Senate Bill No. 42–Committee on Judiciary

 

Prefiled January 30, 2003

____________

 

Referred to Committee on Finance

 

SUMMARY—Enacts provisions pertaining to problem gambling. (BDR 41‑73)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Contains Appropriation not included in Executive Budget.

 

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

 

AN ACT relating to gaming; revising the membership of the Gaming Policy Committee to include a representative of the Nevada Council on Problem Gambling; requiring the State Board of Education to adopt regulations regarding the establishment and applicability of a course of study concerning the prevention of problem gambling; creating the Revolving Account to Support Programs for the Prevention and Treatment of Problem Gambling; making an appropriation to the Account; providing for the establishment by a district court of a program for the treatment of offenders suffering from problem gambling; 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. NRS 463.021 is hereby amended to read as follows:

1-2  463.021  1.  The Gaming Policy Committee, consisting of the

1-3  Governor as Chairman and [10] 11 members, is hereby created.

1-4  2.  The Committee must be composed of:

1-5  (a) One member of the Commission, designated by the

1-6  Chairman of the Commission;

1-7  (b) One member of the Board, designated by the Chairman of

1-8  the Board;

2-1  (c) One member of the Senate appointed by the Legislative

2-2  Commission;

2-3  (d) One member of the Assembly appointed by the Legislative

2-4  Commission;

2-5  (e) One enrolled member of a Nevada Indian tribe appointed by

2-6  the Inter-Tribal Council of Nevada, Inc.; [and]

2-7  (f) One nonvoting member who is a representative of the

2-8  Nevada Council on Problem Gambling, designated by the

2-9  Council; and

2-10      (g) Five members appointed by the Governor for terms of 2

2-11  years as follows:

2-12          (1) Two representatives of the general public;

2-13          (2) Two representatives of nonrestricted gaming licensees;

2-14  and

2-15          (3) One representative of restricted gaming licensees.

2-16      3.  Members who are appointed by the Governor serve at the

2-17  pleasure of the Governor.

2-18      4.  Members who are Legislators serve terms beginning when

2-19  the Legislature convenes and continuing until the next regular

2-20  session of the Legislature is convened.

2-21      5.  Except as otherwise provided in subsection 6, the Governor

2-22  may call meetings of the Gaming Policy Committee for

2-23  the exclusive purpose of discussing matters of gaming policy. The

2-24  recommendations concerning gaming policy made by the

2-25  Committee pursuant to this subsection are advisory and not binding

2-26  on the Board or the Commission in the performance of their duties

2-27  and functions.

2-28      6.  An appeal filed pursuant to NRS 463.3088 may be

2-29  considered only by a review panel of the Committee. The review

2-30  panel must consist of the members of the Committee who are

2-31  identified in paragraphs (a), (b) and (e) of subsection 2 and

2-32  subparagraph (1) of paragraph [(f)] (g) of subsection 2.

2-33      Sec. 2.  NRS 176A.500 is hereby amended to read as follows:

2-34      176A.500  1.  The period of probation or suspension of

2-35  sentence may be indeterminate or may be fixed by the court and

2-36  may at any time be extended or terminated by the court, but the

2-37  period, including any extensions thereof, must not be more than:

2-38      (a) Three years for a:

2-39          (1) Gross misdemeanor; or

2-40          (2) Suspension of sentence pursuant to NRS 176A.260 [or

2-41  453.3363;] , 453.3363 or section 17 of this act; or

2-42      (b) Five years for a felony.

2-43      2.  At any time during probation or suspension of sentence, the

2-44  court may issue a warrant for violating any of the conditions of

2-45  probation or suspension of sentence and cause the defendant to be

3-1  arrested. Except for the purpose of giving a dishonorable discharge

3-2  from probation, and except as otherwise provided in this subsection,

3-3  the time during which a warrant for violating any of the conditions

3-4  of probation is in effect is not part of the period of probation. If the

3-5  warrant is canceled or probation is reinstated, the court may include

3-6  any amount of that time as part of the period of probation.

3-7  3.  Any parole and probation officer or any peace officer with

3-8  power to arrest may arrest a probationer without a warrant, or may

3-9  deputize any other officer with power to arrest to do so by giving

3-10  him a written statement setting forth that the probationer has, in the

3-11  judgment of the parole and probation officer, violated the conditions

3-12  of probation. Except as otherwise provided in subsection 4, the

3-13  parole and probation officer, or the peace officer, after making an

3-14  arrest shall present to the detaining authorities, if any, a statement of

3-15  the charges against the probationer. The parole and probation officer

3-16  shall at once notify the court which granted probation of the arrest

3-17  and detention or residential confinement of the probationer and shall

3-18  submit a report in writing showing in what manner the probationer

3-19  has violated the conditions of probation.

3-20      4.  A parole and probation officer or a peace officer may

3-21  immediately release from custody without any further proceedings

3-22  any person he arrests without a warrant for violating a condition of

3-23  probation if the parole and probation officer or peace officer

3-24  determines that there is no probable cause to believe that the person

3-25  violated the condition of probation.

3-26      Sec. 3.  NRS 179.245 is hereby amended to read as follows:

3-27      179.245  1.  Except as otherwise provided in subsection 5 and

3-28  NRS 176A.265, 179.259 and 453.3365, and section 18 of this act, a

3-29  person may petition the court in which he was convicted for the

3-30  sealing of all records relating to a conviction of:

3-31      (a) A category A or B felony after 15 years from the date of his

3-32  release from actual custody or discharge from parole or probation,

3-33  whichever occurs later;

3-34      (b) A category C or D felony after 12 years from the date of his

3-35  release from actual custody or discharge from parole or probation,

3-36  whichever occurs later;

3-37      (c) A category E felony after 10 years from the date of his

3-38  release from actual custody or discharge from parole or probation,

3-39  whichever occurs later;

3-40      (d) Any gross misdemeanor after 7 years from the date of his

3-41  release from actual custody or discharge from probation, whichever

3-42  occurs later;

3-43      (e) A violation of NRS 484.379 other than a felony, or a battery

3-44  which constitutes domestic violence pursuant to NRS 33.018 other

3-45  than a felony, after 7 years from the date of his release from actual

4-1  custody or from the date when he is no longer under a suspended

4-2  sentence, whichever occurs later; or

4-3  (f) Any other misdemeanor after 3 years from the date of his

4-4  release from actual custody or from the date when he is no longer

4-5  under a suspended sentence, whichever occurs later.

4-6  2.  A petition filed pursuant to subsection 1 must:

4-7  (a) Be accompanied by current, verified records of the

4-8  petitioner’s criminal history received from:

4-9       (1) The Central Repository for Nevada Records of Criminal

4-10  History; and

4-11          (2) The local law enforcement agency of the city or county in

4-12  which the conviction was entered;

4-13      (b) Include a list of any other public or private agency,

4-14  company, official or other custodian of records that is reasonably

4-15  known to the petitioner to have possession of records of the

4-16  conviction and to whom the order to seal records, if issued, will be

4-17  directed; and

4-18      (c) Include information that, to the best knowledge and belief of

4-19  the petitioner, accurately and completely identifies the records to be

4-20  sealed.

4-21      3.  Upon receiving a petition pursuant to this section, the court

4-22  shall notify the law enforcement agency that arrested the petitioner

4-23  for the crime and:

4-24      (a) If the person was convicted in a district court or justice’s

4-25  court, the prosecuting attorney for the county; or

4-26      (b) If the person was convicted in a municipal court, the

4-27  prosecuting attorney for the city.

4-28  The prosecuting attorney and any person having relevant evidence

4-29  may testify and present evidence at the hearing on the petition.

4-30      4.  If, after the hearing, the court finds that, in the period

4-31  prescribed in subsection 1, the petitioner has not been charged with

4-32  any offense for which the charges are pending or convicted of any

4-33  offense, except for minor moving or standing traffic violations, the

4-34  court may order sealed all records of the conviction which are in the

4-35  custody of the court, of another court in the State of Nevada or of a

4-36  public or private agency, company or official in the State of Nevada,

4-37  and may also order all such criminal identification records of the

4-38  petitioner returned to the file of the court where the proceeding was

4-39  commenced from, including, but not limited to, the Federal Bureau

4-40  of Investigation, the California Bureau of Criminal Identification

4-41  and Information, sheriffs’ offices and all other law enforcement

4-42  agencies reasonably known by either the petitioner or the court to

4-43  have possession of such records.

4-44      5.  A person may not petition the court to seal records relating

4-45  to a conviction of a crime against a child or a sexual offense.

5-1  6.  If the court grants a petition for the sealing of records

5-2  pursuant to this section, upon the request of the person whose

5-3  records are sealed, the court may order sealed all records of the civil

5-4  proceeding in which the records were sealed.

5-5  7.  As used in this section:

5-6  (a) “Crime against a child” has the meaning ascribed to it in

5-7  NRS 179D.210.

5-8  (b) “Sexual offense” means:

5-9       (1) Murder of the first degree committed in the perpetration

5-10  or attempted perpetration of sexual assault or of sexual abuse or

5-11  sexual molestation of a child less than 14 years of age pursuant to

5-12  paragraph (b) of subsection 1 of NRS 200.030.

5-13          (2) Sexual assault pursuant to NRS 200.366.

5-14          (3) Statutory sexual seduction pursuant to NRS 200.368, if

5-15  punishable as a felony.

5-16          (4) Battery with intent to commit sexual assault pursuant to

5-17  NRS 200.400.

5-18          (5) An offense involving the administration of a drug to

5-19  another person with the intent to enable or assist the commission of

5-20  a felony pursuant to NRS 200.405, if the felony is an offense listed

5-21  in this paragraph.

5-22          (6) An offense involving the administration of a controlled

5-23  substance to another person with the intent to enable or assist the

5-24  commission of a crime of violence pursuant to NRS 200.408, if the

5-25  crime of violence is an offense listed in this paragraph.

5-26          (7) Abuse of a child pursuant to NRS 200.508, if the abuse

5-27  involved sexual abuse or sexual exploitation.

5-28          (8) An offense involving pornography and a minor pursuant

5-29  to NRS 200.710 to 200.730, inclusive.

5-30          (9) Incest pursuant to NRS 201.180.

5-31          (10) Solicitation of a minor to engage in acts constituting the

5-32  infamous crime against nature pursuant to NRS 201.195.

5-33          (11) Open or gross lewdness pursuant to NRS 201.210, if

5-34  punishable as a felony.

5-35          (12) Indecent or obscene exposure pursuant to NRS 201.220,

5-36  if punishable as a felony.

5-37          (13) Lewdness with a child pursuant to NRS 201.230.

5-38          (14) Sexual penetration of a dead human body pursuant to

5-39  NRS 201.450.

5-40          (15) Annoyance or molestation of a minor pursuant to

5-41  NRS 207.260.

5-42          (16) An attempt to commit an offense listed in subparagraphs

5-43  (1) to (15), inclusive.

 

 

6-1  Sec. 4.  NRS 179.275 is hereby amended to read as follows:

6-2  179.275  Where the court orders the sealing of a record

6-3  pursuant to NRS 176A.265, 179.245, 179.255, 179.259 or 453.3365,

6-4  or section 18 of this act, a copy of the order must be sent to:

6-5  1.  The Central Repository for Nevada Records of Criminal

6-6  History; and

6-7  2.  Each public or private company, agency or official named in

6-8  the order, and that person shall seal the records in his custody which

6-9  relate to the matters contained in the order, shall advise the court of

6-10  his compliance, and shall then seal the order.

6-11      Sec. 5.  NRS 179.285 is hereby amended to read as follows:

6-12      179.285  Except as otherwise provided in NRS 179.301, if the

6-13  court orders a record sealed pursuant to NRS 176A.265, 179.245,

6-14  179.255, 179.259 or 453.3365[:] or section 18 of this act:

6-15      1.  All proceedings recounted in the record are deemed never to

6-16  have occurred, and the person to whom the order pertains may

6-17  properly answer accordingly to any inquiry concerning the arrest,

6-18  conviction, dismissal or acquittal and the events and proceedings

6-19  relating to the arrest, conviction, dismissal or acquittal.

6-20      2.  The court shall order the civil rights of the person to whom

6-21  the order pertains to be restored if the person has not been restored

6-22  to his civil rights.

6-23      Sec. 6.  NRS 179.295 is hereby amended to read as follows:

6-24      179.295  1.  The person who is the subject of the records that

6-25  are sealed pursuant to NRS 176A.265, 179.245, 179.255, 179.259 or

6-26  453.3365 or section 18 of this act may petition the court that

6-27  ordered the records sealed to permit inspection of the records by a

6-28  person named in the petition, and the court may order such

6-29  inspection. Except as otherwise provided in this section and NRS

6-30  179.259 and 179.301, the court may not order the inspection of the

6-31  records under any other circumstances.

6-32      2.  If a person has been arrested, the charges have been

6-33  dismissed and the records of the arrest have been sealed, the court

6-34  may order the inspection of the records by a prosecuting attorney

6-35  upon a showing that as a result of newly discovered evidence, the

6-36  person has been arrested for the same or similar offense and that

6-37  there is sufficient evidence reasonably to conclude that he will stand

6-38  trial for the offense.

6-39      3.  The court may, upon the application of a prosecuting

6-40  attorney or an attorney representing a defendant in a criminal action,

6-41  order an inspection of such records for the purpose of obtaining

6-42  information relating to persons who were involved in the incident

6-43  recorded.

6-44      4.  This section does not prohibit a court [form] from

6-45  considering a conviction for which records have been sealed

7-1  pursuant to NRS 176A.265, 179.245, 179.255, 179.259 or 453.3365

7-2  or section 18 of this act in determining whether to grant a petition

7-3  pursuant to NRS 176A.265, 179.245, 179.255, 179.259 or 453.3365

7-4  or section 18 of this act for a conviction of another offense.

7-5  Sec. 7.  NRS 389.0185 is hereby amended to read as follows:

7-6  389.0185  The State Board shall adopt regulations establishing

7-7  courses of study and the grade levels for which the courses of study

7-8  apply for:

7-9  1.  The academic subjects set forth in NRS 389.018.

7-10      2.  Citizenship and physical training for pupils enrolled in high

7-11  school.

7-12      3.  Physiology, hygiene and cardiopulmonary resuscitation.

7-13      4.  The prevention of suicide.

7-14      5.  Instruction relating to child abuse.

7-15      6.  The economics of the American system of free enterprise.

7-16      7.  The prevention of problem gambling.

7-17      8.  American Sign Language.

7-18      [8.] 9. Environmental education.

7-19      [9.] 10. Adult roles and responsibilities.

7-20  A course of study established for subsection 1 may include one or

7-21  more of the subjects listed in subsections 2 to [9,] 10, inclusive.

7-22      Sec. 8.  Title 40 of NRS is hereby amended by adding thereto a

7-23  new chapter to consist of the provisions set forth as sections 9 to 18,

7-24  inclusive, of this act.

7-25      Sec. 9.  As used in sections 10 to 15, inclusive, of this act,

7-26  unless the context otherwise requires, the words and terms defined

7-27  in sections 10 and 11 of this act have the meanings ascribed to

7-28  them in those sections.

7-29      Sec. 10.  “Account” means the Revolving Account to Support

7-30  Programs for the Prevention and Treatment of Problem

7-31  Gambling.

7-32      Sec. 11.  “Director” means the Director of the Department of

7-33  Human Resources.

7-34      Sec. 12.  The Revolving Account to Support Programs for the

7-35  Prevention and Treatment of Problem Gambling is hereby created

7-36  in the State General Fund.

7-37      Sec. 13.  1.  The Director shall administer the Account.

7-38      2.  The money in the Account must be expended only to make

7-39  grants to qualified organizations or persons that provide programs

7-40  for the prevention and treatment of problem gambling.

7-41      3.  The existence of the Account does not create a right in any

7-42  person to receive money from the Account.

7-43      4.  On or before January 31 of each year, the Director shall

7-44  submit to the Director of the Legislative Counsel Bureau a written

7-45  report concerning any grants made during the previous year to

8-1  qualified organizations or persons that provide programs for the

8-2  prevention and treatment of problem gambling.

8-3  Sec. 14.  1.  The Director may apply for and accept any gift,

8-4  donation, bequest, grant or other source of money. Any money so

8-5  received must be deposited in the Account.

8-6  2.  The interest and income earned on money in the Account

8-7  from any gift, donation or bequest, after deducting any applicable

8-8  charges, must be credited to the Account.

8-9  3.  Money from any gift, donation or bequest that remains in

8-10  the Account at the end of the fiscal year does not revert to the

8-11  State General Fund, and the balance in the Account must be

8-12  carried forward to the next fiscal year.

8-13      Sec. 15.  1.  The Director shall adopt regulations to carry

8-14  out the provisions of sections 13 and 14 of this act.

8-15      2.  The regulations adopted by the Director must include,

8-16  without limitation:

8-17      (a) The procedure by which qualified organizations or persons

8-18  may apply for a grant of money from the Account;

8-19      (b) The criteria that the Director will consider in determining

8-20  whether to award such a grant of money from the Account; and

8-21      (c) Procedures to distribute the money in the Account in a fair

8-22  and equitable manner.

8-23      Sec. 16.  A district court may establish an appropriate

8-24  program for the treatment of problem gambling to which it may

8-25  assign a defendant pursuant to section 17 of this act. The

8-26  assignment must include the terms and conditions for successful

8-27  completion of the program and provide for progress reports at

8-28  intervals set by the court to ensure that the defendant is making

8-29  satisfactory progress towards completion of the program.

8-30      Sec. 17.  1.  Except as otherwise provided in subsection 2, if

8-31  a defendant who suffers from problem gambling tenders a plea of

8-32  guilty or nolo contendere to, or is found guilty of, any offense for

8-33  which the suspension of sentence or the granting of probation is

8-34  not prohibited by statute, the court may, without entering a

8-35  judgment of conviction and with the consent of the defendant,

8-36  suspend further proceedings and place the defendant on probation

8-37  upon terms and conditions that must include attendance and

8-38  successful completion of a program established pursuant to

8-39  section 16 of this act.

8-40      2.  If the offense committed by the defendant involved the use

8-41  or threatened use of force or violence against a victim or if the

8-42  defendant was previously convicted in this state or in any other

8-43  jurisdiction of a felony that involved the use or threatened use of

8-44  force or violence against a victim, the court may not assign the

9-1  defendant to the program unless the prosecuting attorney

9-2  stipulates to the assignment.

9-3  3.  Upon violation of a term or condition:

9-4  (a) The court may enter a judgment of conviction and proceed

9-5  as provided in the section pursuant to which the defendant was

9-6  charged.

9-7  (b) Notwithstanding the provisions of paragraph (e) of

9-8  subsection 2 of NRS 193.130, the court may order the defendant to

9-9  the custody of the Department of Corrections if the offense is

9-10  punishable by imprisonment in the state prison.

9-11      4.  Upon fulfillment of the terms and conditions, the court

9-12  shall discharge the defendant and dismiss the proceedings against

9-13  him. Except as otherwise provided in subsection 5, discharge and

9-14  dismissal pursuant to this section is without adjudication of guilt

9-15  and is not a conviction for purposes of this section or for purposes

9-16  of employment, civil rights or any statute or regulation or license

9-17  or questionnaire or for any other public or private purpose, but is

9-18  a conviction for the purpose of additional penalties imposed for

9-19  second or subsequent convictions or the setting of bail. Discharge

9-20  and dismissal restores the defendant, in the contemplation of the

9-21  law, to the status occupied before the arrest, indictment or

9-22  information. The defendant may not be held thereafter under any

9-23  law to be guilty of perjury or otherwise giving a false statement by

9-24  reason of failure to recite or acknowledge that arrest, indictment,

9-25  information or trial in response to an inquiry made of him for any

9-26  purpose.

9-27      5.  A professional licensing board may consider a proceeding

9-28  under this section in determining suitability for a license or

9-29  liability to discipline for misconduct. Such a board is entitled for

9-30  those purposes to a truthful answer from the applicant or licensee

9-31  concerning any such proceeding with respect to him.

9-32      Sec. 18.  1.  Except as otherwise provided in subsection 3, 3

9-33  years after a defendant is discharged from probation pursuant to

9-34  section 17 of this act, the court shall order sealed all documents,

9-35  papers and exhibits in the defendant’s record, minute book entries

9-36  and entries on dockets, and other documents relating to the case in

9-37  the custody of such other agencies and officers as are named in

9-38  the court’s order if the defendant fulfills the terms and conditions

9-39  imposed by the court and the Division of Parole and Probation of

9-40  the Department of Public Safety. The court shall order those

9-41  records sealed without a hearing unless the Division petitions the

9-42  court, for good cause shown, not to seal the records and requests a

9-43  hearing thereon.

9-44      2.  If the court orders sealed the record of a defendant

9-45  discharged from probation pursuant to section 17 of this act, the

10-1  court shall send a copy of the order to each agency or officer

10-2  named in the order. Each such agency or officer shall notify the

10-3  court in writing of its compliance with the order.

10-4      3.  A professional licensing board is entitled, for the purpose

10-5  of determining suitability for a license or liability to discipline for

10-6  misconduct, to inspect and to copy from a record sealed pursuant

10-7  to this section.

10-8      Sec. 19.  There is hereby appropriated from the State General

10-9  Fund to the Revolving Account to Support Programs for the

10-10  Prevention and Treatment of Problem Gambling created pursuant to

10-11  section 12 of this act the sum of $250,000.

10-12     Sec. 20.  This act becomes effective on July 1, 2003.

 

10-13  H