MINUTES OF THE ASSEMBLY COMMITTEE ON JUDICIARY Sixty-eighth Session February 16, 1995 The Committee on Judiciary was called to order at 1:45 p.m., on Thursday, February 16, 1995, Chairman Sandoval presiding in Room 4401 of the Grant Sawyer State Office Building, Nevada Legislature, Las Vegas, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Mr. Bernie Anderson, Chairman Ms. Barbara E. Buckley, Vice Chairman Mr. Brian Sandoval, Vice Chairman Mr. John C. Carpenter Mr. David Goldwater Mr. Mark Manendo Mrs. Jan Monaghan Ms. Genie Ohrenschall Mr. Richard Perkins Mrs. Dianne Steel Ms. Jeannine Stroth COMMITTEE MEMBERS EXCUSED: Mr. David E. Humke, Chairman Mr. Thomas Batten Mr. Michael A. (Mike) Schneider GUEST LEGISLATORS PRESENT: Assemblyman Dennis Nolan, District No. 13 STAFF MEMBERS PRESENT: Dennis Neilander, Research Analyst Barbara Moss, Committee Secretary Patty Hicks, Committee Secretary OTHERS PRESENT: Ben Graham, Nevada District Attorney's Association William H. Cavagnaro, Las Vegas Metropolitan Police Department Sherry Rollins Karen Winckler, NACJ Roll was called with Assemblyman Humke and Assemblyman Schneider excused. ASSEMBLY JOINT RESOLUTION 15 - Urges Congress and President of United States to oppose legalization of certain controlled substances. Assemblyman Anderson, chairman of the A.C.R. 71 Study Committee on Recidivism, spoke in favor of A.J.R. 15. He reported the committee studied the unanticipated costs linked to drug abuse such as health care, indigent care cost of co-dependents, and cost to society in lost time at work. He said the intent of the resolution was to show the Assembly and Senate's will to continue the war on drugs by identifying drug users and getting them into proper rehabilitation programs. There being no questions or others wanting to testify on A.J.R. 15, Chairman Sandoval proceeded to A.C.R. 2. ASSEMBLY CONCURRENT RESOLUTION 2 - Urges peace officers to identify and arrest, and courts to impose prompt meaningful and consistent sanctions upon, juveniles who violate laws related to alcohol and drugs. There being no further comments from the committee or audience, the chairman closed the hearing on A.C.R. 2. Due to the similarity of the following bills, Chairman Sandoval stated he would hear them together. ASSEMBLY BILL 108 - Increases penalty for stealing certain firearms and for possessing certain stolen firearms. ASSEMBLY BILL 3 - Increases penalty for possession of stolen firearm. Assemblyman Stroth said it was not her or Mr. Perkin's intention to harass gun owners who have unknowingly purchased stolen weapons. She added they did not intend to take away firearms from the general public through this legislation. Assemblyman Perkins stated from his perspective as a career law enforcement officer he was in support of A.B. 108 and A.B. 3. He related his experiences with persons in possession of stolen firearms. Mr. Perkins said he did not support the amendment in A.B. 108, section 3, subsection 4, line 19, changing "shall" to "may." He continued, saying A.B. 108 is more encompassing than A.B. 3 in that it addresses the possession of a stolen firearm or the theft of a firearm whereas A.B. 3 only discusses the possession. It was Mr. Perkins' feeling that this legislation will help combat juvenile and gang crime. Assemblyman Monaghan recapped her recent experiences on a ten-hour police ride- along. Assemblyman Ohrenschall asked Mr. Perkins whether the innocent owner of a stolen firearm was already protected by the language that started on line 24. Mr. Perkins replied affirmatively. He said the standard does not change with this bill; no prosecution is pursued. In regard to line 24, page 1, section 3, "knowing the goods or property were so obtained," Mr. Ben Graham, Legislative Representative, Nevada District Attorney's Association, was asked by Mr. Anderson whether the usual defense was "I didn't know it was stolen." Mr. Graham responded the state would have to show the individual should have known or knew the item was stolen. He said it was definitely a safeguard for a person who may innocently come into possession of any stolen property. He added the further one gets away from the actual theft, the more likely a person is to be charged with the receiving and concealing part as opposed to the theft part. Mrs. Stroth asked how much the state spent yearly on appraising firearms. Mr. William Cavagnaro, Lieutenant, Las Vegas Metropolitan Police Department, said he did not have the exact figure. He said there were problems finding appraisers. He stated that within the last six months the department impounded approximately 35 to 40 stolen weapons; 75-80% would fall in a category of costing less than $250. Mrs. Stroth asked whether this law would preclude having appraisals on all firearms. Lieutenant Cavagnaro said this was correct; any firearm would be a felony regardless of the cost. Mr. Graham said this bill was aimed at the specific issue of violence perpetrated by firearms, whether it was a $25 popgun or a large expensive model. Mrs. Ohrenschall asked Mr. Graham whether something as small as a BB-gun be defined as a firearm which may affect the juvenile population. Mr. Graham deferred the question to Dennis Neilander, who said it relates to the method of propelling the trajectory and refers to a .177 caliber. It was his understanding it would include the high-powered BB-guns but not the Red Rider model referred to by Mr. Graham. Mrs. Ohrenschall asked about the felony status in regard to teenagers involved with a stolen high-powered BB-gun. Mr. Graham said he presumed if it was above the previously referred to caliber, it would proceed as a felony. He added with 14,000 major felony cases being filed, this one would not be pursued very vigorously. Mr. Perkins recounted instances with children shooting others with BB-guns. He said technically this would be categorized as battery with a firearm or deadly weapon and not be considered a felony. Mrs. Stroth announced Assemblyman Nolan's intention to testify on behalf of A.B. 108. Due to a ground breaking engagement he was unable to attend and his written testimony, (Exhibit C) will be entered into the minutes. Ms. Karen Winckler indicated on the guest list she wanted to testify against the two bills. When her turn came to speak she could not be located. There being no further business to come before the committee, Chairman Sandoval reminded the committee of their Joint Meeting with the Senate the following morning and adjourned the meeting at 2:18 p.m. RESPECTFULLY SUBMITTED: Patty Hicks, Committee Secretary APPROVED BY: Assemblyman Bernie Anderson, Chairman Assemblyman David E. Humke, Chairman Assembly Committee on Judiciary February 16, 1995 Page