Nevada, Page 1104 (Chapter 206, SB 197)ê

 

      2.  The superintendent of the facility shall immediately notify the public upon the apprehension of the child.

      Sec. 275.  1.  A child may be discharged from a facility upon reaching 18 years of age.

      2.  A child must be discharged from a facility upon reaching 20 years of age.

      Sec. 276.  1.  The Chief of the Youth Parole Bureau may appoint such employees as are necessary to carry out the functions of the Youth Parole Bureau.

      2.  The Chief of the Youth Parole Bureau may enter into contracts with colleges, universities and other organizations for the purposes of:

      (a) Conducting research in the field of delinquency and crime prevention.

      (b) Training special workers, including social workers and parole officers who:

             (1) Work part-time or full-time;

             (2) Work as volunteers or for compensation; and

             (3) Are engaged in the fields of education, recreation, mental hygiene and the treatment and prevention of delinquency.

      Sec. 277.  The Chief of the Youth Parole Bureau shall:

      1.  Supervise all children released on parole from a facility.

      2.  Supervise all children released by other states for juvenile parole in the State of Nevada pursuant to interstate compact.

      3.  Furnish to each child paroled:

      (a) A written statement of the conditions of the parole; and

      (b) Instructions regarding those conditions.

      4.  Keep himself informed concerning the conduct and condition of all children and employees under his supervision.

      5.  Coordinate his functions with those of the superintendents of each facility.

      Sec. 278.  1.  Each child who is paroled from a facility must be placed in:

      (a) A reputable home; and

      (b) An educational program or a work program, or both.

      2.  The Chief of the Youth Parole Bureau may pay the expenses incurred in providing alternative placements for residential programs and for structured nonresidential programs from money appropriated to the Youth Parole Bureau for that purpose.

      Sec. 279.  1.  The Chief of the Youth Parole Bureau may accept from a child who is paroled money and other valuables for safekeeping pending the discharge of the child from parole.

      2.  If the Chief of the Youth Parole Bureau accepts from a child who is paroled money or other valuables for safekeeping, the Chief shall:

      (a) Deposit the money in an account in a qualified financial institution.

      (b) Keep a full account of any money and valuables; and

      (c) Submit reports to the Administrator of the Division of Child and Family Services regarding the money and valuables as the Administrator may require.

      3.  When a child is discharged from parole, the Chief of the Youth Parole Bureau shall:


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ê2003 Statutes of Nevada, Page 1105 (Chapter 206, SB 197)ê

 

      (a) Issue to the child a check in the amount of the balance held in the account for the child; and

      (b) Return to the child any valuables held for safekeeping.

      Sec. 280.  If a child has been paroled, the Chief of the Youth Parole Bureau shall apply to the juvenile court for a dismissal of all proceedings and accusations pending against the child if:

      1.  The child has proven his ability to make an acceptable adjustment outside the facility; or

      2.  In the opinion of the Chief, the child is no longer amenable to treatment as a juvenile.

      Sec. 281.  The Chief of the Youth Parole Bureau may recommend to the juvenile court that a child’s parole be revoked and that the child be committed to a facility unless the superintendent of the facility determines that:

      1.  There is not adequate room or resources in the facility to provide the necessary care;

      2.  There is not adequate money available for the support of the facility; or

      3.  The child is not suitable for admission to the facility.

      Sec. 282.  1.  If there is probable cause to believe that a child has violated his parole, the written order of the Chief of the Youth Parole Bureau is a sufficient arrest warrant for any peace officer to take the child into custody, pending return of the child to the juvenile court.

      2.  Each peace officer or parole officer shall execute such an order in the same manner as is provided for the execution of criminal process.

      Sec. 283.  Title 5 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 284 to 290, inclusive, of this act.

      Sec. 284.  The Governor is hereby authorized and directed to execute a compact on behalf of this state with any other state or states legally joining therein in the form substantially as follows:

 

Interstate Compact on Juveniles

 

      The contracting states solemnly agree:

 

ARTICLE I—Findings and Purposes

 

      That juveniles who are not under proper supervision and control, or who have absconded, escaped or run away, are likely to endanger their own health, morals and welfare, and the health, morals and welfare of others. The cooperation of the states party to this compact is therefore necessary to provide for the welfare and protection of juveniles and of the public with respect to (1) cooperative supervision of delinquent juveniles on probation or parole; (2) the return, from one state to another, of delinquent juveniles who have escaped or absconded; (3) the return, from one state to another, of nondelinquent juveniles who have run away from home; and (4) additional measures for the protection of juveniles and of the public, which any two or more of the party states may find desirable to undertake cooperatively. In carrying out the provisions of this compact the party states shall be guided by the noncriminal, reformative and protective policies which guide their laws concerning delinquent, neglected or dependent juveniles generally.


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ê2003 Statutes of Nevada, Page 1106 (Chapter 206, SB 197)ê

 

dependent juveniles generally. It shall be the policy of the states party to this compact to cooperate and observe their respective responsibilities for the prompt return and acceptance of juveniles and delinquent juveniles who become subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the foregoing purposes.

 

ARTICLE II—Existing Rights and Remedies

 

      That all remedies and procedures provided by this compact shall be in addition to and not in substitution for other rights, remedies and procedures, and shall not be in derogation of parental rights and responsibilities.

 

ARTICLE III—Definitions

 

      That, for the purposes of this compact, “delinquent juvenile” means any juvenile who has been adjudged delinquent and who, at the time the provisions of this compact are invoked, is still subject to the jurisdiction of the court that has made such adjudication or to the jurisdiction or supervision of an agency or institution pursuant to an order of such court; “probation or parole” means any kind of conditional release of juveniles authorized under the laws of the states party hereto; “court” means any court having jurisdiction over delinquent, neglected or dependent children; “state” means any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico; and “residence” or any variant thereof means a place at which a home or regular place of abode is maintained.

 

ARTICLE IV—Return of Runaways

 

      (a) That the parent, guardian, person or agency entitled to legal custody of a juvenile who has not been adjudged delinquent but who has run away without the consent of such parent, guardian, person or agency may petition the appropriate court in the demanding state for the issuance of a requisition for his return. The petition shall state the name and age of the juvenile, the name of the petitioner and the basis of entitlement to the juvenile’s custody, the circumstances of his running away, his location if known at the time application is made, and such other facts as may tend to show that the juvenile who has run away is endangering his own welfare or the welfare of others and is not an emancipated minor. The petition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the document or documents on which the petitioner’s entitlement to the juvenile’s custody is based, such as birth certificates, letters of guardianship, or custody decrees. Such further affidavits and other documents as may be deemed proper may be submitted with such petition. The judge of the court to which this application is made may hold a hearing thereon to determine whether for the purposes of this compact the petitioner is entitled to the legal custody of the juvenile, whether or not it appears that the juvenile has in fact run away without consent, whether or not he is an emancipated minor, and whether or not it is in the best interest of the juvenile to compel his return to the state.


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ê2003 Statutes of Nevada, Page 1107 (Chapter 206, SB 197)ê

 

to the state. If the judge determines, either with or without a hearing, that the juvenile should be returned, he shall present to the appropriate court or to the executive authority of the state where the juvenile is alleged to be located a written requisition for the return of such juvenile. Such requisition shall set forth the name and age of the juvenile, the determination of the court that the juvenile has run away without the consent of a parent, guardian, person or agency entitled to his legal custody, and that it is in the best interest and for the protection of such juvenile that he be returned. In the event that a proceeding for the adjudication of the juvenile as a delinquent, neglected or dependent juvenile is pending in the court at the time when such juvenile runs away, the court may issue a requisition for the return of such juvenile upon its own motion, regardless of the consent of the parent, guardian, person or agency entitled to legal custody, reciting therein the nature and circumstances of the pending proceeding. The requisition shall in every case be executed in duplicate and shall be signed by the judge. One copy of the requisition shall be filed with the compact administrator of the demanding state, there to remain on file subject to the provisions of law governing records of such court. Upon the receipt of a requisition demanding the return of a juvenile who has run away, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing him to take into custody and detain such juvenile. Such detention order must substantially recite the facts necessary to the validity of its issuance hereunder. No juvenile detained upon such order shall be delivered over to the officer whom the court demanding him shall have appointed to receive him, unless he shall first be taken forthwith before a judge of a court in the state, who shall inform him of the demand made for his return, and who may appoint counsel or guardian ad litem for him. If the judge of such court shall find that the requisition is in order, he shall deliver such juvenile over to the officer whom the court demanding him shall have appointed to receive him. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.

      Upon reasonable information that a person is a juvenile who has run away from another state party to this compact without the consent of a parent, guardian, person or agency entitled to his legal custody, such juvenile may be taken into custody without a requisition and brought forthwith before a judge of the appropriate court who may appoint counsel or guardian ad litem for such juvenile and who shall determine after a hearing whether sufficient cause exists to hold the person, subject to the order of the court, for his own protection and welfare, for such a time not exceeding 90 days as will enable his return to another state party to this compact pursuant to a requisition for his return from a court of that state. If, at the time when a state seeks the return of a juvenile who has run away, there is pending in the state wherein he is found any criminal charge, or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the juvenile being returned, shall be permitted to transport such juvenile through any and all states party to this compact, without interference.


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ê2003 Statutes of Nevada, Page 1108 (Chapter 206, SB 197)ê

 

upon the establishment of their authority and the identity of the juvenile being returned, shall be permitted to transport such juvenile through any and all states party to this compact, without interference. Upon his return to the state from which he ran away, the juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state.

      (b) That the state to which a juvenile is returned under this Article shall be responsible for payment of the transportation costs of such return.

      (c) That “juvenile” as used in this Article means any person who is a minor under the law of the state of residence of the parent, guardian, person or agency entitled to the legal custody of such minor.

 

ARTICLE V—Return of Escapees and Absconders

 

      (a) That the appropriate person or authority from whose probation or parole supervision a delinquent juvenile has absconded or from whose institutional custody he has escaped shall present to the appropriate court or to the executive authority of the state where the delinquent juvenile is alleged to be located a written requisition for the return of such delinquent juvenile. Such requisitions shall state the name and age of the delinquent juvenile, the particulars of his adjudication as a delinquent juvenile, the circumstances of the breach of the terms of his probation or parole or of his escape from an institution or agency vested with his legal custody or supervision, and the location of such delinquent juvenile, if known, at the time the requisition is made. The requisition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the judgment, formal adjudication, or order of commitment which subjects such delinquent juvenile to probation or parole or to the legal custody of the institution or agency concerned. Such further affidavits and other documents as may be deemed proper may be submitted with such requisition. One copy of the requisition shall be filed with the compact administrator of the demanding state, there to remain on file subject to the provisions of law governing records of the appropriate court. Upon the receipt of a requisition demanding the return of a delinquent juvenile who has absconded or escaped, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing him to take into custody and detain such delinquent juvenile. Such detention order must substantially recite the fact necessary to the validity of its issuance hereunder. No delinquent juvenile detained upon such order shall be delivered over to the officer whom the appropriate person or authority demanding him shall have appointed to receive him, unless he shall first be taken forthwith before a judge of an appropriate court in the state, who shall inform him of the demand made for his return and who may appoint counsel or guardian ad litem for him. If the judge of such court shall find that the requisition is in order, he shall deliver such delinquent juvenile over to the officer whom the appropriate person or authority demanding him shall have appointed to receive him. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.

      Upon reasonable information that a person is a delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested with his legal custody or supervision in any state party to this compact, such person may be taken into custody in any other state party to this compact without a requisition.


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ê2003 Statutes of Nevada, Page 1109 (Chapter 206, SB 197)ê

 

state party to this compact, such person may be taken into custody in any other state party to this compact without a requisition. But in such event, he must be taken forthwith before a judge of the appropriate court, who may appoint counsel or guardian ad litem for such person and who shall determine, after a hearing, whether sufficient cause exists to hold the person subject to the order of the court for such a time, not exceeding 90 days, as will enable his detention under a detention order issued on a requisition pursuant to this Article. If, at the time when a state seeks the return of a delinquent juvenile who has either absconded while on probation or parole or escaped from an institution or agency vested with his legal custody or supervision, there is pending in the state wherein he is detained any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the delinquent juvenile being returned, shall be permitted to transport such delinquent juvenile through any and all states party to this compact, without interference. Upon his return to the state from which he escaped or absconded, the delinquent juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state.

      (b) That the state to which a delinquent juvenile is returned under this Article shall be responsible for payment of the transportation costs of such return.

 

ARTICLE VI—Voluntary Return Procedure

 

      That any delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested with his legal custody or supervision in any state party to this compact, and any juvenile who has run away from any state party to this compact, who is taken into custody without a requisition in another state party to this compact under the provisions of Article IV (a) or of Article V (a), may consent to his immediate return to the state from which he absconded, escaped or ran away. Such consent shall be given by the juvenile or delinquent juvenile and his counsel or guardian ad litem, if any, by executing or subscribing a writing, in the presence of a judge of the appropriate court, which states that the juvenile or delinquent juvenile and his counsel or guardian ad litem, if any, consent to his return to the demanding state. Before such consent shall be executed or subscribed, however, the judge, in the presence of counsel or guardian ad litem, if any, shall inform the juvenile or delinquent juvenile of his rights under this compact. When the consent has been duly executed, it shall be forwarded to and filed with the compact administrator of the state in which the court is located and the judge shall direct the officer having the juvenile or delinquent juvenile in custody to deliver him to the duly accredited officer or officers of the state demanding his return, and shall cause to be delivered to such officer or officers a copy of the consent. The court may, however, upon the request of the state to which the juvenile or delinquent juvenile is being returned, order him to return unaccompanied to such state and shall provide him with a copy of such court order; in such event a copy of the consent shall be forwarded to the compact administrator of the state to which said juvenile or delinquent juvenile is ordered to return.

 


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ê2003 Statutes of Nevada, Page 1110 (Chapter 206, SB 197)ê

 

return unaccompanied to such state and shall provide him with a copy of such court order; in such event a copy of the consent shall be forwarded to the compact administrator of the state to which said juvenile or delinquent juvenile is ordered to return.

 

ARTICLE VII—Cooperative Supervision of Probationers and Parolees

 

      (a) That the duly constituted judicial and administrative authorities of a state party to this compact (herein called “sending state”) may permit any delinquent juvenile within such state, placed on probation or parole, to reside in any other state party to this compact (herein called “receiving state”) while on probation or parole, and the receiving state shall accept such delinquent juvenile, if the parent, guardian or person entitled to the legal custody of such delinquent juvenile is residing or undertakes to reside within the receiving state. Before granting such permission, opportunity shall be given to the receiving state to make such investigations as it deems necessary. The authorities of the sending state shall send to the authorities of the receiving state copies of pertinent court orders, social case studies and all other available information which may be of value to and assist the receiving state in supervising a probationer or parolee under this compact. A receiving state, in its discretion, may agree to accept supervision of a probationer or a parolee in cases where the parent, guardian or person entitled to the legal custody of the delinquent juvenile is not a resident of the receiving state, and if so accepted the sending state may transfer supervision accordingly.

      (b) That each receiving state will assume the duties of visitation and of supervision over any such delinquent juvenile and in the exercise of those duties will be governed by the same standards of visitation and supervision that prevail for its own delinquent juveniles released on probation or parole.

      (c) That, after consultation between the appropriate authorities of the sending state and of the receiving state as to the desirability and necessity of returning such a delinquent juvenile, the duly accredited officers of a sending state may enter a receiving state and there apprehend and retake any such delinquent juvenile on probation or parole. For that purpose, no formalities will be required, other than establishing the authority of the officer and the identity of the delinquent juvenile to be retaken and returned. The decision of the sending state to retake a delinquent juvenile on probation or parole shall be conclusive upon and not reviewable within the receiving state, but if, at the time the sending state seeks to retake a delinquent juvenile on probation or parole, there is pending against him within the receiving state any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for any act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of the sending state shall be permitted to transport delinquent juveniles being so returned through any and all states party to this compact, without interference.


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ê2003 Statutes of Nevada, Page 1111 (Chapter 206, SB 197)ê

 

      (d) That the sending state shall be responsible under this Article for paying the costs of transporting any delinquent juvenile to the receiving state or of returning any delinquent juvenile to the sending state.

 

ARTICLE VIII—Responsibility for Costs

 

      (a) That the provisions of Articles IV (b), V (b) and VII (d) of this compact shall not be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.

      (b) That nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to Articles IV (b), V (b) or VII (d) of this compact.

 

ARTICLE IX—Detention Practices

 

      That, to every extent possible, it shall be the policy of states party to this compact that no juvenile or delinquent juvenile shall be placed or detained in any prison, jail or lockup nor be detained or transported in association with criminal, vicious or dissolute persons.

 

ARTICLE X—Supplementary Agreements

 

      That the duly constituted administrative authorities of a state party to this compact may enter into supplementary agreements with any other state or states party hereto for the cooperative care, treatment and rehabilitation of delinquent juveniles whenever they shall find that such agreements will improve the facilities or programs available for such care, treatment and rehabilitation. Such care, treatment and rehabilitation may be provided in an institution located within any state entering into such supplementary agreement. Such supplementary agreements shall (1) provide the rates to be paid for the care, treatment and custody of such delinquent juveniles, taking into consideration the character of facilities, services and subsistence furnished; (2) provide that the delinquent juvenile shall be given a court hearing prior to his being sent to another state for care, treatment and custody; (3) provide that the state receiving such a delinquent juvenile in one of its institutions shall act solely as agent for the state sending such delinquent juvenile; (4) provide that the sending state shall at all times retain jurisdiction over delinquent juveniles sent to an institution in another state; (5) provide for reasonable inspection of such institutions by the sending state; (6) provide that the consent of the parent, guardian, person or agency entitled to the legal custody of said delinquent juvenile shall be secured prior to his being sent to another state; and (7) make provision for such other matters and details as shall be necessary to protect the rights and equities of such delinquent juveniles and of the cooperating states.

 


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ê2003 Statutes of Nevada, Page 1112 (Chapter 206, SB 197)ê

 

ARTICLE XI—Acceptance of Federal and Other Aid

 

      That any state party to this compact may accept any and all donations, gifts and grants of money, equipment and services from the federal or any local government, or any agency thereof and from any person, firm or corporation, for any of the purposes and functions of this compact, and may receive and utilize the same subject to the terms, conditions and regulations governing such donations, gifts and grants.

 

ARTICLE XII—Compact Administrators

 

      That the governor of each state party to this compact shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.

 

ARTICLE XIII—Execution of Compact

 

      That this compact shall become operative immediately upon its execution by any state as between it and any other state or states so executing. When executed it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state.

 

ARTICLE XIV—Renunciation

 

      That this compact shall continue in force and remain binding upon each executing state until renounced by it. Renunciation of this compact shall be by the same authority which executed it, by sending 6 months’ notice in writing of its intention to withdraw from the compact to the other states party hereto. The duties and obligations of a renouncing state under Article VII hereof shall continue as to parolees and probationers residing therein at the time of withdrawal until retaken or finally discharged. Supplementary agreements entered into under Article X hereof shall be subject to renunciation as provided by such supplementary agreements, and shall not be subject to the 6 months’ renunciation notice of the present Article.

 

ARTICLE XV—Severability

 

      That the provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.


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ê2003 Statutes of Nevada, Page 1113 (Chapter 206, SB 197)ê

 

      Sec. 285.  The Governor is hereby directed to execute an amendment to the Interstate Compact on Juveniles on behalf of this state in the form substantially as follows:

 

AMENDMENT I—Rendition

 

      This amendment provides additional remedies and is binding only on states which specifically execute a similar provision:

      All provisions and procedures of Articles V and VI of the Interstate Compact on Juveniles apply to any juvenile charged with being a delinquent by reason of his alleged violation of any criminal law. Any such juvenile must be returned to the requesting state upon a requisition issued to the state where the juvenile may be found. A petition alleging the juvenile’s delinquency must be filed in a court of competent jurisdiction in the requesting state where the violation of criminal law is alleged to have been committed. The requisition may be issued regardless of whether the juvenile left the state before or after the filing of the petition. The requisition, as described in Article V of the Compact, must be forwarded by the judge of the court in which the petition is filed.

      Sec. 286.  Pursuant to such Compact, the Governor is hereby authorized and empowered to designate an officer who shall be the Compact Administrator and who, acting jointly with similar officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms of the Compact. Such Compact Administrator shall serve subject to the pleasure of the Governor. The Compact Administrator is hereby authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the Compact or of any supplementary agreement or agreements entered into by this state under such Compact.

      Sec. 287.  The Compact Administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to the Compact. In the event that such supplementary agreement shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, such supplementary agreement shall have no force or effect until approved by the head of the department or agency under whose jurisdiction such institution or facility is operated or whose department or agency will be charged with the rendering of such service.

      Sec. 288.  All claims which arise pursuant to the provisions of this chapter must be paid from the Reserve for Statutory Contingency Account upon approval by the Compact Administrator.

      Sec. 289.  1.  Any judge of this state who appoints counsel or a guardian ad litem pursuant to the provisions of this Compact may, in his discretion, fix a fee not exceeding $500.

      2.  Such fees shall be paid out on claims as other claims against the State are paid upon approval of the Compact Administrator and presentation of the certificate of the judge that such person has performed the services required of him.

      Sec. 290.  The courts, departments, agencies and officers of this state and its subdivisions shall enforce and effectuate the purposes and intent of the Compact.


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ê2003 Statutes of Nevada, Page 1114 (Chapter 206, SB 197)ê

 

      Sec. 291.  NRS 3.025 is hereby amended to read as follows:

      3.025  1.  In each judicial district that includes a county whose population is 100,000 or more, the district judges of that judicial district shall choose from among those district judges a chief judge who is to be the presiding judge of the judicial district.

      2.  The chief judge shall:

      (a) Assign cases to each judge in the judicial district;

      (b) Prescribe the hours of court;

      (c) Adopt such other rules or regulations as are necessary for the orderly conduct of court business; and

      (d) Perform all other duties of the chief judge or of a presiding judge that are set forth in this chapter and any other provision of NRS.

      3.  If a case involves a matter within the jurisdiction of the family court and:

      (a) The parties to the case are also the parties in any other pending case or were the parties in any other previously decided case assigned to a department of the family court in the judicial district; or

      (b) A child involved in the case is also involved in any other pending case or was involved in any other previously decided case assigned to a department of the family court in the judicial district, other than a case within the jurisdiction of the juvenile court pursuant to [chapter 62] title 5 of NRS,

the chief judge shall assign the case to the department of the family court to which the other case is presently assigned or, if the other case has been decided, to the department of the family court that decided the other case, unless a different assignment is required by another provision of NRS, a court rule or the Nevada Code of Judicial Conduct or the chief judge determines that a different assignment is necessary because of considerations related to the management of the caseload of the district judges within the judicial district. If a case described in this subsection is heard initially by a master, the recommendation, report or order of the master must be submitted to the district judge of the department of the family court to which the case has been assigned pursuant to this subsection for consideration and decision by that district judge.

      Sec. 292.  NRS 3.223 is hereby amended to read as follows:

      3.223  1.  Except if the child involved is subject to the jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act of 1978 , [(] 25 U.S.C. §§ 1901 et seq. , [),] in each judicial district in which it is established, the family court has original, exclusive jurisdiction in any proceeding:

      (a) Brought pursuant to chapter 31A [, 62,] of NRS, title 5 of NRS, chapter 123, 125, 125A, 125B, 125C, 126, 127, 128, 129, 130, 159, 425 or 432B of NRS, except to the extent that a specific statute authorizes the use of any other judicial or administrative procedure to facilitate the collection of an obligation for support.

      (b) Brought pursuant to NRS 442.255 and 442.2555 to request the court to issue an order authorizing an abortion.

      (c) For judicial approval of the marriage of a minor.

      (d) Otherwise within the jurisdiction of the juvenile court.

      (e) To establish the date of birth, place of birth or parentage of a minor.

      (f) To change the name of a minor.

      (g) For a judicial declaration of the sanity of a minor.


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      (h) To approve the withholding or withdrawal of life-sustaining procedures from a person as authorized by law.

      (i) Brought pursuant to NRS 433A.200 to 433A.330, inclusive, for an involuntary court-ordered admission to a mental health facility.

      2.  The family court, where established, and the justices’ court have concurrent jurisdiction over actions for the issuance of a temporary or extended order for protection against domestic violence.

      3.  The family court, where established, and the district court, have concurrent jurisdiction over any action for damages brought pursuant to NRS 41.134 by a person who suffered injury as the proximate result of an act that constitutes domestic violence.

      Sec. 293.  NRS 3.227 is hereby amended to read as follows:

      3.227  In each judicial district that includes a county whose population is 100,000 or more:

      1.  The clerk of the district court shall develop an information form for family court. The information form for family court must be:

      (a) Approved by the chief judge; and

      (b) Used to obtain the information described in subsection 2 from a party who files the initial pleading in a case that involves a matter within the jurisdiction of the family court.

      2.  A party may not file in the district court the initial pleading in a case that involves a matter within the jurisdiction of the family court unless, at the same time that the party files the initial pleading, the party files an information form for family court which is signed by the party, his attorney or other legal representative and which specifies:

      (a) Whether the party is also a party in any other pending case or was a party in any other previously decided case assigned to a department of the family court in the judicial district;

      (b) Whether any other party in the initial pleading is also a party in any other pending case or was a party in any other previously decided case assigned to a department of the family court in the judicial district;

      (c) Whether a child involved in the case is also involved in any other pending case or was involved in any other previously decided case assigned to a department of the family court in the judicial district, other than a case within the jurisdiction of the juvenile court pursuant to [chapter 62] title 5 of NRS; and

      (d) Any other information that the chief judge determines must be provided on the information form for family court, including, without limitation, any other information concerning a case described in paragraph (a), (b) or (c).

      3.  The chief judge and the clerk of the district court shall use the information provided on the information form for family court to assign cases to a department of the family court in accordance with subsection 3 of NRS 3.025.

      Sec. 294.  NRS 49.295 is hereby amended to read as follows:

      49.295  1.  Except as otherwise provided in subsections 2 and 3 and NRS 49.305:

      (a) A husband cannot be examined as a witness for or against his wife without his consent, nor a wife for or against her husband without her consent.


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      (b) Neither a husband nor a wife can be examined, during the marriage or afterwards, without the consent of the other, as to any communication made by one to the other during marriage.

      2.  The provisions of subsection 1 do not apply to a:

      (a) Civil proceeding brought by or on behalf of one spouse against the other spouse;

      (b) Proceeding to commit or otherwise place a spouse, the property of the spouse or both the spouse and the property of the spouse under the control of another because of the alleged mental or physical condition of the spouse;

      (c) Proceeding brought by or on behalf of a spouse to establish his competence;

      (d) Proceeding in the juvenile court or family court pursuant to [chapter 62] title 5 of NRS [and] or NRS 432B.410 to 432B.590, inclusive; or

      (e) Criminal proceeding in which one spouse is charged with:

             (1) A crime against the person or the property of the other spouse or of a child of either, or of a child in the custody or control of either, whether the crime was committed before or during marriage.

             (2) Bigamy or incest.

             (3) A crime related to abandonment of a child or nonsupport of a wife or child.

      3.  The provisions of subsection 1 do not apply in any criminal proceeding to events which took place before the husband and wife were married.

      Sec. 295.  NRS 128.0155 is hereby amended to read as follows:

      128.0155  “Plan” means:

      1.  A written agreement between the parents of a child who is [a ward] subject to the jurisdiction of the juvenile court or family court pursuant to [chapter 62] title 5 of NRS or chapter 432B of NRS and the agency having custody of the child; or

      2.  Written conditions and obligations imposed upon the parents directly by the juvenile or family court,

which have a primary objective of reuniting the family or, if the parents neglect or refuse to comply with the terms and conditions of the case plan, freeing the child for adoption.

      Sec. 296.  NRS 128.023 is hereby amended to read as follows:

      128.023  1.  If proceedings pursuant to this chapter involve the termination of parental rights of the parent of an Indian child, the court shall:

      (a) Cause the Indian child’s tribe to be notified in writing in the manner provided in the Indian Child Welfare Act. If the Indian child is eligible for membership in more than one tribe, each tribe must be notified.

      (b) Transfer the proceedings to the Indian child’s tribe in accordance with the Indian Child Welfare Act.

      (c) If a tribe declines or is unable to exercise jurisdiction, exercise its jurisdiction as provided in the Indian Child Welfare Act.

      2.  If the court determines that the parent of an Indian child for whom termination of parental rights is sought is indigent, the court:

      (a) Shall appoint an attorney to represent the parent;

      (b) May appoint an attorney to represent the Indian child; and

      (c) May apply to the Secretary of the Interior for the payment of the fees and expenses of such an attorney,

as provided in the Indian Child Welfare Act.


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      Sec. 297.  NRS 129.080 is hereby amended to read as follows:

      129.080  Any minor who is at least 16 years of age, who is married or living apart from his parents or legal guardian, and who is a resident of the county, may petition the juvenile [division or family division of the district] court of that county for a decree of emancipation. The district court may refer the petition to a master appointed pursuant to [chapter 62] title 5 of NRS or chapter 432B of NRS.

      Sec. 298.  NRS 129.110 is hereby amended to read as follows:

      129.110  1.  A copy of the notice issued pursuant to NRS 129.100, together with a copy of the petition, must be served upon:

      (a) The parents or legal guardian of the minor or , if the parents or legal guardian cannot be found, the nearest known relative of the minor residing within this state, if any;

      (b) The legal custodian of the minor, if any;

      (c) The appropriate probation officer or parole officer for his review and recommendation, if the minor is [a ward of the court;] subject to the jurisdiction of the court pursuant to title 5 of NRS; and

      (d) The district attorney of the county in which the matter is to be heard.

      2.  Service of the notice and petition may be made in any manner permitted by N.R.C.P. 4. Return of service must be made as provided by that rule. Evidence must be presented to the court if addresses of those required to be served are unknown or for any other reason notice cannot be given.

      3.  The court shall hold a hearing on all petitions filed pursuant to NRS 129.080 to 129.140, inclusive.

      Sec. 299.  NRS 129.130 is hereby amended to read as follows:

      129.130  1.  If the court determines that the petition should be granted, it shall enter a decree of emancipation.

      2.  A decree so entered is conclusive and binding.

      3.  Such a decree emancipates the minor for all purposes and removes the disability of minority of the minor insofar as that disability may affect:

      (a) The incurring of indebtedness or contractual obligations of any kind;

      (b) The litigation and settlement of controversies;

      (c) The acquiring, encumbering and conveying of property or any interest therein;

      (d) The consenting to medical, dental or psychiatric care without parental consent, knowledge or liability;

      (e) The enrolling in any school or college; and

      (f) The establishment of his own residence.

For these purposes, the minor shall be considered in law as an adult, and any obligation he incurs is enforceable by and against him without regard to his minority.

      4.  Unless otherwise provided by the decree, the obligation of support otherwise owed a minor by his parent or guardian is terminated by the entry of the decree.

      5.  Except as otherwise provided in this section, a decree of emancipation does not affect the status of the minor for any purpose, including the applicability of any provision of law which:

      (a) Prohibits the sale, purchase or consumption of intoxicating liquor to or by a person under the age of 21 years;

      (b) Prohibits gaming or employment in gaming by or of a person under the age of 21 years;

      (c) Restricts the ability to marry of a person under the age of 18 years;


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      (d) Governs matters relating to referrals for delinquent acts or violations of NRS 392.040 to 392.125, inclusive, unless the minor has been certified for trial as an adult pursuant to [chapter 62] title 5 of NRS; or

      (e) Imposes penalties or regulates conduct according to the age of any person.

      6.  A petition may be filed by any person or by any public agency to void a decree of emancipation on the following grounds:

      (a) The minor has become indigent and has insufficient means of support; or

      (b) The decree of emancipation was obtained by fraud, misrepresentation or the withholding of material information.

      7.  The voiding of any decree of emancipation must not alter any contractual obligations or rights or any property rights or interests which arose during the period that the decree was in effect.

      Sec. 300.  NRS 169.025 is hereby amended to read as follows:

      169.025  1.  This title governs the procedure in the courts of the State of Nevada and before magistrates in all criminal proceedings . [, but, except]

      2.  Except as otherwise provided in [NRS 62.165,] section 110 of this act, this title does not apply to proceedings against children [under chapter 62] conducted pursuant to title 5 of NRS.

      Sec. 301.  NRS 176.059 is hereby amended to read as follows:

      176.059  1.  Except as otherwise provided in subsection 2, when a defendant pleads guilty or guilty but mentally ill or is found guilty of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum prescribed by the following schedule as an administrative assessment and render a judgment against the defendant for the assessment:

 

                  Fine                                                                                            Assessment

$5 to $49........................................................................................................... $15

50 to 59............................................................................................................... 30

60 to 69............................................................................................................... 35

70 to 79............................................................................................................... 40

80 to 89............................................................................................................... 45

90 to 99............................................................................................................... 50

100 to 199........................................................................................................... 60

200 to 299........................................................................................................... 70

300 to 399........................................................................................................... 80

400 to 499........................................................................................................... 90

500 to 1,000..................................................................................................... 105

 

      2.  The provisions of subsection 1 do not apply to:

      (a) An ordinance regulating metered parking; or

      (b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

      3.  The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it.


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because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.

      4.  If the justice or judge permits the fine and administrative assessment to be paid in installments, the payments must be first applied to the unpaid balance of the administrative assessment. The city treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 5. The county treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 6.

      5.  The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

      (a) Two dollars to the county treasurer for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

      (b) Seven dollars for credit to a special revenue fund for the use of the municipal courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the municipal general fund if it has not been committed for expenditure. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

      (c) The remainder of each assessment to the State Controller for credit to a special account in the State General Fund.

      6.  The money collected for administrative assessments in justices’ courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

      (a) Two dollars for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

      (b) Seven dollars for credit to a special revenue fund for the use of the justices’ courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a justice’s court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.


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      (c) The remainder of each assessment to the State Controller for credit to a special account in the State General Fund.

      7.  The money apportioned to a juvenile court, a justice’s court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operations of the court, or to acquire appropriate advanced technology or the use of such technology, or both. Money used to improve the operations of the court may include expenditures for:

      (a) Training and education of personnel;

      (b) Acquisition of capital goods;

      (c) Management and operational studies; or

      (d) Audits.

      8.  Of the total amount deposited in the State General Fund pursuant to subsections 5 and 6, the State Controller shall distribute the money received to the following public agencies in the following manner:

      (a) Not less than 51 percent to the Office of the Court Administrator for allocation as follows:

             (1) Eighteen and one‑half percent of the amount distributed to the Office of the Court Administrator for the administration of the courts.

             (2) Nine percent of the amount distributed to the Office of the Court Administrator for the development of a uniform system for judicial records.

             (3) Nine percent of the amount distributed to the Office of the Court Administrator for continuing judicial education.

             (4) Sixty percent of the amount distributed to the Office of the Court Administrator for the Supreme Court.

             (5) Three and one-half percent of the amount distributed to the Office of the Court Administrator for the payment for the services of retired justices and retired district judges.

      (b) Not more than 49 percent must be used to the extent of legislative authorization for the support of:

             (1) The Central Repository for Nevada Records of Criminal History;

             (2) The Peace Officers’ Standards and Training Commission;

             (3) The operation by the Nevada Highway Patrol of a computerized switching system for information related to law enforcement;

             (4) The Fund for the Compensation of Victims of Crime; and

             (5) The Advisory Council for Prosecuting Attorneys.

      9.  As used in this section, “juvenile court” [means:

      (a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

      (b) In any other judicial district, the juvenile division of the district court.] has the meaning ascribed to it in section 19 of this act.

      Sec. 302.  NRS 179.118 is hereby amended to read as follows:

      179.118  1.  The proceeds from any sale or retention of property declared to be forfeited and any interest accrued pursuant to subsection 2 of NRS 179.1175 must be applied, first, to the satisfaction of any protected interest established by a claimant in the proceeding, then to the proper expenses of the proceeding for forfeiture and resulting sale, including the expense of effecting the seizure, the expense of maintaining custody, the expense of advertising and the costs of the suit.

      2.  Any balance remaining after the distribution required by subsection 1 must be deposited as follows:


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      (a) Except as otherwise provided in this subsection, if the plaintiff seized the property, in the special account established pursuant to NRS 179.1187 by the governing body that controls the plaintiff.

      (b) Except as otherwise provided in this subsection, if the plaintiff is a metropolitan police department, in the special account established by the metropolitan police committee on fiscal affairs pursuant to NRS 179.1187.

      (c) Except as otherwise provided in this subsection, if more than one agency was substantially involved in the seizure, in an equitable manner to be directed by the court hearing the proceeding for forfeiture.

      (d) If the property was seized pursuant to NRS 200.760, in the State Treasury for credit to the Fund for the Compensation of Victims of Crime to be used for the counseling and the medical treatment of victims of crimes committed in violation of NRS 200.366, 200.710 to 200.730, inclusive, or 201.230.

      (e) If the property was seized as the result of a violation of NRS 202.300, in the general fund of the county in which the complaint for forfeiture was filed, to be used to support programs of counseling of persons ordered by the court to attend counseling pursuant to [paragraph (e) of subsection 1 of NRS 62.211.] section 144 of this act.

      Sec. 303.  NRS 179.225 is hereby amended to read as follows:

      179.225  1.  If the punishment of the crime is the confinement of the criminal in prison, the expenses must be paid from money appropriated to the Office of the Attorney General for that purpose, upon approval by the State Board of Examiners. After the appropriation is exhausted, the expenses must be paid from the Reserve for Statutory Contingency Account upon approval by the State Board of Examiners. In all other cases, they must be paid out of the county treasury in the county wherein the crime is alleged to have been committed. The expenses are:

      (a) If the prisoner is returned to this state from another state, the fees paid to the officers of the state on whose Governor the requisition is made;

      (b) If the prisoner is returned to this state from a foreign country or jurisdiction, the fees paid to the officers and agents of this state or the United States; or

      (c) If the prisoner is temporarily returned for prosecution to this state from another state pursuant to this chapter or chapter 178 of NRS and is then returned to the sending state upon completion of the prosecution, the fees paid to the officers and agents of this state,

and the necessary traveling expenses and subsistence allowances in the amounts authorized by NRS 281.160 incurred in returning the prisoner.

      2.  If a person is returned to this state pursuant to this chapter or chapter 178 of NRS and is convicted of, or pleads guilty, guilty but mentally ill or nolo contendere to the criminal charge for which he was returned or a lesser criminal charge, the court shall conduct an investigation of the financial status of the person to determine his ability to make restitution. In conducting the investigation, the court shall determine if the person is able to pay any existing obligations for:

      (a) Child support;

      (b) Restitution to victims of crimes; and

      (c) Any administrative assessment required to be paid pursuant to NRS [62.2175,] 176.059 and 176.062 [.] and section 150 of this act.

      3.  If the court determines that the person is financially able to pay the obligations described in subsection 2, it shall, in addition to any other sentence it may impose, order the person to make restitution for the expenses incurred by the attorney general or other governmental entity in returning him to this state.


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sentence it may impose, order the person to make restitution for the expenses incurred by the attorney general or other governmental entity in returning him to this state. The court shall not order the person to make restitution if payment of restitution will prevent him from paying any existing obligations described in subsection 2. Any amount of restitution remaining unpaid constitutes a civil liability arising upon the date of the completion of his sentence.

      4.  The Attorney General may adopt regulations to carry out the provisions of this section.

      Sec. 304.  NRS 179A.290 is hereby amended to read as follows:

      179A.290  1.  The Director of the Department shall establish within the Central Repository a program to compile and analyze data concerning offenders who commit sexual offenses. The program must be designed to:

      (a) Provide statistical data relating to the recidivism of offenders who commit sexual offenses; and

      (b) Use the data provided by the Division of Child and Family Services of the Department of Human Resources pursuant to [NRS 62.920] section 228 of this act to:

             (1) Provide statistical data relating to the recidivism of juvenile sex offenders after they become adults; and

             (2) Assess the effectiveness of programs for the treatment of juvenile sex offenders.

      2.  The Division of Parole and Probation and the Department of Corrections shall assist the Director of the Department in obtaining data and in carrying out the program.

      3.  The Director of the Department shall report the statistical data and findings from the program to:

      (a) The Legislature at the beginning of each regular session.

      (b) The Advisory Commission on Sentencing on or before January 31 of each even-numbered year.

      4.  The data acquired pursuant to this section is confidential and must be used only for the purpose of research. The data and findings generated pursuant to this section must not contain information that may reveal the identity of a juvenile sex offender or the identity of an individual victim of a crime.

      Sec. 305.  NRS 179D.035 is hereby amended to read as follows:

      179D.035  “Convicted” includes, but is not limited to, an adjudication of delinquency or a finding of guilt by a court having jurisdiction over juveniles if the adjudication of delinquency or the finding of guilt is for the commission of any of the following offenses:

      1.  A crime against a child that is listed in subsection 6 of NRS 179D.210.

      2.  A sexual offense that is listed in subsection 20 of NRS 179D.410.

      3.  A sexual offense that is listed in paragraph (b) of subsection 2 of [NRS 62.600.] section 192 of this act.

      Sec. 306.  NRS 179D.450 is hereby amended to read as follows:

      179D.450  1.  If the Central Repository receives notice from a court pursuant to NRS 176.0927 that a sex offender has been convicted of a sexual offense or pursuant to [NRS 62.590] section 191 of this act that a juvenile sex offender has been deemed to be an adult sex offender, the Central Repository shall:


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      (a) If a record of registration has not previously been established for the sex offender, notify the local law enforcement agency so that a record of registration may be established; or

      (b) If a record of registration has previously been established for the sex offender, update the record of registration for the sex offender and notify the appropriate local law enforcement agencies.

      2.  If the sex offender named in the notice is granted probation or otherwise will not be incarcerated or confined or if the sex offender named in the notice has been deemed to be an adult sex offender pursuant to [NRS 62.590] section 191 of this act and is not otherwise incarcerated or confined:

      (a) The Central Repository shall immediately provide notification concerning the sex offender to the appropriate local law enforcement agencies and, if the sex offender resides in a jurisdiction which is outside of this state, to the appropriate law enforcement agency in that jurisdiction; and

      (b) If the sex offender is subject to community notification, the Central Repository shall arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive.

      3.  If a sex offender is incarcerated or confined and has previously been convicted of a sexual offense as described in NRS 179D.410, before the sex offender is released:

      (a) The Department of Corrections or a local law enforcement agency in whose facility the sex offender is incarcerated or confined shall:

             (1) Inform the sex offender of the requirements for registration, including, but not limited to:

                   (I) The duty to register in this state during any period in which he is a resident of this state or a nonresident who is a student or worker within this state and the time within which he is required to register pursuant to NRS 179D.460;

                   (II) The duty to register in any other jurisdiction during any period in which he is a resident of the other jurisdiction or a nonresident who is a student or worker within the other jurisdiction;

                   (III) If he moves from this state to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction; and

                   (IV) The duty to notify the local law enforcement agency for the jurisdiction in which he now resides, in person, and the jurisdiction in which he formerly resided, in person or in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction, or changes the primary address at which he is a student or worker; and

             (2) Require the sex offender to read and sign a form confirming that the requirements for registration have been explained to him and to forward the form to the Central Repository.

      (b) The Central Repository shall:

             (1) Update the record of registration for the sex offender;

             (2) If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive; and


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             (3) Provide notification concerning the sex offender to the appropriate local law enforcement agencies and, if the sex offender will reside upon release in a jurisdiction which is outside of this state, to the appropriate law enforcement agency in that jurisdiction.

      4.  The failure to provide a sex offender with the information or confirmation form required by paragraph (a) of subsection 3 does not affect the duty of the sex offender to register and to comply with all other provisions for registration.

      5.  If the Central Repository receives notice from another jurisdiction or the Federal Bureau of Investigation that a sex offender is now residing or is a student or worker within this state, the Central Repository shall:

      (a) Immediately provide notification concerning the sex offender to the appropriate local law enforcement agencies;

      (b) Establish a record of registration for the sex offender; and

      (c) If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive.

      Sec. 307.  NRS 179D.800 is hereby amended to read as follows:

      179D.800  1.  The Attorney General shall establish guidelines and procedures for community notification concerning juvenile sex offenders who are subject to the provisions of [NRS 62.500 to 62.600, inclusive.] sections 186 to 192, inclusive, of this act. The guidelines and procedures for community notification concerning juvenile sex offenders must be, to the extent practicable, consistent with the guidelines and procedures for community notification concerning adult sex offenders established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive.

      2.  Upon receiving notification from a probation officer or parole officer, as appropriate, assigned to a juvenile sex offender pursuant to [NRS 62.500 to 62.600,] sections 186 to 192, inclusive, of this act, the local law enforcement agency receiving the notification shall disclose information regarding the juvenile sex offender to the appropriate persons pursuant to the guidelines and procedures established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive.

      3.  Each person who is conducting an assessment of the risk of recidivism of a juvenile sex offender must be given access to all records of the juvenile sex offender that are necessary to conduct the assessment, including, but not limited to, records compiled pursuant to [chapter 62] title 5 of NRS, and the juvenile sex offender shall be deemed to have waived all rights of confidentiality and all privileges relating to those records for the limited purpose of the assessment.

      Sec. 308.  NRS 180.060 is hereby amended to read as follows:

      180.060  1.  The State Public Defender may, before being designated as counsel for that person pursuant to NRS 171.188, interview an indigent person when he has been arrested and confined for a public offense or for questioning on suspicion of having committed a public offense.

      2.  The State Public Defender shall, when designated pursuant to NRS [62.085,] 171.188 or 432B.420, or section 96 of this act and within the limits of available money, represent without charge each indigent person for whom he is appointed.

      3.  When representing an indigent person, the State Public Defender shall:


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      (a) Counsel and defend him at every stage of the proceedings, including revocation of probation or parole; and

      (b) Prosecute any appeals or other remedies before or after conviction that he considers to be in the interests of justice.

      4.  In cases of post-conviction proceedings and appeals arising in counties in which the office of public defender has been created pursuant to the provisions of chapter 260 of NRS, where the matter is to be presented to the Supreme Court, the State Public Defender shall prepare and present the case and the public defender of the county shall assist and cooperate with the State Public Defender.

      5.  The State Public Defender may contract with any county in which the office of public defender has been created to provide representation for indigent persons when the court, for cause, disqualifies the county public defender or when the county public defender is otherwise unable to provide representation.

      Sec. 309.  NRS 201.090 is hereby amended to read as follows:

      201.090  As used in NRS 201.100 and 201.110, unless the context otherwise requires, a “neglected child,” “delinquent child” or “child in need of supervision” means any person less than 18 years of age:

      1.  Who is found begging, receiving or gathering alms, or who is found in any street, road or public place for the purpose of so doing, whether actually begging or doing so under the pretext of selling or offering for sale any article, or of singing or playing on any musical instrument, or of giving any public entertainment or accompanying or being used in aid of any person so doing.

      2.  Who has no parent or guardian , [; or] who has no parent or guardian willing to exercise or capable of exercising proper parental control , [;] or who has no parent or guardian actually exercising such proper parental control, and who is in need of such control.

      3.  Who is destitute, or who is not provided with the necessities of life by his parents, and who has no other means of obtaining such necessities.

      4.  Whose home is an unfit place for him, by reason of neglect, cruelty or depravity of either of his parents, or of his guardians or other person in whose custody or care he is.

      5.  Who is found living in any house of ill fame, or with any disreputable person.

      6.  Who is found wandering and either has no home, no settled place of abode, no visible means of subsistence or no proper guardianship.

      7.  Who frequents the company of criminals, vagrants or prostitutes, or persons so reputed , [;] or who is in any house of prostitution or assignation.

      8.  Who unlawfully visits a saloon where any spirituous, vinous or malt liquors are sold, bartered, exchanged or given away.

      9.  Who habitually uses intoxicating liquors or who uses opium, cocaine, morphine, or other similar drug without the direction of a competent physician.

      10.  Who persistently or habitually refuses to obey the reasonable and proper orders or directions of his parents, guardian or custodian , [;] or who is beyond the control of such person.

      11.  Who is [an] a habitual truant from school.

      12.  Who is leading, or from any cause is in danger of leading, an idle, dissolute, lewd or immoral life.


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      13.  Who writes or uses vile, obscene, profane or indecent language, or is guilty of indecent, immoral or lascivious conduct.

      14.  Who violates any law of this state or any ordinance of any town, city or county of this state defining crime.

Any child who is a runaway, unmanageable or [an] a habitual truant is a child in need of supervision as that term is used in [chapter 62] title 5 of NRS, and is not a delinquent child.

      Sec. 310.  NRS 209.301 is hereby amended to read as follows:

      209.301  1.  The Department may [, with the consent of the Superintendent of the Nevada Youth Training Center or the Superintendent of the Caliente Youth Center, transfer to the Nevada Youth Training Center or the Caliente Youth Center any minor persons who are] transfer a person who is a minor and who is confined in an institution or facility of the Department [.] to a state facility for the detention of children if the superintendent of the facility consents to the transfer.

      2.  As used in this section, “state facility for the detention of children” means the Nevada Youth Training Center, the Caliente Youth Center or any other state facility for the detention of children that is operated pursuant to title 5 of NRS.

      Sec. 311.  NRS 211.245 is hereby amended to read as follows:

      211.245  1.  If a prisoner fails to make a payment within 10 days after it is due, the district attorney for a county or the city attorney for an incorporated city may file a civil action in any court of competent jurisdiction within this state seeking recovery of:

      (a) The amount of reimbursement due;

      (b) Costs incurred in conducting an investigation of the financial status of the prisoner; and

      (c) Attorney’s fees and costs.

      2.  A civil action brought pursuant to this section must:

      (a) Be instituted in the name of the county or city in which the jail, detention facility or alternative program is located;

      (b) Indicate the date and place of sentencing, including, without limitation, the name of the court which imposed the sentence;

      (c) Include the record of judgment of conviction, if available;

      (d) Indicate the length of time served by the prisoner and, if he has been released, the date of his release; and

      (e) Indicate the amount of reimbursement that the prisoner owes to the county or city.

      3.  The county or city treasurer of the county or incorporated city in which a prisoner is or was confined shall determine the amount of reimbursement that the prisoner owes to the city or county. The county or city treasurer may render a sworn statement indicating the amount of reimbursement that the prisoner owes and submit the statement in support of a civil action brought pursuant to this section. Such a statement is prima facie evidence of the amount due.

      4.  A court in a civil action brought pursuant to this section may award a money judgment in favor of the county or city in whose name the action was brought.

      5.  If necessary to prevent the disposition of the prisoner’s property by the prisoner, or his spouse or agent, a county or city may file a motion for a temporary restraining order. The court may, without a hearing, issue ex parte orders restraining any person from transferring, encumbering, hypothecating, concealing or in any way disposing of any property of the prisoner, real or personal, whether community or separate, except for necessary living expenses.


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concealing or in any way disposing of any property of the prisoner, real or personal, whether community or separate, except for necessary living expenses.

      6.  The payment, pursuant to a judicial order, of existing obligations for:

      (a) Child support or alimony;

      (b) Restitution to victims of crimes; and

      (c) Any administrative assessment required to be paid pursuant to NRS [62.2175,] 176.059 and 176.062, and section 150 of this act,

has priority over the payment of a judgment entered pursuant to this section.

      Sec. 312.  NRS 217.220 is hereby amended to read as follows:

      217.220  1.  Except as otherwise provided in subsections 2 and 3, compensation must not be awarded if the victim:

      (a) Was injured or killed as a result of the operation of a motor vehicle, boat or airplane unless the vehicle, boat or airplane was used as a weapon in a deliberate attempt to harm the victim or unless the driver of the vehicle injured a pedestrian, violated any of the provisions of NRS 484.379 or the use of the vehicle was punishable pursuant to NRS 484.3795;

      (b) Was not a citizen of the United States or was not lawfully entitled to reside in the United States at the time the incident upon which the claim is based occurred or he is unable to provide proof that he was a citizen of the United States or was lawfully entitled to reside in the United States at that time;

      (c) Was a coconspirator, codefendant, accomplice or adult passenger of the offender whose crime caused the victim’s injuries;

      (d) Was injured or killed while serving a sentence of imprisonment in a prison or jail;

      (e) Was injured or killed while living in a facility for the commitment or detention of children who are adjudicated delinquent pursuant to [chapter 62] title 5 of NRS; or

      (f) Fails to cooperate with law enforcement agencies. Such cooperation does not require prosecution of the offender.

      2.  Paragraph (a) of subsection 1 does not apply to a minor who was physically injured or killed while being a passenger in the vehicle of an offender who violated NRS 484.379 or is punishable pursuant to NRS 484.3795.

      3.  A victim who is a relative of the offender or who, at the time of the personal injury or death of the victim, was living with the offender in a continuing relationship may be awarded compensation if the offender would not profit by the compensation of the victim.

      4.  The compensation officer may deny an award if he determines that the applicant will not suffer serious financial hardship. In determining whether an applicant will suffer serious financial hardship, the compensation officer shall not consider:

      (a) The value of the victim’s dwelling;

      (b) The value of one motor vehicle owned by the victim; or

      (c) The savings and investments of the victim up to an amount equal to the victim’s annual salary.

      Sec. 313.  NRS 232.320 is hereby amended to read as follows:

      232.320  1.  Except as otherwise provided in subsection 2, the Director:

      (a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:


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             (1) The Administrator of the Aging Services Division;

             (2) The Administrator of the Health Division;

             (3) The State Welfare Administrator;

             (4) The Administrator of the Division of Child and Family Services; and

             (5) The Administrator of the Division of Health Care Financing and Policy.

      (b) Shall administer, through the divisions of the Department, the provisions of chapters [210,] 423, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, 422.580, 432.010 to 432.139, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and sections 231 to 282, inclusive, of this act and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Health Division or the professional line activities of the other divisions.

      (c) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this state. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:

             (1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;

             (2) Set forth priorities for the provision of those services;

             (3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;

             (4) Identify the sources of funding for services provided by the Department and the allocation of that funding;

             (5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and

             (6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.

      (d) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information to him regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which he deems necessary for his performance of the duties imposed upon him pursuant to this section.

      (e) Has such other powers and duties as are provided by law.

      2.  The Governor shall appoint the Administrator of the Division of Mental Health and Developmental Services.

      Sec. 314.  NRS 232.440 is hereby amended to read as follows:

      232.440  1.  The Administrator shall appoint, with the approval of the Director, a chief of each of the bureaus in the Division. The chiefs are designated respectively as:

      (a) The Superintendent of the Nevada Youth Training Center;

      (b) The Superintendent of the Caliente Youth Center;

      (c) The Superintendent of the Northern Nevada Children’s Home;


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      (d) The Superintendent of the Southern Nevada Children’s Home;

      (e) The Chief of the Bureau of Services for Child Care; and

      (f) The Chief of the Youth Parole Bureau.

      2.  The Administrator is responsible for the administration, through the Division, of the provisions of chapters [210,] 423 and 424 of NRS, NRS 127.220 to 127.310, inclusive, 232.400 to 232.465, inclusive, 432.010 to 432.085, inclusive, and 433B.010 to 433B.350, inclusive, and sections 231 to 382, inclusive, of this act and all other provisions of law relating to the functions of the Division, but is not responsible for the professional activities of the components of the Division except as specifically provided by law.

      Sec. 315.  NRS 232.450 is hereby amended to read as follows:

      232.450  1.  The [Superintendent] superintendents of the Nevada Youth Training Center , [and the Superintendent of] the Caliente Youth Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS are in the unclassified service of the State unless federal law or regulation requires otherwise.

      2.  The Chief of the Bureau of Services for Child Care, the Superintendent of the Northern Nevada Children’s Home, the Superintendent of the Southern Nevada Children’s Home and the Chief of the Youth Parole Bureau are in the classified service of the State.

      Sec. 316.  NRS 232.464 is hereby amended to read as follows:

      232.464  1.  Except as otherwise provided in subsections 2 and 3 and by specific statute:

      (a) The Division shall:

             (1) Establish and impose a schedule of fees for services rendered through each of its programs. The highest fee established for a service must approximate the cost of providing the service.

             (2) Establish a scale proportionate to income so that families whose income is low can afford services preventive of greater expense to the family or the public afterward.

             (3) Submit the schedule to the Director for approval before enforcement.

      (b) The fees collected pursuant to the schedule must be deposited in the State Treasury to the credit of the State General Fund.

      (c) The Administrator may waive any fee established pursuant to the schedule if he determines that the person required to pay that fee is financially unable to do so.

      2.  A schedule of fees established pursuant to this section does not apply to any services for which the Division receives payment pursuant to NRS 423.160 or 423.210.

      3.  Fees collected pursuant to this section for services provided to juveniles committed to the custody of [:

      (a) The Division pursuant to NRS 62.213;

      (b) The] the Division, the Nevada Youth Training Center [pursuant to NRS 210.180; or

      (c) The] , the Caliente Youth Center or any other state facility for the detention of children pursuant to [NRS 210.580,] title 5 of NRS must be deposited with the State Treasurer for credit to a separate account in the State General Fund for expenditure by the Administrator to carry out the powers and duties of the Administrator and the Division.


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      Sec. 317.  NRS 244.162 is hereby amended to read as follows:

      244.162  The board of county commissioners may establish, in any county where funds are expended under the provisions of [NRS 213.220 to 213.290,] sections 194 to 201, inclusive, of this act, special supervision programs for the rehabilitation of [youthful offenders] delinquent children in accordance with the provisions of [NRS 213.220 to 213.290, inclusive.] sections 194 to 201, inclusive, of this act.

      Sec. 318.  NRS 244.2969 is hereby amended to read as follows:

      244.2969  As used in NRS 244.2969 to 244.299, inclusive, “juvenile court” [means:

      1.  In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

      2.  In any other judicial district, the juvenile division of the district court.] has the meaning ascribed to it in section 19 of this act.

      Sec. 319.  NRS 244.297 is hereby amended to read as follows:

      244.297  The board of county commissioners of any county may establish by ordinance juvenile forestry camps to which children may be committed by the juvenile court of the county as provided in [NRS 62.211.] title 5 of NRS.

      Sec. 320.  NRS 244A.019 is hereby amended to read as follows:

      244A.019  “Building project” means any public building or complex of buildings to accommodate or house lawful county activities, including without limitation courts, records, county personnel, administrative offices, welfare facilities, hospital facilities, detention home facilities, jail facilities, facilities for the detention of children or other juvenile home facilities, library facilities, museum facilities, theater facilities, art galleries, picture galleries, auditorium facilities, exposition facilities, athletic facilities, supplies, vehicles, road maintenance equipment, and other county equipment , [(] or any combination thereof , [),] structures, fixtures and furniture therefor, and all appurtenances and incidentals necessary, useful or desirable for any such facilities, including without limitation all types of property therefor.

      Sec. 321.  NRS 260.050 is hereby amended to read as follows:

      260.050  1.  The public defender may, before being designated as counsel for that person pursuant to NRS 171.188, interview an indigent person when he has been arrested and confined for a public offense or for questioning on suspicion of having committed a public offense.

      2.  The public defender shall, when designated pursuant to NRS [62.085,] 171.188 or 432B.420, or section 96 of this act, and within the limits of available money, represent without charge each indigent person for whom he is appointed.

      3.  When representing an indigent person, the public defender shall:

      (a) Counsel and defend him at every stage of the proceedings, including revocation of probation or parole; and

      (b) Prosecute, subject to the provisions of subsection 4 of NRS 180.060, any appeals or other remedies before or after conviction that he considers to be in the interests of justice.

      Sec. 322.  NRS 268.676 is hereby amended to read as follows:

      268.676  “Building project” means any public building or complex of buildings to accommodate or house lawful municipal activities, including without limitation courts, records, municipal personnel, administrative offices, welfare facilities, hospital facilities, detention home facilities, jail facilities, facilities for the detention of children or other juvenile home facilities, library facilities, museum facilities, theater facilities, art galleries, picture galleries, auditorium facilities, exposition facilities, athletic facilities, maintenance shops, off-street parking facilities, fire protection and fire-fighting facilities, transportation terminal facilities and fallout shelter facilities (or any combination thereof), and structures, fixtures, furnishings and equipment therefor.


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facilities, facilities for the detention of children or other juvenile home facilities, library facilities, museum facilities, theater facilities, art galleries, picture galleries, auditorium facilities, exposition facilities, athletic facilities, maintenance shops, off-street parking facilities, fire protection and fire-fighting facilities, transportation terminal facilities and fallout shelter facilities (or any combination thereof), and structures, fixtures, furnishings and equipment therefor.

      Sec. 323.  NRS 277.065 is hereby amended to read as follows:

      277.065  1.  Within the limits of legislative appropriations, the Department of Education, the county school districts of the various counties of the State, [and] the Nevada Youth Training Center Bureau and the Caliente Youth Center Bureau of the Division of Child and Family Services of the Department of Human Resources and any other state facility for the detention of children that is operated pursuant to title 5 of NRS may enter into cooperative arrangements for improving the quality of the academic and occupational education provided at the Nevada Youth Training Center [and] , the Caliente Youth Center [.] and any other state facility for the detention of children that is operated pursuant to title 5 of NRS.

      2.  This authorization includes the right to pay over money appropriated to the Nevada Youth Training Center [or] , the Caliente Youth Center or any other state facility for the detention of children that is operated pursuant to title 5 of NRS to the Department of Education or to a county school district when necessary to accomplish the purpose of this section.

      Sec. 324.  NRS 281.210 is hereby amended to read as follows:

      281.210  1.  Except as otherwise provided in this section, it is unlawful for any person acting as a school trustee, state, township, municipal or county officer, or as an employing authority of the University and Community College System of Nevada, any school district or of the State, any town, city or county, or for any state or local board, agency or commission, elected or appointed, to employ in any capacity on behalf of the State of Nevada, or any county, township, municipality or school district thereof, or the University and Community College System of Nevada, any relative of such a person or of any member of such a board, agency or commission who is within the third degree of consanguinity or affinity.

      2.  This section does not apply:

      (a) To school districts, when the teacher or other school employee is not related to more than one of the trustees or person who is an employing authority by consanguinity or affinity and receives a unanimous vote of all members of the board of trustees and approval by the [State] Department of Education.

      (b) To school districts, when the teacher or other school employee has been employed by an abolished school district or educational district, which constitutes a part of the employing county school district, and the county school district for 4 years or more before April 1, 1957.

      (c) To the spouse of the warden of an institution or manager of a facility of the Department of Corrections.

      (d) [To the spouse of the Superintendent of the Caliente Youth Center.

      (e)] To relatives of blind officers and employees of the Bureau of Services to the Blind and Visually Impaired of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation when those relatives are employed as automobile drivers for those officers and employees.


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      [(f)] (e) To relatives of a member of a town board of a town whose population is less than 300.

      3.  Nothing in this section:

      (a) Prevents any officer in this state, employed under a flat salary, from employing any suitable person to assist in any such employment, when the payment for the service is met out of the personal money of the officer.

      (b) Disqualifies any widow with a dependent as an employee of any officer or board in this state, or any of its counties, townships, municipalities or school districts.

      4.  A person employed contrary to the provisions of this section must not be compensated for the employment.

      5.  Any person violating any provisions of this section is guilty of a gross misdemeanor.

      Sec. 325.  NRS 281.210 is hereby amended to read as follows:

      281.210  1.  Except as otherwise provided in this section, it is unlawful for any person acting as a school trustee, state, township, municipal or county officer, or as an employing authority of the University and Community College System of Nevada, any school district or of the State, any town, city or county, or for any state or local board, agency or commission, elected or appointed, to employ in any capacity on behalf of the State of Nevada, or any county, township, municipality or school district thereof, or the University and Community College System of Nevada, any relative of such a person or of any member of such a board, agency or commission who is within the third degree of consanguinity or affinity.

      2.  This section does not apply:

      (a) To school districts, when the teacher or other school employee is not related to more than one of the trustees or person who is an employing authority by consanguinity or affinity and receives a unanimous vote of all members of the board of trustees and approval by the [State] Department of Education.

      (b) To school districts, when the teacher or other school employee has been employed by an abolished school district or educational district, which constitutes a part of the employing county school district, and the county school district for 4 years or more before April 1, 1957.

      (c) To the spouse of the warden of an institution or manager of a facility of the Department of Corrections.

      (d) [To the spouse of the Superintendent of the Caliente Youth Center.

      (e)] To relatives of blind officers and employees of the Bureau of Services to the Blind and Visually Impaired of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation when those relatives are employed as automobile drivers for those officers and employees.

      3.  Nothing in this section:

      (a) Prevents any officer in this state, employed under a flat salary, from employing any suitable person to assist in any such employment, when the payment for the service is met out of the personal money of the officer.

      (b) Disqualifies any widow with a dependent as an employee of any officer or board in this state, or any of its counties, townships, municipalities or school districts.

      4.  A person employed contrary to the provisions of this section must not be compensated for the employment.


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      5.  Any person violating any provisions of this section is guilty of a gross misdemeanor.

      Sec. 326.  NRS 289.180 is hereby amended to read as follows:

      289.180  1.  The following persons have the powers of a peace officer:

      (a) The Chief Parole and Probation Officer appointed pursuant to NRS 213.1092;

      (b) Assistant parole and probation officers appointed pursuant to NRS 213.1095;

      (c) The chief of a department of alternative sentencing established pursuant to NRS 211A.080; and

      (d) Assistant alternative sentencing officers of a department of alternative sentencing.

      2.  A juvenile probation officer or assistant juvenile probation officer whose official duties require him to enforce court orders on juvenile offenders and make arrests has the same powers as a peace officer when performing duties pursuant to [NRS 213.220 to 213.290, inclusive, or chapter 62 or] title 5 of NRS or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.

      3.  A director of juvenile services has the powers of a peace officer in his judicial district when performing duties pursuant to [NRS 213.220 to 213.290, inclusive, or chapter 62 or] title 5 of NRS or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.

      4.  The Chief of the Youth Parole Bureau of the Division of Child and Family Services in the Department of Human Resources and the parole officers of the Bureau have the powers of a peace officer in carrying out the functions of the Bureau.

      5.  A director of a department of [family, youth and] juvenile justice services established by ordinance pursuant to [NRS 62.1264] section 83 of this act has the powers of a peace officer in the county when carrying out duties pursuant to [chapter 62 of NRS, NRS 213.220 to 213.290, inclusive,] title 5 of NRS or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while carrying out those duties.

      Sec. 327.  NRS 289.200 is hereby amended to read as follows:

      289.200  Officers and employees of the [:

      1.]  Nevada Youth Training Center [have the powers of a peace officer so far as necessary to arrest inmates who have escaped from that center.

      2.] , the Caliente Youth Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS have the powers of a peace officer so far as necessary to arrest [inmates] children who have escaped from that [center.] facility.

      Sec. 328.  NRS 289.470 is hereby amended to read as follows:

      289.470  “Category II peace officer” means:

      1.  The Bailiff of the Supreme Court;

      2.  The bailiffs of the district courts, justices’ courts and municipal courts whose duties require them to carry weapons and make arrests;

      3.  Constables and their deputies whose official duties require them to carry weapons and make arrests;

      4.  Inspectors employed by the Transportation Services Authority who exercise those powers of enforcement conferred by chapters 706 and 712 of NRS;


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      5.  Parole and probation officers;

      6.  Special investigators who are employed full time by the office of any district attorney or the Attorney General;

      7.  Investigators of arson for fire departments who are specially designated by the appointing authority;

      8.  The assistant and deputies of the State Fire Marshal;

      9.  The brand inspectors of the State Department of Agriculture who exercise the powers of enforcement conferred by chapter 565 of NRS;

      10.  The field agents and inspectors of the State Department of Agriculture who exercise the powers of enforcement conferred by NRS 561.225;

      11.  Investigators for the State Forester Firewarden who are specially designated by him and whose primary duties are related to the investigation of arson;

      12.  School police officers employed by the board of trustees of any county school district;

      13.  Agents of the State Gaming Control Board who exercise the powers of enforcement specified in NRS 289.360, 463.140 or 463.1405, except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;

      14.  Investigators and administrators of the Division of Compliance Enforcement of the Department of Motor Vehicles who perform the duties specified in subsection 2 of NRS 481.048;

      15.  Officers and investigators of the Section for the Control of Emissions from Vehicles of the Department of Motor Vehicles who perform the duties specified in subsection 3 of NRS 481.0481;

      16.  Legislative police officers of the State of Nevada;

      17.  The personnel of the Capitol Police Division of the Department of Public Safety appointed pursuant to subsection 2 of NRS 331.140;

      18.  Parole counselors of the Division of Child and Family Services of the Department of Human Resources;

      19.  Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in the State of Nevada or by a department of [family, youth and] juvenile justice services established by ordinance pursuant to [NRS 62.1264] section 83 of this act whose official duties require them to enforce court orders on juvenile offenders and make arrests;

      20.  Field investigators of the Taxicab Authority;

      21.  Security officers employed full-time by a city or county whose official duties require them to carry weapons and make arrests;

      22.  The chief of a department of alternative sentencing created pursuant to NRS 211A.080 and the assistant alternative sentencing officers employed by that department; and

      23.  Criminal investigators who are employed by the Secretary of State.

      Sec. 329.  NRS 353.264 is hereby amended to read as follows:

      353.264  1.  The Reserve for Statutory Contingency Account is hereby created in the State General Fund.

      2.  The State Board of Examiners shall administer the Reserve for Statutory Contingency Account. The money in the Account must be expended only for:

      (a) The payment of claims which are obligations of the State pursuant to NRS 41.03435, 41.0347, 176.485, 179.310, 212.040, 212.050, 212.070, [214.040,] 281.174, 282.290, 282.315, 288.203, 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235 [;] and section 288 of this act;


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[214.040,] 281.174, 282.290, 282.315, 288.203, 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235 [;] and section 288 of this act;

      (b) The payment of claims which are obligations of the State pursuant to:

             (1) Chapter 472 of NRS arising from operations of the Division of Forestry of the State Department of Conservation and Natural Resources directly involving the protection of life and property; and

             (2) NRS 7.155, 34.750, 176A.640, 179.225, 213.153 and 293B.210,

except that claims may be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted;

      (c) The payment of claims which are obligations of the state pursuant to NRS 41.0349 and 41.037, but only to the extent that the money in the Fund for Insurance Premiums is insufficient to pay the claims; and

      (d) The payment of claims which are obligations of the State pursuant to NRS 535.030 arising from remedial actions taken by the State Engineer when the condition of a dam becomes dangerous to the safety of life or property.

      3.  The State Board of Examiners may authorize its Clerk, under such circumstances as it deems appropriate, to approve, on behalf of the Board, the payment of claims from the Reserve for Statutory Contingency Account. For the purpose of exercising any authority granted to the Clerk of the State Board of Examiners pursuant to this subsection, any statutory reference to the State Board of Examiners relating to such a claim shall be deemed to refer to the Clerk of the Board.

      Sec. 330.  NRS 354.557 is hereby amended to read as follows:

      354.557  “Regional facility” means a facility that is used by each county that levies a tax ad valorem for its operation pursuant to NRS 354.59818 and provides services related to public safety, health or criminal justice. The term includes a regional facility for the detention of children [as that term is defined in NRS 62.845.] for which an assessment is paid pursuant to section 206 of this act.

      Sec. 331.  NRS 385.363 is hereby amended to read as follows:

      385.363  1.  The Department shall, on or before April 1 of each year:

      (a) Evaluate the information submitted by each school district pursuant to paragraphs (b) and (g) of subsection 2 of NRS 385.347; and

      (b) Except as otherwise provided in subsection 2 and NRS 385.364, based upon its evaluation and in accordance with the criteria set forth in NRS 385.365 and 385.367, designate each public school within each school district as:

             (1) Demonstrating exemplary achievement;

             (2) Demonstrating high achievement;

             (3) Demonstrating adequate achievement; or

             (4) Demonstrating need for improvement.

      2.  The Department shall adopt regulations that set forth the conditions under which the Department will not designate a public school pursuant to this section because the school:

      (a) Has too few pupils enrolled in a grade level that is tested pursuant to NRS 389.015;

      (b) Serves only pupils with disabilities;

      (c) Operates only as an alternative program for the education of pupils at risk of dropping out of high school, including, without limitation, a program of distance education for pupils at risk of dropping out of high school provided pursuant to NRS 388.820 to 388.874, inclusive; or


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of distance education for pupils at risk of dropping out of high school provided pursuant to NRS 388.820 to 388.874, inclusive; or

      (d) Is operated within a:

             (1) [Youth training center;

             (2) Youth center;

             (3)] Local, regional or state facility for the detention of children;

             (2) Juvenile forestry camp;

             [(4) Detention home;

             (5) Youth camp;

             (6) Juvenile correctional institution; or

             (7)] or

             (3) Correctional institution.

      Sec. 332.  NRS 387.123 is hereby amended to read as follows:

      387.123  1.  The count of pupils for apportionment purposes includes all pupils who are enrolled in programs of instruction of the school district, including, without limitation, a program of distance education provided by the school district, or pupils who reside in the county in which the school district is located and are enrolled in any charter school, including, without limitation, a program of distance education provided by a charter school, for:

      (a) Pupils in the kindergarten department.

      (b) Pupils in grades 1 to 12, inclusive.

      (c) Pupils not included under paragraph (a) or (b) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive.

      (d) Pupils who reside in the county and are enrolled part-time in a program of distance education if an agreement is filed with the Superintendent of Public Instruction pursuant to NRS 388.854 or 388.858, as applicable.

      (e) Children detained in [detention homes,] facilities for the detention of children, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570.

      (f) Pupils who are enrolled in classes pursuant to subsection 4 of NRS 386.560 and pupils who are enrolled in classes pursuant to subsection 4 of NRS 386.580.

      (g) Pupils who are enrolled in classes pursuant to subsection 3 of NRS 392.070.

      (h) Pupils who are enrolled in classes and taking courses necessary to receive a high school diploma, excluding those pupils who are included in paragraphs (d), (f) and (g).

      2.  The State Board shall establish uniform regulations for counting enrollment and calculating the average daily attendance of pupils. In establishing such regulations for the public schools, the State Board:

      (a) Shall divide the school year into 10 school months, each containing 20 or fewer school days.

      (b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.

      (c) Shall prohibit the counting of any pupil specified in subsection 1 more than once.

      3.  Except as otherwise provided in subsection 4 and NRS 388.700, the State Board shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of this state which is consistent with:


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in separate classes, for each school district of this state which is consistent with:

      (a) The maintenance of an acceptable standard of instruction;

      (b) The conditions prevailing in the school district with respect to the number and distribution of pupils in each grade; and

      (c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.

If the Superintendent of Public Instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, he shall, with the approval of the State Board, reduce the count of pupils for apportionment purposes by the percentage which the number of pupils attending those classes is of the total number of pupils in the district, and the State Board may direct him to withhold the quarterly apportionment entirely.

      4.  The provisions of subsection 3 do not apply to a charter school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive.

      Sec. 333.  NRS 387.1233 is hereby amended to read as follows:

      387.1233  1.  Except as otherwise provided in subsection 2, basic support of each school district must be computed by:

      (a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:

             (1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school district for the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school on the last day of the first school month of the school district for the school year.

             (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school district for the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school on the last day of the first school month of the school district for the school year.

             (3) The count of pupils not included under subparagraph (1) or (2) who are enrolled full-time in a program of distance education provided by that school district or a charter school located within that school district on the last day of the first school month of the school district for the school year.

             (4) The count of pupils who reside in the county and are enrolled:

                   (I) In a public school of the school district and are concurrently enrolled part-time in a program of distance education provided by another school district or a charter school on the last day of the first school month of the school district for the school year, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

                   (II) In a charter school and are concurrently enrolled part-time in a program of distance education provided by a school district or another charter school on the last day of the first school month of the school district for the school year, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).


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services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

             (5) The count of pupils not included under subparagraph (1), (2), (3) or (4), who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school district for the school year, excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on that day.

             (6) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on the last day of the first school month of the school district for the school year.

             (7) The count of children detained in [detention homes,] facilities for the detention of children, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the last day of the first school month of the school district for the school year.

             (8) The count of pupils who are enrolled in classes for at least one semester pursuant to subsection 4 of NRS 386.560, subsection 4 of NRS 386.580 or subsection 3 of NRS 392.070, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

      (b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.

      (c) Adding the amounts computed in paragraphs (a) and (b).

      2.  If the enrollment of pupils in a school district or a charter school that is located within the school district on the last day of the first school month of the school district for the school year is less than the enrollment of pupils in the same school district or charter school on the last day of the first school month of the school district for either or both of the immediately preceding 2 school years, the largest number must be used from among the 3 years for purposes of apportioning money from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.

      3.  Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.

      4.  Pupils who are incarcerated in a facility or institution operated by the Department of Corrections must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the Department [.] of Education.

      5.  Pupils who are enrolled in courses which are approved by the Department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing basic support pursuant to this section.

      Sec. 334.  NRS 388.550 is hereby amended to read as follows:

      388.550  1.  With the approval of the juvenile court and the board of county commissioners, the board of trustees of a school district may employ necessary legally qualified teachers for the instruction of children detained in:


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ê2003 Statutes of Nevada, Page 1139 (Chapter 206, SB 197)ê

 

      (a) A facility for the detention [home] of children or an alternative program maintained by the county pursuant to the provisions of [NRS 62.180.] title 5 of NRS.

      (b) A juvenile forestry camp established by the county pursuant to the provisions of NRS 244.297.

      (c) A juvenile training school established by the State pursuant to the provisions of [chapter 210] title 5 of NRS.

      2.  As used in this section, “juvenile court” [means:

      (a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

      (b) In any other judicial district, the juvenile division of the district court.] has the meaning ascribed to it in section 19 of this act.

      Sec. 335.  NRS 388.560 is hereby amended to read as follows:

      388.560  Only courses of instruction approved by the State Board [of Education] may be given in such [detention homes, alternative programs, juvenile training schools] local, regional or state facilities for the detention of children, alternative programs or juvenile forestry camps. Necessary textbooks, equipment and supplies must be furnished by the school district.

      Sec. 336.  NRS 388.570 is hereby amended to read as follows:

      388.570  1.  The State Board [of Education] shall establish regulations for the computation of enrollment and average daily attendance of children detained in [detention homes,] facilities for the detention of children, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of this section and NRS 388.550 [, 388.560 and 388.570.] and 388.560.

      2.  Boards of trustees of school districts providing such instruction shall report to the Superintendent of Public Instruction at such times and in such manner as he prescribes.

      Sec. 337.  NRS 388.795 is hereby amended to read as follows:

      388.795  1.  The Commission shall establish a plan for the use of educational technology in the public schools of this state. In preparing the plan, the Commission shall consider:

      (a) Plans that have been adopted by the Department and the school districts in this state;

      (b) Plans that have been adopted in other states;

      (c) The information submitted to the Commission by the board of trustees of each school district pursuant to subsection 2 of NRS 385.351; and

      (d) Any other information that the Commission or the Committee deems relevant to the preparation of the plan.

      2.  The plan established by the Commission must include recommendations for methods to:

      (a) Incorporate educational technology into the public schools of this state;

      (b) Increase the number of pupils in the public schools of this state who have access to educational technology;

      (c) Increase the availability of educational technology to assist licensed teachers and other educational personnel in complying with the requirements of continuing education, including, but not limited to, the receipt of credit for college courses completed through the use of educational technology;

      (d) Facilitate the exchange of ideas to improve the achievement of pupils who are enrolled in the public schools of this state; and


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      (e) Address the needs of teachers in incorporating the use of educational technology in the classroom, including, but not limited to, the completion of training that is sufficient to enable the teachers to instruct pupils in the use of educational technology.

      3.  The Department shall provide:

      (a) Administrative support;

      (b) Equipment; and

      (c) Office space,

as is necessary for the Commission to carry out the provisions of this section.

      4.  The following entities shall cooperate with the Commission in carrying out the provisions of this section:

      (a) The State Board.

      (b) The board of trustees of each school district.

      (c) The superintendent of schools of each school district.

      (d) The Department.

      5.  The Commission shall:

      (a) Develop technical standards for educational technology and any electrical or structural appurtenances necessary thereto, including, without limitation, uniform specifications for computer hardware and wiring, to ensure that such technology is compatible, uniform and can be interconnected throughout the public schools of this state.

      (b) Allocate money to the school districts from the Trust Fund for Educational Technology created pursuant to NRS 388.800 and any money appropriated by the Legislature for educational technology, subject to any priorities for such allocation established by the Legislature.

      (c) Establish criteria for the board of trustees of a school district that receives an allocation of money from the Commission to:

             (1) Repair, replace and maintain computer systems.

             (2) Upgrade and improve computer hardware and software and other educational technology.

             (3) Provide training, installation and technical support related to the use of educational technology within the district.

      (d) Submit to the Governor, the Committee and the Department its plan for the use of educational technology in the public schools of this state and any recommendations for legislation.

      (e) Review the plan annually and make revisions as it deems necessary or as directed by the Committee or the Department.

      (f) In addition to the recommendations set forth in the plan pursuant to subsection 2, make further recommendations to the Committee and the Department as the Commission deems necessary.

      6.  The Commission may appoint an advisory committee composed of members of the Commission or other qualified persons to provide recommendations to the Commission regarding standards for the establishment, coordination and use of a telecommunications network in the public schools throughout the various school districts in this state. The advisory committee serves at the pleasure of the Commission and without compensation unless an appropriation or other money for that purpose is provided by the Legislature.

      7.  As used in this section, “public school” includes the Caliente Youth Center , [and] the Nevada Youth Training Center [.] and any other state facility for the detention of children that is operated pursuant to title 5 of NRS.


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      Sec. 338.  NRS 388.850 is hereby amended to read as follows:

      388.850  1.  A pupil may enroll in a program of distance education only if the pupil satisfies the requirements of any other applicable statute and the pupil:

      (a) Is participating in a program for pupils at risk of dropping out of high school pursuant to NRS 388.537;

      (b) Is participating in a program of independent study pursuant to NRS 389.155;

      (c) Is enrolled in a public school that does not offer certain advanced or specialized courses that the pupil desires to attend;

      (d) Has a physical or mental condition that would otherwise require an excuse from compulsory attendance pursuant to NRS 392.050;

      (e) Would otherwise be excused from compulsory attendance pursuant to NRS 392.080;

      (f) Is otherwise prohibited from attending public school pursuant to NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or 392.4675;

      (g) Is otherwise permitted to enroll in a program of distance education provided by the board of trustees of a school district if the board of trustees determines that the circumstances warrant enrollment for the pupil; or

      (h) Is otherwise permitted to enroll in a program of distance education provided by the governing body of a charter school if the governing body of the charter school determines that the circumstances warrant enrollment for the pupil.

      2.  In addition to the eligibility for enrollment set forth in subsection 1, a pupil must satisfy the qualifications and conditions for enrollment in a program of distance education adopted by the State Board pursuant to NRS 388.874.

      3.  A child who is exempt from compulsory attendance and receiving equivalent instruction authorized by the State Board pursuant to subsection 1 of NRS 392.070 is not eligible to enroll in or otherwise attend a program of distance education, regardless of whether he is otherwise eligible for enrollment pursuant to subsection 1.

      4.  If a pupil who is prohibited from attending public school pursuant to NRS 392.264 enrolls in a program of distance education, the enrollment and attendance of that pupil must comply with all requirements of NRS [62.405 to 62.485, inclusive, and] 392.251 to 392.271, inclusive [.] , and sections 180 to 184, inclusive, of this act.

      5.  If a pupil is eligible for enrollment in a program of distance education pursuant to paragraph (c) of subsection 1, he may enroll in the program of distance education only to take those advanced or specialized courses that are not offered at the public school he otherwise attends.

      Sec. 339.  NRS 389.017 is hereby amended to read as follows:

      389.017  1.  The State Board shall adopt regulations requiring that each board of trustees of a school district and each governing body of a charter school submit to the Superintendent of Public Instruction and the Department, in the form and manner prescribed by the Superintendent, the results of achievement and proficiency examinations given in the 4th, 8th, 10th and 11th grades to public school pupils of the district and charter schools. The State Board shall not include in the regulations any provision which would violate the confidentiality of the test scores of any individual pupil.


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ê2003 Statutes of Nevada, Page 1142 (Chapter 206, SB 197)ê

 

      2.  The results of examinations must be reported for each school, including, without limitation, each charter school, school district and this state, as follows:

      (a) The average score, as defined by the Department, of pupils who took the examinations under regular testing conditions; and

      (b) The average score, as defined by the Department, of pupils who took the examinations with modifications or accommodations approved by the private entity that created the examination or, if the Department created the examination, the Department, if such reporting does not violate the confidentiality of the test scores of any individual pupil.

      3.  The Department shall adopt regulations prescribing the requirements for reporting the scores of pupils who:

      (a) Took the examinations under conditions that were not approved by the private entity that created the examination or, if the Department created the examination, by the Department;

      (b) Are enrolled in special schools for children with disabilities;

      (c) Are enrolled in an alternative program for the education of pupils at risk of dropping out of high school, including, without limitation, a program of distance education that is provided to pupils who are at risk of dropping out of high school pursuant to NRS 388.820 to 388.874, inclusive; or

      (d) Are detained in a:

             (1) [Youth training center;

             (2) Youth center;

             (3)] Local, regional or state facility for the detention of children;

             (2) Juvenile forestry camp;

             [(4) Detention home;

             (5) Youth camp;

             (6) Juvenile correctional institution; or

             (7)] or

             (3) Correctional institution.

The scores reported pursuant to this subsection must not be included in the average scores reported pursuant to subsection 2.

      4.  Not later than 10 days after the Department receives the results of the achievement and proficiency examinations, the Department shall transmit a copy of the results of the examinations administered pursuant to NRS 389.015 to the Legislative Bureau of Educational Accountability and Program Evaluation in a manner that does not violate the confidentiality of the test scores of any individual pupil.

      5.  On or before November 15 of each year, each school district and each charter school shall report to the Department the following information for each examination administered in the public schools in the school district or charter school:

      (a) The examination administered;

      (b) The grade level or levels of pupils to whom the examination was administered;

      (c) The costs incurred by the school district or charter school in administering each examination; and

      (d) The purpose, if any, for which the results of the examination are used by the school district or charter school.

On or before December 15 of each year, the Department shall transmit to the Budget Division of the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau the information submitted to the Department pursuant to this subsection.


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ê2003 Statutes of Nevada, Page 1143 (Chapter 206, SB 197)ê

 

Analysis Division of the Legislative Counsel Bureau the information submitted to the Department pursuant to this subsection.

      6.  The superintendent of schools of each school district and the governing body of each charter school shall certify that the number of pupils who took the examinations required pursuant to NRS 389.015 is equal to the number of pupils who are enrolled in each school in the school district or in the charter school who are required to take the examinations except for those pupils who are exempt from taking the examinations. A pupil may be exempt from taking the examinations if:

      (a) His primary language is not English and his proficiency in the English language is below the level that the State Board determines is proficient, as measured by an assessment of proficiency in the English language prescribed by the State Board pursuant to subsection 8; or

      (b) He is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, and his program of special education specifies that he is exempt from taking the examinations.

      7.  In addition to the information required by subsection 5, the Superintendent of Public Instruction shall:

      (a) Report the number of pupils who were not exempt from taking the examinations but were absent from school on the day that the examinations were administered; and

      (b) Reconcile the number of pupils who were required to take the examinations with the number of pupils who were exempt from taking the examinations or absent from school on the day that the examinations were administered.

      8.  The State Board shall prescribe an assessment of proficiency in the English language for pupils whose primary language is not English to determine which pupils are exempt from the examinations pursuant to paragraph (a) of subsection 6.

      Sec. 340.  NRS 389.018 is hereby amended to read as follows:

      389.018  1.  The following subjects are designated as the core academic subjects that must be taught, as applicable for grade levels, in all public schools, the Caliente Youth Center [and] , the Nevada Youth Training Center [:] and any other state facility for the detention of children that is operated pursuant to title 5 of NRS:

      (a) English, including reading, composition and writing;

      (b) Mathematics;

      (c) Science; and

      (d) Social studies, which includes only the subjects of history, geography, economics and government.

      2.  Except as otherwise provided in this subsection, in addition to the core academic subjects, the following subjects must be taught as applicable for grade levels and to the extent practicable in all public schools, the Caliente Youth Center , [and] the Nevada Youth Training Center [:] and any other state facility for the detention of children that is operated pursuant to title 5 of NRS:

      (a) The arts;

      (b) Computer education and technology;

      (c) Health; and

      (d) Physical education.

If the State Board requires the completion of course work in a subject area set forth in this subsection for graduation from high school or promotion to the next grade, a public school shall offer the required course work.


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ê2003 Statutes of Nevada, Page 1144 (Chapter 206, SB 197)ê

 

the next grade, a public school shall offer the required course work. Unless a subject is required for graduation from high school or promotion to the next grade, a charter school is not required to comply with this subsection.

      Sec. 341.  NRS 389.020 is hereby amended to read as follows:

      389.020  1.  In all public schools, the Caliente Youth Center , [and] the Nevada Youth Training Center [,] and any other state facility for the detention of children that is operated pursuant to title 5 of NRS, instruction must be given in American government, including, without limitation, the:

      (a) Essentials of the:

             (1) Constitution of the United States, including, without limitation, the Bill of Rights;

             (2) Constitution of the State of Nevada; and

             (3) Declaration of Independence;

      (b) Origin and history of the constitutions; and

      (c) Study of and devotion to American institutions and ideals.

      2.  The instruction required in subsection 1 must be given during at least 1 year of the elementary school grades and for a period of at least 1 year in all high schools.

      Sec. 342.  NRS 389.035 is hereby amended to read as follows:

      389.035  No pupil in any public high school, the Caliente Youth Center , [or] the Nevada Youth Training Center or any other state facility for the detention of children that is operated pursuant to title 5 of NRS may receive a certificate or diploma of graduation without having passed a course in American government and American history as required by NRS 389.020 and 389.030.

      Sec. 343.  NRS 389.560 is hereby amended to read as follows:

      389.560  1.  The State Board shall adopt regulations that require the board of trustees of each school district and the governing body of each charter school to submit to the Superintendent of Public Instruction, the Department and the Council, in the form and manner prescribed by the Superintendent, the results of the examinations administered pursuant to NRS 389.550. The State Board shall not include in the regulations any provision that would violate the confidentiality of the test scores of an individual pupil.

      2.  The results of the examinations must be reported for each school, including, without limitation, each charter school, school district and this state, as follows:

      (a) The percentage of pupils who have demonstrated proficiency, as defined by the Department, and took the examinations under regular testing conditions; and

      (b) The percentage of pupils who have demonstrated proficiency, as defined by the Department, and took the examinations with modifications or accommodations approved by the private entity that created the examination or, if the Department created the examination, the Department, if such reporting does not violate the confidentiality of the test scores of any individual pupil.

      3.  The Department shall adopt regulations prescribing the requirements for reporting the results of pupils who:

      (a) Took the examinations under conditions that were not approved by the private entity that created the examination or, if the Department created the examination, by the Department;

      (b) Are enrolled in special schools for children with disabilities;


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ê2003 Statutes of Nevada, Page 1145 (Chapter 206, SB 197)ê

 

      (c) Are enrolled in an alternative program for the education of pupils at risk of dropping out of high school, including, without limitation, a program of distance education that is provided to pupils who are at risk of dropping out of high school pursuant to NRS 388.820 to 388.874, inclusive; or

      (d) Are detained in a:

             (1) [Youth training center;

             (2) Youth center;

             (3)] Local, regional or state facility for the detention of children;

             (2) Juvenile forestry camp;

             [(4) Detention home;

             (5) Youth camp;

             (6) Juvenile correctional institution; or

             (7)] or

             (3) Correctional institution.

The results reported pursuant to this subsection must not be included in the percentage of pupils reported pursuant to subsection 2.

      4.  Not later than 10 days after the Department receives the results of the examinations, the Department shall transmit a copy of the results to the Legislative Bureau of Educational Accountability and Program Evaluation in a manner that does not violate the confidentiality of the test scores of any individual pupil.

      5.  On or before November 15 of each year, each school district and each charter school shall report to the Department the following information for each examination administered in the public schools in the school district or charter school:

      (a) The examination administered;

      (b) The grade level or levels of pupils to whom the examination was administered;

      (c) The costs incurred by the school district or charter school in administering each examination; and

      (d) The purpose, if any, for which the results of the examination are used by the school district or charter school.

On or before December 15 of each year, the Department shall transmit to the Budget Division of the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau the information submitted to the Department pursuant to this subsection.

      6.  The superintendent of schools of each school district and the governing body of each charter school shall certify that the number of pupils who took the examinations is equal to the number of pupils who are enrolled in each school in the school district or in the charter school who are required to take the examinations, except for those pupils who are exempt from taking the examinations. A pupil may be exempt from taking the examinations if:

      (a) His primary language is not English and his proficiency in the English language is below the level that the State Board determines is proficient, as measured by an assessment of proficiency in the English language prescribed by the State Board pursuant to subsection 8; or

      (b) He is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, and his program of special education specifies that he is exempt from taking the examinations.

      7.  In addition to the information required by subsection 5, the Superintendent of Public Instruction shall:


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      (a) Report the number of pupils who were not exempt from taking the examinations but were absent from school on the day that the examinations were administered; and

      (b) Reconcile the number of pupils who were required to take the examinations with the number of pupils who were exempt from taking the examinations or absent from school on the day that the examinations were administered.

      8.  The State Board shall prescribe an assessment of proficiency in the English language for pupils whose primary language is not English to determine which pupils are exempt from the examinations pursuant to paragraph (a) of subsection 6.

      Sec. 344.  NRS 391.090 is hereby amended to read as follows:

      391.090  1.  Any person who is:

      (a) Granted a license to teach or perform other educational functions in the public schools of Nevada, in the school conducted at the Nevada Youth Training Center , [or] the Caliente Youth Center or any other state facility for the detention of children that is operated pursuant to title 5 of NRS or for any program of instruction for kindergarten or grades 1 to 12, inclusive, conducted at any correctional institution in the Department of Corrections; or

      (b) Charged with the duty at the Nevada Youth Training Center , [or] the Caliente Youth Center or any other state facility for the detention of children that is operated pursuant to title 5 of NRS of giving instruction in the Constitution of the United States and the Constitution of the State of Nevada,

must show, by examination or credentials showing college, university or normal school study, satisfactory evidence of adequate knowledge of the origin, history, provisions and principles of the Constitution of the United States and the Constitution of the State of Nevada.

      2.  The Commission may grant a reasonable time for compliance with the terms of this section.

      Sec. 345.  NRS 392.090 is hereby amended to read as follows:

      392.090  After review of the case, the juvenile [division or family division of the district] court may issue a permit authorizing any child who has completed the eighth grade to leave school.

      Sec. 346.  NRS 392.254 is hereby amended to read as follows:

      392.254  “Notification” means a notification which indicates that a child has been adjudicated delinquent for a sexual offense or a sexually motivated act and which is provided by a probation officer or parole officer pursuant to [NRS 62.465.] section 182 of this act.

      Sec. 347.  NRS 392.2583 is hereby amended to read as follows:

      392.2583  “Sexual offense” has the meaning ascribed to it in [NRS 62.435.] section 180 of this act.

      Sec. 348.  NRS 392.2587 is hereby amended to read as follows:

      392.2587  “Sexually motivated act” has the meaning ascribed to it in [NRS 62.440.] section 33 of this act.

      Sec. 349.  NRS 392.264 is hereby amended to read as follows:

      392.264  1.  If a superintendent of a school district receives notification and a victim identified in the notification is a pupil in the school district, the superintendent shall not permit an offender who is subject to the provisions of [NRS 62.405 to 62.490,] sections 180 to 185, inclusive, of this act to attend a public school that a victim is attending unless:


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      (a) An alternative plan of supervision is approved by the court pursuant to [NRS 62.475;] section 183 of this act; or

      (b) An alternative plan of attendance is approved by the court pursuant to [NRS 62.485.] section 184 of this act.

      2.  If the court does not approve an alternative plan of supervision or an alternative plan of attendance for the offender and the school district in which the offender resides does not have another public school in the district for the offender to attend, the superintendent of the school district shall negotiate an agreement with:

      (a) The superintendent of an adjoining school district within this state for the offender to attend a public school in that adjoining school district; or

      (b) The superintendent, or another appropriate administrator, of an adjoining school district in an adjoining state for the offender to attend a public school in that adjoining school district.

      3.  The superintendent of the school district in which the offender resides shall inform the person with whom he is negotiating that the offender has been adjudicated delinquent for a sexual offense or a sexually motivated act, but the superintendent shall not disclose the name of a victim.

      4.  An agreement which is made pursuant to this section and which is presented to a board of trustees for approval:

      (a) Must not contain the name of a victim;

      (b) Must comply with the provisions of subsections 2 and 3 of NRS 392.010; and

      (c) Must be approved by the Superintendent of Public Instruction.

      5.  A board of trustees may terminate an agreement entered into pursuant to this section if, because of a change in circumstances, the offender is able to attend a public school in the school district in which he resides without violating subsection 1.

      Sec. 350.  NRS 392.268 is hereby amended to read as follows:

      392.268  If a school district incurs additional costs for transporting an offender because he is prohibited from attending a public school that a victim is attending, the school district is entitled to reimbursement of all or part of those costs from the parents or guardians of the offender to the extent ordered by the court pursuant to [NRS 62.455.] section 181 of this act. The superintendent of the school district or the parents or guardians of the offender may petition the court to reconsider the amount of reimbursement ordered by the court.

      Sec. 351.  NRS 394.163 is hereby amended to read as follows:

      394.163  “Notification” means a notification which indicates that a child has been adjudicated delinquent for a sexual offense or a sexually motivated act and which is provided by a probation officer or parole officer pursuant to [NRS 62.465.] section 182 of this act.

      Sec. 352.  NRS 394.1643 is hereby amended to read as follows:

      394.1643  “Sexual offense” has the meaning ascribed to it in [NRS 62.435.] section 180 of this act.

      Sec. 353.  NRS 394.1647 is hereby amended to read as follows:

      394.1647  “Sexually motivated act” has the meaning ascribed to it in [NRS 62.440.] section 33 of this act.

      Sec. 354.  NRS 394.166 is hereby amended to read as follows:

      394.166  If the executive head of a private school receives notification and a victim identified in the notification is attending a private school under his authority, the executive head shall not permit an offender who is subject to the provisions of [NRS 62.405 to 62.490,] sections 180 to 185, inclusive, of this act to attend the private school that a victim is attending unless:


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to the provisions of [NRS 62.405 to 62.490,] sections 180 to 185, inclusive, of this act to attend the private school that a victim is attending unless:

      1.  An alternative plan of supervision is approved by the court pursuant to [NRS 62.475;] section 183 of this act; or

      2.  An alternative plan of attendance is approved by the court pursuant to [NRS 62.485.] section 184 of this act.

      Sec. 355.  NRS 432.085 is hereby amended to read as follows:

      432.085  1.  The parents of a child placed in the custody of an agency which provides child welfare services pursuant to the provisions of NRS [62.880 or] 432.010 to 432.085, inclusive, or chapter 432B of NRS or section 39 of this act are liable to the agency which provides child welfare services for the cost of maintenance and special services provided to the child.

      2.  The Division shall establish by regulation reasonable schedules for the repayment of money owed by parents pursuant to subsection 1.

      3.  An agency which provides child welfare services may waive all or any part of the amount due pursuant to this section if it determines that the parents of the child do not have the ability to pay the amount.

      4.  If a parent refuses to pay an agency which provides child welfare services for money owed under this section, the agency which provides child welfare services may bring a civil action to recover all money owed with interest thereon at the rate of 7 percent per year commencing 30 days after an itemized statement of the amount owed is submitted to the parents.

      5.  All money collected pursuant to this section must be deposited:

      (a) In a county whose population is less than 100,000, with the State Treasurer for credit to the State Child Welfare Services Account.

      (b) In a county whose population is 100,000 or more, with the county treasurer for credit to a fund or account established by the board of county commissioners.

      Sec. 356.  NRS 432.140 is hereby amended to read as follows:

      432.140  1.  A parent or guardian of a child may request that the child be fingerprinted by any law enforcement agency of this state. If the law enforcement agency agrees to perform the service and accepts payment of the same fee charged to others for this service, if any, the law enforcement agency shall fingerprint the child and give the fingerprint card to the parent or guardian. A law enforcement agency which fingerprints a child under this section shall not retain a fingerprint card or any other copy of the child’s fingerprints prepared pursuant to this section.

      2.  The fingerprint card must include in a conspicuous place on the card a statement that the card may be used for identification purposes only and may not be used in any juvenile or criminal investigation or proceeding conducted against the child.

      3.  A fingerprint card prepared pursuant to this section may be used by a law enforcement agency only to help identify a child who is lost, kidnapped or killed. The card may not be used by anyone in any investigation or proceeding conducted against the child under [chapter 62] title 5 of NRS or under the criminal laws of this state.

      4.  Any other person, firm or corporation that fingerprints children for identification purposes shall take the fingerprints in a manner which meets the standards set by the Federal Bureau of Investigation as those standards exist on July 1, 1983.


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      Sec. 357.  NRS 432B.020 is hereby amended to read as follows:

      432B.020  1.  “Abuse or neglect of a child” means, except as otherwise provided in subsection 2:

      (a) Physical or mental injury of a nonaccidental nature;

      (b) Sexual abuse or sexual exploitation; or

      (c) Negligent treatment or maltreatment as set forth in NRS 432B.140,

of a child caused or allowed by a person responsible for his welfare under circumstances which indicate that the child’s health or welfare is harmed or threatened with harm.

      2.  A child is not abused or neglected, nor is his health or welfare harmed or threatened for the sole reason that his:

      (a) Parent delivers the child to a provider of emergency services pursuant to NRS 432B.630, if the parent complies with the requirements of paragraph (a) of subsection 3 of that section; or

      (b) Parent or guardian, in good faith, selects and depends upon nonmedical remedial treatment for such child, if such treatment is recognized and permitted under the laws of this state in lieu of medical treatment. This paragraph does not limit the court in ensuring that a child receive a medical examination and treatment pursuant to [NRS 62.231.] section 143 of this act.

      3.  As used in this section, “allow” means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that a child is abused or neglected.

      Sec. 358.  NRS 432B.050 is hereby amended to read as follows:

      432B.050  “Court” [means:

      1.  In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

      2.  In any other judicial district, the juvenile division of the district court.] has the meaning ascribed to it in section 19 of this act.

      Sec. 359.  NRS 432B.425 is hereby amended to read as follows:

      432B.425  If proceedings pursuant to this chapter involve the protection of an Indian child, the court shall:

      1.  Cause the Indian child’s tribe to be notified in writing at the beginning of the proceedings in the manner provided in the Indian Child Welfare Act. If the Indian child is eligible for membership in more than one tribe, each tribe must be notified.

      2.  Transfer the proceedings to the Indian child’s tribe in accordance with the Indian Child Welfare Act.

      3.  If a tribe declines or is unable to exercise jurisdiction, exercise its jurisdiction as provided in the Indian Child Welfare Act.

      Sec. 360.  NRS 435.081 is hereby amended to read as follows:

      435.081  1.  The Administrator or his designee may receive a mentally retarded person or person with a related condition of this state for services in a facility operated by the Division if:

      (a) The person is mentally retarded as defined in NRS 433.174 or is a person with a related condition and is in need of institutional training and treatment;

      (b) Space is available which is designed and equipped to provide appropriate care for the person;

      (c) The facility has or can provide an appropriate program of training and treatment for the person; and

      (d) There is written evidence that no less restrictive alternative is available in his community.


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      2.  A mentally retarded person or person with a related condition may be accepted at a division facility for emergency evaluation when the evaluation is requested by a court. A person must not be retained pursuant to this subsection for more than 10 working days.

      3.  A court may order that a mentally retarded person or person with a related condition be admitted to a division facility if it finds that admission is necessary because of the death or sudden disability of the parent or guardian of the person. The person must not be retained pursuant to this subsection for more than 45 days. Before the expiration of the 45-day period the Division shall report to the court its recommendations for placement or treatment of the person. If less restrictive alternatives are not available, the person may be admitted to the facility using the procedures for voluntary or involuntary admission, as appropriate.

      4.  A child may be received, cared for and examined at a division facility for the mentally retarded for not more than 10 working days without admission, if the examination is ordered by a court having jurisdiction of the minor in accordance with the provisions of [paragraph (c) of subsection 1 of NRS 62.211 and] subsection 1 of NRS 432B.560 [.] and section 143 of this act. At the end of the 10 days, the Administrator or his designee shall report the result of the examination to the court and shall detain the child until the further order of the court, but not to exceed 7 days after the Administrator’s report.

      5.  The parent or guardian of a person believed to be mentally retarded or believed to have a related condition may apply to the administrative officer of a division facility to have the person evaluated by personnel of the Division who are experienced in the diagnosis of mental retardation and related conditions. The administrative officer may accept the person for evaluation without admission.

      6.  If, after the completion of an examination or evaluation pursuant to subsection 4 or 5, the administrative officer finds that the person meets the criteria set forth in subsection 1, the person may be admitted to the facility using the procedures for voluntary or involuntary admission, as appropriate.

      7.  If, at any time, the parent or guardian of a person admitted to a division facility on a voluntary basis, or the person himself if he has attained the age of 18 years, requests in writing that the person be discharged, the administrative officer shall discharge the person. If the administrative officer finds that discharge from the facility is not in the person’s best interests, he may initiate proceedings for involuntary admission, but the person must be discharged pending those proceedings.

      Sec. 361.  NRS 441A.320 is hereby amended to read as follows:

      441A.320  1.  As soon as practicable after:

      (a) A person is arrested for the commission of a crime; or

      (b) A minor is detained for the commission of an act which, if committed by a person other than a minor would [constitute] have constituted a crime,

which the victim or a witness alleges involved the sexual penetration of the victim’s body, the health authority shall test a specimen obtained from the arrested person or detained minor for exposure to the human immunodeficiency virus and any commonly contracted sexually transmitted disease, regardless of whether he or, if a detained minor, his parent or guardian consents to providing the specimen. The agency that has custody of the arrested person or detained minor shall obtain the specimen and submit it to the health authority for testing.


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to the health authority for testing. The health authority shall perform the test in accordance with generally accepted medical practices.

      2.  The health authority shall disclose the results of all tests performed pursuant to subsection 1 to:

      (a) The victim or to the victim’s parent or guardian if the victim is a minor; and

      (b) The arrested person and, if a minor is detained, to his parent or guardian.

      3.  If the health authority determines, from the results of a test performed pursuant to subsection 1, that a victim of sexual assault may have been exposed to the human immunodeficiency virus or any commonly contracted sexually transmitted disease, it shall, at the request of the victim, provide him with:

      (a) An examination for exposure to the human immunodeficiency virus and any commonly contracted sexually transmitted disease to which the health authority determines he may have been exposed;

      (b) Counseling regarding the human immunodeficiency virus and any commonly contracted sexually transmitted disease to which the health authority determines he may have been exposed; and

      (c) A referral for health care and other assistance,

as appropriate.

      4.  If the court in:

      (a) A criminal proceeding determines that a person has committed a crime; or

      (b) A proceeding conducted pursuant to [chapter 62] title 5 of NRS determines that a minor has committed an act which, if committed by a person other than a minor , would [constitute] have constituted a crime,

involving the sexual penetration of a victim’s body, the court shall, upon application by the health authority, order that minor or other person to pay any expenses incurred in carrying out this section with regard to that minor or other person and that victim.

      5.  The Board shall adopt regulations identifying, for the purposes of this section, sexually transmitted diseases which are commonly contracted.

      6.  As used in this section:

      (a) “Sexual assault” means a violation of NRS 200.366.

      (b) “Sexual penetration” has the meaning ascribed to it in NRS 200.364.

      Sec. 362.  NRS 444.330 is hereby amended to read as follows:

      444.330  1.  The Health Division has supervision over the sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, of the following state institutions:

      (a) Institutions and facilities of the Department of Corrections.

      (b) Northern Nevada Adult Mental Health Services.

      (c) Nevada Youth Training Center , [.

      (d)] Caliente Youth Center [.

      (e)] and any other state facility for the detention of children that is operated pursuant to title 5 of NRS.

      (d) Northern Nevada Children’s Home.

      [(f)] (e) Southern Nevada Children’s Home.

      [(g)] (f) University and Community College System of Nevada.


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ê2003 Statutes of Nevada, Page 1152 (Chapter 206, SB 197)ê

 

      2.  The State Board of Health may adopt regulations pertaining thereto as are necessary to promote properly the sanitation, healthfulness, cleanliness and, as it pertains to the foregoing matters, the safety of those institutions.

      3.  The State Health Officer or his authorized agent shall inspect those institutions at least once each calendar year and whenever he deems an inspection necessary to carry out the provisions of this section.

      4.  The State Health Officer may publish reports of the inspections.

      5.  All persons charged with the duty of maintenance and operation of the institutions named in this section shall operate the institutions in conformity with the regulations adopted by the State Board of Health pursuant to subsection 2.

      6.  The State Health Officer or his authorized agent may, in carrying out the provisions of this section, enter upon any part of the premises of any of the institutions named in this section over which he has jurisdiction, to determine the sanitary conditions of the institutions and to determine whether the provisions of this section and the regulations of the State Board of Health pertaining thereto are being violated.

      Sec. 363.  NRS 483.250 is hereby amended to read as follows:

      483.250  The Department shall not issue any license pursuant to the provisions of NRS 483.010 to 483.630, inclusive:

      1.  To any person who is under the age of 18 years, except that the Department may issue:

      (a) A restricted license to a person between the ages of 14 and 18 years pursuant to the provisions of NRS 483.267 and 483.270.

      (b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.

      (c) A restricted instruction permit to a person under the age of 18 years pursuant to the provisions of subsection 3 of NRS 483.280.

      (d) Except as otherwise provided in paragraph (e), a license to a person between the ages of 15 3/4 and 18 years if:

             (1) He has completed a course:

                   (I) In automobile driver education pursuant to NRS 389.090; or

                   (II) Provided by a school for training drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, if the course complies with the applicable regulations governing the establishment, conduct and scope of automobile driver education adopted by the State Board of Education pursuant to NRS 389.090;

             (2) He has at least 50 hours of experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280;

             (3) His parent or legal guardian signs and submits to the Department a form provide