(Reprinted with amendments adopted on April 16, 2003)

 

Senate Bill No. 339–Senator Cegavske

 

March 17, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes relating to use of tobacco products. (BDR 5‑1126)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to tobacco; prohibiting a minor from falsely representing his age to purchase tobacco products; providing the juvenile division of the district court with jurisdiction over a child who falsely represents his age to purchase tobacco products; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 62 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  Except as otherwise provided in subsection 2, a child under

1-4  the age of 18 years shall not falsely represent that he is 18 years of

1-5  age or older to purchase or obtain cigarettes, cigarette paper,

1-6  tobacco of any description or products made from tobacco.

1-7  2.  The provisions of this section do not apply to a child

1-8  assisting in an inspection pursuant to NRS 202.2496.

1-9  Sec. 2.  NRS 62.040 is hereby amended to read as follows:

1-10      62.040  1.  Except if the child involved is subject to the

1-11  exclusive jurisdiction of an Indian tribe, and except as otherwise

1-12  provided in this chapter, the court has exclusive original jurisdiction

1-13  in proceedings:

1-14      (a) Concerning any child living or found within the county who

1-15  is in need of supervision because he:

2-1       (1) Is a child who is subject to compulsory school attendance

2-2  and is a habitual truant from school;

2-3       (2) Engages in an act described in section 1 of this act;

2-4       (3) Habitually disobeys the reasonable and lawful demands

2-5  of his parents, guardian or other custodian, and is unmanageable; or

2-6       [(3)] (4) Deserts, abandons or runs away from his home or

2-7  usual place of abode,

2-8  and is in need of care or rehabilitation. [The] A child who is in need

2-9  of supervision pursuant to this paragraph must not be considered a

2-10  delinquent.

2-11      (b) Concerning any child living or found within the county who

2-12  has committed a delinquent act. A child commits a delinquent act if

2-13  he violates a county or municipal ordinance or any rule or regulation

2-14  having the force of law, or he commits an act designated a crime

2-15  under the law of the State of Nevada.

2-16      (c) Concerning any child in need of commitment to an

2-17  institution for the mentally retarded.

2-18      2.  For the purposes of subsection 1, each of the following acts

2-19  shall be deemed not to be a delinquent act, and the court does not

2-20  have jurisdiction of a person who is charged with committing such

2-21  an act:

2-22      (a) Murder or attempted murder and any other related offense

2-23  arising out of the same facts as the murder or attempted murder,

2-24  regardless of the nature of the related offense.

2-25      (b) Sexual assault or attempted sexual assault involving the use

2-26  or threatened use of force or violence against the victim and any

2-27  other related offense arising out of the same facts as the sexual

2-28  assault or attempted sexual assault, regardless of the nature of the

2-29  related offense, if:

2-30          (1) The person was 16 years of age or older when the sexual

2-31  assault or attempted sexual assault was committed; and

2-32          (2) Before the sexual assault or attempted sexual assault was

2-33  committed, the person previously had been adjudicated delinquent

2-34  for an act that would have been a felony if committed by an adult.

2-35      (c) An offense or attempted offense involving the use or

2-36  threatened use of a firearm and any other related offense arising out

2-37  of the same facts as the offense or attempted offense involving the

2-38  use or threatened use of a firearm, regardless of the nature of the

2-39  related offense, if:

2-40          (1) The person was 16 years of age or older when the offense

2-41  or attempted offense involving the use or threatened use of a firearm

2-42  was committed; and

2-43          (2) Before the offense or attempted offense involving the use

2-44  or threatened use of a firearm was committed, the person previously

3-1  had been adjudicated delinquent for an act that would have been a

3-2  felony if committed by an adult.

3-3  (d) A felony resulting in death or substantial bodily harm to the

3-4  victim and any other related offense arising out of the same facts as

3-5  the felony, regardless of the nature of the related offense, if:

3-6       (1) The felony was committed on the property of a public or

3-7  private school when pupils or employees of the school were present

3-8  or may have been present, at an activity sponsored by a public or

3-9  private school or on a school bus while the bus was engaged in its

3-10  official duties; and

3-11          (2) The person intended to create a great risk of death or

3-12  substantial bodily harm to more than one person by means of a

3-13  weapon, device or course of action that would normally be

3-14  hazardous to the lives of more than one person.

3-15      (e) Any other offense if, before the offense was committed, the

3-16  person previously had been convicted of a criminal offense.

3-17      3.  If a child is charged with a minor traffic offense, the court

3-18  may transfer the case and record to a justice’s or municipal court if

3-19  the judge determines that it is in the best interest of the child. If a

3-20  case is so transferred:

3-21      (a) The restrictions set forth in subsection 7 of NRS 62.170 are

3-22  applicable in those proceedings; and

3-23      (b) The child must be accompanied at all proceedings by a

3-24  parent or legal guardian.

3-25  With the consent of the judge of the juvenile division, the case may

3-26  be transferred back to the juvenile court.

3-27      4.  As used in this section, “school bus” has the meaning

3-28  ascribed to it in NRS 483.160.

3-29      Sec. 3.  NRS 62.212 is hereby amended to read as follows:

3-30      62.212  1.  Except as otherwise provided in subsection [3,] 4,

3-31  if the court finds that a child is within the purview of paragraph (a)

3-32  of subsection 1 of NRS 62.040 and has not previously been the

3-33  subject of a complaint under NRS 62.128 before committing the acts

3-34  for which the petition was filed, the court shall:

3-35      (a) Admonish the child to obey the law and to refrain from

3-36  repeating the acts for which the petition was filed, and maintain a

3-37  record of the admonition; and

3-38      (b) Refer the child, without adjudication, to services available in

3-39  the community for counseling, behavioral modification and social

3-40  adjustment.

3-41      2.  Except as otherwise provided in subsection [3,] 4, a child

3-42  described in subsection 1 must not be adjudicated to be a child in

3-43  need of supervision unless a subsequent petition based upon

3-44  additional facts is filed with the court after admonition and referral

3-45  pursuant to [this subsection.

4-1  2.] that subsection.

4-2  3. A child who is:

4-3  (a) Less than 12 years of age must not be committed to or

4-4  otherwise placed in the Nevada Youth Training Center or the

4-5  Caliente Youth Center.

4-6  (b) Not adjudicated to be delinquent must not be committed to

4-7  or otherwise placed in the Nevada Youth Training Center, the

4-8  Caliente Youth Center or any other facility that provides

4-9  correctional care.

4-10      [3.] 4. The provisions of subsection 1 do not apply to a child

4-11  alleged to be in need of supervision because he is a habitual truant.

4-12      5.  In addition to the actions set forth in subsection 1, a court

4-13  may order a child who engages in an act described in section 1 of

4-14  this act to perform community service. Community service so

4-15  ordered must be performed:

4-16      (a) For and under the supervising authority of a county, city,

4-17  town or other political subdivision or agency of this state or a

4-18  charitable organization that renders service to the community or

4-19  its residents; and

4-20      (b) At the child’s school of attendance, if practicable.

 

4-21  H