MINUTES OF THE
	ASSEMBLY COMMITTEE ON JUDICIARY

	Sixty-eighth Session
	March 23, 1995


The Committee on Judiciary was called to order at 8:06 a.m., on Thursday, 
March 23, 1995, Chairman Humke presiding in Room 332 of the Legislative 
Building, Carson City, Nevada.  Exhibit A is the Agenda.  Exhibit B is the 
Attendance Roster.


COMMITTEE MEMBERS PRESENT:

Mr. Bernie Anderson, Chairman
Mr. David E. Humke, Chairman
Ms. Barbara E. Buckley, Vice Chairman
Mr. Brian Sandoval, Vice Chairman
Mr. Thomas Batten
Mr. John C. Carpenter
Mr. David Goldwater
Mr. Mark Manendo
Mrs. Jan Monaghan
Ms. Genie Ohrenschall
Mr. Richard Perkins
Ms. Dianne Steel
Ms. Jeannine Stroth

COMMITTEE MEMBERS EXCUSED:

Mr. Michael A. (Mike) Schneider

GUEST LEGISLATORS PRESENT:

None

STAFF MEMBERS PRESENT:

Dennis Neilander, Research Analyst
Patty Hicks, Committee Secretary



OTHERS PRESENT:

Honorable Robey Willis, Nevada Judges Association
Mr. R. N. "Bearclaws" Stutsman, First Judicial District Court Bailiff
Ms. Paula Treat, Lobbyist, Nevada Judges Association
Mr. Ben Graham, Nevada District Attorneys Association	

Chairman Humke declared there was a quorum present.

SENATE BILL NO. 39	-	Enhances penalty for commission of assault or 
					battery against member of judiciary.

Honorable Robey Willis, Nevada Judges Association, was accompanied by chief 
bailiff of First Judicial District Court, Mr. R. N. "Bearclaws" Stutsman.  Mr. 
Stutsman  presented statistics on different weapons taken away from people who 
come to court attached as (Exhibit C).   In the rural areas, approximately forty 
percent of the courts do not have bailiffs.  Due to the increase of violence 
throughout the country, this bill was introduced to provide protection for members 
of judiciary, who are excluded from current statutes.  

ASSEMBLYMAN MONAGHAN MOVED TO DO PASS 
S.B. 39.

ASSEMBLYMAN ANDERSON SECONDED THE MOTION.

THE MOTION CARRIED.

Ms. Ohrenschall was asked to handle S. B. 39 on the floor.


SENATE BILL NO. 111	-	Revises provisions governing notice of hearing 
					for attorney's fees requested for administration 
					of estate of decedent.

SENATE BILL NO. 112	-	Authorizes enforcement of liability of surety for 
					executor or administrator of estate of deceased 
					person without independent action.



Mr. Ben Graham, Nevada District Attorneys Association, testified in support of 
S.B. 111 and S.B. 112.  Both bills deal with probate matters and simplify the 
process for the heirs and the system.  Historically, there was a suggested 
uniform attorney fee scale based upon the size of the estate.  Over the years it 
was not a just determination for the fee.  Under new codes, attorneys are 
required to keep track of their hours, work, file petitions for payment of 
attorneys' fees, and settle upon a final fee for administering the estate.  
S.B. 111 makes uniform the submission of petition which would set forth the 
justification and nature of work for the fee.  It is more of a full disclosure.  
Mr. Graham presented a letter of March 22, 1995, from Mr. Don Ashworth, 
Probate Commissioner of Clark County, attached as (Exhibit D).  

Mr. Ben Graham advised S.B. 112 allows the probate proceedings to be handled 
in one court.  An action will not have to be repeated in a second court.  It 
actually streamlines the procedure, making it better for not only litigants but for 
the state as well.  

On both of the bills Mr. Neilander read for the record the Senate floor 
statements, attached as  (Exhibit E) and (Exhibit F).  Essentially, an extra notice 
step will be eliminated in S.B. 111.  S.B. 112 allows surety to be enforced in 
probate court rather than having to file a separate action in district court.

Presiding Chairman Sandoval announced S.B. 111 and S.B. 112 are scheduled 
for March 24, 1995, work session.

Mr. Anderson reminded committee members there are ten amendments on the 
floor today.  The Co-Chairmen appointed the Vice Chairmen to make the floor 
statements.  

ASSEMBLY BILL NO. 95	-	Requires finding that juvenile was driving under 
					influence of intoxicating liquor or controlled 	
				substance to be included in his driver's record 	
				for certain period.


Mr. Dennis Neilander, research staff, was asked to report the committee 
recommendations.   The subcommittee recommended adoption of the following 
language subject to modification: "to provide that those convictions are not 
convictions for purposes of employment, civil rights, statute or regulation, 
license or questionnaire, or for any other public or private purposes.  They are 
convictions for the purpose of additional penalties imposed for second or 
subsequent offenses or for the setting of bail."  There also would be a 
protection in that a person may not be held liable or guilty of perjury or for 
making a false statement by reason of failure to recite or acknowledge the 
arrest, indictment information or trial.  This relates back to the employment and 
civil rights issues.  The record would be treated as a conviction for purposes of 
subsequent penalties or subsequent offenses.  For second offenses, penalties 
would be enhanced.  Under this version of the bill,  information would be 
reportable to the insurance company.

Ms. Buckley advised Mrs. Judy Jacoboni of MADD was in attendance at the 
subcommittee hearing and supported the proposed amendments.   If a juvenile 
never committed another crime, it would be sealed for purposes of employment. 
 If a juvenile committed a second DUI offense, it would stay on his record for 
seven years.  

There being no further business, the meeting adjourned at 8:41 a.m.

RESPECTFULLY SUBMITTED:



	
Patty Hicks,
Committee Secretary

APPROVED BY:




Assemblyman David E. Humke, Chairman




Assemblyman Bernie Anderson, Chairman


Assembly Committee on Judiciary
March 23, 1995
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