MINUTES OF THE
	SENATE COMMITTEE ON JUDICIARY

	Sixty-eighth Session
	January 20, 1995


The Senate Committee on Judiciary was called to order by Chairman Mark A. 
James, at 8:40 a.m., on Friday, January 20, 1995, in Room 224 of the Legislative 
Building, Carson City, Nevada.  Exhibit A is the Agenda.  Exhibit B is the 
Attendance Roster.

COMMITTEE MEMBERS PRESENT:

Senator Mark A. James, Chairman
Senator Jon C. Porter, Vice Chairman
Senator Maurice Washington
Senator Mike McGinness

COMMITTEE MEMBERS ABSENT:

Senator Ernest E. Adler
Senator Dina Titus
Senator O. C. Lee (Excused)

STAFF MEMBERS PRESENT:

Allison Combs, Senior Research Analyst
Lori M. Story, Committee Secretary

The secretary called the roll and the work session began.  Senator James discussed 
some housekeeping items including the schedule of the prison tour on Wednesday, 
January 25, 1995.  He noted the tour should be very enlightening and worthwhile.

SENATE BILL (S.B.) 113:				Expands aggravated circumstances 
			under which penalty may be imposed 
			for murder.


Senator James opened the work session on S.B. 113.  He noted that hearing had 
been held on the bill and that no further testimony would be accepted.  Senator 
James reported that a memorandum (Exhibit C) submitted to the chairman by David 
F. Sarnowski, Chief Deputy Attorney General, and Keith G. Munro, Deputy 
Attorney General, Capital Case Coordinator, responded to the two questions raised 
during the previous hearing of the bill.  The research done for the memorandum 
found that several states had aggravators based upon the age of the victim.  Some 
of the states set the age limit at 12 years old, some at 14, and some at 18.  
Senator James observed if the age limit is low enough it is very obvious that the 
victim is young then the factor of intent would not enter into the defense as 
readily.  If the age limit is set at 18, an age not so easily discerned, continued the 
senator, there is more likelihood the statute would require an intent factor.  
Additionally, Senator James noted that the higher the age limit, the greater the 
argument against the victim's increased vulnerability.  Therefore, the higher the age 
limit, the less need for additional protection of the individual. 

Senator James concluded that under the circumstances the committee should 
consider one of two possible amendments to the bill.  First, he suggested, the 
committee could leave the age limit at 18 and include an intent requirement.  The 
second possibility offered by the senator was for the committee to lower the age 
to 14 and leave it as a "strict liability" requirement.  Finally, he stated that he was 
in favor of the latter option.  He felt this type of wording would reduce the amount 
of litigation over intent.  He called for a motion to amend and do pass.

SENATOR McGINNISS MOVED THAT  S.B. 113 BE AMENDED AND 
RECOMMENDED TO DO PASS.

SENATOR WASHINGTON SECONDED THE MOTION.

THE MOTION CARRIED. (SENATORS ADLER, TITUS, AND LEE WERE 
	ABSENT FOR THE VOTE.)

	*****

At this point Senator Washington inquired of the chairman whether section 7 of the 
bill, which defines peace officer, also included officers of parole and probation.  The 
chairman was unsure and referred the question to Mr. David Sarnowski, Chief of 
the Criminal Justice Commission.  

Mr. Sarnowski explained that since the bill listed a number of specific officers and 
had not specifically listed the officers of the Division of Parole and Probation, they 
were "arguably not included." Mr. Sarnowski added that the exclusion might also 
include investigators of the district attorney's offices and the attorney general's 
office.  He suggested that a more exhaustive list may be in order.  Senator James 
offered alternatively that Mr. Sarnowski bring another bill to address his concern.

The work session on S.B. 113 was then closed.

SENATE BILL 41:				Revises provisions relating to disposition of 
confiscated weapons by law enforcement 
agencies.

The chairman opened the work session on S.B. 41, noting there were a couple of 
technical problems with the original bill.  He stated he possessed an amendment 
that addressed the language regarding selling the weapon at market value, and  
questions about the grammar within the amendment.  The chairman called for a 
motion to amend and do pass the bill.

SENATOR PORTER MOVED TO AMEND AND DO PASS S.B. 41.

SENATOR WASHINGTON SECONDED THE MOTION.

THE MOTION CARRIED. (SENATORS ADLER, TITUS, AND LEE WERE 
	ABSENT FOR THE VOTE.)

	*****
Senator James noted there may be a work session or a hearing the following week 
either upon adjournment of the floor session or upon adjournment of the afternoon 
committees.  The chairman then adjourned the meeting.


RESPECTFULLY SUBMITTED:


	
Lori M. Story,
Committee Secretary

APPROVED BY:





Senator Mark A. James, Chairman


DATE: 				

Senate Committee on Judiciary
January 20, 1995
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