SB394_R1

Senate Bill No. 394–Committee on Judiciary

CHAPTER..........

AN ACT relating to crimes; revising the provisions of the crime relating to the annoyance and molestation of a minor to prohibit certain acts committed against certain children and mentally ill persons; prohibiting the luring of a child or mentally ill person under certain circumstances; providing that certain crimes committed against certain children or mentally ill persons constitute sexual offenses for the purposes of various statutes; providing that certain crimes committed against certain children or mentally ill persons constitute immoral conduct for the purposes of certain provisions related to educational personnel and that certain licensed educational employees forfeit their rights of employment if convicted of such crimes; revising certain provisions of the crime relating to manufacturing or compounding certain controlled substances; providing penalties; 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 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;

(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. 2. NRS 201.560 is hereby amended to read as follows:

201.560 1. Except as otherwise provided in subsection [2,] 3,

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. Except as otherwise provided in subsection 3, a person

shall not knowingly contact or communicate with a mentally ill

person with the intent to persuade, lure or transport the mentally

ill person away from his home or from any location known to any

person legally responsible for the mentally ill person to a place

other than where the mentally ill person is located:

(a) For any purpose that a reasonable person under the

circumstances would know would endanger the health, safety or

welfare of the mentally ill person;

(b) Without the express consent of the person legally

responsible for the mentally ill person; and

responsible for the mentally ill person.

3. 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.] or mentally ill person.

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

of this section[:] through the use of a computer, system or

network:

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

mentally ill person or to cause the child or mentally ill person 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 or mentally ill person with [obscene]

material that is harmful to minors or requesting the child or

mentally ill person 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

misdemeanor.

[4.] 5. A person who violates or attempts to violate the

provisions of this section in a manner other than through the use

of a computer, system or network:

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

or mentally ill person or to cause the child or mentally ill person 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 2 years and a maximum term of

not more than 15 years and may be further punished by a fine of

not more than $10,000;

(b) By providing the child or mentally ill person with material

that is harmful to minors or requesting the child or mentally ill

person to provide the person with material that is harmful to

minors, 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 6 years and

may be further punished by a fine of not more than $10,000; or

misdemeanor.

6. 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.

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

observation, sound or in any other manner.

[(c)] (d) “Mentally ill person” means a person who has any

mental dysfunction leading to impaired ability to maintain himself

and to function effectively in his life situation without external

support.

(e) “Network” has the meaning ascribed to it in NRS 205.4745.

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

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

NRS 201.520.

[(f)] (g) “System” has the meaning ascribed to it in

NRS 205.476.

Sec. 3. NRS 207.260 is hereby amended to read as follows:

207.260 1. [Unless a greater penalty is provided by specific

statute, a person who annoys or molests or attempts to annoy or

molest a minor , including, without limitation, soliciting a minor to

engage in unlawful sexual conduct,] A person who, without lawful

authority, willfully and maliciously engages in a course of conduct

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

years younger than the person which would cause a reasonable

child of like age to feel terrorized, frightened, intimidated or

harassed, and which actually causes the child to feel terrorized,

frightened, intimidated or harassed, commits the crime of

unlawful contact with a child.

2. A person who, without lawful authority, willfully and

maliciously engages in a course of conduct with a mentally ill

person which would cause a mentally ill person of like mental

condition to feel terrorized, frightened, intimidated or harassed,

and which actually causes the mentally ill person to feel

terrorized, frightened, intimidated or harassed, commits the crime

of unlawful contact with a mentally ill person.

3. The penalties provided in this section do not preclude the

victim from seeking any other legal remedy available.

4. Unless a greater penalty is provided by specific statute, a

person who commits the crime of unlawful contact with a child or

unlawful contact with a mentally ill person is guilty of:

(a) For the first offense, a gross misdemeanor.

(b) For the second and each subsequent offense, 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 6 years, and may be further punished by a fine of not

more than $5,000.

[2. For the purposes of this section, “soliciting” includes,

without limitation, contacting a person directly, through the use of a

telephone, in writing, through the use of a computer or through an

advertisement.

3.] 5. As used in this section:

(a) [“Computer” has the meaning ascribed to it in

NRS 205.4735.

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

NRS 200.700.] “Course of conduct” means a pattern of conduct

which consists of a series of acts over time that evidences a

continuity of purpose directed at a specific person.

(b) “Mentally ill person” means a person who has any mental

dysfunction leading to impaired ability to maintain himself and to

function effectively in his life situation without external support.

or continued without the victim’s consent. The term does not

include acts that are otherwise protected or authorized by

constitutional or statutory law, regulation or order of a court of

competent jurisdiction, including, but not limited to:

(1) Picketing which occurs during a strike, work stoppage

or any other labor dispute.

(2) The activities of a reporter, photographer, cameraman

or other person while gathering information for communication to

the public if that person is employed or engaged by or has

contracted with a newspaper, periodical, press association or radio

or television station and is acting solely within that professional

capacity.

(3) The activities of a person that are carried out in the

normal course of his lawful employment.

(4) Any activities carried out in the exercise of the

constitutionally protected rights of freedom of speech and

assembly.

Sec. 4. NRS 62.138 is hereby amended to read as follows:

62.138 1. If a petition filed pursuant to the provisions of this

chapter contains allegations that a child committed an act which

would be a sexual offense if committed by an adult or which

involved the use or threatened use of force or violence against the

victim, the prosecuting attorney shall provide to the victim and a

parent or guardian of the victim, as soon as practicable after the

petition is filed, documentation that includes:

(a) A form advising the victim and the parent or guardian of

their rights pursuant to the provisions of this chapter; and

(b) The form or procedure that must be used to request

disclosure pursuant to subsection 12 of NRS 62.193.

2. As used in this section, “sexual offense” means:

(a) Sexual assault pursuant to NRS 200.366;

(b) Battery with intent to commit sexual assault pursuant to

NRS 200.400;

NRS 200.710 to 200.730, inclusive;

(d) Open or gross lewdness pursuant to NRS 201.210;

(e) Indecent or obscene exposure pursuant to NRS 201.220;

(f) Lewdness with a child pursuant to NRS 201.230;

(g) Sexual penetration of a dead human body pursuant to

NRS 201.450;

(h) [Annoyance or molestation of a minor pursuant to NRS

207.260;] Luring a child or mentally ill person pursuant to NRS

201.560, if punishable as a felony; or

(i) An attempt to commit an offense listed in this subsection.

Sec. 5. NRS 62.350 is hereby amended to read as follows:

62.350 1. The fingerprints of a child must be taken if the

child is in custody for an act that, if committed by an adult:

(a) Would be a felony, a gross misdemeanor or a sexual offense;

(b) Would be a misdemeanor, and the act involved:

(1) The use or threatened use of force or violence against the

victim; or

(2) The possession, use or threatened use of a firearm or a

deadly weapon.

2. The fingerprints of a child who is in custody but who is not

subject to the provisions of subsection 1 may be taken if a law

enforcement officer finds latent fingerprints during the investigation

of an offense and the officer has reason to believe that the latent

fingerprints are those of the child. The officer shall use the

fingerprints taken from the child to make an immediate comparison

with the latent fingerprints. If the comparison is:

(a) Negative, the fingerprint card and other copies of the

fingerprints taken may be immediately destroyed or may be retained

for future use.

(b) Positive, the fingerprint card and other copies of the

fingerprints:

(1) Must be delivered to the court for disposition if the child

is referred to court.

(2) May be immediately destroyed or may be retained for

future use if the child is not referred to court.

3. Fingerprints that are taken from a child pursuant to the

provisions of this section:

(a) May be retained in a local file or a local system for the

automatic retrieval of fingerprints if they are retained under special

security measures that limit inspection of the fingerprints to law

enforcement officers who are conducting criminal investigations. If

the child from whom the fingerprints are taken subsequently is not

adjudicated delinquent, the parent or guardian of the child or, when

the child becomes at least 18 years of age, the child may petition the

court for the removal of the fingerprints from any such local file or

local system.

(b) Must be submitted to the Central Repository for Nevada

Records of Criminal History if the child is adjudicated delinquent

for an act that, if committed by an adult, would be a felony or sexual

offense, and may be submitted to the Central Repository for any

other act. Any such fingerprints submitted to the Central Repository

must be submitted with a description of the child and the unlawful

act, if any, that the child committed. The Central Repository shall

retain the fingerprints and such information of the child under

special security measures that limit inspection of the fingerprints

and such information to law enforcement officers who are

conducting criminal investigations and to officers and employees of

the Central Repository who are assisting law enforcement officers

with criminal investigations or who are conducting research or

performing a statistical analysis.

unless the child is adjudicated delinquent for an act that, if

committed by an adult, would be a felony or a sexual offense.

4. A child who is in custody must be photographed for the

purpose of identification. Except as otherwise provided in this

subsection, the photographs of the child must be kept in the file

pertaining to the child under special security measures which

provide that the photographs may be inspected only to conduct

criminal investigations and photographic lineups. If a court

subsequently determines that the child is not delinquent, the court

shall order the photographs to be destroyed.

5. Any person who willfully violates any provision of this

section is guilty of a misdemeanor.

6. As used in this section, “sexual offense” means:

(a) Sexual assault pursuant to NRS 200.366;

(b) Statutory sexual seduction pursuant to NRS 200.368;

NRS 200.400;

(d) An offense involving pornography and a minor pursuant to

NRS 200.710 to 200.730, inclusive;

(e) Incest pursuant to NRS 201.180;

(f) Solicitation of a minor to engage in acts constituting the

infamous crime against nature pursuant to NRS 201.195;

(g) Open or gross lewdness pursuant to NRS 201.210;

(h) Indecent or obscene exposure pursuant to NRS 201.220;

(i) Lewdness with a child pursuant to NRS 201.230;

(j) Sexual penetration of a dead human body pursuant to

NRS 201.450;

(k) [Annoyance or molestation of a minor pursuant to NRS

207.260;] Luring a child or mentally ill person pursuant to NRS

201.560, if punishable as a felony;

(l) An attempt to commit an offense listed in paragraphs (a) to

(k), inclusive; or

(m) An offense that is determined to be sexually motivated

pursuant to NRS 175.547.

Sec. 6. NRS 62.435 is hereby amended to read as follows:

62.435 “Sexual offense” means:

1. Sexual assault pursuant to NRS 200.366;

2. Battery with intent to commit sexual assault pursuant to

NRS 200.400;

3. An offense involving pornography and a minor pursuant to

NRS 200.710 to 200.730, inclusive;

4. Open or gross lewdness pursuant to NRS 201.210, if

punishable as a felony;

5. Indecent or obscene exposure pursuant to NRS 201.220, if

punishable as a felony;

6. Lewdness with a child pursuant to NRS 201.230;

7. Sexual penetration of a dead human body pursuant to

NRS 201.450;

8. [Annoyance or molestation of a minor pursuant to NRS

207.260,] Luring a child or mentally ill person pursuant to NRS

201.560, if punishable as a felony; or

9. An attempt to commit an offense listed in this section, if

punishable as a felony.

Sec. 7. NRS 176.0931 is hereby amended to read as follows:

176.0931 1. If a defendant is convicted of a sexual offense,

the court shall include in sentencing, in addition to any other

penalties provided by law, a special sentence of lifetime supervision.

2. The special sentence of lifetime supervision commences

after any period of probation or any term of imprisonment and any

period of release on parole.

3. A person sentenced to lifetime supervision may petition the

district court in whose jurisdiction he resides for release from

lifetime supervision. The court shall grant a petition for release from

a special sentence of lifetime supervision if:

(a) The person has not been convicted of an offense that poses a

threat to the safety or well‑being of others for an interval of at least

15 consecutive years after his last conviction or release from

incarceration, whichever occurs later; and

(b) The person is not likely to pose a threat to the safety of

others if released from lifetime supervision.

4. A person who is released from lifetime supervision pursuant

to the provisions of subsection 3 remains subject to the provisions

for registration as a sex offender and to the provisions for

community notification, unless he is otherwise relieved from the

operation of those provisions pursuant to the provisions of NRS

179D.350 to 179D.800, inclusive.

5. As used in this section:

(a) “Offense that poses a threat to the safety or well‑being of

others” has the meaning ascribed to it in NRS 179D.060.

(b) “Sexual offense” means:

(1) A violation of NRS 200.366, subsection 4 of NRS

200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730,

NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of

subsection 1 of NRS 201.195, NRS 201.230 or 201.450 or

paragraph (a) or (b) of subsection [3] 4 or paragraph (a) or (b) of

subsection 5 of NRS 201.560;

(2) An attempt to commit an offense listed in subparagraph

(1); or

(3) An act of murder in the first or second degree,

kidnapping in the first or second degree, false imprisonment,

burglary or invasion of the home if the act is determined to be

sexually motivated at a hearing conducted pursuant to NRS 175.547.

Sec. 8. NRS 176.133 is hereby amended to read as follows:

176.133 As used in NRS 176.133 to 176.159, inclusive, unless

the context otherwise requires:

1. “Person professionally qualified to conduct psychosexual

evaluations” means a person who has received training in

conducting psychosexual evaluations and is:

(a) A psychiatrist licensed to practice medicine in this state and

certified by the American Board of Psychiatry and Neurology[;] ,

Inc.;

(b) A psychologist licensed to practice in this state;

licensed in this state as a clinical social worker;

(d) A registered nurse holding a master’s degree in the field of

psychiatric nursing and licensed to practice professional nursing in

this state; or

(e) A marriage and family therapist licensed in this state

pursuant to chapter 641A of NRS.

2. “Psychosexual evaluation” means an evaluation conducted

pursuant to NRS 176.139.

3. “Sexual offense” means:

(a) Sexual assault pursuant to NRS 200.366;

(b) Statutory sexual seduction pursuant to NRS 200.368, if

punished as a felony;

NRS 200.400;

(d) Abuse of a child pursuant to NRS 200.508, if the abuse

involved sexual abuse or sexual exploitation and is punished as a

felony;

(e) An offense involving pornography and a minor pursuant to

NRS 200.710 to 200.730, inclusive;

(f) Incest pursuant to NRS 201.180;

(g) Solicitation of a minor to engage in acts constituting the

infamous crime against nature pursuant to NRS 201.195, if punished

as a felony;

(h) Open or gross lewdness pursuant to NRS 201.210, if

punished as a felony;

(i) Indecent or obscene exposure pursuant to NRS 201.220, if

punished as a felony;

(j) Lewdness with a child pursuant to NRS 201.230;

(k) Sexual penetration of a dead human body pursuant to

NRS 201.450;

(l) Luring a child [using a computer, system or network] or

mentally ill person pursuant to NRS 201.560, if punished as a

felony;

(m) [Annoyance or molestation of a minor pursuant to NRS

207.260, if punished as a felony;

(n)] An attempt to commit an offense listed in paragraphs (a) to

[(m),] (l), inclusive, if punished as a felony; or

[(o)] (n) An offense that is determined to be sexually motivated

pursuant to NRS 175.547 or 207.193.

Sec. 9. NRS 176A.110 is hereby amended to read as follows:

176A.110 1. The court shall not grant probation to or

suspend the sentence of a person convicted of an offense listed in

subsection 3 unless:

(a) If a psychosexual evaluation of the person is required

pursuant to NRS 176.139, the person who conducts the

psychosexual evaluation certifies in the report prepared pursuant to

NRS 176.139 that the person convicted of the offense does not

represent a high risk to reoffend based upon a currently accepted

standard of assessment; or

(b) If a psychosexual evaluation of the person is not required

pursuant to NRS 176.139, a psychologist licensed to practice in this

state who is trained to conduct psychosexual evaluations or a

psychiatrist licensed to practice medicine in this state who is

certified by the American Board of Psychiatry and Neurology , Inc.

and is trained to conduct psychosexual evaluations certifies in a

written report to the court that the person convicted of the offense

does not represent a high risk to reoffend based upon a currently

accepted standard of assessment.

2. This section does not create a right in any person to be

certified or to continue to be certified. No person may bring a cause

of action against the State, its political subdivisions, or the agencies,

boards, commissions, departments, officers or employees of the

State or its political subdivisions for not certifying a person pursuant

to this section or for refusing to consider a person for certification

pursuant to this section.

3. The provisions of this section apply to a person convicted of

any of the following offenses:

(a) Attempted sexual assault of a person who is 16 years of age

or older pursuant to NRS 200.366.

(b) Statutory sexual seduction pursuant to NRS 200.368.

NRS 200.400.

(d) Abuse or neglect of a child pursuant to NRS 200.508.

(e) An offense involving pornography and a minor pursuant to

NRS 200.710 to 200.730, inclusive.

(f) Incest pursuant to NRS 201.180.

(g) Solicitation of a minor to engage in acts constituting the

infamous crime against nature pursuant to NRS 201.195.

(h) Open or gross lewdness pursuant to NRS 201.210.

(i) Indecent or obscene exposure pursuant to NRS 201.220.

(j) Lewdness with a child pursuant to NRS 201.230.

(k) Sexual penetration of a dead human body pursuant to

NRS 201.450.

(l) Luring a child [using a computer, system or network] or

mentally ill person pursuant to NRS 201.560, if punished as a

felony.

(m) A violation of NRS 207.180.

(n) An attempt to commit an offense listed in paragraphs (b) to

(m), inclusive.

(o) Coercion or attempted coercion that is determined to be

sexually motivated pursuant to NRS 207.193.

Sec. 10. NRS 176A.413 is hereby amended to read as follows:

176A.413 1. Except as otherwise provided in subsection 2, if

a defendant is convicted of stalking with the use of an Internet or

network site or electronic mail or any other similar means of

communication pursuant to subsection 3 of NRS 200.575, an

offense involving pornography and a minor pursuant to NRS

200.710 to 200.730, inclusive, or luring a child [using] or mentally

ill person through the use of a computer, system or network

pursuant to paragraph (a) or (b) of subsection [3] 4 of NRS 201.560

and the court grants probation or suspends the sentence, the court

shall, in addition to any other condition ordered pursuant to NRS

176A.400, order as a condition of probation or suspension that the

defendant not own or use a computer, including, without limitation,

use electronic mail, a chat room or the Internet.

2. The court is not required to impose a condition of probation

or suspension of sentence set forth in subsection 1 if the court finds

that:

(a) The use of a computer by the defendant will assist a law

enforcement agency or officer in a criminal investigation;

(b) The defendant will use the computer to provide

technological training concerning technology of which the

defendant has a unique knowledge; or

companies that require the use of the specific technological

knowledge of the defendant that is unique and is otherwise

unavailable to the company.

3. Except as otherwise provided in subsection 1, if a defendant

is convicted of an offense that involved the use of a computer,

system or network and the court grants probation or suspends the

sentence, the court may, in addition to any other condition ordered

pursuant to NRS 176A.400, order as a condition of probation or

suspension that the defendant not own or use a computer, including,

without limitation, use electronic mail, a chat room or the Internet.

4. As used in this section:

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

(b) “Network” has the meaning ascribed to it in NRS 205.4745.

Sec. 11. NRS 178.5698 is hereby amended to read as follows:

178.5698 1. The prosecuting attorney, sheriff or chief of

police shall, upon the written request of a victim or witness, inform

him:

(a) When the defendant is released from custody at any time

before or during the trial;

(b) If the defendant is so released, the amount of bail required, if

any; and

directly involved.

2. If an offender is convicted of a sexual offense or an offense

involving the use or threatened use of force or violence against the

victim, the court shall provide:

(a) To each witness, documentation that includes:

(1) A form advising the witness of the right to be notified

pursuant to subsection 4;

(2) The form that the witness must use to request

notification; and

(3) The form or procedure that the witness must use to

provide a change of address after a request for notification has been

submitted.

(b) To each person listed in subsection 3, documentation that

includes:

(1) A form advising the person of the right to be notified

pursuant to subsection 4 or 5 and NRS 176.015, 176A.630, 209.392,

209.3925, 209.521, 213.010, 213.040, 213.095 and 213.130;

(2) The forms that the person must use to request

notification; and

(3) The forms or procedures that the person must use to

provide a change of address after a request for notification has been

submitted.

3. The following persons are entitled to receive documentation

pursuant to paragraph (b) of subsection 2:

(a) A person against whom the offense is committed.

(b) A person who is injured as a direct result of the commission

of the offense.

18 years, each parent or guardian who is not the offender.

(d) Each surviving spouse, parent and child of a person who is

killed as a direct result of the commission of the offense.

(e) A relative of a person listed in paragraphs (a) to (d),

inclusive, if the relative requests in writing to be provided with the

documentation.

4. Except as otherwise provided in subsection 5, if the offense

was a felony and the offender is imprisoned, the warden of the

prison shall, if the victim or witness so requests in writing and

provides his current address, notify him at that address when the

offender is released from the prison.

5. If the offender was convicted of a violation of subsection 3

of NRS 200.366 or a violation of subsection 1, paragraph (a) of

subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of

NRS 200.508, the warden of the prison shall notify:

(a) The immediate family of the victim if the immediate family

provides their current address;

(b) Any member of the victim’s family related within the third

degree of consanguinity, if the member of the victim’s family so

requests in writing and provides his current address; and

of the release and has provided his current address,

before the offender is released from prison.

6. The warden must not be held responsible for any injury

proximately caused by his failure to give any notice required

pursuant to this section if no address was provided to him or if the

address provided is inaccurate or not current.

7. As used in this section:

(a) “Immediate family” means any adult relative of the victim

living in the victim’s household.

(b) “Sexual offense” means:

(1) Sexual assault pursuant to NRS 200.366;

(2) Statutory sexual seduction pursuant to NRS 200.368;

(3) Battery with intent to commit sexual assault pursuant to

NRS 200.400;

(4) An offense involving pornography and a minor pursuant

to NRS 200.710 to 200.730, inclusive;

(5) Incest pursuant to NRS 201.180;

(6) Solicitation of a minor to engage in acts constituting the

infamous crime against nature pursuant to NRS 201.195;

(7) Open or gross lewdness pursuant to NRS 201.210;

(8) Indecent or obscene exposure pursuant to NRS 201.220;

(9) Lewdness with a child pursuant to NRS 201.230;

(10) Sexual penetration of a dead human body pursuant to

NRS 201.450;

(11) Luring a child [using a computer, system or network] or

mentally ill person pursuant to NRS 201.560, if punished as a

felony;

(12) [Annoyance or molestation of a minor pursuant to

NRS 207.260;

(13)] An offense that, pursuant to a specific statute, is

determined to be sexually motivated; or

[(14)] (13) An attempt to commit an offense listed in this

paragraph.

Sec. 12. NRS 179.245 is hereby amended to read as follows:

179.245 1. Except as otherwise provided in subsection 5 and

NRS 176A.265, 179.259 and 453.3365, a person may petition the

court in which he was convicted for the sealing of all records

relating to a conviction of:

(a) A category A or B felony after 15 years from the date of his

release from actual custody or discharge from parole or probation,

whichever occurs later;

(b) A category C or D felony after 12 years from the date of his

release from actual custody or discharge from parole or probation,

whichever occurs later;

release from actual custody or discharge from parole or probation,

whichever occurs later;

(d) Any gross misdemeanor after 7 years from the date of his

release from actual custody or discharge from probation, whichever

occurs later;

(e) A violation of NRS 484.379 other than a felony, or a battery

which constitutes domestic violence pursuant to NRS 33.018 other

than a felony, after 7 years from the date of his release from actual

custody or from the date when he is no longer under a suspended

sentence, whichever occurs later; or

(f) Any other misdemeanor after 3 years from the date of his

release from actual custody or from the date when he is no longer

under a suspended sentence, whichever occurs later.

2. A petition filed pursuant to subsection 1 must:

(a) Be accompanied by current, verified records of the

petitioner’s criminal history received from:

(1) The Central Repository for Nevada Records of Criminal

History; and

(2) The local law enforcement agency of the city or county in

which the conviction was entered;

(b) Include a list of any other public or private agency,

company, official or other custodian of records that is reasonably

known to the petitioner to have possession of records of the

conviction and to whom the order to seal records, if issued, will be

directed; and

the petitioner, accurately and completely identifies the records to be

sealed.

3. Upon receiving a petition pursuant to this section, the court

shall notify the law enforcement agency that arrested the petitioner

for the crime and:

(a) If the person was convicted in a district court or justice’s

court, the prosecuting attorney for the county; or

(b) If the person was convicted in a municipal court, the

prosecuting attorney for the city.

The prosecuting attorney and any person having relevant evidence

may testify and present evidence at the hearing on the petition.

4. If, after the hearing, the court finds that, in the period

prescribed in subsection 1, the petitioner has not been charged with

any offense for which the charges are pending or convicted of any

offense, except for minor moving or standing traffic violations, the

court may order sealed all records of the conviction which are in the

custody of the court, of another court in the State of Nevada or of a

public or private agency, company or official in the State of Nevada,

and may also order all such criminal identification records of the

petitioner returned to the file of the court where the proceeding was

commenced from, including, but not limited to, the Federal Bureau

of Investigation, the California Bureau of Identification and

Information, sheriffs’ offices and all other law enforcement agencies

reasonably known by either the petitioner or the court to have

possession of such records.

5. A person may not petition the court to seal records relating

to a conviction of a crime against a child or a sexual offense.

6. If the court grants a petition for the sealing of records

pursuant to this section, upon the request of the person whose

records are sealed, the court may order sealed all records of the civil

proceeding in which the records were sealed.

7. As used in this section:

(a) “Crime against a child” has the meaning ascribed to it in

NRS 179D.210.

(b) “Sexual offense” means:

(1) Murder of the first degree committed in the perpetration

or attempted perpetration of sexual assault or of sexual abuse or

sexual molestation of a child less than 14 years of age pursuant to

paragraph (b) of subsection 1 of NRS 200.030.

(2) Sexual assault pursuant to NRS 200.366.

(3) Statutory sexual seduction pursuant to NRS 200.368, if

punishable as a felony.

(4) Battery with intent to commit sexual assault pursuant to

NRS 200.400.

(5) An offense involving the administration of a drug to

another person with the intent to enable or assist the commission of

a felony pursuant to NRS 200.405, if the felony is an offense listed

in this paragraph.

(6) An offense involving the administration of a controlled

substance to another person with the intent to enable or assist the

commission of a crime of violence pursuant to NRS 200.408, if the

crime of violence is an offense listed in this paragraph.

(7) Abuse of a child pursuant to NRS 200.508, if the abuse

involved sexual abuse or sexual exploitation.

(8) An offense involving pornography and a minor pursuant

to NRS 200.710 to 200.730, inclusive.

(9) Incest pursuant to NRS 201.180.

(10) Solicitation of a minor to engage in acts constituting the

infamous crime against nature pursuant to NRS 201.195.

(11) Open or gross lewdness pursuant to NRS 201.210, if

punishable as a felony.

(12) Indecent or obscene exposure pursuant to NRS 201.220,

if punishable as a felony.

(13) Lewdness with a child pursuant to NRS 201.230.

(14) Sexual penetration of a dead human body pursuant to

NRS 201.450.

(15) [Annoyance or molestation of a minor pursuant to NRS

207.260.] Luring a child or mentally ill person pursuant to NRS

201.560, if punishable as a felony.

(16) An attempt to commit an offense listed in subparagraphs

(1) to (15), inclusive.

Sec. 13. NRS 179.460 is hereby amended to read as follows:

179.460 1. The Attorney General or the district attorney of

any county may apply to a Supreme Court justice or to a district

judge in the county where the interception is to take place for an

order authorizing the interception of wire or oral communications,

and the judge may, in accordance with NRS 179.470 to 179.515,

inclusive, grant an order authorizing the interception of wire or oral

communications by investigative or law enforcement officers having

responsibility for the investigation of the offense as to which the

application is made, when the interception may provide evidence of

the commission of murder, kidnapping, robbery, extortion, bribery,

destruction of public property by explosives, a sexual offense

against a child or the commission of any offense which is made a

felony by the provisions of chapter 453 or 454 of NRS.

2. A good faith reliance by a public utility on a court order

shall constitute a complete defense to any civil or criminal action

brought against the public utility on account of any interception

made pursuant to the order.

3. As used in this section, “sexual offense against a child”

includes any act upon a child constituting:

(a) Incest pursuant to NRS 201.180;

(b) Lewdness with a child pursuant to NRS 201.230;

NRS 207.260;

(d)] Sado-masochistic abuse pursuant to NRS 201.262;

[(e)] (d) Sexual assault pursuant to NRS 200.366;

[(f)] (e) Statutory sexual seduction pursuant to NRS 200.368;

[(g)] (f) Open or gross lewdness pursuant to NRS 201.210; or

[(h)] (g) Luring a child [using a computer, system or network]

or mentally ill person pursuant to NRS 201.560, if punished as a

felony.

Sec. 14. NRS 179A.073 is hereby amended to read as follows:

179A.073 1. “Sexual offense” includes acts upon a child

constituting:

(a) Sexual assault under NRS 200.366;

(b) Statutory sexual seduction under NRS 200.368;

NRS 200.710;

(d) Promotion of a sexual performance of a minor under

NRS 200.720;

(e) Possession of a visual presentation depicting the sexual

conduct of a child under NRS 200.730;

(f) Incest under NRS 201.180;

(g) Solicitation of a minor to engage in the infamous crime

against nature under NRS 201.195;

(h) Lewdness with a child under NRS 201.230; or

(i) Luring a child [using a computer, system or network] or

mentally ill person pursuant to NRS 201.560, if punished as a

felony . [; or

(j) Annoyance or molestation of a minor under NRS 207.260.]

2. “Sexual offense” also includes acts committed outside the

State that would constitute any of the offenses in subsection 1 if

committed in the State, and the aiding, abetting, attempting or

conspiring to engage in any of the offenses in subsection 1.

Sec. 15. NRS 179A.280 is hereby amended to read as follows:

179A.280 As used in this section and NRS 179A.270 and

179A.290:

1. “Juvenile sex offender” means a child adjudicated

delinquent for an act that, if committed by an adult, would be a

sexual offense.

2. “Sexual offense” means:

(a) Sexual assault pursuant to NRS 200.366;

(b) Statutory sexual seduction pursuant to NRS 200.368;

NRS 200.400;

(d) An offense involving pornography and a minor pursuant to

NRS 200.710 to 200.730, inclusive;

(e) Incest pursuant to NRS 201.180;

(f) Solicitation of a minor to engage in acts constituting the

infamous crime against nature pursuant to NRS 201.195;

(g) Open or gross lewdness pursuant to NRS 201.210;

(h) Indecent or obscene exposure pursuant to NRS 201.220;

(i) Lewdness with a child pursuant to NRS 201.230;

(j) Sexual penetration of a dead human body pursuant to

NRS 201.450;

(k) Luring a child [using a computer, system or network] or

mentally ill person pursuant to NRS 201.560, if punished as a

felony;

(l) [Annoyance or molestation of a minor pursuant to

NRS 207.260;

(m)] An attempt to commit an offense listed in paragraphs (a) to

[(l), inclusive;

(n)] (k), inclusive;

(m) An offense that is determined to be sexually motivated

pursuant to NRS 175.547; or

[(o)] (n) An offense committed in another jurisdiction that, if

committed in this state, would be an offense listed in this

subsection.

Sec. 16. NRS 179D.035 is hereby amended to read as follows:

179D.035 “Convicted” includes, but is not limited to, an

adjudication of delinquency or a finding of guilt by a court having

jurisdiction over juveniles if the adjudication of delinquency or the

finding of guilt is for the commission of any of the following

offenses:

1. A crime against a child that is listed in subsection 6 of

NRS 179D.210.

2. A sexual offense that is listed in subsection [20] 19 of

NRS 179D.410.

3. A sexual offense that is listed in paragraph (b) of subsection

2 of NRS 62.600.

Sec. 17. NRS 179D.400 is hereby amended to read as follows:

179D.400 1. “Sex offender” means a person who, after

July 1, 1956, is or has been:

(a) Convicted of a sexual offense listed in NRS 179D.410; or

(b) Adjudicated delinquent or found guilty by a court having

jurisdiction over juveniles of a sexual offense listed in subsection

[20] 19 of NRS 179D.410.

2. The term includes, but is not limited to:

(a) A sexually violent predator.

(b) A nonresident sex offender who is a student or worker

within this state.

Sec. 18. NRS 179D.410 is hereby amended to read as follows:

179D.410 “Sexual offense” means any of the following

offenses:

1. Murder of the first degree committed in the perpetration or

attempted perpetration of sexual assault or of sexual abuse or sexual

molestation of a child less than 14 years of age pursuant to

paragraph (b) of subsection 1 of NRS 200.030.

2. Sexual assault pursuant to NRS 200.366.

3. Statutory sexual seduction pursuant to NRS 200.368.

4. Battery with intent to commit sexual assault pursuant to

NRS 200.400.

5. An offense involving the administration of a drug to another

person with the intent to enable or assist the commission of a felony

pursuant to NRS 200.405, if the felony is an offense listed in this

section.

6. An offense involving the administration of a controlled

substance to another person with the intent to enable or assist the

commission of a crime of violence pursuant to NRS 200.408, if the

crime of violence is an offense listed in this section.

7. Abuse of a child pursuant NRS 200.508, if the abuse

involved sexual abuse or sexual exploitation.

8. An offense involving pornography and a minor pursuant to

NRS 200.710 to 200.730, inclusive.

9. Incest pursuant to NRS 201.180.

10. Solicitation of a minor to engage in acts constituting the

infamous crime against nature pursuant to NRS 201.195.

11. Open or gross lewdness pursuant to NRS 201.210.

12. Indecent or obscene exposure pursuant to NRS 201.220.

13. Lewdness with a child pursuant to NRS 201.230.

14. Sexual penetration of a dead human body pursuant to

NRS 201.450.

15. Luring a child [using a computer, system or network] or

mentally ill person pursuant to NRS 201.560, if punished as a

felony.

16. [Annoyance or molestation of a minor pursuant to

NRS 207.260.

17.] An attempt to commit an offense listed in subsections 1 to

[16, inclusive.

18.] 15, inclusive.

17. An offense that is determined to be sexually motivated

pursuant to NRS 175.547 or 207.193.

[19.] 18. An offense committed in another jurisdiction that, if

committed in this state, would be an offense listed in this section.

This subsection includes, but is not limited to, an offense prosecuted

in:

(a) A tribal court.

(b) A court of the United States or the Armed Forces of the

United States.

[20.] 19. An offense of a sexual nature committed in another

jurisdiction, whether or not the offense would be an offense listed in

this section, if the person who committed the offense resides or has

resided or is or has been a student or worker in any jurisdiction in

which the person is or has been required by the laws of that

jurisdiction to register as a sex offender because of the offense. This

subsection includes, but is not limited to, an offense prosecuted in:

(a) A tribal court.

(b) A court of the United States or the Armed Forces of the

United States.

Sec. 19. NRS 179D.610 is hereby amended to read as follows:

179D.610 1. “Sex offender” means a person who, after

July 1, 1956, is or has been:

(a) Convicted of a sexual offense listed in NRS 179D.620; or

(b) Adjudicated delinquent or found guilty by a court having

jurisdiction over juveniles of a sexual offense listed in subsection

[20] 19 of NRS 179D.620.

2. The term includes, but is not limited to:

(a) A sexually violent predator.

(b) A nonresident sex offender who is a student or worker

within this state.

Sec. 20. NRS 179D.620 is hereby amended to read as follows:

179D.620 “Sexual offense” means any of the following

offenses:

1. Murder of the first degree committed in the perpetration or

attempted perpetration of sexual assault or of sexual abuse or sexual

molestation of a child less than 14 years of age pursuant to

paragraph (b) of subsection 1 of NRS 200.030.

2. Sexual assault pursuant to NRS 200.366.

3. Statutory sexual seduction pursuant to NRS 200.368, if

punished as a felony.

4. Battery with intent to commit sexual assault pursuant to

NRS 200.400.

5. An offense involving the administration of a drug to another

person with the intent to enable or assist the commission of a felony

pursuant to NRS 200.405, if the felony is an offense listed in this

section.

6. An offense involving the administration of a controlled

substance to another person with the intent to enable or assist the

commission of a crime of violence pursuant to NRS 200.408, if the

crime of violence is an offense listed in this section.

7. Abuse of a child pursuant to NRS 200.508, if the abuse

involved sexual abuse or sexual exploitation and is punished as a

felony.

8. An offense involving pornography and a minor pursuant to

NRS 200.710 to 200.730, inclusive.

9. Incest pursuant to NRS 201.180.

10. Solicitation of a minor to engage in acts constituting the

infamous crime against nature pursuant to NRS 201.195, if punished

as a felony.

11. Open or gross lewdness pursuant to NRS 201.210, if

punished as a felony.

12. Indecent or obscene exposure pursuant to NRS 201.220, if

punished as a felony.

13. Lewdness with a child pursuant to NRS 201.230.

14. Sexual penetration of a dead human body pursuant to

NRS 201.450.

15. Luring a child [using a computer, system or network] or

mentally ill person pursuant to NRS 201.560, if punished as a

felony.

16. [Annoyance or molestation of a minor pursuant to NRS

207.260, if punished as a felony.

17.] An attempt to commit an offense listed in subsections 1 to

[16,] 15, inclusive, if punished as a felony.

[18.] 17. An offense that is determined to be sexually

motivated pursuant to NRS 175.547 or 207.193.

[19.] 18. An offense committed in another jurisdiction that, if

committed in this state, would be an offense listed in this section.

This subsection includes, but is not limited to, an offense prosecuted

in:

(a) A tribal court.

(b) A court of the United States or the Armed Forces of the

United States.

[20.] 19. An offense of a sexual nature committed in another

jurisdiction and punished as a felony, whether or not the offense

would be an offense listed in this section, if the person who

committed the offense resides or has resided or is or has been a

student or worker in any jurisdiction in which the person is or has

been required by the laws of that jurisdiction to register as a sex

offender because of the offense. This subsection includes, but is not

limited to, an offense prosecuted in:

(a) A tribal court.

(b) A court of the United States or the Armed Forces of the

United States.

Sec. 21. NRS 213.107 is hereby amended to read as follows:

213.107 As used in NRS 213.107 to 213.157, inclusive, unless

the context otherwise requires:

1. “Board” means the State Board of Parole Commissioners.

2. “Chief” means the Chief Parole and Probation Officer.

3. “Division” means the Division of Parole and Probation of

the Department of Public Safety.

4. “Residential confinement” means the confinement of a

person convicted of a crime to his place of residence under the terms

and conditions established by the board.

5. “Sex offender” means any person who has been or is

convicted of a sexual offense.

6. “Sexual offense” means:

(a) A violation of NRS 200.366, subsection 4 of NRS 200.400,

NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS

201.180, paragraph (a) or subparagraph (2) of paragraph (b) of

subsection 1 of NRS 201.195, NRS 201.230 or 201.450, or

paragraph (a) or (b) of subsection [3] 4 or paragraph (a) or (b) of

subsection 5 of NRS 201.560;

(b) An attempt to commit any offense listed in paragraph (a); or

the first or second degree, false imprisonment, burglary or invasion

of the home if the act is determined to be sexually motivated at a

hearing conducted pursuant to NRS 175.547.

7. “Standards” means the objective standards for granting or

revoking parole or probation which are adopted by the Board or the

Chief.

Sec. 22. NRS 213.1214 is hereby amended to read as follows:

213.1214 1. The Board shall not release on parole a prisoner

convicted of an offense listed in subsection 5 unless a panel

consisting of:

(a) The Administrator of the Division of Mental Health and

Developmental Services of the Department of Human Resources or

his designee;

(b) The Director of the Department of Corrections or his

designee; and

psychiatrist licensed to practice medicine in this state,

certifies that the prisoner was under observation while confined in

an institution of the Department of Corrections and does not

represent a high risk to reoffend based upon a currently accepted

standard of assessment.

2. A prisoner who has been certified pursuant to subsection 1

and who returns for any reason to the custody of the Department of

Corrections may not be paroled unless a panel recertifies him in the

manner set forth in subsection 1.

3. The panel may revoke the certification of a prisoner certified

pursuant to subsection 1 at any time.

4. This section does not create a right in any prisoner to be

certified or to continue to be certified. No prisoner may bring a

cause of action against the State, its political subdivisions, or the

agencies, boards, commissions, departments, officers or employees

of the State or its political subdivisions for not certifying a prisoner

pursuant to this section or for refusing to place a prisoner before a

panel for certification pursuant to this section.

5. The provisions of this section apply to a prisoner convicted

of any of the following offenses:

(a) Sexual assault pursuant to NRS 200.366.

(b) Statutory sexual seduction pursuant to NRS 200.368.

NRS 200.400.

(d) Abuse or neglect of a child pursuant to NRS 200.508.

(e) An offense involving pornography and a minor pursuant to

NRS 200.710 to 200.730, inclusive.

(f) Incest pursuant to NRS 201.180.

(g) Solicitation of a minor to engage in acts constituting the

infamous crime against nature pursuant to NRS 201.195.

(h) Open or gross lewdness pursuant to NRS 201.210.

(i) Indecent or obscene exposure pursuant to NRS 201.220.

(j) Lewdness with a child pursuant to NRS 201.230.

(k) Sexual penetration of a dead human body pursuant to

NRS 201.450.

(l) Luring a child [using a computer, system or network] or

mentally ill person pursuant to NRS 201.560, if punished as a

felony.

(m) An attempt to commit an offense listed in paragraphs (a) to

[(m),] (l), inclusive.

(n) Coercion or attempted coercion that is determined to be

sexually motivated pursuant to NRS 207.193.

Sec. 23. NRS 213.1255 is hereby amended to read as follows:

213.1255 1. In addition to any conditions of parole required

to be imposed pursuant to NRS 213.1245, as a condition of

releasing on parole a prisoner who was convicted of committing an

offense listed in subsection 2 against a child under the age of 14

years, the Board shall, when appropriate:

(a) Require the parolee to participate in psychological

counseling;

(b) Prohibit the parolee from being alone with a child unless

another adult who has never been convicted of a sexual offense is

present; and

place that is primarily designed for use by or for children, including,

without limitation, a public or private school, a center or facility that

provides day care services, a video arcade and an amusement park.

2. The provisions of subsection 1 apply to a prisoner who was

convicted of:

(a) Sexual assault pursuant to paragraph (c) of subsection 3 of

NRS 200.366;

(b) Abuse or neglect of a child pursuant to subparagraph (1) of

paragraph (a) of subsection 1 or subparagraph (1) of paragraph (a)

of subsection 2 of NRS 200.508;

NRS 200.750;

(d) Solicitation of a minor to engage in acts constituting the

infamous crime against nature pursuant to subparagraph (1) of

paragraph (a) of subsection 1 of NRS 201.195;

(e) Lewdness with a child pursuant to NRS 201.230;

(f) Luring a child [using a computer, system or network] or

mentally ill person pursuant to NRS 201.560, if punished as a

felony; or

(g) Any combination of the crimes listed in paragraphs (a) to (f),

inclusive.

Sec. 24. NRS 213.1258 is hereby amended to read as follows:

213.1258 1. Except as otherwise provided in subsection 2, if

the Board releases on parole a prisoner convicted of stalking with

the use of an Internet or network site or electronic mail or any other

similar means of communication pursuant to subsection 3 of NRS

200.575, an offense involving pornography and a minor pursuant to

NRS 200.710 to 200.730, inclusive, or luring a child [using] or

mentally ill person through the use of a computer, system or

network pursuant to paragraph (a) or (b) of subsection [3] 4 of NRS

201.560, the Board shall, in addition to any other condition of

parole, require as a condition of parole that the parolee not own or

use a computer, including, without limitation, use electronic mail, a

chat room or the Internet.

2. The Board is not required to impose a condition of parole set

forth in subsection 1 if the Board finds that:

(a) The use of a computer by the parolee will assist a law

enforcement agency or officer in a criminal investigation;

(b) The parolee will use the computer to provide technological

training concerning technology of which the defendant has a unique

knowledge; or

that require the use of the specific technological knowledge of the

parolee that is unique and is otherwise unavailable to the company.

3. Except as otherwise provided in subsection 1, if the Board

releases on parole a prisoner convicted of an offense that involved

the use of a computer, system or network, the Board may, in

addition to any other condition of parole, require as a condition of

parole that the parolee not own or use a computer, including,

without limitation, use electronic mail, a chat room or the Internet.

4. As used in this section:

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

(b) “Network” has the meaning ascribed to it in NRS 205.4745.

Sec. 25. 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 , 201.540, 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. 26. 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 , 201.540,

201.560 or 207.260 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. 27. NRS 391.330 is hereby amended to read as follows:

391.330 The State Board may suspend or revoke the license of

any teacher, administrator or other licensed employee, after notice

and an opportunity for hearing have been provided pursuant to NRS

391.322 and 391.323, for:

1. Immoral or unprofessional conduct.

2. Evident unfitness for service.

3. Physical or mental incapacity which renders the teacher,

administrator or other licensed employee unfit for service.

4. Conviction of a felony or crime involving moral turpitude.

5. Conviction of a sex offense under NRS 200.366, 200.368,

201.190, 201.220, 201.230 , 201.540 or [207.260] 201.560 in which

a pupil enrolled in a school of a county school district was the

victim.

6. Knowingly advocating the overthrow of the Federal

Government or of the State of Nevada by force, violence or

unlawful means.

7. Persistent defiance of or refusal to obey the regulations of

the State Board, the Commission or the Superintendent of Public

Instruction, defining and governing the duties of teachers,

administrators and other licensed employees.

8. Breaches in the security or confidentiality of the questions

and answers of the achievement and proficiency examinations that

are administered pursuant to NRS 389.015.

9. Intentional failure to observe and carry out the requirements

of a plan to ensure the security of examinations adopted pursuant to

NRS 389.616 or 389.620.

10. An intentional violation of NRS 388.5265 or 388.527.

Sec. 28. NRS 432B.100 is hereby amended to read as follows:

432B.100 “Sexual abuse” includes acts upon a child

constituting:

1. Incest under NRS 201.180;

2. Lewdness with a child under NRS 201.230;

3. [Annoyance or molestation of a child under NRS 207.260;

4.] Sado-masochistic abuse under NRS 201.262;

[5.] 4. Sexual assault under NRS 200.366;

[6.] 5. Statutory sexual seduction under NRS 200.368;

[7.] 6. Open or gross lewdness under NRS 201.210; and

[8.] 7. Mutilation of the genitalia of a female child, aiding,

abetting, encouraging or participating in the mutilation of the

genitalia of a female child, or removal of a female child from this

state for the purpose of mutilating the genitalia of the child under

NRS 200.5083.

Sec. 29. NRS 453.322 is hereby amended to read as follows:

453.322 1. Except as authorized by the provisions of NRS

453.011 to 453.552, inclusive, it is unlawful for a person to[:]

knowingly or intentionally:

(a) Manufacture or compound a controlled substance other than

marijuana . [;]

(b) Possess [a majority of the ingredients required] , with the

intent to manufacture or compound a controlled substance other

than marijuana[, unless he is] :

(1) Any chemical identified in subsection 4; or

(2) Any other chemical which is proven by expert testimony

to be commonly used in manufacturing or compounding a

controlled substance other than marijuana. The district attorney

may present expert testimony to provide a prima facie case that

any chemical, whether or not it is a chemical identified in

subsection 4, is commonly used in manufacturing or

compounding such a controlled substance.

The provisions of this paragraph do not apply to a person who,

without the intent to commit an unlawful act, possesses any

chemical at a laboratory that is licensed to store [such ingredients;

or] the chemical.

or (b).

2. Unless a greater penalty is provided in NRS 453.3385 or

453.3395, a person who violates [the provisions] any provision of

subsection 1 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 3 years and a maximum term of not more than 15 years, and

may be further punished by a fine of not more than $100,000.

3. The court shall not grant probation to a person convicted

pursuant to this section.

4. The following chemicals are identified for the purposes of

subsection 1:

(a) Acetic anhydride.

(b) Acetone.

(d) Anthranilic acid, its esters and its salts.

(e) Benzaldehyde, its salts, isomers and salts of isomers.

(f) Benzyl chloride.

(g) Benzyl cyanide.

(h) 1,4-Butanediol.

(i) 2-Butanone (or methyl ethyl ketone or MEK).

(j) Ephedrine, its salts, isomers and salts of isomers.

(k) Ergonovine and its salts.

(l) Ergotamine and its salts.

(m) Ethylamine, its salts, isomers and salts of isomers.

(n) Ethyl ether.

(o) Gamma butyrolactone.

(p) Hydriodic acid, its salts, isomers and salts of isomers.

(q) Hydrochloric gas.

(r) Iodine.

(s) Isosafrole, its salts, isomers and salts of isomers.

(t) Methylamine, its salts, isomers and salts of isomers.

(u) 3,4-Methylenedioxy-phenyl-2-propanone.

(v) N-Methylephedrine, its salts, isomers and salts of isomers.

(w) Methyl isobutyl ketone (MIBK).

(x) N-Methylpseudoephedrine, its salts, isomers and salts of

isomers.

(y) Nitroethane, its salts, isomers and salts of isomers.

(z) Norpseudoephedrine, its salts, isomers and salts of isomers.

(aa) Phenylacetic acid, its esters and its salts.

(bb) Phenylpropanolamine, its salts, isomers and salts of

isomers.

(cc) Piperidine and its salts.

(dd) Piperonal, its salts, isomers and salts of isomers.

(ee) Potassium permanganate.

(ff) Propionic anhydride, its salts, isomers and salts of isomers.

(gg) Pseudoephedrine, its salts, isomers and salts of isomers.

(hh) Red phosphorous.

(ii) Safrole, its salts, isomers and salts of isomers.

(jj) Sulfuric acid.

(kk) Toluene.

Sec. 30. This act becomes effective upon passage and

approval.

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