Senate Bill No. 33-Senators Adler, James, McGinness, Porter, Titus, Townsend and Wiener
January 27, 1997
____________
Referred to Committee on Judiciary
SUMMARY--Provides that minor who purchases, possesses or uses tobacco products, or falsely represents his age to purchase tobacco products, is in need of supervision and care or rehabilitation. (BDR 5-388)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to tobacco; providing that a minor who purchases, possesses or uses tobacco products, or falsely represents his age to purchase tobacco products, is in need of supervision and care or rehabilitation; requiring the court to order such a minor to pay a fine and attend a class designed to discourage the use of tobacco products for the first or second occurrence; requiring the court to order the suspension of such
a minor's driver's license for 1 year for a third or subsequent occurrence; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
~^
Section 1 Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a child under the age of 18 years who:
(a) Purchases, possesses or uses cigarettes, cigarette paper, tobacco of any description or products made from tobacco; or
(b) Falsely represents that he is 18 years of age or older for the purpose of purchasing or obtaining cigarettes, cigarette paper, tobacco of any description or products made from tobacco,
is a child in need of supervision and care or rehabilitation as provided in paragraph (a) of subsection 1 of NRS 62.040.
2. A child under the age of 18 years who:
(a) Purchases or possesses cigarettes, cigarette paper, tobacco of any description or products made from tobacco while assisting in an inspection performed pursuant to NRS 202.2496; or
(b) Handles or transports cigarettes, cigarette paper, tobacco of any description or products made from tobacco in the course of his lawful employment,
is not a child in need of supervision and care or rehabilitation pursuant to subsection 1.
3. If a child is found to be in need of supervision and care or rehabilitation pursuant to subsection 1, in addition to any action ordered pursuant to the provisions of this chapter, the court shall:
(a) The first time the child is found to be in need of supervision and care or rehabilitation pursuant to subsection 1:
(1) Impose a fine of $50 on the child pursuant to paragraph (l) of subsection 1 of NRS 62.211 and an administrative assessment pursuant to NRS 62.223; and
(2) Require the child to complete a class designed to discourage the use of tobacco products, if such a class is available in the county in which the child resides. The child or his parent or guardian shall pay the costs of participation in the class. If the child and his parent or guardian are unable to pay the costs of participation in the class because of financial hardship, the court shall require the child to perform community service. The community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require the parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of a policy for insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child performs the work, unless, in the case of industrial insurance, it is provided by the authority for which the child performs the work.
(b) The second time the child is found to be in need of supervision and care or rehabilitation pursuant to subsection 1:
(1) Impose a fine of $100 on the child pursuant to paragraph (l) of subsection 1 of NRS 62.211 and an administrative assessment pursuant to NRS 62.223; and
(2) Require the child to complete a class designed to discourage the use of tobacco products, if such a class is available in the county in which the child resides. The child or his parent or guardian shall pay the costs of participation in the class. If the child and his parent or guardian are unable to pay the costs of participation in the class because of financial hardship, the court shall require the child to perform community service. The community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require the parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of a policy for insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child performs the work, unless, in the case of industrial insurance, it is provided by the authority for which the child performs the work.
(c) The third or any subsequent time the child is found to be in need of supervision and care or rehabilitation pursuant to subsection 1, order the suspension of the child's driver's license for 1 year. If the child does not possess a driver's license, the court shall prohibit the child from applying for a driver's license for 1 year:
(1) Immediately following the date of the order, if the child is eligible to apply for a driver's license.
(2) After the date he becomes eligible to apply for a driver's license, if the child is not eligible to apply for a license on the date of the order.
If the child is already the subject of a court order suspending or delaying the issuance of his driver's license, the court shall order the additional suspension or delay, as appropriate, to apply consecutively with the previous order. At the time the court issues an order suspending the driver's license of a child pursuant to this paragraph, the court shall require the child to surrender to the court all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. At the time the court issues an order pursuant to this paragraph delaying the ability of a child to apply for a driver's license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements that are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph.
Sec. 2. NRS 62.040 is hereby amended to read as follows:
62.0401. Except if the child involved is subject to the exclusive jurisdiction of an Indian tribe, and except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:
(a) Concerning any child living or found within the county who is in need of supervision because he:
(1) Is a child who is subject to compulsory school attendance and is a habitual truant from school;
(2) Purchases, possesses or uses cigarettes, cigarette paper, tobacco of any description or products made from tobacco, or falsely represents that he is 18 years of age or older for the purpose of purchasing or obtaining cigarettes, cigarette paper, tobacco of any description or products made from tobacco, as provided in subsection 1 of section 1 of this act;
(3) Habitually disobeys the reasonable and lawful demands of his parents, guardian [,] or other custodian, and is unmanageable; or
[(3)] (4) Deserts, abandons or runs away from his home or usual place of abode,
and is in need of care or rehabilitation. The child must not be considered a delinquent.
(b) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he violates a county or municipal ordinance or any rule or regulation having the force of law, or he commits an act designated a crime under the law of the State of Nevada except:
(1) Murder or attempted murder or any related crime arising out of the same facts as the murder or attempted murder.
(2) If the child has been previously adjudicated delinquent for committing an offense which would have been a felony if committed in this state by an adult and the child was 16 years of age or older at the time of the alleged offense:
(I) A sexual assault involving the use or threatened use of force or violence against the victim; or
(II) Any offense involving the use or threatened use of a deadly weapon or an attempt to commit such an offense.
(c) Concerning any child in need of commitment to an institution for the mentally retarded.
2. If a child is charged with a minor traffic offense, the court may transfer the case and record to a justice's or municipal court if the judge determines that it is in the best interest of the child. If a case is so transferred:
(a) The restrictions set forth in subsection 4 of NRS 62.170 are applicable in those proceedings; and
(b) The child must be accompanied at all proceedings by a parent or legal guardian.
With the consent of the judge of the juvenile division, the case may be transferred back to the juvenile court.
Sec. 3. NRS 62.132 is hereby amended to read as follows:
62.132 [In]
1. Except as otherwise provided in subsection 2, in addition to the information required pursuant to NRS 62.130, a petition alleging that a child is in need of supervision must contain a list of the local programs to which the child was referred, and other efforts taken in the community, to modify the child's behavior. [No] Except as otherwise provided in subsection 2, a court may not decree that a child is in need of supervision unless it expressly finds that reasonable efforts were taken in the community to assist the child in ceasing the behavior for which he is alleged to be in need of supervision.
2. The provisions of subsection 1 are not applicable to a child alleged to be in need of supervision pursuant to section 1 of this act.
Sec. 4. NRS 62.211 is hereby amended to read as follows:
62.2111. Except as otherwise provided in NRS 62.212 [,] and section 1 of this act, if the court finds that a child is within the purview of this chapter it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution.
(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.
(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney's fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.
(h) Order the suspension of the child's driver's license for not more than 2 years. If the child does not possess a driver's license, the court may prohibit the child from applying for a driver's license for not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to apply for a driver's license.
(2) After the date he becomes eligible to apply for a driver's license, if the child is not eligible to apply for a license on the date of the order.
If the court issues an order suspending the driver's license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to apply for a driver's license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
(i) Place the child, when he is not in school, under the supervision of:
(1) A public organization to work on public projects;
(2) A public agency to work on projects to eradicate graffiti; or
(3) A private nonprofit organization to perform other public service.
The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.
(j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(k) Require the child to provide restitution to the victim of the crime which the child has committed.
(l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
2. If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.
3. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.
4. At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
5. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child's educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
6. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.
Sec. 5. NRS 62.212 is hereby amended to read as follows:
62.2121. [If] Except as otherwise provided in subsection 3, if the court finds that a child is within the purview of paragraph (a) of subsection 1 of NRS 62.040 and has not previously been the subject of a complaint under NRS 62.128 before committing the acts for which the petition was filed, the court shall:
(a) Admonish the child to obey the law and to refrain from repeating the acts for which the petition was filed, and maintain a record of the admonition; and
(b) Refer the child, without adjudication, to services available in the community for counseling, behavioral modification and social adjustment.
[A] Except as otherwise provided in subsection 3, a child must not be adjudicated to be a child in need of supervision unless a subsequent petition based upon additional facts is filed with the court after admonition and referral pursuant to this subsection.
2. A child who is:
(a) Less than 12 years of age must not be committed to or otherwise placed in the Nevada youth training center or the Caliente youth center.
(b) Not adjudicated to be delinquent must not be committed to or otherwise placed in the Nevada youth training center, the Caliente youth center or any other facility that provides correctional care.
3. The provisions of subsection 1 are not applicable to a child alleged to be in need of supervision pursuant to section 1 of this act.
Sec. 6. NRS 62.385 is hereby amended to read as follows:
62.3851. When a child applies for a driver's license, the department of motor vehicles and public safety shall notify the child of the provisions of section 1 of this act, paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226, 62.227 and 62.228.
2. After providing the notice pursuant to subsection 1, the department shall require the child to sign an affidavit acknowledging that he is aware that his driver's license may be suspended pursuant to section 1 of this act, paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226, 62.227 or 62.228.
Sec. 7. NRS 483.250 is hereby amended to read as follows:
483.250The department shall not issue any license under the provisions of NRS 483.010 to 483.630, inclusive:
1. To any person who is under the age of 16 years, except that the department may issue:
(a) A restricted license to a person between the ages of 14 and 16 years pursuant to the provisions of NRS 483.267 and 483.270.
(b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.
(c) A restricted instruction permit to a person under the age of 16 years pursuant to the provisions of subsection 3 of NRS 483.280.
2. To any person whose license has been revoked until the expiration of the period during which he is not eligible for a license.
3. To any person whose license has been suspended, but, upon good cause shown to the administrator, the department may issue a restricted license to him or shorten any period of suspension.
4. To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to legal capacity.
5. To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless he has successfully passed the examination.
6. To any person when the administrator has good cause to believe that by reason of physical or mental disability that person would not be able to drive a motor vehicle with safety upon the highways.
7. To any person who is not a resident of this state.
8. To any child who is the subject of a court order issued pursuant to section 1 of this act, paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228 which delays his privilege to drive.
9. To any person who is the subject of a court order issued pursuant to NRS 206.330 which suspends or delays his privilege to drive until the expiration of the period of suspension or delay.
Sec. 8. NRS 483.460 is hereby amended to read as follows:
483.4601. Except as otherwise provided by statute, the department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:
(a) For a period of 3 years if the offense is:
(1) A violation of NRS 484.3795 or subsection 2 of NRS 484.377 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.
(2) A third or subsequent violation within 7 years of NRS 484.379.
(b) For a period of 1 year if the offense is:
(1) Any other manslaughter resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
(2) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or bodily injury of another.
(3) Perjury or the making of a false affidavit or statement under oath to the department under NRS 483.010 to 483.630, inclusive, or under any other law relating to the ownership or driving of motor vehicles.
(4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
(5) A second violation within 7 years of NRS 484.379 and the driver is not eligible for a restricted license during any of that period.
(6) A violation of NRS 484.348.
(c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484.379.
2. The department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege.
3. When the department is notified by a court that a person who has been convicted of violating NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.3794 the department shall reduce by half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.
4. The department shall revoke the license, permit or privilege of a driver who is required to install a device pursuant to NRS 484.3943 but operates a motor vehicle without such a device:
(a) For 1 year if it is his first such offense during the period of required use of the device.
(b) For 5 years if it is his second such offense during the period of required use of the device.
5. When the department is notified that a court has:
(a) Pursuant to section 1 of this act, paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228, ordered the suspension or delay in issuance of a child's license;
(b) Pursuant to NRS 206.330, ordered the suspension or delay in issuance of a person's license; or
(c) Pursuant to NRS 62.227, ordered the revocation of a child's license,
the department shall take such actions as are necessary to carry out the court's order.
Sec. 9. NRS 483.490 is hereby amended to read as follows:
483.490 1. Except as otherwise provided in subsections 2 and 3, after a driver's license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484.379 and half the period during which the driver is not eligible for a license has expired, the department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted driver's license to an applicant permitting the applicant to drive a motor vehicle:
(a) To and from work or in the course of his work, or both; or
(b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself or a member of his immediate family.
Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if he is issued a restricted license.
2. After a driver's license has been revoked pursuant to subsection 1 of NRS 62.227 or suspended pursuant to section 1 of this act, paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228, the department may issue a restricted driver's license to an applicant permitting the applicant to drive a motor vehicle:
(a) If applicable, to and from work or in the course of his work, or both; and
(b) If applicable, to and from school.
3. After a driver's license has been suspended pursuant to NRS 483.443, the department may issue a restricted driver's license to an applicant permitting the applicant to drive a motor vehicle:
(a) If applicable, to and from work or in the course of his work, or both;
(b) To receive regularly scheduled medical care for himself or a member of his immediate family; and
(c) If applicable, as necessary to exercise a court-ordered right to visit a child.
4. A driver who violates a condition of a restricted license issued pursuant to subsection 1 or by another jurisdiction is guilty of a misdemeanor, and if his license was suspended or revoked for a violation of NRS 484.379, 484.3795, 484.384 or a homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct, he shall be punished in the manner provided by subsection 2 of NRS 483.560.
5. The periods of suspensions and revocations required pursuant to this chapter and NRS 484.384 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.
6. Whenever the department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.
Sec. 10. NRS 483.495 is hereby amended to read as follows:
483.495The department shall by regulation:
1. Except as otherwise provided in section 1 of this act, paragraph (h) of subsection 1 of NRS 62.211, subsection 4 of NRS 62.226, NRS 62.227 and subsection 5 of NRS 62.228, set forth any tests and other requirements which are a condition for the reinstatement of a license after any suspension, revocation, cancellation or voluntary surrender of the license. The tests and requirements:
(a) Must provide for a fair evaluation of a person's ability to operate a motor vehicle; and
(b) May allow for the waiver of certain tests or requirements as the department deems necessary.
2. Set forth the circumstances under which the administrator may, for good cause shown, rescind the revocation, suspension or cancellation of a license, or shorten the period for the suspension of a license.
Sec. 11. NRS 483.580 is hereby amended to read as follows:
483.580A person shall not cause or knowingly permit his child or ward under the age of 18 years to drive a motor vehicle upon any highway when the minor is not authorized under the provisions of NRS 483.010 to 483.630, inclusive, or is in violation of any of the provisions of NRS 483.010 to 483.630, inclusive, or if his license is revoked or suspended pursuant to section 1 of this act, paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226, 62.227 or 62.228.
Sec. 12. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 13. The amendatory provisions of this act do not apply to:
1. The purchase, possession or use of cigarettes, cigarette paper, tobacco of any description or products made from tobacco by a child who is under 18 years of age; or
2. A false representation made by a child who is under 18 years of age for the purpose of purchasing or obtaining cigarettes, cigarette paper, tobacco of any description or products made from tobacco,
that occurs before October 1, 1997.