MINUTES OF THE JOINT MEETING OF SENATE COMMITTEE ON JUDICIARY AND ASSEMBLY COMMITTEE ON JUDICIARY Sixty-eighth Session January 23, 1995 The joint meeting of the Senate Committee on Judiciary and the Assembly Committee on Judiciary was called to order by Chairman Mark A. James, at 8:40 a.m., on Monday, January 23, 1995, in Room 119 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. SENATE COMMITTEE MEMBERS PRESENT: Senator Mark A. James, Chairman Senator Jon C. Porter, Vice Chairman Senator Maurice Washington Senator Mike McGinness Senator Dina Titus Senator O.C. Lee SENATE COMMITTEE MEMBERS ABSENT: Senator Ernest E. Adler ASSEMBLY COMMITTEE MEMBERS PRESENT Mr. David Humke, Chairman Mr. Brian Sandoval, Vice Chairman Mr. Bernie Anderson, Chairman Ms. Barbara Buckley, Vice Chairman Mr. Thomas Batten Mr. John Carpenter Mr. David Goldwater Mr. Mark Manendo Mrs. Jan Monaghan Ms. Genie Ohrenschall Mr. Richard Perkins Mr. Mike Schneider Mrs. Dianne Steel Ms. Jeannine Stroth STAFF MEMBERS PRESENT: Dennis Neilander, Senior Research Analyst Allison Combs, Senior Research Analyst Marilyn Hofmann, Committee Secretary Joi Davis, Committee Secretary OTHERS PRESENT: Ben Graham, Chief Deputy District Attorney, Clark County, Nevada Testifying by Video Conference from Las Vegas: Barbara Schell, Office of the Clark County District Attorney, Victim-Witness Center, and President, Citizen Committee on Victim Rights (CCVR), Las Vegas, Nevada Charles Collenberger, Citizen Committee on Victim Rights (CCVR) and Families of Murder Victims, Las Vegas, Nevada George Glanville, President, Families of Murder Victims, Las Vegas, Nevada Judy Hillberry, Families of Murder Victims, Las Vegas, Nevada Louise Lizzi, Families of Murder Victims, Las Vegas, Nevada Sandy Heverly, STOP DUI, Las Vegas, Nevada Bill Iverson, Families of Murder Victims, Las Vegas, Nevada Eva M. Collenberger, Families of Murder Victims, Las Vegas, Nevada Senator James provided the joint committees with a brief overview of the week's hearings. He stated one of the major issues of the legislative session would be crime and proposals for reform in various areas. Senator James said the Senate and Assembly committees would be coordinating their efforts in order to handle the various proposals, which proposals would come from legislators in both houses, the two committees, the governor and others concerned with crime and punishment in Nevada. He indicated to the joint committee members, " I am a firm believer that we should not set out to reform something we do not understand in the beginning." The chairman stated many laypersons do not have full comprehension of the way in which the sentencing and parole system operate. Senator James indicated there would be four joint hearings during the week, and a trip to the prison on Wednesday, January 25. He stated, "It is our hope that these two committees can forge an outline of the areas we are going to confront in both houses...we hope to be able to come up with a division of responsibility." Senator James indicated the plan would be to have different parts of the "reform package" originate in one house or the other, with exhaustive hearings in that particular house, "...instead of working at cross purposes...." Mr. Humke, chairman of the Assembly Committee on Judiciary, reiterated the purpose of the joint committees "...would be to map out areas for each of the two committees to concentrate on in the early stages of the legislative session." Mr. Anderson, chairman of the Assembly committee, stated, "There is no greater legislation that could come up this session...than trying to make the streets both safe and affordable to live on." He said hopefully the hearings scheduled this week would raise the level of awareness of all committee members, and both houses will be able to work together, "...rather than wait until the end [of the session] to see it all come together without a great deal of thought." Mr. Carpenter asked if Governor Miller would be submitting a crime package. Senator James stated he had spoken to the Governor and had indicated a willingness on the part of the judiciary committee to initiate any part of a crime package if the Governor wished to submit the same. He added, "I think many of the things set forth by the Governor in the State of the State message...are things which need to be looked at seriously by both houses." Senator James introduced Dennis Neilander, Senior Research Analyst, who is primary staff to the Assembly Committee on Judiciary, and Allison Combs, Senior Research Analyst, primary staff to the Senate Committee on Judiciary. Mr. Neilander and Ms. Combs presented an Issue Brief, a copy of which is attached hereto as Exhibit C. Mr. Neilander explained the roles of senior research analysts to the joint committees, stating, "We provide whatever information you as members need." He added, "We pride ourselves in being able to [provide you with] answers, and being able to do it in a timely fashion." Mr. Neilander said both he and Ms. Combs were attorneys, and all responses provided to the committees were coordinated through the legal division. Mr. Neilander informed the joint judiciary committees that they would hear more bills than any other committee in the Legislature. Mr. Neilander and Ms. Combs outlined the Issue Brief (Exhibit C) for the benefit of members of the joint committees. Senator James complimented Mr. Neilander and Ms. Combs on their preparation and presentation of the Issue Brief. He asked Mr. Neilander to provide to him copies of the articles set forth on page 29 of Exhibit C, and indicated they could then be made available to the committee members. The next to make a presentation to the joint committees was Ben Graham, Chief Deputy District Attorney, Clark County, Nevada. Mr. Graham provided the committee members with a prepared outline, set forth as Exhibit D. Mr. Graham stated he had been a resident of Las Vegas for 18 years, and said with five daughters and three sons, he had "a vested interest in violence, not only in our schools but on our public streets as well." He said he has been an instructor in the University of Nevada System for many years, and indicated the presentation he was about to give would be "criminal law and procedure 101." Mr. Graham stated: If you commit a crime, you are subject to arrest, and subject to a trial, and if convicted, subject to punishment.... There are two things which are required to commit a criminal offense: (1) a physical act...'res.' The other element involved is `mens res'...the evil intent. Fortunately, we are very seldom punished for evil intent. It generally takes an evil intent, coupled with a physical act, resulting in harm or injury...the `proximate cause.' Mr. Graham referred to his outline (Exhibit D), and reviewed the items set forth for the benefit of the committee members. Senator James thanked Mr. Graham for his presentation. Mr. Carpenter asked Mr. Graham to "discuss the circumstances under which the Legislature could require a judge to give a mandatory sentence, i.e., take the discretion away from the courts." Mr. Graham answered he believed the Legislature could, "under certain circumstances," require the meeting of certain criteria, which would lead to mandatory sentencing. Ms. Stroth asked Mr. Graham if he would expand upon the crimes which are classified as "gross misdemeanors" and "felonies." Mr. Graham answered some gross misdemeanors were the pointing of a firearm at a person, malicious destruction of property and conspiracies, other than homicide, robbery and some drug offenses. He said felonies included driving under the influence (DUI) in the third degree, DUI with substantial bodily harm, robberies, burglaries, and larcenies over $250.00. Mr. Batten asked for Mr. Graham's opinion regarding a "magistrate" system to relieve overcrowding in the jails, i.e., a person who sets bail guidelines. Mr. Graham said he did not find that objectionable, and indicated there were modified systems of this type being used at this time. He added, "I don't see why someone should spend time in custody who is simply charged with an offense, if they are no danger to the community, and it appears they will come back...." Mr. Sandoval referred to an earlier statement by Mr. Graham that "95 percent of all crimes are plea-bargained," and asked if that might decrease if "truth in sentencing heightened penalties for separate criminal offenses." Mr. Graham answered if there were more mandatory sentences, and less sentence negotiation, there would be more people going to trial, "...because they wouldn't have anything to lose." Senator James indicated the committee would now hear presentations from members of Families of Murder Victims, all of whom would be testifying via teleconference from Las Vegas. Senator James stated he had attended a meeting of the organization, and had listened to people tell of their experience relating to the crime which had been committed, but also their experiences dealing with the criminal justice system, i.e., the way the crime was handled through the courts. He said he had invited members of the organization to testify concerning their personal experiences. The chairman opened the hearing on Senate Joint Resolution 2 of the Sixty-seventh Session (S.J.R. 2 of the 67th Session). S.J.R. 2 OF THE 67th SESSION: Proposes to amend Nevada constitution to provide expressly for rights of victims of crime. The first to testify was Barbara Schell, Office of the Clark County District Attorney, Victim-Witness Center and President of the Citizen Committee on Victim Rights (CCVR). Ms. Schell said CCVR was a membership organization in Clark County, formed in the early 1980's, to address the needs and concerns of crime victims. She said their member agencies include State of Nevada Victims of Crime Program, State of Nevada Children's Advocate, Clark County District Attorney's Office, Victim-Witness Center, Juvenile Court Victim-Witness Assistance, Las Vegas Metropolitan Police Department, Rape Crisis Center, and a number of other organizations which address the needs and concerns of crime victims. She said the Citizen Committee on Victims' Rights support passage of S.J.R. 2 of the 67th Session. The next to speak to the joint committees was Charles Collenberger, member of Families of Murder Victims, and Citizen Committee on Victim Rights. Mr. Collenberger stated his daughter was raped and strangled in 1981, and he appeared in support of S.J.R. 2 of the 67th Session. Mr. Collenberger spoke from a prepared statement, set forth herein as Exhibit E. Following Mr. Collenberger's statement, Senator Titus stated she was pleased that the legislation she had introduced after meeting Mr. Collenberger over two years ago had evolved as far as it had. She also thanked Mr. Collenberger for all of his work and told him, "You are a great example of how the system really can work and get something accomplished." Senator Titus indicated he had put together a large coalition of persons to work toward passage of the legislation and to provide information to the public. Mr. Collenberger thanked both Senator Titus and Senator James for their support over the past two years. Mr. Goldwater thanked Mr. Collenberger for his testimony, and asked if he could provide a definition of "victim." Mr. Collenberger deferred the question to Mr. Ben Graham, who indicated he would provide a detailed definition to the committee members. The next to testify was George Glanville, President, Families of Murder Victims. Mr. Glanville stated, "Mr. Collenberger never received justice from the system. The murderer of his daughter is walking the streets today, because he was released on a technicality." He said on behalf of the member of Families of Murder Victims he would recommend passage of S.J.R. 2 of the 67th Session. Mr. Glanville reminded the committee members that during the 1994 campaign for election, "every candidate, without exception, stated they were tough on crime and were in favor of victims' rights." He added, "Now is the time...to stand up to those promises." The next person to speak to the joint committees was Judy Hillberry, Families of Murder Victims. She stated she became a member of the association in 1990 when her son was murdered. Ms. Hillberry said her family was not notified when the bail for the person who killed her son was reduced. She also indicated the perpetrator "plea-bargained" and was given a 10-year sentence. Ms. Hillberry added the family was not given sufficient notice of the parole hearing, at which time the defendant was paroled after 48 months. She added, "Somebody needs to review [the parole board] guidelines...48 months is not enough time...." Senator James thanked Ms. Hillberry for her testimony and commended her for her courage in appearing before the joint committees. He also indicated there was legislation pending regarding parole notification. The next to testify was Louise Lizzi, Families of Murder Victims. Ms. Lizzi stated her 25-year-old daughter was murdered in 1992. She said as of this date, there has been no court trial. Ms. Lizzi indicated one of the perpetrators "plea bargained" and had two murder charges dropped. She added the defendant received a 15-year sentence, but was eligible for parole in 1994. Ms. Lizzi stated, "My daughter has been dead almost three years, and she [the perpetrator] has only spent 29 months in jail, and is hoping to be released." She said the other alleged perpetrator had been serving a life sentence when he was released after 7 years, "...and came out and killed two more people." Ms. Lizzi indicated there still has been no trial in the case. She added, "The strain on our family and our lives is unbelievable...we can't make any plans, because the trial may be coming up...." Ms. Lizzi provided the following statement: When my daughter was brutally murdered in a double homicide almost 36 months ago, we placed our trust in the criminal justice system and quickly realized that the system is flawed. It gives the edge to the wrong people...the criminals.... We as citizens have allowed this to happen. We have not given the resources to the police, prosecutors or courts to do their jobs properly. We cannot stand by and watch as crime runs rampant. We must treat criminals and criminals...we must have truth in sentencing...and recognize the need for more prisons. We must remember parole is a privilege and not a right. The fact that repeat offenders continue to be released to prey on the innocent is an outrage. We all have a right to feel safe in our communities and our safety should not be compromised...we must make criminals accountable for their crimes. I hope that the 1995 Legislature will address these problems...." Next to speak to the joint committees was Sandy Heverly, representing STOP DUI. Ms. Heverly referred to Mr. Goldwater's question regarding the definition of a "victim." She said according to Nevada Revised Statutes (NRS) 213.010 - 213.100, the definition is: "(a) A person against whom a crime has been committed; (b) a person who has been injured or killed as a direct result of the commission of a crime, or the surviving spouse, parent or children of such person." Ms. Heverly said because the criminal justice system is unable at this time to adequately protect the public from criminal activity, "...it must assume responsibility to its victims by including them in the judicial process, thus preventing...victimization from a system that is supposed to be fair...." Ms. Heverly stated when criminals are apprehended, "...they have unquestionable rights guaranteed to them by the Constitution...." She said STOP DUI believes victims should have rights just as the accused are granted rights. Ms. Heverly stated their goal was not to reduce the rights of defendants, but to insure equal rights for victims. She said victims, "unless needed as a witness," are generally excluded from the criminal justice process. Ms. Heverly indicated the organization believes amendment of the Nevada Constitution in order to grant victims of crime "a meaningful and voluntary opportunity to participate in the criminal justice system" is necessary. She added a constitutional amendment "will insure permanency," in that it can be altered only by a vote of the people. Ms. Heverly referred to questions which had been raised during hearings on S.J.R. 2 of the 67th Session, regarding the definition of the words "dignity," "sensitivity," and "respect." She then stated, "If you have ever been treated without dignity, respect or sensitivity, you know exactly what it is. If you have ever been treated with dignity, respect or sensitivity, you know exactly what it is." Ms. Heverly said the bottom line was common sense and simple human courtesy. She concluded, "On behalf of STOP DUI and in the name of simple justice, I respectfully urge you to vote yes on S.J.R. 2 [of the 67th Session]." The next witness was Bill Iverson, Families of Murder Victims. Mr. Iverson stated his son was murdered in February, 1993 by three juveniles. He said he was appalled at the gun violence which exists. Mr. Iverson said he believed he was facing "a real rough two or three years" being involved in the justice system. He stated he believed the juveniles would "plea-bargain" and "be walking the streets within 10 years. The last person to testify was Eva M. Collenberger, Families of Murder Victims. She stated she wished to add the entire membership of the organization urged passage of S.J.R. 2 of the 67th Session. She thanked the joint committees for providing an opportunity to the members to speak from Las Vegas. There was no further testimony on the bill, and Senator James closed the hearing on S.J.R. 2 of the 67th Session. The chairman then closed the joint hearing, and asked the members of the Senate Committee on Judiciary to remain for the purpose of acting on introduction of two Bill Draft Requests (BDR's). BDR. 3-1287: Limits civil liability of providers of health care who volunteer their services for certain organizations. SENATOR PORTER MOVED FOR COMMITTEE INTRODUCTION OF BDR. 3- 1287. SENATOR McGINNESS SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR ADLER WAS ABSENT FOR THE VOTE.) * * * * * BDR 3-339 Requires cause of action for dental malpractice to be submitted to screening panel before it may be filed in district court. SENATOR WASHINGTON MOVED FOR COMMITTEE INTRODUCTION OF BDR 3-339. SENATOR McGINNESS SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR ADLER WAS ABSENT FOR THE VOTE.) * * * * * There being no further business to come before the committee, the meeting was adjourned at 10:35 a.m. RESPECTFULLY SUBMITTED: _________________________________ Marilyn Hofmann, Committee Secretary APPROVED BY: Senator Mark A. James, Chairman DATE: _________________________________ Mr. David Humke, Chairman DATE: ___________________________ __________________________________ Mr. Bernie Anderson, Chairman DATE: ____________________________ Joint Senate and Assembly Committees on Judiciary January 23, 1995 Page