Senate Bill No. 300–Committee on Judiciary

 

CHAPTER..........

 

AN ACT relating to crimes; limiting the fee that may be charged by a provider of Internet service for providing information pursuant to certain subpoenas; revising the provision relating to using technology to lure children; providing that the crime of using technology to lure a child constitutes immoral conduct for the purposes of certain provisions related to educational personnel; providing that certain licensed educational employees forfeit their rights of employment if convicted of such a crime; 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. NRS 193.340 is hereby amended to read as follows:

    193.340  1.  A provider of Internet service who violates the

provisions of 18 U.S.C. § 2703[, as that section existed on June 13,

2001,] is guilty of a misdemeanor and shall be punished by a fine of

not less than $50 or more than $500 for each violation.

    2.  In investigating criminal activity that involves or may

involve the use of a computer, the Attorney General, a district

attorney, the sheriff of any county in this state, the head of any

organized police department of any municipality in this state, the

head of any department of this state engaged in the enforcement of

any criminal law of this state and any sheriff or chief of police of a

municipality may, if there is reasonable cause to believe that an

individual subscriber or customer of a provider of Internet service

has committed an offense through the use of the services of the

provider of Internet service , [that is punishable as a felony,] issue a

subpoena to carry out the procedure set forth in 18 U.S.C. § 2703 [,

as that section existed on June 13, 2001,] to compel the provider of

Internet service to provide information concerning the individual

subscriber or customer that the provider of Internet service is

required to disclose pursuant to 18 U.S.C. § 2703 . [, as that section

existed on June 13, 2001.]

    3.  If a person who has been issued a subpoena pursuant to

subsection 2 charges a fee for providing the information, the fee

must not exceed the actual cost for providing the information.

    4.  If a person who has been issued a subpoena pursuant to

subsection 2 refuses to produce any information that the subpoena

requires, the person who issued the subpoena may apply to the

district court for the judicial district in which the investigation is

being carried out for the enforcement of the subpoena in the manner

provided by law for the enforcement of a subpoena in a civil action.

    [4.] 5. As used in this section, “provider of Internet service”

has the meaning ascribed to it in NRS 205.4758, but does not

include a public library when it is engaged in providing access to the

Internet.

    Sec. 2.  NRS 201.265 is hereby amended to read as follows:

    201.265  Except as otherwise provided in NRS 200.720 and

201.2655, and unless a greater penalty is provided pursuant to

NRS 201.560, a person is guilty of a misdemeanor if the person

knowingly:

    1.  Distributes or causes to be distributed to a minor material

that is harmful to minors, unless the person is the parent, guardian or

spouse of the minor.

    2.  Exhibits for distribution to an adult in such a manner or

location as to allow a minor to view or to have access to examine

material that is harmful to minors, unless the person is the parent,

guardian or spouse of the minor.

    3.  Sells to a minor an admission ticket or pass for or otherwise

admits a minor for monetary consideration to any presentation of

material that is harmful to minors, unless the minor is accompanied

by his parent, guardian or spouse.

    4.  Misrepresents that he is the parent, guardian or spouse of a

minor for the purpose of:

    (a) Distributing to the minor material that is harmful to minors;

or

    (b) Obtaining admission of the minor to any presentation of

material that is harmful to minors.

    5.  Misrepresentshis age as 18 or over for the purpose of

obtaining:

    (a) Material that is harmful to minors; or

    (b) Admission to any presentation of material that is harmful to

minors.

    6.  Sells or rents motion pictures which contain material that is

harmful to minors on the premises of a business establishment open

to minors, unless the person creates an area within the establishment

for the placement of the motion pictures and any material that

advertises the sale or rental of the motion pictures which:

    (a) Prevents minors from observing the motion pictures or any

material that advertises the sale or rental of the motion pictures; and

    (b) Is labeled, in a prominent and conspicuous location, “Adults

Only.”

    Sec. 3.  NRS 201.560 is hereby amended to read as follows:

    201.560  1.  Except as otherwise provided in subsection 2, a

person shall not use a computer, system or network to knowingly

contact or communicate with or attempt to contact or communicate

with a child who is less than 16 years of age and who is at least 5

years younger than the person with the intent to persuade, lure or

transport the child away from his home or from any location known

to his parent or guardian or other person legally responsible for the

child to a place other than where the child is located, for any

purpose:

    (a) Without the express consent of the parent or guardian or

other person legally responsible for the child; and

    (b) With the intent to avoid the consent of the parent or guardian

or other person legally responsible for the child.

    2.  The provisions of this section do not apply if the contact or

communication is made or attempted with the intent to prevent

imminent bodily, emotional or psychological harm to the child.

    3.  A person who violates or attempts to violate the provisions

of this section:

    (a) With the intent to engage in sexual conduct with the child or

to cause the child to engage in sexual conduct, is guilty of a

category B felony and shall be punished by imprisonment in the

state prison for a minimum term of not less than 1 year and a

maximum term of not more than 10 years and may be further

punished by a fine of not more than $10,000;

    (b) By providing the child with [obscene] material that is

harmful to minors or requesting the child to provide the person

with [obscene material,] material that is harmful to minors, is

guilty of a category C felony and shall be punished as provided in

NRS 193.130; or

    (c) If paragraph (a) or (b) does not apply, is guilty of a gross

misdemeanor.

    4.  As used in this section:

    (a) “Computer” has the meaning ascribed to it in NRS 205.4735.

    (b) “Harmful to minors” has the meaning ascribed to it in

NRS 201.257.

    (c) “Material” means anything that is capable of being used or

adapted to arouse interest, whether through the medium of reading,

observation, sound or in any other manner.

    [(c)] (d) “Network” has the meaning ascribed to it in

NRS 205.4745.

    [(d) “Obscene” has the meaning ascribed to it in NRS 201.235.]

    (e) “Sexual conduct” has the meaning ascribed to it in

NRS 201.520.

    (f) “System” has the meaning ascribed to it in NRS 205.476.

    Sec. 4.  NRS 391.311 is hereby amended to read as follows:

    391.311  As used in NRS 391.311 to 391.3197, inclusive,

unless the context otherwise requires:

    1.  “Administrator” means any employee who holds a license as

an administrator and who is employed in that capacity by a school

district.

    2.  “Board” means the board of trustees of the school district in

which a licensed employee affected by NRS 391.311 to 391.3197,

inclusive, is employed.

    3.  “Demotion” means demotion of an administrator to a

position of lesser rank, responsibility or pay and does not include

transfer or reassignment for purposes of an administrative

reorganization.

    4.  “Immorality” means an act forbidden by NRS 200.366,

200.368, 200.400, 200.508, 201.180, 201.190, 201.210, 201.220,

201.230, 201.265 , 201.560 or 207.260.

    5.  “Postprobationary employee” means an administrator or a

teacher who has completed the probationary period as provided in

NRS 391.3197 and has been given notice of reemployment.

    6.  “Probationary employee” means an administrator or a

teacher who is employed for the period set forth in NRS 391.3197.

    7.  “Superintendent” means the superintendent of a school

district or a person designated by the board or superintendent to act

as superintendent during the absence of the superintendent.

    8.  “Teacher” means a licensed employee the majority of whose

working time is devoted to the rendering of direct educational

service to pupils of a school district.

    Sec. 5.  NRS 391.314 is hereby amended to read as follows:

    391.314  1.  If a superintendent has reason to believe that

cause exists for the dismissal of a licensed employee and he is of the

opinion that the immediate suspension of the employee is necessary

in the best interests of the pupils in the district, the superintendent

may suspend the employee without notice and without a hearing.

Notwithstanding the provisions of NRS 391.312, a superintendent

may suspend a licensed employee who has been officially charged

but not yet convicted of a felony or a crime involving moral

turpitude or immorality. If the charge is dismissed or if the

employee is found not guilty, he must be reinstated with back pay,

plus interest, and normal seniority. The superintendent shall notify

the employee in writing of the suspension.

    2.  Within 5 days after a suspension becomes effective, the

superintendent shall begin proceedings pursuant to the provisions of

NRS 391.312 to 391.3196, inclusive, to effect the employee’s

dismissal. The employee is entitled to continue to receive his salary

and other benefits after the suspension becomes effective until the

date on which the dismissal proceedings are commenced. The

superintendent may recommend that an employee who has been

charged with a felony or a crime involving immorality be dismissed

for another ground set forth in NRS 391.312.

    3.  If sufficient grounds for dismissal do not exist, the employee

must be reinstated with full compensation, plus interest.

    4.  A licensed employee who furnishes to the school district a

bond or other security which is acceptable to the board as a

guarantee that he will repay any amounts paid to him pursuant to

this subsection as salary during a period of suspension is entitled to

continue to receive his salary from the date on which the dismissal

proceedings are commenced until the decision of the board or the

report of the hearing officer, if the report is final and binding. The

board shall not unreasonably refuse to accept security other than a

bond. An employee who receives salary pursuant to this subsection

shall repay it if he is dismissed or not reemployed as a result of a

decision of the board or a report of a hearing officer.

    5.  A licensed employee who is convicted of a crime which

requires registration pursuant to NRS 179D.200 to 179D.290,

inclusive, or 179D.350 to 179D.550, inclusive, or is convicted of an

act forbidden by NRS 200.508, 201.190 , [or] 201.265 or 201.560

forfeits all rights of employment from the date of his arrest.

    6.  A licensed employee who is convicted of any crime and who

is sentenced to and serves any sentence of imprisonment forfeits all

rights of employment from the date of his arrest or the date on

which his employment terminated, whichever is later.

    7.  A licensed employee who is charged with a felony or a

crime involving immorality or moral turpitude and who waives his

right to a speedy trial while suspended may receive no more than 12

months of back pay and seniority upon reinstatement if he is found

not guilty or the charges are dismissed, unless proceedings have

been begun to dismiss the employee upon one of the other grounds

set forth in NRS 391.312.

    8.  A superintendent may discipline a licensed employee by

suspending the employee with loss of pay at any time after a hearing

has been held which affords the due process provided for in this

chapter. The grounds for suspension are the same as the grounds

contained in NRS 391.312. An employee may be suspended more

than once during the employee’s contract year, but the total number

of days of suspension may not exceed 20 in 1 contract year. Unless

circumstances require otherwise, the suspensions must be

progressively longer.

    Sec. 6.  This act becomes effective on July 1, 2003.

 

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