MINUTES OF THE ASSEMBLY COMMITTEE ON JUDICIARY Sixty-eighth Session June 7, 1995 The Committee on Judiciary was called to order at 8:00 a.m., on Wednesday, June 7, 1995, Chairman Anderson 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 Mr. Michael A. (Mike) Schneider Ms. Dianne Steel Ms. Jeannine Stroth GUEST LEGISLATORS PRESENT: Assemblyman Jack Close STAFF MEMBERS PRESENT: Dennis Neilander, Research Analyst Christine Shaw, Committee Secretary OTHERS PRESENT: Valerie Cooney, Nevada Trial Lawyers Association Lt. Stan Olsen, Metropolitan Police Dept., Las Vegas Ben Graham, Nevada District Attorneys Association Madelyn Shipman, Assistant District Attorney Bob Barengo, Securities Industries Association Dale Erquiaga, Secretary of State's Office WORK SESSION The meeting began as a quorum. ASSEMBLY BILL 378 - Makes various changes to provisions relating to domestic violence. Mr. Neilander explained A.B. 378 was in a subcommittee chaired by Ms. Stroth. He walked the committee through the subcommittee's suggested amendments (Exhibit C). He indicated throughout the bill the phrase "dating relationship" was taken from the bill with regard to arrests, but left it in with regards to the issuance of temporary protective orders. He noted the subcommittee rejected using the phrase "or has been related by blood" and "fetus" with regard to the applicability of the provisions. Valerie Cooney, subcommittee participant, explained there was language that needed to be improved on. This had to do with various additional crimes in the list of what constituted domestic violence as seen on Page 3 of Exhibit C. It was her suggestion to take the "acts" or "actions" and incorporate them as a consideration to be made under the description of harassment. Mr. Humke questioned the rationale of the four hour change to forty eight hours as suggested by law enforcement, stating a victim does have a responsibility to address a claim quickly. An additional concern targeted the 911 tape: He agreed 911 tape information is helpful and should be included; however, "we wouldn't want to cause 911 operators and custodian staff in charge of gaming records to sit endlessly in court." Responding to Mr. Carpenter's inquiry as to whether 911 tapes would assist in prosecution, Ms. Cooney said it would at least obtain an extension of the TP0 so that it would go beyond the 30 days. It would also help provide protection to the victim from future violence and would be of great assistance to the court. Mr. Anderson asked Ms. Stroth, Subcommittee Chairman, for comments relative to Ms. Cooney's recommendations. She indicated the biggest problem facing the subcommittee was the dating relationship not being included in the domestic violence definition. Mr. Humke stressed he did not approve on a personal basis the issuance of even a temporary order for protection against domestic violence without a face to face meeting of the victim before a magistrate. Mr. Anderson questioned Lt. Stan Olsen of the Metropolitan Police Department, Las Vegas, as to whether there would be a fiscal impact as far as holding on to 911 tapes. Lt. Olsen indicated the cost for researching a tape is $100 per hour. There is a limited number of reel tapes, which the recording is put on, and if there are a significant number of requests for 911 tapes, an additional person would have to be hired to do that work. Regarding usage of the 911 tapes, Mr. Perkins noted he liked the admissibility of the tapes if they were available in that they would provide the best evidence in a particular case, either for TPO or for court. Mr. Neilander said the bill drafter can be directed to make sure it is not mandatory and would simply set up a procedure for the custodian of the tape to submit an affidavit and a copy of the tape...and authenticate it that way, based on NRS 52.405. Discussion was called for. Mr. Humke recommended 24 hours rather than 48 hours in Section 1 (b) (2). Mr. Perkins concurred. Committee discussion ensued. Mr. Anderson stated he would accept a motion on the subcommittee report. ASSEMBLYMAN STROTH MOVED TO AMEND AND DO PASS A.B. 378 TO INCLUDE THE COONEY RECOMMENDATION AND CHANGE THE TIME FRAME IN SECTION 1, LINE 13 FROM 4 HOURS TO 24 HOURS. ASSEMBLYMAN MANENDO SECONDED THE MOTION. THE MOTION CARRIED. ASSEMBLY BILL 385 - Makes various changes relating to crimes and criminal gangs. Mr. Neilander stated Page 2 of the Work Session Document gives an outline of everything that is in Assembly Bill 385. He explained after the amendments are suggested, Sections 1, 5, 6, 8 and 9 will remain in the bill. He subsequently walked the committee through same. During discussion, Mr. Goldwater stated when the words "gang member" or "criminal gang" are thrown up in a criminal proceeding, the whole scale of justice is thrown out. Assemblyman Jack Close, sponsor of A.B. 385, said he appreciated Mr. Goldwater's concern; however, even if that component was stricken from the bill, that particular language still exists. Mr. Humke noted A.B. 385 is directed toward prevention and giving schools additional tools to provide for appropriate learning that should be taking place...and not subculture learning as pertaining to gangs. He added, "This gives school districts an arrow in their quiver and I think it is preventative and necessary." ASSEMBLYMAN HUMKE MOVED TO AMEND AND DO PASS A.B. 385. ASSEMBLYMAN MANENDO SECONDED THE MOTION. THE MOTION CARRIED WITH ASSEMBLYMAN GOLDWATER VOTING NO. ********** ASSEMBLY BILL 509 - Provides for forfeiture of vehicle upon conviction for driving under influence of alcohol under certain circumstances. Mr. Neilander distributed copies of an amendment to NRS Chapter 179 (Exhibit D) having to do with the intent of the legislature with regard to forfeiture. It has been suggested that A.B. 509 be amended to either include this language in the bill, or as a substitute for the bill. He indicated an additional amendment was suggested to make the forfeiture provisions only applicable to third or fourth time DUI offenders. Mr. Ben Graham introduced Madelyn Shipman, Assistant District Attorney. He proceeded to give an explanation of the amendment and noted the primary intent was to reaffirm that forfeitures are not actually punitive, but are remedial. Ms. Shipman stated the amendment was self explanatory. She further indicated the Nevada Supreme Court has determined on at least two occasions that our provisions of statute were intended to be remedial in nature. Proceeds from forfeiture in Nevada go to law enforcement activity. ASSEMBLYMAN SCHNEIDER MOVED TO INDEFINITELY POSTPONE A.B. 509. ASSEMBLYMAN GOLDWATER SECONDED THE MOTION. Committee discussion ensued. Assemblymen Schneider and Goldwater withdrew their motions. ASSEMBLYMAN CARPENTER MOVED AMEND AND REREFER A.B. 509. The motion failed for lack of a second. Chairman Anderson asked Mr. Neilander to hold on to the amendment for the purpose of looking at another bill dealing with forfeiture law. ********** ASSEMBLY JOINT RESOLUTION 33 - Proposes to amend Nevada constitution to revise provisions governing commission on judicial discipline. Mr. Neilander distributed the subcommittee's proposed conceptual amendments to A.J.R. 33 (Exhibit E) and walked the committee through them. He noted it was basically a distribution of powers in the existing constitutional provision. Additionally he stated the amendment may want to include the following provision in Section 8: "The Supreme Court shall adopt rules governing appeals." ASSEMBLYMAN CARPENTER MOVED TO AMEND AND DO PASS A.J.R. 33 INCLUDING THE LANGUAGE FROM MR. GANG. ASSEMBLYMAN BATTEN SECONDED THE MOTION. As a point of clarification, Mr. Neilander indicated the amending provisions in the constitution are being amended rather than rewriting it. THE MOTION CARRIED. ********** SENATE BILL 154 - Makes various changes to provisions governing securities. Mr. Neilander referred the committee to a compromise amendment worked out between the Secretary of State's office and investment advisors...(Exhibit F). He then deferred to Bob Barengo and Dale Erquiaga for an explanation of the amendment. Bob Barengo, representing Securities Industries Association, walked the committee through the amendment. ASSEMBLYMAN HUMKE MOVED TO AMEND AND DO PASS S.B. 154. ASSEMBLYMAN GOLDWATER SECONDED THE MOTION. THE MOTION CARRIED. Mr. Goldwater was assigned to handle S.B. l54 on the floor. ********** ASSEMBLY BILL 600 - Authorizes private enforcement of laws relating to parking for handicapped persons. Referencing (Exhibit G), Mr. Neilander noted the amendment from Lt. Phil Galeoto concerned language relative to uniforms; also, a suggestion had been made in addressing liability concerns, the language from S.B. 120 regarding volunteer crossing guards, an immunity be also included in A.B. 600 to address volunteers who may issue citations for parking in handicapped spaces. Mr. Manendo, sponsor of A.B. 600, asked for committee input: Mrs. Steel expressed her opposition to the increasing of fines; Mr. Humke said if the provisions that would enhance the enforcement were instituted, the original dollar amounts would have a chance to succeed; Mrs. Monaghan agreed the problem is not the fine, but the enforcement; Mr. Batten wanted to raise the fine to $300; Mr. Perkins said $300 is stiffer than a DUI. He said the fine could be $1,000 and would not be a deterrent unless the law was enforced; Mr. Schneider commented with our local zoning, too many handicapped spaces are mandated. ASSEMBLYMAN MANENDO MOVED TO AMEND AND DO PASS A.B. 600. ASSEMBLYMAN BATTEN SECONDED THE MOTION. THE MOTION CARRIED WITH ASSEMBLYMAN SCHNEIDER VOTING NO. ********** ASSEMBLY JOINT RESOLUTION 34 - Urges Congress to pass Violent Criminal Incarceration Act of 1995. Ms. Buckley pointed out the Attorney General is working on certain areas of A.J.R. 34 which need to be affected. On line 25, Ms. Buckley suggested language be inserted indicating "the Nevada Legislature urges the Congress of the United States to enact the reforms mentioned in the bill." ASSEMBLYMAN BUCKLEY MOVED AMEND AND DO PASS A.J.R. 34. ASSEMBLYMAN BATTEN SECONDED THE MOTION. THE MOTION CARRIED. BDR 12-1860 - Allows issue of deceased brother or sister of decedent to succeed to estate of decedent under certain circumstances. ASSEMBLYMAN HUMKE MOVED FOR COMMITTEE INTRODUCTION OF THE BILL DRAFT. ASSEMBLYMAN BATTEN SECONDED THE MOTION. THE MOTION CARRIED. The meeting adjourned at 10:55 a.m. ___________________________ Christine Shaw, Committee Secretary APPROVED BY: _________________________________ Assemblyman Humke, Chairman _________________________________ Assemblyman Anderson, Chairman Assembly Committee on Judiciary June 7, 1995 Page