[Rev. 1/30/2019 4:24:15 PM]
κ2013 Statutes of Nevada, Page 1041 (CHAPTER 244, SB 433)κ
(b) A warning that the motor vehicle fuel contains manganese or a manganese compound, including, without limitation, methylcyclopentadienyl manganese tricarbonyl; and
(c) A recommendation to consult the owners manual for the consumers motor vehicle before using the motor vehicle fuel.
Sec. 4. Any person, other than a retailer of motor vehicle fuel, who sells, offers for sale, assists in the sale of, delivers or transports motor vehicle fuel that contains manganese or any manganese compound must provide the purchaser, including without limitation, a retailer of motor vehicle fuel, with documentation expressly stating that the fuel contains manganese or a manganese compound and stating the volume of the compound expressed in milligrams per liter.
Sec. 5. NRS 590.020 is hereby amended to read as follows:
590.020 As used in NRS 590.010 to 590.330, inclusive, and sections 3 and 4 of this act, unless the context otherwise requires:
1. Additives means a substance to be added to a motor oil or lubricating oil to impart or improve desirable properties or to suppress undesirable properties.
2. Advertising medium means any sign, printed or written matter, or device for oral or visual communication.
3. Alternative fuel includes, without limitation, premium diesel fuel, B-5 diesel fuel, B-10 diesel fuel, B-20 diesel fuel, B-100 diesel fuel, M-85, M-100, E-85, E-100, liquefied petroleum gas, natural gas, reformulated gasoline, gasohol and oxygenated fuel.
4. Brand name means a name or logo that is used to identify a business or company.
5. Grade means:
(a) Regular, midgrade, plus, super, premium or words of similar meaning when describing a grade designation for gasoline.
(b) Diesel or words of similar meaning, including, without limitation, any specific type of diesel, when describing a grade designation for diesel motor fuel.
(c) M-85, M-100, E-85, E-100 or words of similar meaning when describing a grade designation for alternative fuel.
(d) Propane, liquefied petroleum gas, compressed natural gas, liquefied natural gas or words of similar meaning when describing pressurized gases.
6. Motor vehicle fuel means a petroleum product or alternative fuel used for internal combustion engines in motor vehicles.
7. Performance rating means the system adopted by the American Petroleum Institute for the classification of uses for which an oil is designed.
8. Petroleum products means gasoline, diesel fuel, burner fuel kerosene, lubricating oil, motor oil or any product represented as motor oil or lubricating oil. The term does not include liquefied petroleum gas, natural gas or motor oil additives.
9. Recycled oil means a petroleum product which is prepared from used motor oil or used lubricating oil. The term includes rerefined oil.
10. Rerefined oil means used oil which is refined after its previous use to remove from the oil any contaminants acquired during the previous use.
11. Used oil means any oil which has been refined from crude or synthetic oil and, as a result of use, has become unsuitable for its original purpose because of a loss of its original properties or the presence of impurities, but which may be suitable for another use or economically recycled.
κ2013 Statutes of Nevada, Page 1042 (CHAPTER 244, SB 433)κ
purpose because of a loss of its original properties or the presence of impurities, but which may be suitable for another use or economically recycled.
12. Viscosity grade classification means the measure of an oils resistance to flow at a given temperature according to the grade classification system of the Society of Automotive Engineers or other grade classification.
Sec. 6. The State Board of Agriculture shall adopt the regulations required by section 3 of this act on or before January 1, 2014.
Sec. 7. This act becomes effective upon passage and approval for the purpose of adopting regulations and on January 1, 2014, for all other purposes.
________
Senate Bill No. 437Committee on Government Affairs
CHAPTER 245
[Approved: May 28, 2013]
AN ACT relating to false claims; revising provisions relating to the distribution of money recovered in certain actions for false claims; revising the definition of a claim; increasing the minimum and maximum amounts of civil penalties for certain acts related to false claims; revising provisions relating to the statute of limitations for false claim actions; making various other changes to provisions relating to actions for false claims; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The federal Deficit Reduction Act of 2005, Public Law 109-171, enacted certain provisions concerning state plans for Medicaid. Section 6031 of the Act provides financial incentives for states that enact laws establishing liability for false or fraudulent claims made to the state plans for Medicaid. For a state to be eligible for these financial incentives, the laws of the state must contain provisions that are at least as effective at rewarding and facilitating certain actions for false or fraudulent claims as those described in certain provisions of federal law relating to false claims. (31 U.S.C. §§ 3730-3732) This bill amends existing Nevada law concerning the filing of false or fraudulent claims so that the laws of this State are at least as effective at rewarding and facilitating such actions as the provisions described in federal law.
Existing law governs the distribution of any recovery from a false claim action. (NRS 357.200-357.230) Section 5 of this bill authorizes a court to award not more than 10 percent of any recovery to a person who: (1) voluntarily discloses information on which the allegations in the action for a false claim are based before the public disclosure of such information; or (2) has knowledge of information that is independent of and materially adds to any publicly disclosed allegations or transactions and who voluntarily provides such information to the State or a political subdivision. Section 18 of this bill authorizes a court to reduce the recovery to which a private plaintiff is otherwise entitled if the private plaintiff planned or initiated the false claim on which the action is based and provides that if such a private plaintiff is convicted of criminal conduct related to a false claim, he or she is not entitled to any share of the recovery.
κ2013 Statutes of Nevada, Page 1043 (CHAPTER 245, SB 437)κ
Sections 2 and 3 of this bill, respectively, set forth definitions of the terms material and obligation. Section 7 of this bill amends the definition of claim.
Section 8 of this bill provides that a person who knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the State or a political subdivision is liable for damages and a civil penalty. Section 8 also increases the minimum and maximum amounts of civil penalties for which a person who commits certain acts related to false claims is liable.
Section 9 of this bill requires the Attorney General to investigate diligently any alleged liability for a false claim.
Existing law provides that a false claim action may be dismissed only with leave of the court. (NRS 357.080) Section 10 of this bill provides that a false claim action may be dismissed only with the written consent of the court and the Attorney General.
Section 12 of this bill provides that if the Attorney General or the Attorney Generals designee intervenes in a false claim action brought by a private plaintiff, the Attorney General or the designee may file a complaint or amend the complaint of the private plaintiff.
Section 13 of this bill provides that if the Attorney General or the Attorney Generals designee intends to settle a false claim action, the court is required to determine whether the proposed settlement is fair, adequate and reasonable under the circumstances.
Existing law authorizes the Attorney General or the Attorney Generals designee to intervene in an action in which he or she has previously declined to intervene upon a timely application to the court. (NRS 357.130) Section 14 of this bill provides that the Attorney General or the Attorney Generals designee may, for good cause shown, intervene in an action in which he or she has previously declined to intervene.
Section 15 of this bill reduces the amount of time that a defendant has to respond to a complaint in a false claim action from 30 days to 20 days.
Section 20 of this bill revises provisions relating to the liability of an employer who retaliates against an employee for taking any lawful action related to a false claim.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 357 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Material means having a natural tendency to influence or be capable of influencing the payment or receipt of money, property or services.
Sec. 3. Obligation means any established duty, regardless of whether the duty is a fixed duty, arising from:
1. An express or implied contractual relationship;
2. A relationship between a grantor and a grantee;
3. A relationship between a licensor and a licensee;
4. A fee-based or similar relationship;
5. A statute or regulation; or
6. The retention of any overpayment.
Sec. 4. Original source means a person:
1. Who voluntarily discloses to the State or a political subdivision the information on which the allegations in an action for a false claim are based before the public disclosure of the information; or
κ2013 Statutes of Nevada, Page 1044 (CHAPTER 245, SB 437)κ
2. Who has knowledge of information that is independent of and materially adds to the publicly disclosed allegations or transactions and who voluntarily provides such information to the State or political subdivision before bringing an action for a false claim based on the information.
Sec. 5. In an action brought pursuant to NRS 357.100 by an original source, the court may award not more than 10 percent of the recovery to the original source. In determining the amount to be awarded pursuant to this section, the court shall consider the role of the original source in advancing the claim to litigation.
Sec. 6. NRS 357.010 is hereby amended to read as follows:
357.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 357.020 and 357.030 and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 7. NRS 357.020 is hereby amended to read as follows:
357.020 1. Claim means [a] any request or demand , regardless of whether it is made under a contract or otherwise, for money, property or services [made to:
1. An] , regardless of whether the State or a political subdivision has title to the money or property, that is:
(a) Presented to an officer, employee or agent of this state or of a political subdivision of this state; or
[2. A]
(b) Made to a contractor, grantee or other recipient [of] if the money [from] , property or services are to be spent or used on behalf of the State or a political subdivision [of this state if any part of the money, property or services requested or demanded was provided by] and the State or political subdivision [.] :
(1) Provides or has provided any portion of the money, property or services that are requested or demanded; or
(2) Will reimburse the contractor, grantee or other recipient for any portion of the money, property or services that are requested or demanded.
2. The term does not include a request or demand for money or property that the State or a political subdivision has paid or provided to a natural person as:
(a) Compensation for employment; or
(b) An income subsidy with no restriction on the natural persons use of the money or property.
Sec. 8. NRS 357.040 is hereby amended to read as follows:
357.040 1. Except as otherwise provided in NRS 357.050, a person who, with or without specific intent to defraud, does any of the following listed acts is liable to the State or a political subdivision, whichever is affected, for [three times the amount of damages sustained by the State or political subdivision because of the act of that person, for the costs of a civil action brought to recover those damages and for a civil penalty of not less than $5,000 or more than $10,000 for each act:] the amounts set forth in subsection 2:
(a) Knowingly presents or causes to be presented a false or fraudulent claim for payment or approval.
(b) Knowingly makes or uses, or causes to be made or used, a false record or statement [to obtain payment or approval of] that is material to a false or fraudulent claim.
κ2013 Statutes of Nevada, Page 1045 (CHAPTER 245, SB 437)κ
(c) [Conspires to defraud by obtaining allowance or payment of a false claim.
(d)] Has possession, custody or control of public property or money used or to be used by the State or a political subdivision and knowingly delivers or causes to be delivered to the State or a political subdivision less money or property [than the amount for which the person receives a receipt.
(e)] than the amount of which the person has possession, custody or control.
(d) Is authorized to prepare or deliver a [receipt for] document that certifies receipt of money or property used or to be used by the State or a political subdivision and knowingly prepares or delivers such a [receipt that falsely represents the money or property.
(f)] document without knowing that the information on the document is true.
(e) Knowingly buys, or receives as a pledge or security for an obligation [,] or debt, public property from a person who is not authorized to sell or pledge the property.
[(g)] (f) Knowingly makes or uses, or causes to be made or used, a false record or statement [to conceal, avoid or decrease] that is material to an obligation to pay or transmit money or property to the State or a political subdivision.
(g) Knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the State or a political subdivision.
(h) Is a beneficiary of an inadvertent submission of a false claim and, after discovering the falsity of the claim, fails to disclose the falsity to the State or political subdivision within a reasonable time.
(i) Conspires to commit any of the acts set forth in this subsection.
2. For each act described in subsection 1 that is committed by a person, the person is liable for:
(a) Three times the amount of damages sustained by the State or political subdivision, whichever is affected, because of the act of the person;
(b) The costs of a civil action brought to recover the damages described in paragraph (a); and
(c) A civil penalty of not less than $5,500 or more than $11,000.
3. As used in this section, a person acts knowingly with respect to information if he or she:
(a) Has knowledge of the information;
(b) Acts in deliberate ignorance of whether the information is true or false; or
(c) Acts in reckless disregard of the truth or falsity of the information.
Sec. 9. NRS 357.070 is hereby amended to read as follows:
357.070 1. Except as otherwise provided in subsection 2, the Attorney General shall investigate diligently any alleged liability pursuant to this chapter and may bring a civil action pursuant to this chapter against the person liable.
2. A district attorney or city attorney may accept a designation from the Attorney General to investigate any alleged liability pursuant to this chapter and may bring a civil action pursuant to this chapter against the person liable.
κ2013 Statutes of Nevada, Page 1046 (CHAPTER 245, SB 437)κ
Sec. 10. NRS 357.080 is hereby amended to read as follows:
357.080 1. Except as otherwise provided in this section and NRS [357.090 and] 357.100, a private plaintiff may [maintain] bring an action pursuant to this chapter for a violation of NRS 357.040 on his or her own account and that of the State [if money, property or services provided by the State are involved, or on his or her own account and that of] or a political subdivision [if money, property or services provided by the political subdivision are involved, or on his or her own account and that of both the State and a political subdivision if both are involved.] , or both the State and a political subdivision. The action must be brought in the name of the State or the political subdivision, or both. After such an action is commenced, it may be dismissed only with [leave] written consent of the court [, taking] and the Attorney General. The court and the Attorney General shall take into account the public purposes of this chapter and the best interests of the parties [.] in dismissing the action or consenting to the dismissal, as applicable, and provide the reasons for dismissing the action or consenting to the dismissal, as applicable.
2. If a private plaintiff brings an action pursuant to this chapter, no [other] person other than the Attorney General or the Attorney Generals designee may intervene or bring [another] a related action pursuant to this chapter based on the [same] facts [.] underlying the first action.
3. An action may not be maintained by a private plaintiff pursuant to this chapter:
(a) Against a member of the Legislature or the Judiciary, an elected officer of the Executive Department of the State Government, or a member of the governing body of a political subdivision, if the action is based upon evidence or information known to the State or political subdivision at the time the action was brought.
(b) If the action is based upon allegations or transactions that are the subject of a civil action or an administrative proceeding for a monetary penalty to which the State or political subdivision is already a party.
4. A complaint filed pursuant to this section must be placed under seal and so remain for at least 60 days or until the Attorney General or a designee of the Attorney General pursuant to NRS 357.070 has elected whether to intervene. No service may be made upon the defendant until [the complaint is unsealed.] so ordered by the court.
5. On the date the private plaintiff files a complaint, he or she shall send a copy of the complaint to the Attorney General by mail with return receipt requested. The private plaintiff shall send with each copy of the complaint a written disclosure of substantially all [material] evidence and information he or she possesses. If a district attorney or city attorney has accepted a designation from the Attorney General pursuant to NRS 357.070, the Attorney General shall forward a copy of the complaint to the district attorney or city attorney, as applicable.
6. An action pursuant to this chapter may be brought in any judicial district in this State in which the defendant can be found, resides, transacts business or in which any of the alleged fraudulent activities occurred.
Sec. 11. NRS 357.100 is hereby amended to read as follows:
357.100 [1. No action may be maintained] Unless the Attorney General objects, a court shall dismiss an action or a claim made pursuant to this chapter that is [based upon the public disclosure of] substantially based on allegations or transactions [in] that have been disclosed publicly:
κ2013 Statutes of Nevada, Page 1047 (CHAPTER 245, SB 437)κ
1. In a criminal, civil or administrative hearing [, in] to which the State, a political subdivision, or an agent of the State or a political subdivision is a party;
2. In an investigation, report, hearing or audit conducted by or at the request of a house of the Legislature, an auditor or the governing body of a political subdivision ; [,] or [from]
3. By the news media,
Κ unless the action or claim is brought by the Attorney General, a designee of the Attorney General pursuant to NRS 357.070 or an original source of the information.
[2. As used in this section, original source means a person:
(a) Who has direct and independent knowledge of the information on which the allegations were based;
(b) Who voluntarily provided the information to the State or political subdivision before bringing an action based on the information; and
(c) Whose information provided the basis or caused the making of the investigation, hearing, audit or report that led to the public disclosure.]
Sec. 12. NRS 357.110 is hereby amended to read as follows:
357.110 1. Within 60 days after receiving a complaint and disclosure, the Attorney General or a designee of the Attorney General pursuant to NRS 357.070 may intervene and proceed with the action or, for good cause shown, move the court to extend the time for his or her election whether to proceed. The motion may be supported by affidavits or other submissions in chambers.
2. If the Attorney General or the Attorney Generals designee elects not to intervene, [the complaint must be unsealed. If the Attorney General or the Attorney Generals designee elects not to intervene,] the private plaintiff may proceed [and the complaint must be unsealed.] with the action.
3. If the Attorney General or the Attorney Generals designee elects to intervene, the Attorney General or the Attorney Generals designee may file his or her own complaint or amend the complaint of the private plaintiff who brought the action pursuant to NRS 357.080. For the purposes of the statute of limitations set forth in NRS 357.170, any such pleading relates back to the filing date of the complaint of the private plaintiff, to the extent that any claim made by the Attorney General or the Attorney Generals designee arises out of the conduct, transactions or occurrences set forth or attempted to be set forth in the prior complaint of the private plaintiff.
Sec. 13. NRS 357.120 is hereby amended to read as follows:
357.120 1. If the Attorney General or a designee of the Attorney General pursuant to NRS 357.070 intervenes, the private plaintiff remains a party to an action pursuant to NRS 357.080.
2. The Attorney General or the Attorney Generals designee may move to dismiss the action for good cause. The private plaintiff must be notified of the filing of the motion and is entitled to oppose it and present evidence at the hearing.
3. Except as otherwise provided in this subsection, the Attorney General or the Attorney Generals designee may settle the action. If the Attorney General or the Attorney Generals designee intends to settle the action, the Attorney General or the Attorney Generals designee shall notify the private plaintiff of that fact. Upon the request of the private plaintiff, the court shall determine whether the proposed settlement [of the action is consistent with the public purposes of this chapter and shall not approve the settlement of the action unless it determines that such settlement is consistent with the public purposes of this chapter.]
κ2013 Statutes of Nevada, Page 1048 (CHAPTER 245, SB 437)κ
consistent with the public purposes of this chapter and shall not approve the settlement of the action unless it determines that such settlement is consistent with the public purposes of this chapter.] is fair, adequate and reasonable under all the circumstances. Upon a showing for good cause, the court may hear the proposed settlement in camera.
Sec. 14. NRS 357.130 is hereby amended to read as follows:
357.130 1. If the Attorney General or a designee of the Attorney General pursuant to NRS 357.070 elects not to intervene in an action pursuant to NRS 357.080, the private plaintiff has the same rights in conducting the action as the Attorney General or the Attorney Generals designee would have had. A copy of each pleading or other paper filed in the action, and a copy of the transcript of each deposition taken, must be mailed to the Attorney General or the Attorney Generals designee if the Attorney General or the Attorney Generals designee so requests and pays the cost thereof.
2. [Upon timely application,] For good cause shown, the Attorney General or the Attorney Generals designee may intervene in an action in which he or she has previously declined to intervene, if the interest of the State or a political subdivision in recovery of the money or property involved is not being adequately represented by the private plaintiff.
3. If the Attorney General or the Attorney Generals designee so intervenes, the private plaintiff retains primary responsibility for conducting the action and any recovery must be apportioned as if the Attorney General or the Attorney Generals designee had not intervened.
Sec. 15. NRS 357.140 is hereby amended to read as follows:
357.140 The defendant is entitled to [30] 20 days in which to respond after a complaint filed pursuant to NRS 357.080 is unsealed and served upon the defendant.
Sec. 16. NRS 357.180 is hereby amended to read as follows:
357.180 1. If the Attorney General, a designee of the Attorney General pursuant to NRS 357.070 or a private plaintiff prevails in or settles an action pursuant to NRS 357.080, the private plaintiff is entitled to a reasonable amount for expenses that the court finds were necessarily incurred, including reasonable costs, attorneys fees and the fees of expert consultants and expert witnesses. Those expenses must be awarded against the defendant, and may not be allowed against the State or a political subdivision.
2. If the Attorney General or the Attorney Generals designee does not proceed with the action and the defendant prevails in the action [,] brought by a private plaintiff, the court may award the defendant reasonable expenses and attorneys fees against the party or parties who participated in the action if it finds that the action was clearly frivolous [or] , clearly vexatious or brought [solely] primarily for the purposes of harassment.
Sec. 17. NRS 357.190 is hereby amended to read as follows:
357.190 As used in NRS 357.190 to 357.230, inclusive, and section 5 of this act, recovery includes civil penalties and does not include any allowance of expenses or attorneys fees.
Sec. 18. NRS 357.210 is hereby amended to read as follows:
357.210 1. [If] Except as otherwise provided in subsection 3, if the Attorney General or a designee of the Attorney General pursuant to NRS 357.070 intervenes at the outset in an action pursuant to NRS 357.080, the private plaintiff is entitled [, except as otherwise provided in NRS 357.220,] to receive not less than 15 percent or more than 33 percent of any recovery, according to the extent of his or her contribution to the conduct of the action.
κ2013 Statutes of Nevada, Page 1049 (CHAPTER 245, SB 437)κ
to receive not less than 15 percent or more than 33 percent of any recovery, according to the extent of his or her contribution to the conduct of the action.
2. [If] Except as otherwise provided in subsection 3, if the Attorney General or the Attorney Generals designee does not intervene in the action at the outset, the private plaintiff is entitled [, except as otherwise provided in NRS 357.220,] to receive not less than 25 percent or more than 50 percent of any recovery, as the court determines to be reasonable.
3. Regardless of whether the Attorney General or the Attorney Generals designee intervenes in the action, if the court finds that the action was brought by a private plaintiff who planned or initiated the violation of NRS 357.040 upon which the action is based, the court may reduce the recovery to which the private plaintiff is otherwise entitled pursuant to subsection 1 or 2. The court shall consider the role of the private plaintiff in advancing the action and any other relevant circumstances. If the private plaintiff is convicted of criminal conduct arising from his or her role in the violation of NRS 357.040, the private plaintiff must be dismissed from the civil action and must not receive any share of the recovery pursuant to subsection 1 or 2. Any such dismissal does not prejudice the right of the Attorney General or the Attorney Generals designee to continue the action.
Sec. 19. NRS 357.230 is hereby amended to read as follows:
357.230 The portion of any recovery not apportioned pursuant to NRS 357.200 [,] and 357.210 [and 357.220] must be paid into the State General Fund if the money, property or services were provided only by the State, or into the general fund of the political subdivision if they were provided only by a political subdivision. If the action involved both the State and a political subdivision, the court shall apportion the remaining portion of any recovery between them according to the respective values of the money, property or services provided by each.
Sec. 20. NRS 357.250 is hereby amended to read as follows:
357.250 1. [An employer who violates subsection 2 of NRS 357.240 is liable to the affected employee in a civil action for all relief necessary to make the affected] If an employee , contractor or agent is discharged, demoted, suspended, threatened, harassed or discriminated against in the terms and conditions of employment as a result of any lawful act of the employee, contractor or agent in furtherance of an action brought pursuant to this chapter, the employee, contractor or agent is entitled to all relief necessary to make the employee, contractor or agent whole, including, without limitation, reinstatement with the same seniority as if the discharge, demotion, suspension, threat, harassment or discrimination had not occurred or damages in lieu of reinstatement if appropriate, twice the amount of lost compensation, interest on the lost compensation, any special damage sustained as a result of the discharge, demotion, suspension, threat, harassment or discrimination and punitive damages if appropriate. The [employer is also liable] employee, contractor or agent may also receive compensation for expenses recoverable pursuant to NRS 357.180, costs and attorneys fees.
2. [An employee is entitled to the remedies provided in subsection 1 only if the employee:
(a) Voluntarily disclosed information to the State or a political subdivision or voluntarily acted in furtherance of an action pursuant to this chapter; and
κ2013 Statutes of Nevada, Page 1050 (CHAPTER 245, SB 437)κ
(b) Was harassed, threatened with termination or demotion, or otherwise coerced by his or her employer into any participation in fraudulent activity.] A civil action brought pursuant to this section may not be brought more than 3 years after the date on which the discharge, demotion, suspension, threat, harassment or discrimination occurred.
Sec. 21. NRS 357.090, 357.220 and 357.240 are hereby repealed.
Sec. 22. This act becomes effective on July 1, 2013.
________
Senate Bill No. 438Committee on Government Affairs
CHAPTER 246
[Approved: May 28, 2013]
AN ACT relating to the Colorado River Commission of Nevada; authorizing the Commission to borrow and otherwise become obligated for a certain principal amount for certain purposes relating to the costs of electrical capacity and energy generated from the Hoover Dam; authorizing the Commission to issue general and special obligation securities of the State within a certain period; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill authorizes the Colorado River Commission of Nevada to borrow and otherwise become obligated for a principal amount not to exceed $35,000,000 for the purpose of: (1) prepaying certain costs of electrical capacity and energy generated from the Hoover Dam; or (2) paying, financing or refinancing a portion of the capital costs which contribute to the ongoing costs of electrical capacity and energy generated from the Hoover Dam. This bill further authorizes the Commission, within a certain period, to issue general and special obligation securities payable from certain revenue of the State.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Legislature hereby finds and declares that the issuance of securities and the incurrence of indebtedness pursuant to this section are necessary for the protection and preservation of the natural resources of this State and for the purpose of obtaining the benefits thereof, and constitute an exercise of the authority conferred upon the State by the second paragraph of Section 3 of Article 9 of the Nevada Constitution.
2. The Commission may:
(a) Borrow and otherwise become obligated for a principal amount not to exceed $35,000,000 for the purpose of prepaying the cost of electrical capacity and energy generated directly from the Hoover Dam, or for the purpose of paying, financing or refinancing a portion of the capital costs which contribute to the ongoing costs of electrical capacity and energy generated from the Hoover Dam.
(b) Not later than June 30, 2028, issue from time to time:
κ2013 Statutes of Nevada, Page 1051 (CHAPTER 246, SB 438)κ
(1) General obligation securities payable from taxes and additionally secured with pledged revenue;
(2) Special obligation securities constituting special obligations payable from pledged revenue; or
(3) Any combination of the securities identified in subparagraph (1) or (2).
3. The Commission may, in accordance with the limitations prescribed by subsection 2, determine the amount of securities which may be issued and the timing thereof. The limitations on the issuance of securities prescribed by subsection 2 do not apply to any securities which are issued in accordance with the State Securities Law for the purpose of refunding the securities issued pursuant to subsection 2.
4. The provisions of the State Securities Law and NRS 538.206 apply to the issuance of securities pursuant to subsection 2.
5. As used in this section:
(a) Commission means the Colorado River Commission of Nevada.
(b) Pledged revenue means any revenue or payment, or portion thereof, which is:
(1) Derived from any source and received by the Commission from the sale or other use of electrical capacity and energy generated from the Hoover Dam; or
(2) Related to or otherwise received by the Commission as a result of the operation of a revenue-producing facility of the Hoover Dam.
Sec. 2. This act becomes effective on July 1, 2013.
________
Senate Bill No. 459Committee on Finance
CHAPTER 247
[Approved: May 28, 2013]
AN ACT making a supplemental appropriation to the Division of Health Care Financing and Policy of the Department of Health and Human Services for an unanticipated increase in caseloads for medical services and certain other costs; authorizing the expenditure of certain money for the same purposes; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services the sum of $26,912,908 for an unanticipated increase in caseloads for medical services and costs per eligible recipient and unanticipated retroactive payments for Upper Payment Limit and Graduate Medical Education costs. This appropriation is supplemental to that made in section 18 of chapter 371, Statutes of Nevada 2011, at page 2158.
κ2013 Statutes of Nevada, Page 1052 (CHAPTER 247, SB 459)κ
Sec. 2. Expenditure of $47,048,179 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during the fiscal year beginning on July 1, 2012, and ending on June 30, 2013, by the Division for the same purposes as set forth in section 1 of this act. This authorization is supplemental to the authorization made in section 1 of chapter 372, Statutes of Nevada 2011, at page 2180.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 460Committee on Finance
CHAPTER 248
[Approved: May 28, 2013]
AN ACT making supplemental appropriations to the Commission on Judicial Discipline for the costs of one-time leave payouts resulting from the unanticipated retirement of certain staff and the costs related to unanticipated hearings; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to the Commission on Judicial Discipline the sum of $9,130 for the costs of one-time leave payouts resulting from the unanticipated retirement of the General Counsel and Executive Director of the Commission. This appropriation is supplemental to that made by section 12 of chapter 371, Statutes of Nevada 2011, at page 2156.
Sec. 2. There is hereby appropriated from the State General Fund to the Commission on Judicial Discipline the sum of $71,657 for the costs related to unanticipated hearings. This appropriation is supplemental to that made by section 12 of chapter 371, Statutes of Nevada 2011, at page 2156.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2013 Statutes of Nevada, Page 1053κ
Senate Bill No. 476Committee on Finance
CHAPTER 249
[Approved: May 28, 2013]
AN ACT relating to actions concerning persons; revising provisions relating to the compensation of certain special counsel employed by the Attorney General; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires that, upon request, the Attorney General provide for the defense of a present or former State Legislator, officer or employee of this State, immune contractor or member of a state board or commission in any civil action brought against that person based on any alleged act or omission relating to the persons public duties or employment. (NRS 41.0339) Under existing law, the Attorney General is authorized to employ special counsel with respect to such civil actions if the Attorney General determines at any time prior to trial that it is impracticable, uneconomical or could constitute a conflict of interest for the legal service to be rendered by the Attorney General or a deputy attorney general. The compensation for such special counsel is fixed by the Attorney General, subject to the approval of the State Board of Examiners. (NRS 41.03435) Existing law requires that the special counsels compensation be paid out of the Reserve for Statutory Contingency Account. (NRS 41.03435) This bill adds an alternative source, if available, for the payment of the special counsels compensation, namely any available federal grants or a permanent fund in the State Treasury other than the State General Fund.
EXPLANATION Matter in bolded italics is new; matter between brackets
[omitted
material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 41.03435 is hereby amended to read as follows:
41.03435 The Attorney General may employ special counsel whose compensation must be fixed by the Attorney General, subject to the approval of the State Board of Examiners, if the Attorney General determines at any time prior to trial that it is impracticable, uneconomical or could constitute a conflict of interest for the legal service to be rendered by the Attorney General or a deputy attorney general. Compensation for special counsel must be paid out of [the] :
1. The Reserve for Statutory Contingency Account [.] ; or
2. Available federal grants or a permanent fund in the State Treasury other than the State General Fund.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2013 Statutes of Nevada, Page 1054κ
Senate Bill No. 488Committee on Finance
CHAPTER 250
[Approved: May 28, 2013]
AN ACT relating to the reorganization of State Government; continuing the transfer of the powers and duties of the Consumer Affairs Division of the Department of Business and Industry and the Commissioner of Consumer Affairs to the Office of the Attorney General; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The 75th Session of the Nevada Legislature temporarily eliminated the Consumer Affairs Division of the Department of Business and Industry and the Commissioner of Consumer Affairs for the 2009-2011 biennium and transferred the powers and duties of the Division and the Commissioner to the Office of the Attorney General. (Chapter 475, Statutes of Nevada 2009, pp. 2695-2733) The 76th Session of the Nevada Legislature continued for the 2011-2013 biennium the temporary elimination of the Division and the Commissioner and the transfer of the powers and duties of the Division and the Commissioner to the Office of the Attorney General. (Chapter 440, Statutes of Nevada 2011, p. 2652) The bill continues for the 2013-2015 biennium the temporary elimination of the Division and the Commissioner and the transfer of the powers and duties of the Division and the Commissioner to the Office of the Attorney General.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 80 of chapter 475, Statutes of Nevada 2009, as amended by chapter 440, Statutes of Nevada 2011, at page 2652, is hereby amended to read as follows:
Sec. 80. 1. This section and sections 1 to 35, inclusive, 36 to 57, inclusive, and 58 to 79, inclusive, of this act become effective on July 1, 2009.
2. The amendatory provisions of sections 3, 4, 36 to 51, inclusive, 57, 58 to 75, inclusive, and subsection 2 of section 77 of this act expire by limitation on June 30, [2013.] 2015.
3. Sections 35.1 to 35.95, inclusive, and 57.5 of this act become effective on July 1, [2013.] 2015.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2013 Statutes of Nevada, Page 1055κ
Senate Bill No. 489Committee on Finance
CHAPTER 251
[Approved: May 28, 2013]
AN ACT relating to state financial administration; extending the deadline for the issuance of certain general obligation bonds to protect, preserve and obtain the benefits of the property and natural resources of this State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Legislature submitted to the voters of this State at the general election held on November 5, 2002, a proposal to issue general obligation bonds of the State to protect, preserve and obtain the benefits of the property and natural resources of this State in an amount not to exceed $200,000,000. (Chapter 6, Statutes of Nevada 2001, 17th Special Session, p. 104) The proposal was approved by the voters at the general election. Existing law prohibits the issuance of bonds more than 6 years after an election that is required to authorize their issuance. (NRS 349.078) This bill extends the period for issuance of those bonds until June 30, 2019.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Notwithstanding the provisions of NRS 349.078, the State Board of Finance may continue to issue general obligation bonds of the State to protect, preserve and obtain the benefits of the property and natural resources of this State pursuant to chapter 6, Statutes of Nevada 2001, 17th Special Session, under the terms and conditions of that act until June 30, 2019. The provisions of that act apply to all such issuances of bonds, including, without limitation, to the manner of their issuance and the authorized uses of the proceeds of the bonds.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 243Senator Smith
Joint Sponsor: Assemblyman Hickey
CHAPTER 252
[Approved: May 29, 2013]
AN ACT relating to genetic marker analysis; defining certain terms relating to genetic marker analysis; establishing the State DNA Database; imposing an administrative assessment upon a defendant convicted of any crime; requiring that a biological specimen be obtained from a person arrested for a felony; establishing the Subcommittee to Review Arrestee DNA of the Advisory Commission on the Administration of Justice; providing penalties; and providing other matters properly relating thereto.
κ2013 Statutes of Nevada, Page 1056 (CHAPTER 252, SB 243)κ
Legislative Counsels Digest:
Existing law requires the board of county commissioners of each county to designate a forensic laboratory to conduct and oversee any genetic marker analysis that is required by law. (NRS 176.0917) Section 11 of this bill establishes the State DNA Database, which is to be overseen, managed and administered by the Forensic Science Division of the Washoe County Sheriffs Office. Section 12 of this bill specifies the duties and responsibilities of forensic laboratories with respect to DNA records.
Under existing law, if a defendant is convicted of a felony or certain other specified offenses, the court, as part of the defendants sentence, must order that a biological specimen be obtained from the defendant and that the specimen be used for analysis to determine the genetic markers of the specimen. (NRS 176.0911-176.0917) Section 13 of this bill requires that a biological specimen be obtained if a person is arrested for a felony. Section 13 provides that if the person is convicted of the felony, the biological specimen must be kept, but if the person is not convicted, the biological specimen must be destroyed and all records relating thereto must be purged from all databases.
Existing law prohibits a person from sharing or disclosing certain information relating to another persons biological specimen or genetic marker analysis and makes such conduct punishable as a misdemeanor. (NRS 176.0913, 176.0916) Sections 13, 21 and 23 of this bill increase the penalty for such conduct from a misdemeanor to a category C felony.
Section 15 of this bill imposes an additional administrative assessment of $3 on a person convicted of a misdemeanor, gross misdemeanor or felony. Section 15 also provides that the money collected from the assessments must be used to defray the costs associated with obtaining biological specimens and conducting genetic marker analysis.
Existing law: (1) establishes the Advisory Commission on the Administration of Justice and the Subcommittees on Juvenile Justice and Victims of Crime; and (2) directs the Commission and Subcommittees, among other duties, to identify and study the elements of this States system of criminal justice. (NRS 176.0123-176.0125) Section 16.3 of this bill establishes the Subcommittee to Review Arrestee DNA of the Commission. Section 16.3 also: (1) requires the Chair of the Commission to appoint the members of the Subcommittee, including certain specified representatives; and (2) requires the Subcommittee to study issues related to arrestee DNA and report to the Commission with recommendations to address such issues.
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 16.3, inclusive, of this act.
Sec. 2. Agency of criminal justice has the meaning ascribed to it in NRS 179A.030.
Sec. 3. Biological specimen means a biological sample, tissue, fluid or other bodily sample suitable for genetic marker analysis, obtained from a person or from physical evidence.
Sec. 4. CODIS means the Federal Bureau of Investigations Combined DNA Index System that allows for the storage and exchange of DNA records submitted by federal, state and local forensic DNA laboratories. The term includes the National DNA Index System administered and operated by the Federal Bureau of Investigation.
κ2013 Statutes of Nevada, Page 1057 (CHAPTER 252, SB 243)κ
Sec. 5. DNA means deoxyribonucleic acid which is located in the cells of a person and which provides the genetic blueprint of a person.
Sec. 6. DNA profile means the genetic constitution of a person at defined locations in the DNA of the person.
Sec. 7. DNA record means a database record, stored in the State DNA Database or CODIS, that includes the DNA profile of a person and data required to manage the record, including, without limitation, the identity of the agency submitting the database record, the identification number of the biological specimen and the names of personnel who conducted the genetic marker analysis.
Sec. 8. Forensic laboratory means any laboratory designated pursuant to NRS 176.0917.
Sec. 9. Genetic marker analysis means the analytical testing process of a biological specimen that results in a DNA profile.
Sec. 10. State DNA Database means the database established pursuant to section 11 of this act.
Sec. 11. 1. The State DNA Database is hereby established to serve as this States repository for DNA records and to provide DNA records to the Federal Bureau of Investigation.
2. The Forensic Science Division of the Washoe County Sheriffs Office shall oversee, manage and administer the State DNA Database and shall:
(a) Implement policies for the management and administration of the State DNA Database, including, without limitation, any system for the identification of DNA profiles and DNA records that is necessary to support agencies of criminal justice.
(b) Adopt policies and protocols and enter into any necessary agreements to implement the provisions of NRS 176.0911 to 176.0917, inclusive, and sections 2 to 16, inclusive, of this act.
(c) Ensure that all searches of the State DNA Database are performed in accordance with state and federal law.
(d) Act as a liaison between the Federal Bureau of Investigation and other state agencies of criminal justice relating to this States participation in CODIS.
Sec. 12. 1. A forensic laboratory shall:
(a) Prescribe protocols and procedures for the collection, submission, identification, genetic marker analysis, storage, maintenance, uploading and disposition of biological specimens, DNA profiles and DNA records.
(b) Securely upload DNA records to the State DNA Database.
(c) Acquire and maintain computer hardware and software necessary to store, maintain and upload DNA profiles and DNA records relating to:
(1) Crime scene evidence and forensic casework;
(2) Persons arrested for a felony and persons convicted of an offense listed in subsection 4 of NRS 176.0913 who are required to provide a biological specimen;
(3) Persons required to register as sex offenders pursuant to NRS 179D.445, 179D.460 or 179D.480;
(4) Unidentified persons or body parts;
(5) Missing persons;
(6) Relatives of missing persons;
κ2013 Statutes of Nevada, Page 1058 (CHAPTER 252, SB 243)κ
(7) Anonymous DNA profiles used for forensic validation, forensic protocol development, quality control purposes or establishment of a population statistics database for use by criminal justice agencies; and
(8) Voluntarily submitted DNA profiles.
2. A forensic laboratory may:
(a) Use all or part of the remainder of any biological specimen stored in the forensic laboratory for:
(1) Retesting to confirm or update the original genetic marker analysis; or
(2) Quality control testing of new forensic methods for genetic marker analysis, provided that no personal identifying information is included.
(b) Contract with providers of services to perform a genetic marker analysis or to carry out functions on behalf of the forensic laboratory. Any provider of services who contracts with a forensic laboratory to perform a genetic marker analysis or to carry out functions on behalf of the forensic laboratory is subject to the same restrictions and requirements as the forensic laboratory.
3. A forensic laboratory shall not use any biological specimen, DNA profile or DNA record for the purpose of identification of any medical or genetic disorder.
Sec. 13. 1. If a person is arrested for a felony pursuant to a warrant, the law enforcement agency making the arrest shall:
(a) Submit the name, date of birth, fingerprints and any other information identifying the person to the Central Repository for Nevada Records of Criminal History;
(b) Upon booking the person into a city or county jail or detention facility, and before the person is released from custody, obtain a biological specimen from the person, through a cheek swab, pursuant to the provisions of this section; and
(c) Submit the biological specimen to the appropriate forensic laboratory for genetic marker analysis in accordance with the provisions of this section.
2. If a person is arrested for a felony without a warrant, the law enforcement agency making the arrest shall:
(a) Submit the name, date of birth, fingerprints and any other information identifying the person to the Central Repository for Nevada Records of Criminal History;
(b) Upon booking the person into a city or county jail or detention facility, and before the person is released from custody, obtain a biological specimen from the person, through a cheek swab, pursuant to the provisions of this section;
(c) Submit the biological specimen to the appropriate forensic laboratory for genetic marker analysis in accordance with the provisions of this section after receiving notice that a court or magistrate has determined that probable cause existed for the persons arrest; and
(d) If a court or magistrate determines that probable cause did not exist for the persons arrest, destroy the biological specimen within 5 business days after receiving notice of the determination by the court or magistrate.
3. A law enforcement agency shall not knowingly obtain a biological specimen from a person who has previously submitted such a specimen for an arrest or conviction of a prior offense unless the law enforcement agency or a court or magistrate determines that an additional specimen is necessary.
κ2013 Statutes of Nevada, Page 1059 (CHAPTER 252, SB 243)κ
an arrest or conviction of a prior offense unless the law enforcement agency or a court or magistrate determines that an additional specimen is necessary.
4. If a law enforcement agency has not already obtained a biological specimen from a person arrested for an offense for which a biological specimen must be obtained pursuant to this section at the time a court or magistrate sets bail or considers releasing a person on his or her own recognizance, the court or magistrate shall:
(a) Require the person to provide a biological specimen as a condition of being admitted to bail or released on his or her own recognizance; and
(b) Require the biological specimen to be provided to the appropriate forensic laboratory.
5. The Attorney General or a district attorney may petition a district court for an order requiring a person arrested for an offense for which a biological specimen must be obtained pursuant to this section to provide a biological specimen:
(a) Through a cheek swab; or
(b) By alternative means, if the person will not cooperate.
Κ Nothing in this subsection shall be construed to prevent the collection of a biological specimen by order of a court of competent jurisdiction or the collection of a biological specimen from a person who is required to provide such a specimen pursuant to this section.
6. Upon receipt of a biological specimen, the forensic laboratory shall proceed with a genetic marker analysis. If the forensic laboratory determines that the biological specimen is inadequate or otherwise unusable, the law enforcement agency may obtain an additional biological specimen from the person arrested unless the person arrested is eligible to request destruction of the biological specimen and purging of his or her DNA profile or DNA record pursuant to this section.
7. Upon completion of a genetic marker analysis of a person pursuant to this section, the forensic laboratory shall inform the Central Repository for Nevada Records of Criminal History that the forensic laboratory has created a DNA profile of the person and will be submitting the DNA profile of the person for inclusion in the State DNA Database and CODIS. The Central Repository for Nevada Records of Criminal History shall include an indication on the criminal history record of the person regarding the collection of a biological specimen and the creation of a DNA profile, but may not include, in its records, any other information relating to the biological specimen, DNA profile or DNA record of the person.
8. A person whose record of criminal history indicates the collection of a biological specimen and whose DNA profile and DNA record have been included in the State DNA Database and CODIS pursuant to this section may make a written request to the Central Repository for Nevada Records of Criminal History, using the form created pursuant to section 14 of this act, that the biological specimen be destroyed and the DNA profile and DNA record be purged from the forensic laboratory, the State DNA Database and CODIS on the grounds that:
(a) The conviction on which the authority for keeping the biological specimen or the DNA profile or DNA record has been reversed and the case dismissed; or
(b) The arrest which led to the inclusion of the biological specimen or the DNA profile or DNA record:
κ2013 Statutes of Nevada, Page 1060 (CHAPTER 252, SB 243)κ
(1) Has resulted in a felony charge that has been resolved by a dismissal, the successful completion of a preprosecution diversion program, a conditional discharge, an acquittal or an agreement entered into by a prosecuting attorney and a defendant in which the defendant, in exchange for a plea of guilty, guilty but mentally ill or nolo contendere, receives a charge other than a felony; or
(2) Has not resulted in any additional criminal charge for a felony within 3 years after the date of the arrest.
9. Within 6 weeks after receiving a written request pursuant to subsection 8, the Central Repository for Nevada Records of Criminal History shall forward the request and all supporting documentation to the forensic laboratory holding the biological specimen. Except as otherwise provided in subsection 10, upon receipt of the written request, the forensic laboratory shall destroy any biological specimen from the person and purge the DNA profile of the person if the written request is accompanied by:
(a) A certified copy of the court order reversing and dismissing the conviction; or
(b) For any biological specimen obtained pursuant to an arrest for which a biological specimen must be provided pursuant to this section:
(1) A certified copy of the dismissal, the successful completion of a preprosecution diversion program, a conditional discharge, an acquittal or the agreement entered into by the prosecuting attorney and the defendant in which the defendant, in exchange for a plea of guilty, guilty but mentally ill or nolo contendere, received a charge other than a felony; or
(2) A sworn affidavit from the law enforcement agency which submitted the biological specimen that no felony charges arising from the arrest have been filed within 5 years after the date of the arrest.
10. The forensic laboratory shall not destroy a biological specimen or purge the DNA profile of a person if the forensic laboratory is notified by a law enforcement agency that the person has a prior felony, a new felony arrest or a pending felony charge for which collection of a biological specimen is authorized pursuant to this section.
11. If a forensic laboratory:
(a) Determines that the requirements to destroy a biological specimen or purge a DNA profile or DNA record of a person have not been met, the forensic laboratory shall notify the Central Repository of Nevada Records of Criminal History of that fact. The Central Repository shall, as soon as reasonably practicable, notify the person that his or her request has been denied.
(b) Destroys a biological specimen and purges a DNA profile pursuant to this section, the forensic laboratory shall take the following actions:
(1) Notify the State DNA Database that the DNA profile and DNA record of the person must be purged from the State DNA Database and from CODIS. Upon receipt of such notification, the DNA profile and DNA record of the person must be purged from the State DNA Database and CODIS.
(2) Notify the Central Repository for Nevada Records of Criminal History that the forensic laboratory has destroyed the biological specimen and purged the DNA profile of the person and has notified the State DNA Database that the DNA profile and DNA record of the person must be purged from the State DNA Database and CODIS. Upon receipt of such notification, the Central Repository shall, as soon as reasonably practicable, notify the person that his or her request has been granted, his or her biological specimen has been destroyed by the forensic laboratory and his or her DNA profile and DNA record have been purged from the forensic laboratory, the State DNA Database and CODIS.
κ2013 Statutes of Nevada, Page 1061 (CHAPTER 252, SB 243)κ
notification, the Central Repository shall, as soon as reasonably practicable, notify the person that his or her request has been granted, his or her biological specimen has been destroyed by the forensic laboratory and his or her DNA profile and DNA record have been purged from the forensic laboratory, the State DNA Database and CODIS.
12. Any cost that is incurred to obtain a biological specimen from a person, to destroy a biological specimen or to purge a DNA profile or DNA record from a forensic laboratory, the State DNA Database or CODIS pursuant to this section:
(a) Is a charge against the county in which the person was arrested; and
(b) Must be paid as provided in NRS 176.0915.
13. The biological specimen, DNA profile, DNA record and any other information identifying or matching a biological specimen with a person must, at all times, be stored and maintained in the forensic laboratory, State DNA Database or CODIS, as applicable, and may only be made available in accordance with the provisions of this section. The biological specimen, DNA profile, DNA record, other information identifying or matching a biological specimen with a person and all computer software used by the forensic laboratory and the State DNA Database for the State DNA Database and for CODIS are confidential and are not public books or records within the meaning of NRS 239.010.
14. If any information related to a biological specimen, DNA profile or DNA record contained in CODIS is requested, the forensic laboratory shall comply with all applicable provisions of federal law and all applicable statutes and regulations governing the release of such information. All requests for any such information must be directed through the casework CODIS administrator of the forensic laboratory. To minimize duplication in the collection of a biological specimen and the conducting of a genetic marker analysis, a forensic laboratory may make information available to any agency of criminal justice to verify whether a biological specimen has been collected from a person and a genetic marker analysis has been conducted.
15. Except as otherwise authorized by this section, by federal law or by another specific statute, a biological specimen obtained pursuant to this section, a DNA profile, a DNA record and any other information identifying or matching a biological specimen with a person must not be shared with or disclosed to any person other than the authorized personnel who have possession and control of the biological specimen, DNA profile, DNA record or other information identifying or matching a biological specimen with a person, except pursuant to:
(a) A court order; or
(b) A request from a law enforcement agency during the course of an investigation.
Κ A person who violates any provision of this subsection is guilty of a category C felony and shall be punished as provided in NRS 193.130.
Sec. 14. 1. The Department of Public Safety shall establish a standard form for use by every law enforcement agency in this State that:
(a) Sets forth the authorized use of a biological specimen pursuant to NRS 176.0911 to 176.0917, inclusive, and sections 2 to 16, inclusive, of this act.
κ2013 Statutes of Nevada, Page 1062 (CHAPTER 252, SB 243)κ
(b) Identifies the circumstances and process under which a person may have his or her biological specimen destroyed and his or her DNA profile or DNA record purged from the forensic laboratory, the State DNA Database and CODIS.
(c) May be completed and submitted to the Central Repository for Nevada Records of Criminal History by a person to request that his or her biological specimen be destroyed and his or her DNA profile or DNA record be purged from the forensic laboratory, the State DNA Database and CODIS.
2. A law enforcement agency shall provide the form to a person:
(a) Before obtaining a biological specimen;
(b) Upon release from custody if the person has submitted a biological specimen; or
(c) At the request of the person, if the person believes that he or she is eligible to have his or her biological specimen destroyed and his or her DNA profile or DNA record purged from the forensic laboratory, the State DNA Database and CODIS.
Sec. 15. 1. In addition to any other administrative assessment imposed, when a defendant pleads guilty, is found guilty or enters a plea of nolo contendere to a misdemeanor, gross misdemeanor or felony, including the violation of any municipal ordinance, on or after July 1, 2013, the justice or judge of the justice, municipal or district court, as applicable, shall include in the sentence the sum of $3 as an administrative assessment for obtaining a biological specimen and conducting a genetic marker analysis and shall render a judgment against the defendant for the assessment. If a defendant is sentenced to perform community service in lieu of a fine, the sentence must include the administrative assessment required pursuant to this subsection.
2. The money collected for an administrative assessment for obtaining a biological specimen and conducting a genetic marker analysis must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for such an administrative assessment must be stated separately on the courts docket and must be included in the amount posted for bail. If bail is forfeited, the administrative assessment included in the bail pursuant to this subsection must be disbursed pursuant to subsection 4. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible, and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he or she has paid, and the justice or judge shall not recalculate the administrative assessment.
3. If the justice or judge permits the fine and administrative assessment for the provision of genetic marker analysis to be paid in installments, the payments must be applied in the following order:
(a) To pay the unpaid balance of an administrative assessment imposed pursuant to NRS 176.059;
(b) To pay the unpaid balance of an administrative assessment for the provision of court facilities pursuant to NRS 176.0611;
κ2013 Statutes of Nevada, Page 1063 (CHAPTER 252, SB 243)κ
(c) To pay the unpaid balance of an administrative assessment for the provision of specialty court programs pursuant to NRS 176.0613;
(d) To pay the unpaid balance of an administrative assessment for obtaining a biological specimen and conducting a genetic marker analysis pursuant to this section; and
(e) To pay the fine.
4. The money collected for an administrative assessment for the provision of genetic marker analysis must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month for credit to the fund for genetic marker analysis pursuant to NRS 176.0915.
Sec. 16. Any person authorized to collect a biological specimen pursuant to NRS 176.0911 to 176.0917, and sections 2 to 16, inclusive, of this act, may not be held civilly or criminally liable for any act relating to the collection of a biological specimen if the person performed that act in good faith and in a reasonable manner.
Sec. 16.3. 1. There is hereby created the Subcommittee to Review Arrestee DNA of the Commission.
2. The Chair of the Commission shall appoint the members of the Subcommittee which must include, without limitation:
(a) A member experienced in defending criminal actions.
(b) A member of a minority community organization whose mission includes the protection of civil rights for minorities.
3. The Chair of the Commission shall designate one of the members of the Subcommittee as Chair of the Subcommittee.
4. The Subcommittee shall meet at the times and places specified by a call of the Chair. A majority of the members of the Subcommittee constitutes a quorum, and a quorum may exercise any power or authority conferred on the Subcommittee.
5. The Subcommittee shall consider issues relating to DNA of arrested persons and shall evaluate, review and submit a report to the Commission with recommendations concerning such issues. The issues considered by the Subcommittee and the report submitted by the Subcommittee must include, without limitation:
(a) The costs and procedures relating to the methods, implementation and utilization of the provisions for the destruction of biological specimens and purging of DNA profiles and DNA records of arrested persons; and
(b) The collection and review of information concerning the number of requests for the destruction of biological specimens and purging of DNA profiles and DNA records of arrested persons and the number and percentage of such requests that are denied.
6. Any Legislators who are members of the Subcommittee are entitled to receive the salary provided for a majority of the members of the Legislature during the first 60 days of the preceding session for each days attendance at a meeting of the Subcommittee.
7. While engaged in the business of the Subcommittee, to the extent of legislative appropriation, each member of the Subcommittee is entitled to receive the per diem allowance and travel expenses as provided for state officers and employees generally.
8. As used in this section:
(a) Biological specimen has the meaning ascribed to it in section 3 of this act.
κ2013 Statutes of Nevada, Page 1064 (CHAPTER 252, SB 243)κ
(b) DNA has the meaning ascribed to it in section 5 of this act.
(c) DNA profile has the meaning ascribed to it in section 6 of this act.
(d) DNA record has the meaning ascribed to it in section 7 of this act.
Sec. 16.7. NRS 176.0121 is hereby amended to read as follows:
176.0121 As used in NRS 176.0121 to 176.0129, inclusive, and section 16.3 of this act, Commission means the Advisory Commission on the Administration of Justice.
Sec. 17. NRS 176.0611 is hereby amended to read as follows:
176.0611 1. A county or a city, upon recommendation of the appropriate court, may, by ordinance, authorize the justices or judges of the justice or municipal courts within its jurisdiction to impose for not longer than 50 years, in addition to the administrative assessments imposed pursuant to NRS 176.059 and 176.0613, and section 15 of this act, an administrative assessment for the provision of court facilities.
2. Except as otherwise provided in subsection 3, in any jurisdiction in which an administrative assessment for the provision of court facilities has been authorized, when a defendant pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum of $10 as an administrative assessment for the provision of court facilities and render a judgment against the defendant for the assessment. If the justice or judge sentences the defendant to perform community service in lieu of a fine, the justice or judge shall include in the sentence the administrative assessment required pursuant to this subsection.
3. The provisions of subsection 2 do not apply to:
(a) An ordinance regulating metered parking; or
(b) An ordinance that is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.
4. The money collected for an administrative assessment for the provision of court facilities must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for such an administrative assessment must be stated separately on the courts docket and must be included in the amount posted for bail. If bail is forfeited, the administrative assessment included in the amount posted for bail pursuant to this subsection must be disbursed in the manner set forth in subsection 6 or 7. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment the defendant has paid and the justice or judge shall not recalculate the administrative assessment.
5. If the justice or judge permits the fine and administrative assessment for the provision of court facilities to be paid in installments, the payments must be applied in the following order:
(a) To pay the unpaid balance of an administrative assessment imposed pursuant to NRS 176.059;
κ2013 Statutes of Nevada, Page 1065 (CHAPTER 252, SB 243)κ
(b) To pay the unpaid balance of an administrative assessment for the provision of court facilities pursuant to this section;
(c) To pay the unpaid balance of an administrative assessment for the provision of specialty court programs pursuant to NRS 176.0613; [and]
(d) To pay the unpaid balance of an administrative assessment for obtaining a biological specimen and conducting a genetic marker analysis pursuant to section 15 of this act; and
(e) To pay the fine.
6. The money collected for administrative assessments for the provision of court facilities in municipal courts must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall deposit the money received in a special revenue fund. The city may use the money in the special revenue fund only to:
(a) Acquire land on which to construct additional facilities for the municipal courts or a regional justice center that includes the municipal courts.
(b) Construct or acquire additional facilities for the municipal courts or a regional justice center that includes the municipal courts.
(c) Renovate or remodel existing facilities for the municipal courts.
(d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of an existing facility for the municipal courts or a regional justice center that includes the municipal courts. This paragraph does not authorize the expenditure of money from the fund for furniture, fixtures or equipment for judicial chambers.
(e) Acquire advanced technology for use in the additional or renovated facilities.
(f) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or the construction or renovation of facilities for the municipal courts or a regional justice center that includes the municipal courts.
Κ Any money remaining in the special revenue fund after 5 fiscal years must be deposited in the municipal general fund for the continued maintenance of court facilities if it has not been committed for expenditure pursuant to a plan for the construction or acquisition of court facilities or improvements to court facilities. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.
7. The money collected for administrative assessments for the provision of court facilities in justice courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall deposit the money received to a special revenue fund. The county may use the money in the special revenue fund only to:
(a) Acquire land on which to construct additional facilities for the justice courts or a regional justice center that includes the justice courts.
(b) Construct or acquire additional facilities for the justice courts or a regional justice center that includes the justice courts.
(c) Renovate or remodel existing facilities for the justice courts.
(d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of an existing facility for the justice courts or a regional justice center that includes the justice courts.
κ2013 Statutes of Nevada, Page 1066 (CHAPTER 252, SB 243)κ
existing facility for the justice courts or a regional justice center that includes the justice courts. This paragraph does not authorize the expenditure of money from the fund for furniture, fixtures or equipment for judicial chambers.
(e) Acquire advanced technology for use in the additional or renovated facilities.
(f) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or the construction or renovation of facilities for the justice courts or a regional justice center that includes the justice courts.
Κ Any money remaining in the special revenue fund after 5 fiscal years must be deposited in the county general fund for the continued maintenance of court facilities if it has not been committed for expenditure pursuant to a plan for the construction or acquisition of court facilities or improvements to court facilities. The county treasurer shall provide, upon request by a justice court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.
8. If money collected pursuant to this section is to be used to acquire land on which to construct a regional justice center, to construct a regional justice center or to pay debt service on bonds issued for these purposes, the county and the participating cities shall, by interlocal agreement, determine such issues as the size of the regional justice center, the manner in which the center will be used and the apportionment of fiscal responsibility for the center.
Sec. 18. NRS 176.0613 is hereby amended to read as follows:
176.0613 1. The justices or judges of the justice or municipal courts shall impose, in addition to an administrative assessment imposed pursuant to NRS 176.059 and 176.0611, and section 15 of this act, an administrative assessment for the provision of specialty court programs.
2. Except as otherwise provided in subsection 3, when a defendant pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum of $7 as an administrative assessment for the provision of specialty court programs and render a judgment against the defendant for the assessment. If a defendant is sentenced to perform community service in lieu of a fine, the sentence must include the administrative assessment required pursuant to this subsection.
3. The provisions of subsection 2 do not apply to:
(a) An ordinance regulating metered parking; or
(b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.
4. The money collected for an administrative assessment for the provision of specialty court programs must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for such an administrative assessment must be stated separately on the courts docket and must be included in the amount posted for bail. If bail is forfeited, the administrative assessment included in the bail pursuant to this subsection must be disbursed pursuant to subsection 6 or 7. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it.
κ2013 Statutes of Nevada, Page 1067 (CHAPTER 252, SB 243)κ
been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment the defendant has paid and the justice or judge shall not recalculate the administrative assessment.
5. If the justice or judge permits the fine and administrative assessment for the provision of specialty court programs to be paid in installments, the payments must be applied in the following order:
(a) To pay the unpaid balance of an administrative assessment imposed pursuant to NRS 176.059;
(b) To pay the unpaid balance of an administrative assessment for the provision of court facilities pursuant to NRS 176.0611;
(c) To pay the unpaid balance of an administrative assessment for the provision of specialty court programs; [and]
(d) To pay the unpaid balance of an administrative assessment for obtaining a biological specimen and conducting a genetic marker analysis pursuant to section 15 of this act; and
(e) To pay the fine.
6. The money collected for an administrative assessment for the provision of specialty court programs in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. On or before the 15th day of that month, the city treasurer shall deposit the money received for each administrative assessment with the State Controller for credit to a special account in the State General Fund administered by the Office of Court Administrator.
7. The money collected for an administrative assessment for the provision of specialty court programs in justice courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. On or before the 15th day of that month, the county treasurer shall deposit the money received for each administrative assessment with the State Controller for credit to a special account in the State General Fund administered by the Office of Court Administrator.
8. The Office of Court Administrator shall allocate the money credited to the State General Fund pursuant to subsections 6 and 7 to courts to assist with the funding or establishment of specialty court programs.
9. Money that is apportioned to a court from administrative assessments for the provision of specialty court programs must be used by the court to:
(a) Pay for the treatment and testing of persons who participate in the program; and
(b) Improve the operations of the specialty court program by any combination of:
(1) Acquiring necessary capital goods;
(2) Providing for personnel to staff and oversee the specialty court program;
(3) Providing training and education to personnel;
(4) Studying the management and operation of the program;
(5) Conducting audits of the program;
(6) Supplementing the funds used to pay for judges to oversee a specialty court program; or
(7) Acquiring or using appropriate technology.
10. As used in this section:
κ2013 Statutes of Nevada, Page 1068 (CHAPTER 252, SB 243)κ
(a) Office of Court Administrator means the Office of Court Administrator created pursuant to NRS 1.320; and
(b) Specialty court program means a program established by a court to facilitate testing, treatment and oversight of certain persons over whom the court has jurisdiction and who the court has determined suffer from a mental illness or abuses alcohol or drugs. Such a program includes, without limitation, a program established pursuant to NRS 176A.250, 176A.280 or 453.580.
Sec. 19. NRS 176.0911 is hereby amended to read as follows:
176.0911 As used in NRS 176.0911 to 176.0917, inclusive, and sections 2 to 16, inclusive, of this act, unless the context otherwise requires, [CODIS means the Combined DNA Indexing System operated by the Federal Bureau of Investigation.] the words and terms defined in sections 2 to 10, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 20. NRS 176.0912 is hereby amended to read as follows:
176.0912 1. Except as otherwise provided in this section, upon the conviction of a defendant for a category A or B felony, an agency of criminal justice that has in its possession or custody any biological evidence secured in connection with the investigation or prosecution of the defendant shall preserve such evidence until the expiration of any sentence imposed on the defendant.
2. Biological evidence subject to the requirements of this section may be consumed for testing upon notice to the defendant.
3. An agency of criminal justice may establish procedures for:
(a) Retaining probative samples of biological evidence subject to the requirements of this section; and
(b) Disposing of bulk evidence that does not affect the suitability of such probative samples for testing.
4. The provisions of this section must not be construed to restrict or limit an agency of criminal justice from establishing procedures for the retention, preservation and disposal of biological evidence secured in connection with other criminal cases.
5. As used in this section [:
(a) Agency of criminal justice has the meaning ascribed to it in NRS 179A.030.
(b) Biological] , biological evidence means any semen, blood, saliva, hair, skin tissue or other identified biological material removed from physical evidence.
[(c) Sexual offense has the meaning ascribed to it in NRS 179D.097.]
Sec. 21. NRS 176.0913 is hereby amended to read as follows:
176.0913 1. If a defendant is convicted of an offense listed in subsection 4:
(a) The name, social security number, date of birth , fingerprints and any other information identifying the defendant must be submitted to the Central Repository for Nevada Records of Criminal History; and
(b) [A] Unless a biological specimen was previously obtained upon arrest pursuant to section 13 of this act, a biological specimen must be obtained from the defendant pursuant to the provisions of this section and the specimen must be used for [an analysis to determine the] a genetic [markers of the specimen.] marker analysis. If a biological specimen was previously obtained upon arrest pursuant to section 13 of this act, the court shall notify the Central Repository for Nevada Records of Criminal History, who in turn shall notify the appropriate forensic laboratory.
κ2013 Statutes of Nevada, Page 1069 (CHAPTER 252, SB 243)κ
notify the Central Repository for Nevada Records of Criminal History, who in turn shall notify the appropriate forensic laboratory.
2. If the defendant is committed to the custody of the Department of Corrections, the Department of Corrections shall arrange for the biological specimen to be obtained from the defendant. The Department of Corrections shall provide the specimen to the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker [testing] analysis for the county pursuant to NRS 176.0917.
3. If the defendant is not committed to the custody of the Department of Corrections, the Division shall arrange for the biological specimen to be obtained from the defendant. The Division shall provide the specimen to the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker [testing] analysis for the county pursuant to NRS 176.0917. Any cost that is incurred to obtain a biological specimen from a defendant pursuant to this subsection is a charge against the county in which the defendant was convicted and must be paid as provided in NRS 176.0915.
4. Except as otherwise provided in subsection 5, the provisions of subsection 1 apply to a defendant who is convicted of:
(a) A felony;
(b) A crime against a child as defined in NRS 179D.0357;
(c) A sexual offense as defined in NRS 179D.097;
(d) Abuse or neglect of an older person or a vulnerable person pursuant to NRS 200.5099;
(e) A second or subsequent offense for stalking pursuant to NRS 200.575;
(f) An attempt or conspiracy to commit an offense listed in paragraphs (a) to (e), inclusive;
(g) Failing to register with a local law enforcement agency as a convicted person as required pursuant to NRS 179C.100, if the defendant previously was:
(1) Convicted in this State of committing an offense listed in paragraph (a), (d), (e) or (f); or
(2) Convicted in another jurisdiction of committing an offense that would constitute an offense listed in paragraph (a), (d), (e) or (f) if committed in this State;
(h) Failing to register with a local law enforcement agency after being convicted of a crime against a child as required pursuant to NRS 179D.450; or
(i) Failing to register with a local law enforcement agency after being convicted of a sexual offense as required pursuant to NRS 179D.450.
5. If it is determined that a defendants biological specimen has previously been submitted for conviction of a prior offense, an additional sample is not required.
6. Except as otherwise authorized by federal law or by specific statute, a biological specimen obtained pursuant to this section, the [results of a genetic marker analysis] DNA profile, the DNA record and any other information identifying or matching a biological specimen with a person must not be shared with or disclosed to any person other than the authorized personnel who have possession and control of the biological specimen, [results of a genetic marker analysis] the DNA profile, the DNA record or other information identifying or matching a biological specimen with a person, except pursuant to:
κ2013 Statutes of Nevada, Page 1070 (CHAPTER 252, SB 243)κ
[results of a genetic marker analysis] the DNA profile, the DNA record or other information identifying or matching a biological specimen with a person, except pursuant to:
(a) A court order; or
(b) A request from a law enforcement agency during the course of an investigation.
7. A person who violates any provision of subsection 6 is guilty of a [misdemeanor.] category C felony and shall be punished as provided in NRS 193.130.
Sec. 22. NRS 176.0915 is hereby amended to read as follows:
176.0915 1. If a biological specimen is obtained from a [defendant] person pursuant to NRS 176.0913, or section 13 of this act, and the person is convicted of the offense for which the biological specimen was obtained, the court, in addition to any other penalty, shall order the [defendant,] person, to the extent of the [defendants] persons financial ability, to pay the sum of $150 as a fee for obtaining the specimen and for conducting the [analysis to determine the] genetic [markers of the specimen.] marker analysis. The fee:
(a) Must be stated separately in the judgment of the court or on the docket of the court;
(b) Must be collected from the [defendant] person before or at the same time that any fine imposed by the court is collected from the [defendant;] person; and
(c) Must not be deducted from any fine imposed by the court.
2. All money that is collected pursuant to subsection 1 must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month.
3. The board of county commissioners of each county shall by ordinance create in the county treasury a fund to be designated as the fund for genetic marker [testing.] analysis. The county treasurer shall deposit money that is collected pursuant to subsection 2 in the fund for genetic marker [testing.] analysis. The money must be accounted for separately within the fund.
4. Each month, the county treasurer shall use the money deposited in the fund for genetic marker [testing] analysis to pay for the actual amount charged to the county for obtaining a biological specimen from a [defendant] person pursuant to NRS 176.0913 [.] or section 13 of this act.
5. The board of county commissioners of each county may apply for and accept grants, gifts, donations, bequests or devises which the board of county commissioners shall deposit with the county treasurer for credit to the fund for genetic marker [testing.] analysis.
6. If money remains in the fund after the county treasurer makes the payments required by subsection 4, the county treasurer shall pay the remaining money each month to the forensic laboratory that is designated by the county pursuant to NRS 176.0917 to conduct or oversee genetic marker [testing] analysis for the county. A forensic laboratory that receives money pursuant to this subsection shall use the money to cover any expense related to genetic marker [testing.] analysis.
Sec. 23. NRS 176.0916 is hereby amended to read as follows:
176.0916 1. If the Division is supervising a probationer or parolee pursuant to an interstate compact and the probationer or parolee is or has been convicted in another jurisdiction of violating a law that prohibits the same or similar conduct as an offense listed in subsection 4 of NRS 176.0913, unless a biological specimen was previously obtained upon arrest pursuant to section 13 of this act, the Division shall arrange for a biological specimen to be obtained from the probationer or parolee.
κ2013 Statutes of Nevada, Page 1071 (CHAPTER 252, SB 243)κ
same or similar conduct as an offense listed in subsection 4 of NRS 176.0913, unless a biological specimen was previously obtained upon arrest pursuant to section 13 of this act, the Division shall arrange for a biological specimen to be obtained from the probationer or parolee.
2. After a biological specimen is obtained from a probationer or parolee pursuant to this section, the Division shall:
(a) Provide the biological specimen to the forensic laboratory that has been designated by the county in which the probationer or parolee is residing to conduct or oversee genetic marker [testing] analysis for the county pursuant to NRS 176.0917; and
(b) Submit the name, social security number, date of birth , fingerprints and any other information identifying the probationer or parolee to the Central Repository.
3. Except as otherwise authorized by federal law or by specific statute, a biological specimen obtained pursuant to this section, the [results of a genetic marker analysis] DNA profile, the DNA record and any other information identifying or matching a biological specimen with a person must not be shared with or disclosed to any person other than the authorized personnel who have possession and control of the biological specimen, [results of a genetic marker analysis] the DNA profile, the DNA record or other information identifying or matching a biological specimen with a person, except pursuant to:
(a) A court order; or
(b) A request from a law enforcement agency during the course of an investigation.
4. A person who violates any provision of subsection 3 is guilty of a [misdemeanor.] category C felony and shall be punished as provided in NRS 193.130.
5. A probationer or parolee, to the extent of his or her financial ability, shall pay the sum of $150 to the Division as a fee for obtaining the biological specimen and for conducting the genetic marker analysis . [to determine the genetic markers of the biological specimen.] Except as otherwise provided in subsection 6, the fee required pursuant to this subsection must be collected from a probationer or parolee at the time the biological specimen is obtained from the probationer or parolee.
6. A probationer or parolee may arrange to make monthly payments of the fee required pursuant to subsection 5. If such arrangements are made, the Division shall provide a probationer or parolee with a monthly statement that specifies the date on which the next payment is due.
7. Any unpaid balance for a fee required pursuant to subsection 5 is a charge against the Division.
8. The Division shall deposit money that is collected pursuant to this section in the Fund for Genetic Marker [Testing,] Analysis, which is hereby created in the State General Fund. The money deposited in the Fund for Genetic Marker [Testing] Analysis must be used to pay for the actual amount charged to the Division for obtaining biological specimens from probationers and parolees, and for conducting [an analysis to determine the genetic markers] genetic marker analysis of the biological specimens.
Sec. 24. NRS 176.0917 is hereby amended to read as follows:
176.0917 1. The board of county commissioners of each county shall designate a forensic laboratory to conduct or oversee for the county any genetic marker [testing] analysis that is [ordered or arranged] required pursuant to NRS 176.0913 or 176.0916 [.]
κ2013 Statutes of Nevada, Page 1072 (CHAPTER 252, SB 243)κ
genetic marker [testing] analysis that is [ordered or arranged] required pursuant to NRS 176.0913 or 176.0916 [.] or section 13 of this act.
2. The forensic laboratory designated by the board of county commissioners pursuant to subsection 1:
(a) Must be operated by this State or one of its political subdivisions; and
(b) Must satisfy or exceed the standards for quality assurance that are established by the Federal Bureau of Investigation for participation in CODIS.
Sec. 25. NRS 179.225 is hereby amended to read as follows:
179.225 1. If the punishment of the crime is the confinement of the criminal in prison, the expenses must be paid from money appropriated to the Office of the Attorney General for that purpose, upon approval by the State Board of Examiners. After the appropriation is exhausted, the expenses must be paid from the Reserve for Statutory Contingency Account upon approval by the State Board of Examiners. In all other cases, they must be paid out of the county treasury in the county wherein the crime is alleged to have been committed. The expenses are:
(a) If the prisoner is returned to this State from another state, the fees paid to the officers of the state on whose governor the requisition is made;
(b) If the prisoner is returned to this State from a foreign country or jurisdiction, the fees paid to the officers and agents of this State or the United States; or
(c) If the prisoner is temporarily returned for prosecution to this State from another state pursuant to this chapter or chapter 178 of NRS and is then returned to the sending state upon completion of the prosecution, the fees paid to the officers and agents of this State,
Κ and the per diem allowance and travel expenses provided for state officers and employees generally incurred in returning the prisoner.
2. If a person is returned to this State pursuant to this chapter or chapter 178 of NRS and is convicted of, or pleads guilty, guilty but mentally ill or nolo contendere to, the criminal charge for which the person was returned or a lesser criminal charge, the court shall conduct an investigation of the financial status of the person to determine the ability to make restitution. In conducting the investigation, the court shall determine if the person is able to pay any existing obligations for:
(a) Child support;
(b) Restitution to victims of crimes; and
(c) Any administrative assessment required to be paid pursuant to NRS 62E.270, 176.059, 176.0611, 176.0613 and 176.062 [.] and section 15 of this act.
3. If the court determines that the person is financially able to pay the obligations described in subsection 2, it shall, in addition to any other sentence it may impose, order the person to make restitution for the expenses incurred by the Attorney General or other governmental entity in returning the person to this State. The court shall not order the person to make restitution if payment of restitution will prevent the person from paying any existing obligations described in subsection 2. Any amount of restitution remaining unpaid constitutes a civil liability arising upon the date of the completion of the sentence.
4. The Attorney General may adopt regulations to carry out the provisions of this section.
κ2013 Statutes of Nevada, Page 1073 (CHAPTER 252, SB 243)κ
Sec. 26. NRS 179A.075 is hereby amended to read as follows:
179A.075 1. The Central Repository for Nevada Records of Criminal History is hereby created within the Records and Technology Division of the Department.
2. Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:
(a) Collect and maintain records, reports and compilations of statistical data required by the Department; and
(b) Submit the information collected to the Central Repository in the manner approved by the Director of the Department.
3. Each agency of criminal justice shall submit the information relating to records of criminal history that it creates or issues, and any information in its possession relating to the [genetic markers of a biological specimen] DNA profile of a person [who is convicted of an offense listed in subsection 4 of] from whom a biological specimen is obtained pursuant to NRS 176.0913, or section 13 of this act, to the Division. The information must be submitted to the Division:
(a) Through an electronic network;
(b) On a medium of magnetic storage; or
(c) In the manner prescribed by the Director of the Department,
Κ within the period prescribed by the Director of the Department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.
4. The Division shall, in the manner prescribed by the Director of the Department:
(a) Collect, maintain and arrange all information submitted to it relating to:
(1) Records of criminal history; and
(2) The [genetic markers of a biological specimen] DNA profile of a person [who is convicted of an offense listed in subsection 4 of] from whom a biological specimen is obtained pursuant to NRS 176.0913 [.] or section 13 of this act.
(b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him or her.
(c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.
5. The Division may:
(a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;
(b) Enter into cooperative agreements with repositories of the United States and other states to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and
(c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the Central Repository submits to the Federal Bureau of Investigation and:
κ2013 Statutes of Nevada, Page 1074 (CHAPTER 252, SB 243)κ
(1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;
(2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;
(3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers Standards and Training Commission;
(4) For whom such information is required to be obtained pursuant to NRS 62B.270, 424.031, 427A.735, 432A.170, 433B.183 and 449.123; or
(5) About whom any agency of the State of Nevada or any political subdivision thereof is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.
Κ To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to this subsection, the Central Repository must receive the persons complete set of fingerprints from the agency or political subdivision and submit the fingerprints to the Federal Bureau of Investigation for its report.
6. The Central Repository shall:
(a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.
(b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.
(c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.
(d) Investigate the criminal history of any person who:
(1) Has applied to the Superintendent of Public Instruction for the issuance or renewal of a license;
(2) Has applied to a county school district, charter school or private school for employment; or
(3) Is employed by a county school district, charter school or private school,
Κ and notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.
(e) Upon discovery, notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:
(1) Investigated pursuant to paragraph (d); or
(2) Employed by a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,
Κ who the Central Repositorys records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repositorys initial investigation.
κ2013 Statutes of Nevada, Page 1075 (CHAPTER 252, SB 243)κ
Central Repositorys initial investigation. The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate.
(f) Investigate the criminal history of each person who submits fingerprints or has fingerprints submitted pursuant to NRS 62B.270, 424.031, 427A.735, 432A.170, 433B.183, 449.122 or 449.123.
(g) On or before July 1 of each year, prepare and present to the Governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the Governor throughout the year regarding specific areas of crime if they are approved by the Director of the Department.
(h) On or before July 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for submission to the Legislature, or to the Legislative Commission when the Legislature is not in regular session, a report containing statistical data about domestic violence in this State.
(i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2 and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.
7. The Central Repository may:
(a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.
(b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.
(c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.
8. As used in this section:
(a) Personal identifying information means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:
(1) The name, drivers license number, social security number, date of birth and photograph or computer-generated image of a person; and
(2) The fingerprints, voiceprint, retina image and iris image of a person.
(b) Private school has the meaning ascribed to it in NRS 394.103.
Sec. 27. NRS 179D.151 is hereby amended to read as follows:
179D.151 1. A record of registration must include, if the information is available:
[1.] (a) Information identifying the offender or sex offender, including, but not limited to:
κ2013 Statutes of Nevada, Page 1076 (CHAPTER 252, SB 243)κ
[(a)] (1) The name of the offender or sex offender and all aliases that the offender or sex offender has used or under which he or she has been known;
[(b)] (2) A complete physical description of the offender or sex offender, a current photograph of the offender or sex offender and the fingerprints and palm prints of the offender or sex offender;
[(c)] (3) The date of birth and the social security number of the offender or sex offender;
[(d)] (4) The identification number from a drivers license or an identification card issued to the offender or sex offender by this State or any other jurisdiction and a photocopy of such drivers license or identification card;
[(e) A report of the analysis of the genetic markers of the specimen obtained from the offender or sex offender pursuant to NRS 176.0913;]
(5) Information indicating whether the DNA profile and DNA record of the offender or sex offender has been entered in CODIS; and
[(f)] (6) Any other information that identifies the offender or sex offender.
[2.] (b) Except as otherwise provided in [subsection 3,] paragraph (c), information concerning the residence of the offender or sex offender, including, but not limited to:
[(a)] (1) The address at which the offender or sex offender resides;
[(b)] (2) The length of time the offender or sex offender has resided at that address and the length of time the offender or sex offender expects to reside at that address;
[(c)] (3) The address or location of any other place where the offender or sex offender expects to reside in the future and the length of time the offender or sex offender expects to reside there; and
[(d)] (4) The length of time the offender or sex offender expects to remain in the county where the offender or sex offender resides and in this State.
[3.] (c) If the offender or sex offender has no fixed residence, the address of any dwelling that is providing the offender or sex offender temporary shelter, or any other location where the offender or sex offender habitually sleeps, including, but not limited to, the cross streets, intersection, direction and identifiable landmarks of the city, county, state and zip code of that location.
[4.] (d) Information concerning the offenders or sex offenders occupations, employment or work or expected occupations, employment or work, including, but not limited to, the name, address and type of business of all current and expected future employers of the offender or sex offender.
[5.] (e) Information concerning the offenders or sex offenders volunteer service or expected volunteer service in connection with any activity or organization within this State, including, but not limited to, the name, address and type of each such activity or organization.
[6.] (f) Information concerning the offenders or sex offenders enrollment or expected enrollment as a student in any public or private educational institution or school within this State, including, but not limited to, the name, address and type of each such educational institution or school.
[7.] (g) Information concerning whether:
[(a)] (1) The offender or sex offender is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of the offenders or sex offenders enrollment at an institution of higher education; or
κ2013 Statutes of Nevada, Page 1077 (CHAPTER 252, SB 243)κ
of commencement or termination of the offenders or sex offenders enrollment at an institution of higher education; or
[(b)] (2) The offender or sex offender is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of the offenders or sex offenders work at an institution of higher education,
Κ including, but not limited to, the name, address and type of each such institution of higher education.
[8.] (h) The license plate number and a description of all motor vehicles registered to or frequently driven by the offender or sex offender.
[9.] (i) The level of registration and community notification of the offender or sex offender.
[10.] (j) The criminal history of the offender or sex offender, including, without limitation:
[(a)] (1) The dates of all arrests and convictions of the offender or sex offender;
[(b)] (2) The status of parole, probation or supervised release of the offender or sex offender;
[(c)] (3) The status of the registration of the offender or sex offender; and
[(d)] (4) The existence of any outstanding arrest warrants for the offender or sex offender.
[11.] (k) The following information for each offense for which the offender or sex offender has been convicted:
[(a)] (1) The court in which the offender or sex offender was convicted;
[(b)] (2) The text of the provision of law defining each offense;
[(c)] (3) The name under which the offender or sex offender was convicted;
[(d)] (4) The name and location of each penal institution, school, hospital, mental facility or other institution to which the offender or sex offender was committed;
[(e)] (5) The specific location where the offense was committed;
[(f)] (6) The age, the gender, the race and a general physical description of the victim; and
[(g)] (7) The method of operation that was used to commit the offense, including, but not limited to:
[(1)] (I) Specific sexual acts committed against the victim;
[(2)] (II) The method of obtaining access to the victim, such as the use of enticements, threats, forced entry or violence against the victim;
[(3)] (III) The type of injuries inflicted on the victim;
[(4)] (IV) The types of instruments, weapons or objects used;
[(5)] (V) The type of property taken; and
[(6)] (VI) Any other distinctive characteristic of the behavior or personality of the offender or sex offender.
[12.] (l) Any other information required by federal law.
2. As used in this section:
(a) CODIS has the meaning ascribed to it in section 4 of this act.
(b) DNA profile has the meaning ascribed to it in section 6 of this act.
(c) DNA record has the meaning ascribed to it in section 7 of this act.
κ2013 Statutes of Nevada, Page 1078 (CHAPTER 252, SB 243)κ
Sec. 28. NRS 179D.443 is hereby amended to read as follows:
179D.443 1. When an offender convicted of a crime against a child or a sex offender registers with a local law enforcement agency as required pursuant to NRS 179D.445, 179D.460 or 179D.480, or updates the registration as required pursuant to NRS 179D.447:
[1.] (a) The offender or sex offender shall provide the local law enforcement agency with the following:
[(a)] (1) The name of the offender or sex offender and all aliases that the offender or sex offender has used or under which the offender or sex offender has been known;
[(b)] (2) The social security number of the offender or sex offender;
[(c)] (3) The address of any residence or location at which the offender or sex offender resides or will reside;
[(d)] (4) The name and address of any place where the offender or sex offender is a worker or will be a worker;
[(e)] (5) The name and address of any place where the offender or sex offender is a student or will be a student;
[(f)] (6) The license plate number and a description of all motor vehicles registered to or frequently driven by the offender or sex offender; and
[(g)] (7) Any other information required by federal law.
[2.] (b) If the offender or sex offender has not previously provided a biological specimen pursuant to NRS 176.0913 or 176.0916, or section 13 of this act, the offender or sex offender shall provide a biological specimen to the local law enforcement agency. The local law enforcement agency shall provide the specimen to the forensic laboratory that has been designated by the county in which the offender or sex offender resides, is present or is a worker or student to conduct or oversee genetic marker [testing] analysis for the county pursuant to NRS 176.0917.
[3.] (c) The local law enforcement agency shall ensure that the record of registration of the offender or sex offender includes, without limitation:
[(a)] (1) A complete physical description of the offender or sex offender, a current photograph of the offender or sex offender and the fingerprints and palm prints of the offender or sex offender;
[(b)] (2) The text of the provision of law defining each offense for which the offender or sex offender is required to register;
[(c)] (3) The criminal history of the offender or sex offender, including, without limitation:
[(1)] (I) The dates of all arrests and convictions of the offender or sex offender;
[(2)] (II) The status of parole, probation or supervised release of the offender or sex offender;
[(3)] (III) The status of the registration of the offender or sex offender; and
[(4)] (IV) The existence of any outstanding arrest warrants for the offender or sex offender;
[(d) A report of the analysis of the genetic markers of the specimen obtained from the offender or sex offender;
(e)] (4) Information indicating whether the DNA profile and DNA record of the offender or sex offender has been entered in CODIS;
κ2013 Statutes of Nevada, Page 1079 (CHAPTER 252, SB 243)κ
(5) The identification number from a drivers license or an identification card issued to the offender or sex offender by this State or any other jurisdiction and a photocopy of such drivers license or identification card; and
[(f)] (6) Any other information required by federal law.
2. As used in this section:
(a) CODIS has the meaning ascribed to it in section 4 of this act.
(b) DNA profile has the meaning ascribed to it in section 6 of this act.
(c) DNA record has the meaning ascribed to it in section 7 of this act.
Sec. 29. NRS 209.247 is hereby amended to read as follows:
209.247 Except as otherwise provided in NRS 209.2475, the Director may make the following deductions, in the following order of priority, from any money deposited in the individual account of an offender from any source other than the offenders wages:
1. An amount the Director deems reasonable for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime created pursuant to NRS 217.260.
2. An amount the Director considers reasonable to meet an existing obligation of the offender for the support of the offenders family.
3. An amount determined by the Director, with the approval of the Board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the Department. An amount deducted pursuant to this subsection may include, but is not limited to, an amount to offset the cost of participation by the offender pursuant to NRS 209.4231 to 209.4244, inclusive, in a therapeutic community or a program of aftercare, or both.
4. A deduction pursuant to NRS 209.246.
5. An amount determined by the Director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his or her release or, if the offender dies before his or her release, to defray expenses related to arrangements for the offenders funeral.
6. An amount the Director considers reasonable to meet an existing obligation of the offender for restitution to a victim of his or her crime.
7. An amount the Director considers reasonable to pay the balance of an administrative assessment included in the judgment entered against the offender for each crime for which the offender is incarcerated and the balance of an unpaid administrative assessment included in a judgment entered against the offender for a crime committed in this state for which the offender was previously convicted. An amount deducted from a source other than the wages earned by the offender during his or her incarceration, pursuant to this subsection, must be submitted:
(a) If the offender does not have an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he or she is incarcerated.
(b) If the offender has an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which an administrative assessment is owing, until the balance owing has been paid.
κ2013 Statutes of Nevada, Page 1080 (CHAPTER 252, SB 243)κ
8. An amount the Director considers reasonable to pay the balance of a fine included in the judgment entered against the offender for each crime for which the offender is incarcerated and the balance of an unpaid fine included in a judgment entered against the offender for a crime committed in this state for which the offender was previously convicted. An amount deducted from any source other than the wages earned by the offender during his or her incarceration, pursuant to this subsection, must be submitted:
(a) If the offender does not have a fine owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he or she is incarcerated.
(b) If the offender has a fine owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which any fine or administrative assessment is owing, until the balance owing has been paid.
9. An amount the Director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker [testing] analysis and included in the judgment entered against the offender pursuant to NRS 176.0915.
Κ The Director shall determine the priority of any other deduction authorized by law from any source other than the wages earned by the offender during his or her incarceration.
Sec. 30. NRS 209.463 is hereby amended to read as follows:
209.463 Except as otherwise provided in NRS 209.2475, the Director may make the following deductions, in the following order of priority, from the wages earned by an offender from any source during the offenders incarceration:
1. If the hourly wage of the offender is equal to or greater than the federal minimum wage:
(a) An amount the Director deems reasonable for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime.
(b) An amount the Director considers reasonable to meet an existing obligation of the offender for the support of his or her family.
(c) An amount determined by the Director, with the approval of the Board, for deposit in the State Treasury for credit to the Fund for New Construction of Facilities for Prison Industries, but only if the offender is employed through a program for prison industries.
(d) An amount determined by the Director for deposit in the individual account of the offender in the Prisoners Personal Property Fund.
(e) An amount determined by the Director, with the approval of the Board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the Department. An amount deducted pursuant to this paragraph may include, but is not limited to, an amount to offset the cost of participation by the offender pursuant to NRS 209.4231 to 209.4244, inclusive, in a therapeutic community or a program of aftercare, or both.
(f) A deduction pursuant to NRS 209.246.
(g) An amount determined by the Director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his or her release, or if the offender dies before his or her release, to defray expenses related to arrangements for his or her funeral.
(h) An amount the Director considers reasonable to meet an existing obligation of the offender for restitution to any victim of his or her crime.
κ2013 Statutes of Nevada, Page 1081 (CHAPTER 252, SB 243)κ
(i) An amount the Director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker [testing] analysis and included in the judgment entered against the offender pursuant to NRS 176.0915.
(j) An amount the Director considers reasonable to pay the balance of an administrative assessment included in the judgment entered against the offender for each crime for which the offender is incarcerated and the balance of an unpaid administrative assessment included in a judgment entered against the offender for a crime committed in this state for which the offender was previously convicted. An amount deducted from the wages of the offender pursuant to this paragraph must be submitted:
(1) If the offender does not have an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which the offender is incarcerated.
(2) If the offender has an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which an administrative assessment is owing, until the balance owing has been paid.
(k) An amount the Director considers reasonable to pay the balance of a fine included in the judgment entered against the offender for each crime for which the offender is incarcerated and the balance of an unpaid fine included in a judgment entered against the offender for a crime committed in this state for which the offender was previously convicted. An amount deducted from the wages of the offender pursuant to this paragraph must be submitted:
(1) If the offender does not have a fine owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which the offender is incarcerated.
(2) If the offender has a fine owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which a fine or administrative assessment is owing, until the balance owing has been paid.
Κ The Director shall determine the priority of any other deduction authorized by law from the wages earned by the offender from any source during the offenders incarceration.
2. If the hourly wage of the offender is less than the federal minimum wage:
(a) An amount the Director deems reasonable for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime.
(b) An amount determined by the Director, with the approval of the Board, for deposit in the State Treasury for credit to the Fund for New Construction of Facilities for Prison Industries, but only if the offender is employed through a program for prison industries.
(c) An amount determined by the Director for deposit in the individual account of the offender in the Prisoners Personal Property Fund.
(d) An amount determined by the Director, with the approval of the Board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the Department. An amount deducted pursuant to this paragraph may include, but is not limited to, an amount to offset the cost of participation by the offender pursuant to NRS 209.4231 to 209.4244, inclusive, in a therapeutic community or a program of aftercare, or both.
κ2013 Statutes of Nevada, Page 1082 (CHAPTER 252, SB 243)κ
(e) A deduction pursuant to NRS 209.246.
(f) An amount the Director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker [testing] analysis and included in the judgment entered against the offender pursuant to NRS 176.0915.
(g) An amount determined by the Director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to the offenders release, or if the offender dies before the offenders release, to defray expenses related to arrangements for the offenders funeral.
Κ The Director shall determine the priority of any other deduction authorized by law from the wages earned by the offender from any source during the offenders incarceration.
Sec. 31. NRS 211.245 is hereby amended to read as follows:
211.245 1. If a prisoner fails to make a payment within 10 days after it is due, the district attorney for a county or the city attorney for an incorporated city may file a civil action in any court of competent jurisdiction within this State seeking recovery of:
(a) The amount of reimbursement due;
(b) Costs incurred in conducting an investigation of the financial status of the prisoner; and
(c) Attorneys fees and costs.
2. A civil action brought pursuant to this section must:
(a) Be instituted in the name of the county or city in which the jail, detention facility or alternative program is located;
(b) Indicate the date and place of sentencing, including, without limitation, the name of the court which imposed the sentence;
(c) Include the record of judgment of conviction, if available;
(d) Indicate the length of time served by the prisoner and, if the prisoner has been released, the date of his or her release; and
(e) Indicate the amount of reimbursement that the prisoner owes to the county or city.
3. The county or city treasurer of the county or incorporated city in which a prisoner is or was confined shall determine the amount of reimbursement that the prisoner owes to the city or county. The county or city treasurer may render a sworn statement indicating the amount of reimbursement that the prisoner owes and submit the statement in support of a civil action brought pursuant to this section. Such a statement is prima facie evidence of the amount due.
4. A court in a civil action brought pursuant to this section may award a money judgment in favor of the county or city in whose name the action was brought.
5. If necessary to prevent the disposition of the prisoners property by the prisoner, or the prisoners spouse or agent, a county or city may file a motion for a temporary restraining order. The court may, without a hearing, issue ex parte orders restraining any person from transferring, encumbering, hypothecating, concealing or in any way disposing of any property of the prisoner, real or personal, whether community or separate, except for necessary living expenses.
6. The payment, pursuant to a judicial order, of existing obligations for:
(a) Child support or alimony;
(b) Restitution to victims of crimes; and
κ2013 Statutes of Nevada, Page 1083 (CHAPTER 252, SB 243)κ
(c) Any administrative assessment required to be paid pursuant to NRS 62E.270, 176.059, 176.0611, 176.0613 and 176.062, and section 15 of this act,
Κ has priority over the payment of a judgment entered pursuant to this section.
Sec. 32. NRS 249.085 is hereby amended to read as follows:
249.085 On or before the 15th day of each month, the county treasurer shall report to the State Controller the amount of the administrative assessments paid by each justice court for the preceding month pursuant to NRS 176.059 and 176.0613 [.] and section 15 of this act.
Sec. 33. 1. If a person is convicted of an offense listed in subsection 4 of NRS 176.0913, regardless of the date upon which the conviction is entered, and the person has not previously submitted a biological specimen, the Department of Corrections shall arrange for a biological specimen to be obtained before the person is released from custody, if the person is in the custody of the Department of Corrections.
2. For the purposes of NRS 176.0911 to 176.0917, inclusive, as amended by this act, a biological specimen obtained pursuant to this section shall be deemed to be a biological specimen obtained pursuant to NRS 176.0913, must be treated as a biological specimen obtained pursuant to NRS 176.0913 and is subject to the provisions of NRS 176.0913 as if the biological specimen were obtained pursuant to NRS 176.0913.
Sec. 34. 1. Except as otherwise provided in subsection 2, the amendatory provisions of this act apply to a person who is arrested on or after July 1, 2014.
2. The provisions of:
(a) Section 15 of this act apply to a person who pleads guilty, is found guilty or enters a plea of nolo contendere to a misdemeanor, gross misdemeanor or felony, including the violation of any municipal ordinance, on or after July 1, 2013.
(b) Section 33 of this act apply to a person who is convicted of an offense listed in subsection 4 of NRS 176.0913 before, on or after July 1, 2014.
Sec. 35. This act becomes effective on July 1, 2013.
________
κ2013 Statutes of Nevada, Page 1084κ
Assembly Bill No. 155Assemblymen Eisen, Frierson; Benitez-Thompson, Carrillo, Dondero Loop, Duncan, Flores, Healey, Kirkpatrick and Oscarson
Joint Sponsors: Senators Jones and Hardy
CHAPTER 253
[Approved: May 29, 2013]
AN ACT relating to children; revising provisions governing persons who are required to report the abuse or neglect of a child; revising provisions governing the punishment for the failure of a person to report the abuse or neglect of a child; revising provisions governing investigations of reports concerning the possible abuse or neglect of a child; revising provisions relating to the abandonment of a newborn child to a provider of emergency services; requiring the Legislative Committee on Health Care to review certain provisions governing a person who provides a service related to health care; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, persons in certain professions and occupations are required, if the person in his or her professional or occupational capacity knows or has reasonable cause to believe that a child has been abused or neglected, to report the abuse or neglect to an agency which provides child welfare services or to a law enforcement agency. (NRS 432B.220) Section 2 of this bill revises the manner in which those persons are specified in existing law and provides that those persons must be informed in writing or by electronic communication of their duty as mandatory reporters. Those persons must also provide a written acknowledgment or an electronic record of having been so informed. The party responsible for informing the person and maintaining a copy of the acknowledgment or record is: (1) the entity responsible for the licensure, certification or endorsement of the person in this State if such licensure, certification or endorsement is required in the persons professional or occupational capacity; or (2) the employer of the person if no licensure, certification or endorsement in this State is required. Section 5 of this bill requires those mandatory reporters currently holding a license, certificate or endorsement in this State to be informed of their duty as mandatory reporters at the next renewal of their license, certificate or endorsement and requires those current mandatory reporters who are not required to be licensed, certified or endorsed by this State to be informed of their duty as mandatory reporters by their employer on or before December 31, 2013.
Section 1.5 of this bill requires the Legislative Committee on Health Care to review, after each regular session of the Nevada Legislature, any chapter added to title 39, 40 or 54 of NRS that authorizes or requires the issuance of a license, permit or certificate to a person who provides any service related to health care to determine if the person should be included as a person required to report the abuse or neglect of a child. Section 1.5 also requires the Committee, before the next regular session of the Legislature, to prepare and submit to the Legislature a report concerning the findings of the Committee. The report must include, without limitation, any recommended legislation.
κ2013 Statutes of Nevada, Page 1085 (CHAPTER 253, AB 155)κ
Existing law requires an attorney to report the abuse or neglect of a child unless the attorney acquired the knowledge of the abuse or neglect from a client who is or may be accused of the abuse or neglect. (NRS 432B.220) Section 1.7 of this bill provides that an attorney is not required to report the abuse or neglect of a child if the attorney acquired the knowledge of the abuse or neglect from a client during a privileged communication if the client: (1) has been or may be accused of committing the abuse or neglect; or (2) is the victim of the abuse or neglect and is in foster care, except that the attorney may report the abuse or neglect with the consent of the child.
Under existing law, a failure to report the abuse or neglect of a child by a person with a duty to report the abuse or neglect is punishable as a misdemeanor. (NRS 432B.240) Section 3 of this bill provides that a first violation of the duty to report is punishable as a misdemeanor, and any subsequent violation is punishable as a gross misdemeanor.
Existing law requires an agency which provides child welfare services to immediately initiate an investigation upon receipt of a report concerning the possible abuse or neglect of a child if the report indicates that: (1) the child is 5 years of age or younger; (2) there is a high risk of serious harm to the child; (3) the child has died; or (4) the child is living in a household in which another child has died, been seriously injured or shows signs of abuse. (NRS 432B.260) Section 3.5 of this bill deletes the requirement for an immediate investigation when the report concerns the possible abuse or neglect of a child who is 5 years of age or younger.
Under existing law, a parent may voluntarily leave a child who is not more than 30 days old with a provider of emergency services under certain circumstances, thereby presumably abandoning the child. That law is commonly referred to as Nevadas Safe Haven Law. (NRS 432B.630) Section 4 of this bill expands the definition of provider of emergency services to include a volunteer fire department and any ambulance service holding a permit issued in this State.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 and 1.7 of this act.
Sec. 1.5. The Legislative Committee on Health Care shall:
1. After each regular session of the Legislature, review any chapter added to title 39, 40 or 54 of NRS that authorizes or requires the issuance of a license, permit or certificate to a person who provides any service related to health care to determine if the person should be included as a person required to make a report pursuant to NRS 432B.220; and
2. Before the beginning of the next regular session of the Legislature, prepare a report concerning its findings pursuant to subsection 1 and submit the report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature. The report must include, without limitation, any recommended legislation.
Sec. 1.7. 1. Notwithstanding the provisions of NRS 432B.220, an attorney shall not make a report of the abuse or neglect of a child if the attorney acquired knowledge of the abuse or neglect from a client during a privileged communication if the client:
(a) Has been or may be accused of committing the abuse or neglect; or
(b) Is the victim of the abuse or neglect, is in foster care and did not give consent to the attorney to report the abuse or neglect.
2. Nothing in this section shall be construed as relieving an attorney from:
κ2013 Statutes of Nevada, Page 1086 (CHAPTER 253, AB 155)κ
(a) Except as otherwise provided in subsection 1, the duty to report the abuse or neglect of a child pursuant to NRS 432B.220; or
(b) Complying with any ethical duties of attorneys as set forth in the Nevada Rules of Professional Conduct, including, without limitation, any duty to take reasonably necessary actions to protect the client of the attorney if the client is not capable of making adequately considered decisions because of age, mental impairment or any other reason. Such actions may include, without limitation, consulting with other persons who may take actions to protect the client and, when appropriate, seeking the appointment of a guardian ad litem, conservator or guardian.
Sec. 2. NRS 432B.220 is hereby amended to read as follows:
432B.220 1. Any person who is described in subsection 4 and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:
(a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency; and
(b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.
2. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:
(a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of the home for a portion of the day, the person shall make the report to a law enforcement agency.
(b) An agency which provides child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.
3. Any person who is described in paragraph (a) of subsection 4 who delivers or provides medical services to a newborn infant and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by prenatal illegal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services. A notification and referral to an agency which provides child welfare services pursuant to this subsection shall not be construed to require prosecution for any illegal action.
4. A report must be made pursuant to subsection 1 by the following persons:
(a) A [physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, clinical social worker, music therapist, athletic trainer, advanced emergency medical technician or other] person providing [medical] services licensed or certified in this State [.]
κ2013 Statutes of Nevada, Page 1087 (CHAPTER 253, AB 155)κ
clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, clinical social worker, music therapist, athletic trainer, advanced emergency medical technician or other] person providing [medical] services licensed or certified in this State [.] pursuant to, without limitation, chapter 450B, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637A, 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B or 641C of NRS.
(b) Any personnel of a [hospital or similar institution] medical facility licensed pursuant to chapter 449 of NRS who are engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of [a hospital or similar institution] such a medical facility upon notification of suspected abuse or neglect of a child by a member of the staff of the [hospital.] medical facility.
(c) A coroner.
(d) A member of the clergy, practitioner of Christian Science or religious healer, unless the person has acquired the knowledge of the abuse or neglect from the offender during a confession.
(e) A [social worker and an administrator, teacher, librarian or counselor of] person working in a school [.] who is licensed or endorsed pursuant to chapter 391 or 641B of NRS.
(f) Any person who maintains or is employed by a facility or establishment that provides care for children, childrens camp or other public or private facility, institution or agency furnishing care to a child.
(g) Any person licensed pursuant to chapter 424 of NRS to conduct a foster home.
(h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer.
(i) [An] Except as otherwise provided in section 1.7 of this act, an attorney . [, unless the attorney has acquired the knowledge of the abuse or neglect from a client who is or may be accused of the abuse or neglect.]
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.
(k) Any person who is employed by or serves as a volunteer for a youth shelter. As used in this paragraph, youth shelter has the meaning ascribed to it in NRS 244.427.
(l) Any adult person who is employed by an entity that provides organized activities for children.
5. A report may be made by any other person.
6. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to an agency which provides child welfare services or a law enforcement agency. If such a report is made to a law enforcement agency, the law enforcement agency shall notify an agency which provides child welfare services and the appropriate medical examiner or coroner of the report. If such a report is made to an agency which provides child welfare services, the agency which provides child welfare services shall notify the appropriate medical examiner or coroner of the report. The medical examiner or coroner who is notified of a report pursuant to this subsection shall investigate the report and submit his or her written findings to the appropriate agency which provides child welfare services, the appropriate district attorney and a law enforcement agency.
κ2013 Statutes of Nevada, Page 1088 (CHAPTER 253, AB 155)κ
appropriate agency which provides child welfare services, the appropriate district attorney and a law enforcement agency. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.
7. The agency, board, bureau, commission, department, division or political subdivision of the State responsible for the licensure, certification or endorsement of a person who is described in subsection 4 and who is required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State shall, at the time of initial licensure, certification or endorsement:
(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;
(b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section; and
(c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is licensed, certified or endorsed in this State.
8. The employer of a person who is described in subsection 4 and who is not required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State must, upon initial employment of the person:
(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;
(b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section; and
(c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is employed by the employer.
Sec. 3. NRS 432B.240 is hereby amended to read as follows:
432B.240 Any person who knowingly and willfully violates the provisions of NRS 432B.220 is guilty of :
1. For the first violation, a misdemeanor.
2. For each subsequent violation, a gross misdemeanor.
Sec. 3.5. NRS 432B.260 is hereby amended to read as follows:
432B.260 1. Upon the receipt of a report concerning the possible abuse or neglect of a child, an agency which provides child welfare services or a law enforcement agency shall promptly notify the appropriate licensing authority, if any. A law enforcement agency shall promptly notify an agency which provides child welfare services of any report it receives.
2. Upon receipt of a report concerning the possible abuse or neglect of a child, an agency which provides child welfare services or a law enforcement agency shall immediately initiate an investigation if the report indicates that:
(a) [The child is 5 years of age or younger;
(b)] There is a high risk of serious harm to the child;
[(c)] (b) The child has suffered a fatality; or
[(d)] (c) The child is living in a household in which another child has died, or the child is seriously injured or has visible signs of physical abuse.
3. Except as otherwise provided in subsection 2, upon receipt of a report concerning the possible abuse or neglect of a child or notification from a law enforcement agency that the law enforcement agency has received such a report, an agency which provides child welfare services shall conduct an evaluation not later than 3 days after the report or notification was received to determine whether an investigation is warranted.
κ2013 Statutes of Nevada, Page 1089 (CHAPTER 253, AB 155)κ
evaluation not later than 3 days after the report or notification was received to determine whether an investigation is warranted. For the purposes of this subsection, an investigation is not warranted if:
(a) The child is not in imminent danger of harm;
(b) The child is not vulnerable as the result of any untreated injury, illness or other physical, mental or emotional condition that threatens the immediate health or safety of the child;
(c) The alleged abuse or neglect of the child or the alleged effect of prenatal illegal substance abuse on or the withdrawal symptoms resulting from any prenatal drug exposure of the newborn infant could be eliminated if the child and the family of the child are referred to or participate in social or health services offered in the community, or both; or
(d) The agency determines that the:
(1) Alleged abuse or neglect was the result of the reasonable exercise of discipline by a parent or guardian of the child involving the use of corporal punishment, including, without limitation, spanking or paddling; and
(2) Corporal punishment so administered was not so excessive as to constitute abuse or neglect as described in NRS 432B.150.
4. If the agency determines that an investigation is warranted, the agency shall initiate the investigation not later than 3 days after the evaluation is completed.
5. If an agency which provides child welfare services investigates a report of alleged abuse or neglect of a child pursuant to NRS 432B.010 to 432B.400, inclusive, the agency shall inform the person responsible for the childs welfare who is named in the report as allegedly causing the abuse or neglect of the child of any allegation which is made against the person at the initial time of contact with the person by the agency. The agency shall not identify the person responsible for reporting the alleged abuse or neglect.
6. Except as otherwise provided in this subsection, if the agency determines that an investigation is not warranted, the agency may, as appropriate:
(a) Provide counseling, training or other services relating to child abuse and neglect to the family of the child, or refer the family to a person who has entered into an agreement with the agency to provide those services; or
(b) Conduct an assessment of the family of the child to determine what services, if any, are needed by the family and, if appropriate, provide any such services or refer the family to a person who has entered into a written agreement with the agency to make such an assessment.
Κ If an agency determines that an investigation is not warranted for the reason set forth in paragraph (d) of subsection 3, the agency shall take no further action in regard to the matter and shall delete all references to the matter from its records.
7. If an agency which provides child welfare services enters into an agreement with a person to provide services to a child or the family of the child pursuant to subsection 6, the agency shall require the person to notify the agency if the child or the family refuses or fails to participate in the services, or if the person determines that there is a serious risk to the health or safety of the child.
8. An agency which provides child welfare services that determines that an investigation is not warranted may, at any time, reverse that determination and initiate an investigation.
κ2013 Statutes of Nevada, Page 1090 (CHAPTER 253, AB 155)κ
9. An agency which provides child welfare services and a law enforcement agency shall cooperate in the investigation, if any, of a report of abuse or neglect of a child.
Sec. 4. NRS 432B.630 is hereby amended to read as follows:
432B.630 1. A provider of emergency services shall take immediate possession of a child who is or appears to be not more than 30 days old:
(a) When:
(1) The child is voluntarily delivered to the provider by a parent of the child; and
(2) The parent does not express an intent to return for the child; or
(b) When the child is delivered to the provider by another provider of emergency services pursuant to paragraph (b) of subsection 2.
2. A provider of emergency services who takes possession of a child pursuant to subsection 1 shall:
(a) Whenever possible, inform the parent of the child that:
(1) By allowing the provider to take possession of the child, the parent is presumed to have abandoned the child;
(2) By failing or refusing to provide an address where the parent can be located, the parent waives any notice of the hearing to be conducted pursuant to NRS 432B.470; and
(3) Unless the parent contacts the local agency which provides child welfare services, action will be taken to terminate his or her parental rights regarding the child.
(b) Perform any act necessary to maintain and protect the physical health and safety of the child. If the provider is a public fire-fighting agency [or] , a volunteer fire department, a law enforcement agency [,] or an ambulance service, the provider shall immediately cause the safe delivery of the child to a hospital, an obstetric center or an independent center for emergency medical care licensed pursuant to chapter 449 of NRS.
(c) As soon as reasonably practicable but not later than 24 hours after the provider takes possession of the child, report that possession to an agency which provides child welfare services and, if the provider is not a law enforcement agency, to a law enforcement agency. The law enforcement agency shall notify the Clearinghouse and investigate further, if necessary, using any other resources to determine whether the child has been reported as a missing child. Upon conclusion of the investigation, the law enforcement agency shall inform the agency which provides child welfare services of its determination. The agency which provides child welfare services shall maintain that information for statistical and research purposes.
3. A parent who delivers a child to a provider of emergency services pursuant to paragraph (a) of subsection 1:
(a) Shall leave the child:
(1) In the physical possession of a person who the parent has reasonable cause to believe is an employee of the provider; or
(2) On the property of the provider in a manner and location that the parent has reasonable cause to believe will not threaten the physical health or safety of the child, and immediately contact the provider, through the local emergency telephone number or otherwise, and inform the provider of the delivery and location of the child. A provider of emergency services is not liable for any civil damages as a result of any harm or injury sustained by a child after the child is left on the property of the provider pursuant to this subparagraph and before the provider is informed of the delivery and location of the child pursuant to this subparagraph or the provider takes physical possession of the child, whichever occurs first.
κ2013 Statutes of Nevada, Page 1091 (CHAPTER 253, AB 155)κ
location of the child pursuant to this subparagraph or the provider takes physical possession of the child, whichever occurs first.
(b) Shall be deemed to have given consent to the performance of all necessary emergency services and care for the child.
(c) Must not be required to provide any background or medical information regarding the child, but may voluntarily do so.
(d) Unless there is reasonable cause to believe that the child has been abused or neglected, excluding the mere fact that the parent has delivered the child to the provider pursuant to subsection 1:
(1) Must not be required to disclose any identifying information, but may voluntarily do so;
(2) Must be allowed to leave at any time; and
(3) Must not be pursued or followed.
4. As used in this section:
(a) Clearinghouse has the meaning ascribed to it in NRS 432.150.
(b) Provider of emergency services means:
(1) A hospital, an obstetric center or an independent center for emergency medical care licensed pursuant to chapter 449 of NRS;
(2) A public fire-fighting agency [; or] , including, without limitation, a volunteer fire department;
(3) A law enforcement agency [.] ; or
(4) An ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS.
Sec. 5. 1. The agency, board, bureau, commission, department, division or political subdivision of the State responsible for the licensure, certification or endorsement of a person who is described in subsection 4 of NRS 432B.220, as amended by section 2 of this act, who is required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State and who is already licensed, certified or endorsed on October 1, 2013, shall, upon the next renewal of the license, certificate or endorsement:
(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to that section;
(b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to that section; and
(c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is licensed, certified or endorsed in this State.
2. The employer of a person who is described in subsection 4 of NRS 432B.220, as amended by section 2 of this act, who is not required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State and who is already employed on October 1, 2013, must, on or before December 31, 2013:
(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to that section;
(b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to that section; and
(c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is employed by the employer.
________
κ2013 Statutes of Nevada, Page 1092κ
Senate Bill No. 18Committee on Government Affairs
CHAPTER 254
[Approved: May 29, 2013]
AN ACT relating to the military; revising and updating certain provisions governing military justice; revising and updating certain other provisions governing the Office of the Military, Nevada National Guard, Nevada National Guard Reserve and volunteer military organizations licensed by the Governor; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law contains the Nevada Code of Military Justice, which provides a system of adjudicating guilt and punishing offenders within the Nevada National Guard. (NRS 412.196-412.584) Sections 8, 65 and 66 of this bill specify personal and subject matter jurisdiction under the Code. Existing law allows commanding officers to impose certain types of nonjudicial punishment upon servicemen and servicewomen under their command. (NRS 412.286-412.302) Sections 10-17, 67-70, 107 and 110 of this bill modify provisions governing nonjudicial punishment.
Existing law provides for courts-martial to adjudicate certain offenses under the Code. (NRS 412.304-412.448) Sections 18-32, 72-97 and 100-103 of this bill revise provisions governing courts-martial. Sections 30 and 31 provide that certain persons found incompetent to stand trial by court-martial or not guilty by reason of lack of mental responsibility in court-martial proceedings are committed to the care of a suitable facility. Section 97 gives general courts-martial the authority to impose a punishment of confinement for up to 10 years. Convicted servicemen and servicewomen serve their confinement in civil jails, detention facilities, penitentiaries or certain prisons. (NRS 412.276, 412.414)
Existing law specifies military offenses triable by courts-martial. (NRS 412.452-412.562) Sections 33-40 of this bill add to this list of offenses acting as a spy, espionage, possession of controlled substances, sexual assault, stalking, larceny, wrongful appropriation, extortion and assault.
Section 41 of this bill specifies who may administer oaths for the purposes of military administration, including military justice. Sections 42 and 43 of this bill specify how the Code is to be construed.
Existing law establishes the Nevada National Guard as an organized body of enlisted personnel and commissioned officers. (NRS 412.026) Section 44 of this bill establishes the Nevada Enlisted Association of the National Guard of the United States, a group of current and retired enlisted personnel of the Nevada National Guard.
Section 53 of this bill conditions a program promoting rifle practice on the availability of funds from the State or Federal Government. (NRS 412.088)
Existing law provides that the Nevada National Guard cannot discriminate on the basis of race, creed, color, sex or national origin. (NRS 412.116) Section 54 of this bill prohibits discrimination on the basis of gender or sexual orientation as well, while deleting language specifically prohibiting discrimination based on sex.
Section 57 of this bill provides that members of the Nevada National Guard deployed to perform an emergency are to be compensated according to their respective military grade and pay status instead of receiving compensation equal to that received by the main labor force in the service of the State or Federal Government as they do under existing law. (NRS 412.138)
Section 106 of this bill modifies the procedure for making a complaint against a commanding officer. (NRS 412.568) Section 108 of this bill exempts persons subject to the Code from liability for acts or omissions performed as part of their duties under the Code. Section 110 of this bill repeals allowances provided to servicemen and servicewomen of the Nevada National Guard for uniforms and equipment.
κ2013 Statutes of Nevada, Page 1093 (CHAPTER 254, SB 18)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 412 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 44, inclusive, of this act.
Sec. 2. Nonjudicial punishment means punishment that is imposed:
1. Pursuant to NRS 412.286 to 412.302, inclusive, and sections 10 to 17, inclusive, of this act;
2. Against an accused, through the chain of command, by the accuseds commanding officer or other officer in charge; and
3. Without the need to convene a court-martial.
Sec. 3. Principal assistant means a commissioned officer of the state military forces serving immediately subordinate to the convening authority.
Sec. 4. Restraint-of-freedom punishments means restriction and arrest in quarters.
Sec. 5. Senior force judge advocate means the senior judge advocate of the commanding officer of the same force of the state military forces as the accused, and who is that commanding officers chief legal advisor.
Sec. 6. State military forces means the members of the Nevada National Guard, reservists of the Nevada National Guard, and volunteer military organizations licensed by the Governor pursuant to NRS 412.126 to organize, drill and bear arms as volunteer military companies or volunteer military organizations.
Sec. 7. 1. The principal assistant shall assume command in the event of the commanding officers death, prolonged absence or disability.
2. In the case of the Nevada Air National Guard, the principal assistant may include an officer who lacks an aeronautical rating, as defined in Air Force Instruction 11-402 § 2.2, as it may be amended or replaced, and is serving in a position immediately subordinate to the convening authority.
3. Any delegation of authority to a principal assistant must be in writing, unless exigencies prevent such written delegation. If exigencies prevent written delegation, verbal authorization is sufficient and must be reduced to writing as soon as possible thereafter.
Sec. 8. 1. The following persons are subject to jurisdiction under this Code:
(a) Any person described in subsection 1 of NRS 412.254 or who is a member of the state military forces; and
(b) Any person who is in the custody of the state military forces before trial or who is serving a sentence imposed by a court-martial.
2. Any person described in subsection 1 is subject to this Code until the persons active service has been terminated in accordance with the law or regulations of the state military forces and the National Guard Bureau and the regulations applicable to that persons service.
Sec. 9. No member of the state military forces may be placed in confinement in immediate association with:
κ2013 Statutes of Nevada, Page 1094 (CHAPTER 254, SB 18)κ
1. An enemy prisoner; or
2. A person who is a citizen of a country other than the United States and who is not a member of the Armed Forces of the United States.
Sec. 10. 1. Each commanding officer shall maintain good order and discipline in his or her command. If a commanding officer determines that he or she can maintain good order and discipline through effective leadership, including, without limitation, administrative and corrective measures, he or she must do so. If a commanding officer determines that he or she cannot maintain good order and discipline through effective leadership, including, without limitation, administrative and corrective measures, he or she may pursue punitive measures.
2. In determining the appropriate method of punishment, a commanding officer must consider, without limitation:
(a) The nature of the offense;
(b) The nature of the punishment;
(c) The record of the offending serviceman or servicewoman;
(d) The need to maintain good order and discipline; and
(e) The likely effect of the punitive measures on the record of the offending serviceman or servicewoman.
3. Each commanding officer shall, insofar as is practicable, take action to ensure that:
(a) Military justice is exercised promptly and fairly; and
(b) Each matter of a disciplinary or punitive nature is resolved:
(1) At the lowest appropriate level; and
(2) Using the least severe punishment appropriate to the offense.
Sec. 11. 1. This section sets forth the law, policies and procedures for nonjudicial punishment in the state military forces. Unless modified by this Code, the procedures contained in Chapter 3 of Army Regulation 27-10 and Air Force Instruction 51-202, as they may be amended or replaced, apply to nonjudicial punishment in this Code.
2. Each commanding officer shall use nonjudicial punishment as an essential and prompt means of maintaining good order and discipline, and to promote positive behavior and changes in servicemen and servicewomen without the stigma of a court-martial conviction.
3. No superior may:
(a) Direct that a subordinate authority impose nonjudicial punishment in a particular case; or
(b) Issue regulations or guidelines which suggest to subordinate authorities that certain categories of minor offenses be disposed of by nonjudicial punishment instead of by court-martial or disposed of by administrative corrective measures, or that predetermined types or amounts of punishment be imposed for certain classifications of offenses that the subordinate authority considers appropriate for disposition by nonjudicial punishment.
4. Nonjudicial punishment may be imposed for a minor offense. Whether an offense is minor must be determined by, without limitation:
(a) The nature of the offense and the circumstances surrounding the commission of the offense;
(b) The age, rank, duty assignment, record and experience of the offender; and
(c) The maximum possible sentence that could be imposed for the offense if tried by general court-martial.
κ2013 Statutes of Nevada, Page 1095 (CHAPTER 254, SB 18)κ
5. The decision as to whether an offense is minor is a matter of discretion for the commanding officer imposing nonjudicial punishment. The imposition and enforcement of nonjudicial punishment pursuant to NRS 412.286 to 412.302, inclusive, and sections 10 to 17, inclusive, of this act is not a bar to a trial by court-martial or other legal proceeding for a serious crime or offense growing out of the same act or omission and not properly punishable pursuant to NRS 412.286 to 412.302, inclusive, and sections 10 to 17, inclusive, of this act, but the fact that a nonjudicial punishment has been enforced pursuant thereto may be shown by the accused at trial and when so shown must be considered in determining the severity of punishment to be adjudged in the event of a finding of guilty.
Sec. 12. Failure to comply with any procedural provision of this Code does not invalidate a punishment imposed pursuant to the Code, unless the error materially prejudiced a substantial right of the servicemen or servicewomen on whom the punishment was imposed.
Sec. 13. 1. Commanding officers have authority to impose nonjudicial punishment upon military personnel under their command. The authority of a commanding officer to impose nonjudicial punishment for certain types of offenses or certain categories of persons, or to impose certain types of punishment in specific cases, may be limited or withheld by a superior officer.
2. Only the Governor and general officers in command may delegate their authority under subsection 1 to a principal assistant. This limitation on delegation of authority does not remove the authority of other commanding officers authorized to act under this Code, but such other commanding officers may not delegate that authority. A commanding officer superior to the commanding officer having authority to impose nonjudicial punishment may withhold that authority.
3. A commanding officer at any echelon may withhold from any subordinate commanding officer all or part of the authority prescribed in subsection 1, including, without limitation, the authority to impose nonjudicial punishment for specific types of offenses that the subordinate would otherwise impose. When authority is withheld, such action should be explained in a clearly defined writing or directive. The original of the writing or directive must be filed in the office of the applicable judge advocate who serves the commanding officer whose authority has been withheld. Any such withholding remains in effect when a new commanding officer is appointed or assumes command, until and unless expressly revoked by the superior commanding officer. Any such action should be addressed to the position held by the commanding officer whose authority has been withheld, not to the commanding officer by name.
Sec. 14. An accused facing nonjudicial punishment has the right to demand a trial by court-martial only if the commanding officer who initiated the proceeding for nonjudicial punishment elects to impose restraint-of-freedom punishments. If, before an offer of nonjudicial punishment is made, the commanding officer elects not to impose restraint-of-freedom punishments, the accused has no right to demand a trial by court-martial. If the commanding officer does not advise the accused serviceman or servicewoman of his or her right to reject the nonjudicial punishment and demand a trial by court-martial on initiation of the nonjudicial punishment action, the commanding officer thereby waives the right to retain the restraint-of-freedom punishments.
κ2013 Statutes of Nevada, Page 1096 (CHAPTER 254, SB 18)κ
Sec. 15. 1. A commanding officer, after preliminary inquiry, may use a summarized proceeding if it is determined that punishment will not include restraint-of-freedom punishments.
2. A Summarized Record of Proceedings, under Article 15, UCMJ, as contained in Army Regulation 27-10, or AF Form 3070, as they may be amended or replaced, must be used to record the summarized nonjudicial punishment proceedings. However, the notification of the right to demand a trial by court-martial must be stricken from the form.
3. If a commanding officer who intends to impose nonjudicial punishment determines that a summarized proceeding is appropriate, the accused must be notified in writing of:
(a) The intent of the commanding officer to initiate nonjudicial punishment;
(b) The intent of the commanding officer to use summarized proceedings;
(c) The lack of a right on the part of the accused to demand a trial by court-martial;
(d) The maximum punishments allowable pursuant to the summarized proceeding;
(e) The right of the accused to remain silent;
(f) Each offense that the accused has allegedly committed with reference to the sections of the law allegedly violated;
(g) The right of the accused to confront witnesses, examine the evidence and submit matters in defense, extenuation and mitigation; and
(h) The right of the accused to appeal within the period set forth in subsection 4 of NRS 412.296.
4. If a commanding officer determines that a summarized proceeding is appropriate, the accused does not have the right to consult with counsel before the hearing and the accused does not have the right to counsel or a spokesperson during the hearing.
5. Consistent with the regulations applicable to the accuseds service, if a hearing is scheduled, notification of the date and time of the hearing may be made orally or in writing. The hearing must be scheduled not earlier than 24 hours and not later than 60 days after the accused receives notification pursuant to subsection 3 of the intent of the commanding officer to impose nonjudicial punishment.
Sec. 16. 1. A commanding officer who, after preliminary inquiry, determines that the punishment options will include restraint-of-freedom punishments shall use a formal proceeding.
2. If the commanding officer determines that a formal proceeding is appropriate, the accused must be notified in writing of:
(a) The intent of the commanding officer to initiate nonjudicial punishment;
(b) The intent of the commanding officer to use a formal proceeding;
(c) The maximum punishments allowable under the formal proceeding;
(d) The right of the accused to remain silent;
(e) Each offense that the accused has allegedly committed with reference to sections of the law that are alleged to have been violated;
(f) The right of the accused to confront witnesses, examine the evidence and submit matters in defense, extenuation and mitigation;
κ2013 Statutes of Nevada, Page 1097 (CHAPTER 254, SB 18)κ
(g) The right of the accused to consult with a judge advocate and the location of such counsel;
(h) The right of the accused to demand a trial by court-martial at any time before the imposition of the nonjudicial punishment; and
(i) The right of the accused to appeal.
3. If the commanding officer determines that a formal proceeding is appropriate, the accused must be given a reasonable time to consult with counsel, to gather matters in defense, extenuation and mitigation and to decide whether to accept the nonjudicial punishment or demand a trial by court-martial. This decision period must be at least 48 hours, depending on the availability of counsel, but such period may be extended at the request of the accused.
4. The commanding officer is not bound by the formal rules of evidence before courts-martial and may consider any matter the commanding officer reasonably believes is relevant to the offense.
Sec. 17. 1. A punishment may be announced at the next formation of the unit of the accused after the punishment is imposed or, if appealed, after the decision on the appeal. The announcement may also be posted on a bulletin board of the unit or published in a newsletter or web publication of the unit.
2. The announcement of the results of punishments may be used to mitigate perceptions of unfairness of punishment and to serve as a deterrent to similar misconduct by other servicemen and servicewomen. The announcement of punishments must not be undertaken to invoke public embarrassment or scorn of the serviceman or servicewoman so punished. Accordingly, the practice of announcing punishments must be undertaken in a consistent manner to avoid the appearance of favoritism or vindictiveness.
3. In deciding whether to announce the punishment of servicemen and servicewomen in the grade of E-5 or above, the commanding officer shall consider the following factors:
(a) The nature of the offense;
(b) The military record and duty position of the serviceman or servicewoman being punished;
(c) The deterrent effect of announcing the punishment;
(d) The impact on the morale or mission of the applicable unit;
(e) The impact on the victim, if any, of the servicemans or servicewomans offense; and
(f) The impact on the ability of the serviceman or servicewoman to lead.
Sec. 18. 1. A military judge must be:
(a) An active or retired commissioned officer of an organized state military force or in federal service;
(b) One of the following:
(1) A member in good standing of the State Bar of Nevada;
(2) A member of the bar of a federal court for at least 5 years; or
(3) A person who is licensed to practice law in a state other than the State of Nevada, certified by the Adjutant General of the state in which the military judge is licensed, and a member in good standing therein, and who has received permission from the State Bar of Nevada to sit as a military judge; and
κ2013 Statutes of Nevada, Page 1098 (CHAPTER 254, SB 18)κ
(c) Certified as qualified for duty as a military judge by the senior force judge advocate of the same military force of which the accused is a member.
2. If a military judge is not a member of the State Bar of Nevada, the military judge shall be deemed admitted pro hac vice, subject to filing with the senior force judge advocate of the same military force of which the accused is a member a certificate setting forth that the other qualifications provided in subsection 1 have been met.
Sec. 19. Each component or branch of the state military forces has court-martial jurisdiction over all servicemen and servicewomen of that particular component or branch who are subject to this Code. Additionally, the Nevada Army National Guard and Nevada Air National Guard have court-martial jurisdiction over all servicemen and servicewomen subject to this Code.
Sec. 20. 1. A person may not be tried or adjudged to punishment under this Code while incompetent.
2. For the purposes of this section, a person is incompetent when presently suffering from a mental disease or defect rendering the person unable to understand the nature of the proceedings against that person or to conduct or cooperate intelligently in the defense of the case.
Sec. 21. 1. It is an affirmative defense in trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality of the wrongfulness of his or her acts and, thus, lacked mental responsibility for those acts. Mental disease or defect does not otherwise constitute a defense.
2. The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.
3. Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall instruct the members of the court as to the defense of lack of mental responsibility under this section and charge them to find the accused:
(a) Guilty;
(b) Not guilty; or
(c) Not guilty by reason of lack of mental responsibility.
Κ Notwithstanding the provisions of NRS 412.396, the accused may only be found not guilty by reason of lack of mental responsibility pursuant to paragraph (c) if a majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established.
4. The provisions of this subsection and subsection 3 do not apply to a court-martial composed only of a military judge. In the case of a court-martial composed only of a military judge or a summary court-martial officer, whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge or summary court-martial officer shall find the accused:
(a) Guilty;
(b) Not guilty; or
(c) Not guilty only by lack of mental responsibility.
Κ Notwithstanding the provisions of NRS 412.396, the accused may be found not guilty only by reason of lack of mental responsibility pursuant to paragraph (c) only if the military judge or summary court-martial officer determines that the defense of lack of mental responsibility has been established.
κ2013 Statutes of Nevada, Page 1099 (CHAPTER 254, SB 18)κ
paragraph (c) only if the military judge or summary court-martial officer determines that the defense of lack of mental responsibility has been established.
Sec. 22. 1. On application by an accused who is under a sentence of confinement that has not been ordered executed, the convening authority or, if the accused is no longer under that persons jurisdiction, the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned may, in the sole discretion of that person, defer service of the sentence of confinement. The deferment must terminate when the sentence is ordered executed. The person who granted the deferment may rescind the deferment at any time. If the accused is no longer under the jurisdiction of the person who granted the deferment, the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned may rescind the deferment at any time.
2. In any case in which a court-martial sentences an accused referred to in subsection 1 to confinement, the convening authority may defer the service of the sentence of confinement without the consent of the accused until after the accused has been permanently released to the state military forces by a state, the United States or a foreign country.
3. Subsection 1 applies to a person subject to this Code who:
(a) While in the custody of a state, the United States or a foreign country is temporarily returned by that state, the United States or a foreign country to the state military forces for trial by court-martial; and
(b) After the court-martial described in paragraph (a), is returned to that state, the United States or a foreign country under the authority of a mutual agreement or treaty, as the case may be.
4. In any case in which a court-martial sentences an accused to confinement and the sentence of confinement has been ordered executed pending review, the Adjutant General may defer further service of the sentence of confinement while that review is pending.
5. As used in this section, the term state includes any state, the District of Columbia and any commonwealth, territory or possession of the United States.
Sec. 23. 1. This section applies to any sentence that includes:
(a) Confinement for more than 6 months; or
(b) Confinement for 6 months or less and a dishonorable discharge, bad-conduct discharge or dismissal.
2. A sentence described in subsection 1 must result in the forfeiture of pay, or of pay and allowances, due the sentenced serviceman or servicewoman during any period of confinement or parole. The forfeiture required pursuant to this subsection must take effect on the date determined under this Code and may be deferred as provided by law. In the case of a general court-martial, all pay and allowances due the sentenced serviceman or servicewoman during such period must be forfeited. In the case of a special court-martial, two-thirds of all pay due the sentenced serviceman or servicewoman during such period must be forfeited.
3. In a case involving an accused who has dependents, the convening authority or other person acting under this Code may waive any or all of the forfeitures of pay and allowances required by subsection 2 for a period not to exceed 6 months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited must be paid, as the convening authority or other person taking action directs, to the dependents of the accused.
κ2013 Statutes of Nevada, Page 1100 (CHAPTER 254, SB 18)κ
waiver under this subsection, would be forfeited must be paid, as the convening authority or other person taking action directs, to the dependents of the accused.
4. If the sentence of a serviceman or servicewoman who forfeits pay and allowances under subsection 2 is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in subsection 1, the serviceman or servicewoman must be paid the pay and allowances which the serviceman or servicewoman would otherwise have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.
Sec. 24. 1. In each case subject to appellate review pursuant to NRS 412.422, the accused may file with the convening authority a statement expressly withdrawing the right of the accused to such appeal. Such a withdrawal must be signed by both the accused and defense counsel and must be filed in accordance with appellate procedures as provided by law.
2. The accused may withdraw an appeal at any time in accordance with appellate procedures as provided by law.
Sec. 25. 1. In a trial by court-martial in which a punitive discharge may be adjudged, the State may not appeal a finding of not guilty with respect to the charge or specification by the members of the court-martial, or by a judge in a bench trial, provided that the finding is not made in reconsideration of a sentence or a finding of guilty. The State may appeal the following:
(a) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification;
(b) An order or ruling which excludes evidence that is substantial proof of a fact material to the proceeding;
(c) An order or ruling which directs the disclosure of classified information;
(d) An order or ruling which imposes sanctions for nondisclosure of classified information;
(e) A refusal of the military judge to issue a protective order sought by the State to prevent the disclosure of classified information; and
(f) A refusal by the military judge to enforce an order described in paragraph (e) that has been previously issued by appropriate authority.
2. An appeal of an order or ruling by the State may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours after the order or ruling. Such notice must include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one which excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.
3. The State must diligently prosecute an appeal under this section as provided by law.
4. An appeal under this section must be forwarded to the court prescribed in this Code. In ruling on an appeal under this section, the court may act only with respect to matters of law.
5. Any period of delay resulting from an appeal under this section must be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.
κ2013 Statutes of Nevada, Page 1101 (CHAPTER 254, SB 18)κ
unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.
Sec. 26. 1. The senior force judge advocate or his or her designee shall review each general and special court-martial case in which there has been a finding of guilty. The senior force judge advocate or designee may not review a case under this subsection if that person has acted in the same case as an accuser, investigating officer, member of the court, military judge or counsel or has otherwise acted on behalf of the prosecution or defense. The review of the senior force judge advocate or designee must be in writing and must contain the following:
(a) Conclusions as to whether:
(1) The court has jurisdiction over the accused and the offense;
(2) The charge and specification stated an offense; and
(3) The sentence was within the limits prescribed by law.
(b) A response to each allegation of error made in writing by the accused.
(c) If the case is sent for action pursuant to subsection 2, a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.
2. The record of trial and related documents in each case reviewed under subsection 1 must be sent for action to the Adjutant General if:
(a) The senior force judge advocate who reviewed the case recommends corrective action;
(b) The sentence approved includes dismissal, a bad-conduct discharge, dishonorable discharge or confinement for more than 6 months; or
(c) Such action is otherwise required by regulations of the Adjutant General.
3. The Adjutant General may:
(a) Disapprove or approve the findings or sentence, in whole or in part;
(b) Remit, commute or suspend the sentence in whole or in part;
(c) Except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings or on the sentence, or both; or
(d) Dismiss the charges.
4. If a rehearing is ordered but the convening authority finds a rehearing impracticable, the convening authority shall dismiss the charges.
5. If the opinion of the senior force judge advocate or designee, in the review under subsection 1, is that corrective action is required as a matter of law and if the Adjutant General does not take action that is at least as favorable to the accused as that recommended by the senior force judge advocate or designee, the record of trial and action thereon must be sent to the Governor for review and action as deemed appropriate.
6. The senior force judge advocate or his or her designee may review any case in which there has been a finding of not guilty of all charges and specifications. The senior force judge advocate or designee may not review a case under this subsection if that person has acted in the same case as an accuser, investigating officer, member of the court, military judge or counsel or has otherwise acted on behalf of the prosecution or defense.
κ2013 Statutes of Nevada, Page 1102 (CHAPTER 254, SB 18)κ
The senior force judge advocate or designee shall limit any review under this subsection to questions of subject matter jurisdiction as that jurisdiction is set forth in NRS 412.256.
7. The record of trial and related documents in each case reviewed under subsection 6 must be sent for action to the Adjutant General.
8. The Adjutant General may:
(a) When subject matter jurisdiction is found to be lacking, void the court-martial ab initio, with or without prejudice to the government, as the Adjutant General deems appropriate; or
(b) Return the record of trial and related documents to the senior force judge advocate for appeal by the government as provided by law.
Sec. 27. 1. The senior force judge advocate shall detail a judge advocate as appellate government counsel to represent the State in the review or appeal of cases specified in NRS 412.432 and before any federal or state court when requested to do so by the Attorney General. Appellate counsel representing the government must be members in good standing of the State Bar of Nevada.
2. Upon an appeal by the State of Nevada, an accused has the right to be represented by detailed military counsel before any reviewing authority and before any appellate court.
3. Upon the appeal by an accused, the accused has the right to be represented by military counsel before any reviewing authority.
4. Upon the request of an accused entitled to be so represented, the senior force judge advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases specified in subsections 2 and 3.
5. An accused may be represented by civilian appellate counsel at no expense to the State.
Sec. 28. Decisions of a court-martial are from a court with jurisdiction to issue felony convictions, and appeals are to the court provided by the law of the state in which the court-martial was held. Appeals are to be made to courts of the state where a court-martial is held only after the exhaustion of the review conducted pursuant to NRS 412.418 to 412.438, inclusive, and sections 24 to 28, inclusive, of this act. The appellate procedures to be followed must be those provided by law for the appeal of criminal cases thereto.
Sec. 29. Under regulations prescribed, an accused who has been sentenced by a court-martial may be required to take leave pending completion of any action under NRS 412.304 to 412.448, inclusive, and sections 18 to 32, inclusive, of this act, if the sentence includes an unsuspended dismissal, an unsuspended dishonorable discharge or a bad-conduct discharge. The accused may be required to begin such leave on the date on which the sentence is approved or at any time after such date, and such leave may be continued until the date on which action under NRS 412.304 to 412.448, inclusive, and sections 18 to 32, inclusive, of this act is completed or may be terminated at an earlier time.
Sec. 30. 1. Unless otherwise stated in this section, in the case of a person determined pursuant to section 20 of this act to be incompetent, the provisions of NRS 178.3981 to 178.4715, inclusive, are applicable. References to the court in NRS 178.3981 to 178.4715, inclusive, and to the judge of such court, shall be deemed to refer to the convening authority having authority to convene a general court-martial for that person. However, if the person is no longer subject to this Code at a time relevant to the application to the person of the relevant provisions of NRS 178.3981 to 178.4715, inclusive, the state trial court with felony jurisdiction in the county where the person is committed or otherwise may be found retains the powers specified in NRS 178.3981 to 178.4715, inclusive, as if it were the court that ordered the commitment of the person.
κ2013 Statutes of Nevada, Page 1103 (CHAPTER 254, SB 18)κ
to the application to the person of the relevant provisions of NRS 178.3981 to 178.4715, inclusive, the state trial court with felony jurisdiction in the county where the person is committed or otherwise may be found retains the powers specified in NRS 178.3981 to 178.4715, inclusive, as if it were the court that ordered the commitment of the person.
2. When the director of a facility in which a person is hospitalized pursuant to the actions taken by the convening authority having authority to convene a general court-martial for that person determines that the person is able to understand the nature of the proceedings against the person and to conduct or cooperate intelligently in the defense of the case, the director shall promptly transmit a notification of that determination to the convening authority having authority to convene a general court-martial for the person, the persons counsel and the authority having custody of the person. The authority having custody of the person may retain custody of the person for not more than 30 days after receiving notification that the person has recovered to such an extent that the person is able to understand the nature of the proceedings against the person and to conduct or cooperate intelligently in the defense of the case.
3. Upon receipt of a notification pursuant to subsection 2, the convening authority having authority to convene a general court-martial for the person shall promptly take custody of the person unless the person to which the notification applies is no longer subject to this Code. If the person is no longer subject to this Code, the state trial court with felony jurisdiction in the county where the person is committed or otherwise may be found may take any action within the authority of that court that the court considers appropriate regarding the person.
Sec. 31. 1. If a person is found by a court-martial not guilty by reason of lack of mental responsibility or not guilty only by reason of lack of mental responsibility, the person must be committed to a suitable facility until the person is eligible for release through the procedures specified in NRS 178.467 to 178.471, inclusive.
2. The court-martial must conduct a hearing on the mental condition of the person in accordance with NRS 175.539. A report of the results of the hearing must be made to the convening authority having authority to convene a general court-martial for the person.
3. If the court-martial finds by clear and convincing evidence that the person is a person with mental illness, the convening authority having authority to convene a general court-martial for the person shall commit the person to the custody of a suitable facility until the person is eligible for release through the procedures specified in NRS 178.467 to 178.471, inclusive.
4. Except as otherwise provided by law, the provisions of NRS 178.467 to 178.471, inclusive, apply in the case of a person committed to the custody of a suitable facility pursuant to this section, except that the convening authority having authority to convene a general court-martial for the person shall be considered the court that ordered the persons commitment.
Sec. 32. At a hearing ordered pursuant to section 30 or 31 of this act, the person whose mental condition is the subject of the hearing must be represented by counsel and, if the person is financially unable to obtain adequate representation, counsel must be appointed for the person pursuant to NRS 412.364 if the hearing is conducted by a court-martial or pursuant to NRS 171.188 if the hearing is conducted by a court of this State.
κ2013 Statutes of Nevada, Page 1104 (CHAPTER 254, SB 18)κ
pursuant to NRS 171.188 if the hearing is conducted by a court of this State. The person must be afforded an opportunity to testify, to present evidence, to subpoena witnesses on his or her behalf, and to confront and cross-examine witnesses who appear at the hearing.
Sec. 33. Any person who in time of war is found lurking as a spy or acting as a spy in or about any place, vessel or aircraft within the control or jurisdiction of any of the Armed Forces of the United States or in or about any shipyard, any manufacturing or industrial plant or any other place or institution engaged in work in aid of the prosecution of the war by the United States or elsewhere must be tried by a general court-martial.
Sec. 34. 1. Any person subject to this Code who, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, directly or indirectly communicates, delivers or transmits, or attempts to communicate, deliver or transmit, any object or information to any entity shall be punished as a court-martial may direct.
2. A person accused pursuant to this section must be given broad latitude to present matters in extenuation and mitigation.
3. Findings made pursuant to this section may be based on evidence introduced on the issue of guilt or innocence, and evidence introduced during the sentencing proceeding.
4. As used in this section:
(a) Entity means:
(1) A foreign government;
(2) A faction, party or military or naval force within a foreign country, whether recognized or unrecognized by the United States; or
(3) A representative, officer, agent, employee, subject or citizen of a government, faction, party or force that is described in subparagraph (1) or (2).
(b) Object or information includes, without limitation, a document, writing, code book, signal book, sketch, photograph, photolineart negative, blueprint, plan, map, model, note, instrument, appliance or other information relating to national defense.
Sec. 35. 1. Any person subject to this Code who wrongfully uses, possesses, manufactures, distributes, imports into customs territory of the United States, exports from the United States or introduces into an installation, vessel, vehicle or aircraft used by or under the control of the Armed Forces of the United States or of any state military forces a substance described in subsection 2 shall be punished as a court-martial may direct.
2. The substances referred to in subsection 1 include, without limitation:
(a) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid and marijuana, and any compound or derivative of any such substance.
(b) Any substance not specified in paragraph (a) that is listed in a schedule of controlled substances prescribed by the President of the United States for the purposes of the Uniform Code of Military Justice of the Armed Forces of the United States, 10 U.S.C. §§ 801 et seq.
(c) Any other substance not referenced pursuant to paragraph (a) or (b) and that is listed in schedules I to V, inclusive, of 21 U.S.C. § 812.
κ2013 Statutes of Nevada, Page 1105 (CHAPTER 254, SB 18)κ
Sec. 36. 1. Any person subject to this Code who engages in or causes nonconsensual sexual contact with or by another person, without legal justification or lawful authorization, is guilty of sexual assault or sexual misconduct and shall be punished by way of nonjudicial punishment or as a court-martial may direct.
2. Neither consent nor mistake of fact as to consent is an affirmative defense in a prosecution for sexual assault or sexual misconduct.
3. In a prosecution under this section, in proving that the accused made a threat, it need not be proven that the accused actually intended to carry out the threat.
4. As used in this section:
(a) Nonconsensual means:
(1) Using force against the other person before consent or to gain consent;
(2) Causing grievous bodily harm to a person;
(3) Threatening or placing a person in fear to gain consent;
(4) Rendering a person unconscious;
(5) Administering to a person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct;
(6) Receiving verbal nonconsent before the act; or
(7) Lack of permission given.
(b) Sexual contact means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh or buttocks of another person or intentionally causing another person to touch, either directly or through the clothing, the genitalia, anus, groin, breast, inner thigh or buttocks of any person, with an intent to abuse, humiliate or degrade any person or to arouse or gratify the sexual desire of any person.
Sec. 37. 1. Any person subject to this Code:
(a) Who wrongfully engages in a course of conduct directed at a specific person that would cause a reasonable person to fear death or bodily harm, including, without limitation, sexual assault, to himself or herself or a member of his or her immediate family;
(b) Who has knowledge or should have knowledge that the specific person will be placed in reasonable fear of death or bodily harm, including, without limitation, sexual assault, to himself or herself or a member of his or her immediate family; and
(c) Whose acts induce reasonable fear in the specific person of death or bodily harm, including sexual assault, to himself or herself or a member of his or her immediate family,
Κ is guilty of stalking and shall be punished as a court-martial may direct.
2. As used in this section:
(a) Course of conduct means a repeated:
(1) Maintenance of visual or physical proximity to a specific person; or
(2) Conveyance of verbal threats, written threats or threats implied by conduct or a combination of such threats, directed at or toward a specific person.
(b) Immediate family, in the case of a specific person, means a spouse, parent, child or sibling of that person or any other family member, relative or intimate partner of the person who regularly resides in the household of the person or who regularly engages in contact with the person.
κ2013 Statutes of Nevada, Page 1106 (CHAPTER 254, SB 18)κ
relative or intimate partner of the person who regularly resides in the household of the person or who regularly engages in contact with the person.
(c) Repeated, with respect to conduct, means two or more occasions of such conduct.
Sec. 38. 1. Any person subject to this Code who wrongfully takes, obtains or withholds by any means, from the possession of the owner or of any other person, any money, personal property or article of value of any kind:
(a) With intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate it to his or her own use or the use of any person other than the owner, steals that property and is guilty of larceny; or
(b) With intent temporarily to deprive or defraud another person of the use and benefit of property or to appropriate it to his or her own use or the use of another person other than the owner, is guilty of wrongful appropriation.
2. Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial may direct.
Sec. 39. Any person subject to this Code who communicates threats to another person with the intention thereby to obtain anything of value or any acquaintance, advantage or immunity is guilty of extortion and shall be punished as a court-martial may direct.
Sec. 40. Any person subject to this Code who:
1. Attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct.
2. Commits an assault and intentionally inflicts grievous bodily harm with or without a weapon is guilty of aggravated assault and shall be punished as a court-martial may direct.
Sec. 41. 1. The following persons may administer oaths for the purposes of military administration, including military justice:
(a) Any judge advocate;
(b) Any summary court-martial;
(c) Any adjutant, assistant adjutant, acting adjutant and personnel adjutant;
(d) Any commanding officer of the naval militia; and
(e) Any other person so designated by regulations of the Armed Forces of the United States or by the laws of this State.
2. The following persons may administer oaths necessary in the performance of their duties:
(a) The president, military judge and trial counsel for all general and special courts-martial;
(b) The president and the counsel for the court of any court of inquiry;
(c) Any officer designated to take a deposition;
(d) Any person detailed to conduct an investigation;
(e) Any recruiting officer; and
(f) Any other person so designated by regulations of the Armed Forces of the United States or by the laws of this State.
3. The signature without seal of any person, together with the title of his or her office, is prima facie evidence of the authority of that person.
κ2013 Statutes of Nevada, Page 1107 (CHAPTER 254, SB 18)κ
Sec. 42. This Code shall be so construed as to effectuate its general purpose to make it uniform, so far as practical, with the Uniform Code of Military Justice, 10 U.S.C. §§ 801 et seq.
Sec. 43. The provisions of this Code are hereby declared independent and severable and the invalidity, if any, or part or feature thereof shall not affect or render the remainder of such Code invalid or inoperative.
Sec. 44. Enlisted personnel of the Nevada National Guard, including retired enlisted members thereof, may organize themselves into an association, which is to be named the Nevada Enlisted Association of the National Guard of the United States. The Association may adopt bylaws not inconsistent with the statutes of this State and may alter and amend such bylaws. The Association may, upon request, provide advice and assistance to the Adjutant General regarding matters of concern to enlisted personnel of the Nevada National Guard.
Sec. 45. NRS 412.014 is hereby amended to read as follows:
412.014 Office means the Office of the Military [.] , including, without limitation, the Nevada Army National Guard and the Nevada Air National Guard.
Sec. 46. NRS 412.022 is hereby amended to read as follows:
412.022 Reservists means members of the reservists of the Nevada National Guard [Reserve.] that are licensed by the Governor or by his or her designee.
Sec. 47. NRS 412.024 is hereby amended to read as follows:
412.024 Volunteers means members of volunteer military organizations licensed by the Governor.
Sec. 48. NRS 412.026 is hereby amended to read as follows:
412.026 1. The militia of the State is composed of the Nevada National Guard and, when called into active service by the Governor, reservists to the Nevada National Guard [Reserve] and any volunteer military organizations licensed by the Governor.
2. The Nevada National Guard is an organized body of enlisted personnel between the ages of 17 and 64 years and commissioned officers between the ages of 18 and 64 years, divided into the Nevada Army National Guard and the Nevada Air National Guard.
3. [The Nevada National Guard Reserve is an unorganized body comprising all able-bodied residents of the State between the ages of 17 and 64 years who:
(a) Are not serving in any force of the Nevada National Guard;
(b) Are or have declared their intention to become citizens of the United States; and
(c) Are not exempted from military duty under the laws of this state or the United States.
4.] If a volunteer military organization is formed and becomes licensed by the Governor, it shall consist of an organized body of able-bodied residents of the State between the ages of 17 and 64 years who are not serving in any force of the Nevada National Guard and who are or who have declared their intention to become citizens of the United States.
Sec. 49. NRS 412.044 is hereby amended to read as follows:
412.044 1. The Governor shall appoint an Adjutant General who shall hold office for a 4-year term or until relieved by reason of resignation, withdrawal of federal recognition or for cause to be determined by a court-martial. The current term of an Adjutant General shall continue until its prescribed expiration date while such Adjutant General is serving in a federal active duty status under an order or call by the President of the United States.
κ2013 Statutes of Nevada, Page 1108 (CHAPTER 254, SB 18)κ
prescribed expiration date while such Adjutant General is serving in a federal active duty status under an order or call by the President of the United States.
2. To be eligible for appointment to the office of Adjutant General, a person must be an officer of the Nevada National Guard, federally recognized in the grade of lieutenant colonel or higher, and must have completed at least 6 [years] years of service in the Nevada National Guard as a federally recognized officer.
3. The Adjutant General may be appointed in the grade of lieutenant colonel or higher, but not exceeding that of major general. If appointed in a lower grade, the Adjutant General may be promoted by the Governor to any grade not exceeding that of major general.
Sec. 50. NRS 412.048 is hereby amended to read as follows:
412.048 The Adjutant General shall serve as the Chief of Staff to the Governor, the Director of the Office of the Military and the Commander of the Nevada National Guard, and:
1. Is responsible, under the direction of the Governor, for the supervision of all matters pertaining to the administration, discipline, mobilization, organization and training of the Nevada National Guard, reservists of the Nevada National Guard [Reserve] and volunteer military organizations licensed by the Governor.
2. Shall perform all duties required of him or her by the laws of the United States and of the State of Nevada, and the regulations issued thereunder.
3. Shall employ such deputies, assistants and other personnel as he or she deems necessary to assist in the performance of those duties required of the Adjutant General as Director of the Office. The Adjutant General may so employ either members of the Nevada National Guard or civilian personnel. The duties of all deputies, assistants and other personnel appointed must be prescribed by Office regulations. All such employees are in the unclassified service of the State except civilian, clerical, administrative, maintenance and custodial employees who are in the classified service of the State.
Sec. 51. NRS 412.054 is hereby amended to read as follows:
412.054 1. The Adjutant General may appoint two Assistant Adjutants General, one each from the Nevada Army National Guard and the Nevada Air National Guard, who may serve as Chief of Staff for Army and Chief of Staff for Air, respectively, at the pleasure of the Adjutant General or until relieved by reason of resignation, withdrawal of federal recognition or for cause to be determined by a court-martial.
2. To be eligible for appointment to the office of Assistant Adjutant General, a person must be an officer of the Nevada National Guard, federally recognized in the grade of lieutenant colonel or higher, and must have completed at least 6 [years] years of service in the Nevada National Guard as a federally recognized officer . [, 3 years of which must be immediately before the appointment.]
3. An Assistant Adjutant General may be appointed in the grade of lieutenant colonel or higher, but not exceeding that of brigadier general. An Assistant Adjutant General may be promoted by the Governor to any grade not exceeding that of brigadier general.
4. The Assistant Adjutants General shall perform such duties as may be assigned by the Adjutant General.
κ2013 Statutes of Nevada, Page 1109 (CHAPTER 254, SB 18)κ
5. Whoever serves as Chief of Staff for Army is in the unclassified service of the State and, except as otherwise provided in NRS 284.143, shall not hold any other city, county, state or federal office of profit.
6. In the event of the absence or inability of the Adjutant General to perform his or her duties, the Adjutant General shall designate by Office regulations:
(a) One of the Assistant Adjutants General to perform the duties of his or her office as Acting Adjutant General.
(b) If neither Assistant Adjutant General is available, any national guard officer to be the Acting Adjutant General.
Κ The designated Assistant Adjutant General or designated officer may continue to receive his or her authorized salary while so serving as Acting Adjutant General, and shall so serve until the Adjutant General is again able to perform the duties of the office, or if the office is vacant, until an Adjutant General is regularly appointed and qualified.
Sec. 52. NRS 412.076 is hereby amended to read as follows:
412.076 1. Members of the militia of the State who are ordered to state active duty under the provisions of this chapter shall be deemed to be temporary employees of the State [.] for the purposes of subsection 9 of NRS 286.297.
2. Regular employees of the Office may be ordered to state active duty under this chapter without jeopardizing their status as regular employees. Employees so ordered must be in an authorized leave status from their regular military office employment during the period served on active duty.
Sec. 53. NRS 412.088 is hereby amended to read as follows:
412.088 1. The Office [shall] may adopt and provide suitable medals, prizes or other awards for the promotion of rifle practice by duly organized rifle clubs of the Nevada [State Rifle Association] Firearms Coalition and organizations and members of the Nevada National Guard [.] when funds are available and appropriated by the State or the Federal Government.
2. The Adjutant General shall encourage and promote rifle and pistol practice by Nevada clubs affiliated with the National Rifle Association of America, and select and appoint representatives from those clubs to attend the annual national rifle and pistol matches. Not more than $1,000 of the amount appropriated for the support of the Adjutant Generals office may be used annually in the purchase of ammunition to be used by such rifle clubs, which ammunition must be sold at cost plus transportation charges.
Sec. 54. NRS 412.116 is hereby amended to read as follows:
412.116 1. The forces of the Nevada National Guard must be organized, armed, disciplined, governed, administered and trained as prescribed by applicable federal laws and regulations and Office regulations.
2. It hereby is declared to be the policy of the State that there must be an equality of treatment and opportunity for all persons in the Nevada National Guard without regard to race, creed, color, [sex] gender, sexual orientation or national origin.
3. As used in this section, sexual orientation means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.
Sec. 55. NRS 412.126 is hereby amended to read as follows:
412.126 1. The Governor is authorized to issue licenses to bodies of persons to organize, drill and bear arms as volunteer military companies or volunteer military organizations.
κ2013 Statutes of Nevada, Page 1110 (CHAPTER 254, SB 18)κ
2. Whenever any such body of persons associate themselves as a volunteer military company or volunteer military organization and drill with arms under the license of the Governor, the volunteer military company or volunteer military organization:
(a) Shall file with the Adjutant General annually, or at such time as the Governor or Adjutant General may designate, a muster roll of such volunteer military company or volunteer military organization certified by the oath of the commanding officer thereof. The muster roll shall contain the names, ages, occupations and places of residence of all members thereof, and the number and character of all arms in the possession of such organization.
(b) Is subject to inspection by the Adjutant General upon his or her request within such time as the Adjutant General shall designate.
3. Each member of such volunteer military company or volunteer military organization shall take and subscribe to an oath before a person authorized to administer it that he or she will support the Constitution of the United States and the Constitution of the State of Nevada and will obey and maintain all laws and obey all officers employed in administering those Constitutions and laws.
Sec. 56. NRS 412.128 is hereby amended to read as follows:
412.128 1. Whenever the Governor deems it necessary in time of peace, the Governor may call all or any part of the reservists of the Nevada National Guard [Reserve] or volunteer military organizations licensed by the Governor into active service to be organized pursuant to Office regulations to augment the Nevada National Guard as an internal security force.
2. In time of war, the Governor may call all or any part of the reservists of the Nevada National Guard [Reserve] or volunteer military organizations licensed by the Governor into active service to be organized pursuant to Office regulations to replace the Nevada National Guard as a state force when the Nevada National Guard is ordered into federal service.
3. Whenever laws of the United States authorize the organization of such state forces under federal recognition, the Governor or Adjutant General may promulgate such Office regulations as are necessary to comply with such federal laws and obtain federal recognition for the force authorized by this section.
Sec. 57. NRS 412.138 is hereby amended to read as follows:
412.138 When members of the Nevada National Guard are called into state active duty by the Governor to fight a fire, combat a flood or any other emergency where members of the Nevada National Guard are performing as a labor force rather than a military force, they shall receive pay and allowances [equal to that received by the main labor force in the service of the State or Federal Government.] according to their respective military grade and pay status.
Sec. 58. NRS 412.188 is hereby amended to read as follows:
412.188 1. The qualifications for enlistment and reenlistment, the periods of enlistment, reenlistment and voluntary extension of enlistment, the period of service, the form of oath to be taken and the manner and form of transfer and discharge of enlisted personnel of the Nevada National Guard must be those prescribed by applicable federal laws and regulations and Office regulations.
2. The Governor is authorized to extend the period of any enlistment, reenlistment, voluntary extension of enlistment or the period of service of enlisted personnel [of] serving as reservists of the Nevada National Guard [Reserve] or volunteer military organizations licensed by the Governor for a period not to exceed 6 months after the termination of an emergency declared by the Governor, the Legislature, the President or Congress.
κ2013 Statutes of Nevada, Page 1111 (CHAPTER 254, SB 18)κ
[Reserve] or volunteer military organizations licensed by the Governor for a period not to exceed 6 months after the termination of an emergency declared by the Governor, the Legislature, the President or Congress.
3. Whenever the period of enlistment, reenlistment, voluntary extension of enlistment, and the period of service of enlisted personnel of the reserve components of the Armed Forces of the United States are extended, the Governor shall extend the period of any enlistment, reenlistment, voluntary extension of enlistment or the period of service of enlisted personnel in the corresponding [force] component of the Nevada National Guard for the same period.
Sec. 59. NRS 412.196 is hereby amended to read as follows:
412.196 NRS 412.196 to 412.584, inclusive, and sections 2 to 43, inclusive, of this act may be cited as the Nevada Code of Military Justice.
Sec. 60. NRS 412.198 is hereby amended to read as follows:
412.198 As used in the Nevada Code of Military Justice , unless the context otherwise requires, the words and terms defined in NRS 412.202 to 412.252, inclusive, and sections 2 to 6, inclusive, of this act [shall, unless the context otherwise requires,] have the meaning ascribed to them in [such] those sections.
Sec. 61. NRS 412.214 is hereby amended to read as follows:
412.214 Commanding officer [includes only] means a commissioned [officers.] officer who by virtue of rank and assignment exercises primary command authority over a military organization or a prescribed territorial area, which under pertinent official directives is recognized as a command.
Sec. 62. NRS 412.216 is hereby amended to read as follows:
412.216 Commissioned officer includes [a] an officer commissioned in the Armed Forces of the United States and all warrant [officer.] officers of the same.
Sec. 63. NRS 412.239 is hereby amended to read as follows:
412.239 Military judge means an official of a general or special court-martial . [, who is a commissioned officer and who is licensed to practice law in the State of Nevada.]
Sec. 64. NRS 412.242 is hereby amended to read as follows:
412.242 Nevada National Guard includes the National Guard of the State, as defined in 32 U.S.C. § 101(3), the reservists to the Nevada National Guard [Reserve] and volunteer military organizations licensed by the Governor when called into active service by the Governor.
Sec. 65. NRS 412.254 is hereby amended to read as follows:
412.254 1. The following persons who are not in federal service are subject to this Code:
[1.] (a) Members of the Nevada National Guard, whether or not they are in training pursuant to 32 U.S.C. §§ 501 to 507, inclusive.
[2.] (b) Retired, separated or discharged members of the Nevada National Guard, regardless of their entitlement to pay, if the offense charged occurred before their retirement, separation or discharge.
(c) All other persons lawfully ordered to duty in or with the Nevada National Guard, from the dates they are required by the terms of the order or other directive to obey it.
2. No person may be punished under this Code for any offense provided for in the Code unless:
(a) The person is subject to any provision of subsection 1 or is a member of the state military forces; and
κ2013 Statutes of Nevada, Page 1112 (CHAPTER 254, SB 18)κ
(b) The offense is either a purely military offense or a civilian offense where there is a nexus between the offense and the state military forces.
3. To impose disciplinary action under the Code, there must be jurisdiction over the person pursuant to section 8 of this act and jurisdiction over the subject matter pursuant to NRS 412.256.
4. For jurisdictional issues based on assignment or attachment, each service component shall refer to the current rules and other guidance applicable to the service component, including, without limitation, regulations and policy directives. Before the initiation of any action pursuant to this Code, the judge advocate shall require that the commanding officer resolve any jurisdictional issue regarding assigned or attached personnel involved in the action.
Sec. 66. NRS 412.256 is hereby amended to read as follows:
412.256 The following provisions apply with regard to jurisdiction under this Code:
1. An offense of a purely military nature contained in the Code may be the subject of administrative measures, nonjudicial punishment or courts-martial. Each military offense is derived from the Uniform Code of Military Justice, 10 U.S.C. §§ 801 et seq. and, to the extent not inconsistent with the Code provisions describing those offenses, this Code incorporates each element of the offense as described in the Uniform Code with the following clarifications:
(a) Insofar as an element of an offense described in the Uniform Code refers to the United States, the element also refers to this State.
(b) Insofar as an element of an offense described in the Uniform Code refers to persons in the service of the United States or officials thereof, the element also includes persons in the service of the state military forces or state officials as provided in the Code.
(c) Insofar as an element refers to the property of the United States, the element also includes property of this State.
2. Offenses of a nonmilitary nature may be the subject of administrative measures, nonjudicial punishment or court-martial provided that the person alleged to have committed the offense is subject to the Code and there is a nexus between the act or omission constituting the offense and the state military forces. Civilian criminal offenses may be subject to prosecution pursuant to 10 U.S.C. §§ 933 and 934 if that nexus is present.
3. A proper civilian court has primary jurisdiction when an act or omission violates both the Code and state or federal criminal law. In such cases, a state court-martial or nonjudicial proceeding for punishment may be initiated only after the civilian authority has declined to prosecute or has dismissed charges, provided jeopardy has not attached. However, nothing in this Code precludes a commanding officer from taking administrative action even if the civilian authority exercises jurisdiction. Administrative remedies are not considered double jeopardy.
4. Any member of the state military forces may be ordered to duty involuntarily for any purpose under the Code.
5. In conducting prosecutions, a judge advocate shall coordinate with the Attorney General of the State of Nevada, similar officials in the State or county or equivalent prosecutorial authorities and appropriate municipal prosecutorial authorities to ensure that the judge advocate prosecutes with the cooperation of those local and state prosecutors. A commanding officer shall refer all suspected civilian offenses to a judge advocate who shall coordinate with the proper authorities when appropriate.
κ2013 Statutes of Nevada, Page 1113 (CHAPTER 254, SB 18)κ
commanding officer shall refer all suspected civilian offenses to a judge advocate who shall coordinate with the proper authorities when appropriate.
6. Each person discharged from the Nevada National Guard who is later charged with having fraudulently obtained the discharge is, subject to NRS 412.376, subject to trial by court-martial on that charge and is after apprehension subject to this Code while in the custody of the military for that trial. Upon conviction of that charge the person is subject to trial by court-martial for all offenses under this Code committed before the fraudulent discharge.
[2.] 7. No person who has deserted from the Nevada National Guard may be relieved from amenability to the jurisdiction of this Code by virtue of a separation from any later period of service.
Sec. 67. NRS 412.286 is hereby amended to read as follows:
412.286 1. Under Office regulations, limitations may be placed on the powers granted by NRS 412.286 to 412.302, inclusive, and sections 10 to 17, inclusive, of this act with respect to the kind and amount of punishment authorized, the categories of commanding officers and warrant officers exercising command authorized to exercise those powers, the applicability of NRS 412.286 to 412.302, inclusive, and sections 10 to 17, inclusive, of this act to an accused who demands trial by court-martial, and the kinds of courts-martial to which the case may be referred upon such a demand. However, punishment may not be imposed upon any member of the Nevada National Guard under NRS 412.286 to 412.302, inclusive, and sections 10 to 17, inclusive, of this act if the member has, before the imposition of such punishment, demanded trial by court-martial in lieu of such punishment. Under Office regulations, rules may be prescribed with respect to the suspension of punishments authorized hereunder. If authorized by Office regulations, a commanding officer exercising general court-martial jurisdiction or an officer of general rank in command may delegate his or her powers under NRS 412.286 to 412.302, inclusive, and sections 10 to 17, inclusive, of this act to a principal assistant.
2. When nonjudicial punishment has been imposed for an offense, nonjudicial punishment may not again be imposed for the same offense. Administrative action can be taken for the same offense and will not be considered double punishment under the Code. For the purposes of this subsection, same offense means an offense that was part of a single incident or course of conduct.
3. After nonjudicial punishment has been imposed, it may not be increased, upon appeal or otherwise, unless the punishment imposed was not provided for in the Code.
4. When a commanding officer determines that nonjudicial punishment is appropriate for a particular serviceman or servicewoman, all known offenses determined to be appropriate for disposition by nonjudicial punishment and ready to be considered at that time, including, without limitation, all such offenses arising from a single incident or course of conduct, must ordinarily be considered together, rather than being made the basis for multiple punishment.
5. Nonjudicial punishment may not be imposed for any offense which was committed more than 3 years before the date of imposition of punishment, unless such 3-year limitation is waived by the accused in writing or unless the accused has filed an appeal under this Code.
κ2013 Statutes of Nevada, Page 1114 (CHAPTER 254, SB 18)κ
6. Nothing in subsection 2 or 4 precludes a commanding officer from imposing, at one time, more than one punishment nonjudicially for the offense or offenses arising from a single incident or course of conduct authorized in the Code.
Sec. 68. NRS 412.288 is hereby amended to read as follows:
412.288 Subject to NRS 412.286, [any] a commanding officer may [, in addition to or in lieu of admonition or reprimand,] impose one or more of the following authorized maximum disciplinary punishments listed in this section for minor offenses , without the intervention of a court-martial:
[1. Upon officers of his or her command:
(a) Restriction to certain specified limits, with or without suspension from duty, for not more than 30 consecutive days.
(b) If imposed by an officer exercising general court-martial jurisdiction or an officer of general rank in command:
(1) Arrest in quarters for not more than 30 consecutive days;
(2) Forfeiture of not more than one-half of 1 months pay per month for 2 months;
(3) Restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days; or
(4) Detention of not more than one-half of 1 months pay per month for 3 months.
2. Upon other personnel of his or her command:
(a) Correctional custody for not more than 7 consecutive days.
(b) Forfeiture of not more than 7 days pay.
(c) Reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction.
(d) Extra duties, including fatigue or other duties, for not more than 14 consecutive days.
(e) Restriction to certain specified limits, with or without suspension from duty, for not more than 14 consecutive days.
(f) Detention of not more than 14 days pay.
(g) If imposed by an officer of the grade of major or above:
(1) Correctional custody for not more than 30 consecutive days;
(2) Forfeiture of not more than one-half of 1 months pay per month for 2 months;
(3) Reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, but an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades;
(4) Extra duties, including fatigue or other duties, for not more than 45 consecutive days;
(5) Restrictions to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days; or
(6) Detention of not more than one-half of 1 months pay per month for 3 months.
Κ Detention of pay shall be for a stated period of not more than 1 year but if the offenders term of service expires earlier, the detention shall terminate upon that expiration. No two or more of the punishments of arrest in quarters, correctional custody, extra duties, and restriction may be combined to run consecutively in the maximum amount imposable for each. Whenever any of those punishments are combined to run consecutively there must be an apportionment.
κ2013 Statutes of Nevada, Page 1115 (CHAPTER 254, SB 18)κ
any of those punishments are combined to run consecutively there must be an apportionment. In addition, forfeiture of pay may not be combined with detention of pay without an apportionment. For the purposes of this subsection, correctional custody is the physical restraint of a person during duty or nonduty hours and may include extra duties, fatigue duties or hard labor. If practicable, correctional custody will not be served in immediate association with persons awaiting trial or held in confinement pursuant to trial by court-martial.]
1. The maximum punishments a company grade officer may impose upon enlisted members of the officers command for each offense are:
(a) For traditional guard members of the Nevada National Guard:
(1) Suspension from duty for not more than two drill periods which need not be consecutive;
(2) Forfeiture of pay for not more than two drill periods which need not be consecutive;
(3) Reduction to the next inferior pay grade if the grade from which the serviceman or servicewoman is demoted is within the authority to promote of the officer imposing the reduction;
(4) Withholding of privileges for not more than 6 consecutive months;
(5) Reprimand; and
(6) Admonition.
(b) For active guard reserve members of the Nevada National Guard:
(1) Suspension from duty for not more than 14 days which need not be consecutive;
(2) Forfeiture of pay for not more than 14 days which need not be consecutive;
(3) Reduction to the next inferior pay grade if the grade from which the serviceman or servicewoman is demoted is within the authority to promote of the officer imposing the reduction;
(4) Withholding of privileges for not more than 6 consecutive months;
(5) Reprimand; and
(6) Admonition.
2. The maximum punishments a commanding officer of the grade of major or above may impose upon enlisted members of the officers command are:
(a) Any punishment authorized in subsection 1.
(b) For traditional guard members of the Nevada National Guard:
(1) Suspension from duty for not more than four drill periods which need not be consecutive;
(2) Forfeiture of pay for not more than four drill periods which need not be consecutive; and
(3) Reduction to the next inferior pay grade if the grade from which the serviceman or servicewoman is demoted is within the authority to promote of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, but an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades.
(c) For active guard reserve members of the Nevada National Guard:
(1) Suspension from duty for not more than 1 month, the days of which need not be consecutive;
κ2013 Statutes of Nevada, Page 1116 (CHAPTER 254, SB 18)κ
(2) Forfeiture of pay for not more than 1 month, the days of which need not be consecutive; and
(3) Reduction to the next inferior pay grade if the grade from which the serviceman or servicewoman is demoted is within the authority to promote of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, but an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades.
3. The maximum punishments which a commanding officer may impose upon officers under the commanding officers command are:
(a) Any punishment otherwise authorized pursuant to this section and, if the commanding officer is a major or above, any punishment authorized in subsection 2.
(b) If imposed by an officer exercising general court-martial jurisdiction or an officer of general rank in command:
(1) For traditional guard members of the Nevada National Guard:
(I) Suspension from duty for not more than eight drill periods which need not be consecutive; and
(II) Forfeiture of pay for not more than one-half of one drill periods pay for eight drill periods which need not be consecutive.
(2) For active guard reserve members of the Nevada National Guard:
(I) Suspension from duty for not more than 2 months, the days of which need not be consecutive; and
(II) Forfeiture of pay for not more than one-half of 1 months pay for 2 months, the days of which need not be consecutive.
4. The Governor, the Adjutant General, an officer exercising general court-martial authority or an officer of a general or flag rank may impose any punishment authorized in subsection 1, 2 or 3 upon any officer or enlisted member of the officers command.
Sec. 69. NRS 412.294 is hereby amended to read as follows:
412.294 1. The officer who imposes the punishment authorized in NRS 412.288, or the officers successor in command, may, at any time, suspend probationally any part or amount of the unexecuted punishment imposed and may suspend probationally a reduction in grade or a forfeiture imposed under NRS 412.288, whether or not executed.
2. In addition, he or she may, at any time, remit or mitigate any part or amount of the unexecuted punishment imposed and may set aside in whole or in part the punishment, whether executed or unexecuted, and restore all rights, privileges and property affected.
3. He or she may also mitigate reduction in grade to forfeiture or detention of pay. [When mitigating:
1. Arrest in quarters to restriction;
2. Correctional custody to extra duties or restriction, or both; or
3. Extra duties to restriction,
Κ the mitigated punishment shall not be for a greater period than the punishment mitigated.]
4. When mitigating forfeiture of pay to detention of pay, the amount of the detention [shall] must not be greater than the amount of the forfeiture.
5. When mitigating reduction in grade to forfeiture or detention of pay, the amount of the forfeiture or detention shall not be greater than the amount that could have been imposed initially under NRS 412.286 to 412.302, inclusive, and sections 10 to 17, inclusive, of this act by the officer who imposed the punishment mitigated.
κ2013 Statutes of Nevada, Page 1117 (CHAPTER 254, SB 18)κ
that could have been imposed initially under NRS 412.286 to 412.302, inclusive, and sections 10 to 17, inclusive, of this act by the officer who imposed the punishment mitigated.
Sec. 70. NRS 412.296 is hereby amended to read as follows:
412.296 1. A person punished under NRS 412.286 to 412.302, inclusive, and sections 10 to 17, inclusive, of this act who considers his or her punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised under NRS 412.294 by the officer who imposed the punishment. Before acting on an appeal from a punishment of:
[1. Arrest in quarters for more than 7 days;
2. Correctional custody for more than 7 days;
3. Forfeiture of more than 7 days pay;
4. Reduction of one or more pay grades from the fourth or a higher pay grade;
5. Extra duties for more than 14 days;
6. Restriction for more than 14 days; or
7. Detention of more than 14 days pay,]
(a) Suspension or forfeiture of pay for more than two drill periods or 14 days; or
(b) Reduction of one or more pay grades,
Κ the authority who is to act on the appeal shall refer the case to the State Judge Advocate for consideration and advice, and may so refer the case upon appeal from any punishment imposed under NRS 412.288.
2. Appeals of nonjudicial punishment must be made to the next superior authority. The next superior authority is typically the commanding officer superior to the commanding officer who imposed the punishment. When a principal assistant imposes nonjudicial punishment, the next superior authority is the commanding officer superior to the commanding officer who delegated the power to the principal assistant to impose punishment.
3. Only one appeal is allowed pursuant to this section.
4. The accused must be given a reasonable time within which to submit an appeal. A reasonable time is 30 days after imposition of the nonjudicial punishment or the time before the next monthly drill following imposition of the punishment, whichever comes later.
5. A superior authority to the commanding officer who imposed the nonjudicial punishment, typically the next superior commanding officer, may act on an appeal.
6. Appeals must be in writing on applicable forms provided by the Office of the State Judge Advocate and must set forth the reasons for appeal and include additional documentation and evidence supporting the appeal. The superior authority may not consider additional evidence which was not presented to the commanding officer who imposed the nonjudicial punishment unless the exclusion of such evidence would yield an unjust result.
7. Before acting on an appeal, the superior authority shall refer the case to a judge advocate for consideration and advice. The judge advocate shall render an opinion as to the appropriateness of the punishment and whether the proceedings were conducted in accordance with law and regulations.
κ2013 Statutes of Nevada, Page 1118 (CHAPTER 254, SB 18)κ
whether the proceedings were conducted in accordance with law and regulations. When a case is so referred, the judge advocate is not limited to an examination of any written matter comprising the record of proceedings, and may make any inquiries and examine any additional matter deemed necessary.
8. In acting on an appeal, the superior authority may exercise the same power with respect to punishment imposed as may be exercised by the officer who imposed the nonjudicial punishment. The superior authority shall consider the record of proceedings, any matters submitted by the serviceman or servicewoman, any matters considered during legal review and any other appropriate matters. If the superior authority sets aside nonjudicial punishment due to procedural error, such superior authority may authorize additional proceedings by the imposing commanding officer or a successor, but the punishment shall be not more severe than that originally imposed. Upon completion of action by the superior authority, the accused must be promptly notified of the results.
Sec. 71. NRS 412.298 is hereby amended to read as follows:
412.298 The imposition and enforcement of disciplinary punishment [under] pursuant to NRS 412.286 to 412.302, inclusive, and sections 10 to 17, inclusive, of this act, for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission and not properly punishable [under] pursuant to NRS 412.286 to 412.302, inclusive [;] , and sections 10 to 17, inclusive, of this act, but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.
Sec. 72. NRS 412.304 is hereby amended to read as follows:
412.304 1. In the Nevada National Guard not in federal service, there are general, special and summary courts-martial constituted like similar courts of the Army and Air Force. They have the jurisdiction and powers, except as to punishments, and [shall] must follow the forms and procedures provided for those courts.
2. [Courts-martial shall be constituted as follows:] The three types of courts-martial for the state military forces include:
(a) General courts-martial , consisting of:
(1) A military judge and not less than five members; or
(2) [A] Only a military judge [alone,] if, before the court is assembled, the accused, knowing the identity of the military judge [,] and after consultation with defense counsel, requests orally on the record or in writing [,] a court composed [only] of only a military judge, [provided] and the military judge approves [. A court composed only of a military judge is not available to one accused of an offense punishable by death, except when the case has been referred to a trial as a noncapital case.] the request.
(b) Special courts-martial , consisting of:
(1) A military judge and not less than three members; or
(2) [A] Only a military judge [alone,] if one has been detailed to the court and the accused, under the same conditions as those prescribed in subparagraph (2) of paragraph (a) of this subsection, so requests [.] and the military judge approves the request.
(c) Summary courts-martial, consisting of one commissioned officer.
κ2013 Statutes of Nevada, Page 1119 (CHAPTER 254, SB 18)κ
Sec. 73. NRS 412.308 is hereby amended to read as follows:
412.308 Subject to NRS 412.306, general courts-martial have jurisdiction to try persons subject to this Code for any offense made punishable by this Code and may, under such limitations as the Governor may prescribe, adjudge any [of the following punishments:
1. A fine of not more than $200 or forfeiture of pay and allowances of not more than $200;
2. Confinement with hard labor for not more than 200 days;
3. Dishonorable discharge, bad-conduct discharge or dismissal;
4. Reprimand;
5. Reduction of enlisted persons to a lower grade; or
6. Any combination of these punishments.] punishment allowed by the Code.
Sec. 74. NRS 412.312 is hereby amended to read as follows:
412.312 Subject to NRS 412.306, special courts-martial have jurisdiction to try persons subject to this Code for any offense for which they may be punished under this Code [. A special court-martial may adjudge any punishment a general court-martial may adjudge, except dishonorable discharge, dismissal or confinement with hard labor for more than 100 days, forfeiture of pay and allowances of more than $100 or a fine of more than $100.] and may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this Code except for dishonorable discharge, dismissal, confinement for more than 1 year, forfeiture of pay exceeding one-half pay per month or forfeiture of pay for more than 1 year.
Sec. 75. NRS 412.314 is hereby amended to read as follows:
412.314 1. Subject to NRS 412.306, summary courts-martial have jurisdiction to try persons subject to this Code, except officers [and warrant officers,] , cadets, candidates and midshipmen, for any offense made punishable by this Code [.] under such limitations as the Governor may prescribe.
2. No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if the person objects thereto . [, unless under NRS 412.286, he or she has been permitted and has elected to refuse punishment under NRS 412.286 to 412.302, inclusive.] If objection to trial by summary court-martial is made by an accused [who has not been permitted to refuse punishment under NRS 412.286 to 412.302, inclusive, trial shall be ordered by special or general court-martial, as may be appropriate.
3. Summary courts-martial may adjudge any of the following punishments:
(a) Confinement with hard labor for not exceeding 25 days;
(b) A fine of not more than $25 or forfeiture of pay and allowances of not more than $25 for a single offense;
(c) Reduction of enlisted persons to a lower grade; and
(d) Any combination of these punishments.] , trial by special or general court-martial may be ordered, as may be appropriate. Summary courts-martial may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this Code except dismissal, dishonorable or bad-conduct discharge, confinement for more than 1 month, restriction to specified limits for more than 2 months or forfeiture of more than one-half of 1 months pay.
κ2013 Statutes of Nevada, Page 1120 (CHAPTER 254, SB 18)κ
Sec. 76. NRS 412.324 is hereby amended to read as follows:
412.324 1. In the Nevada National Guard not in federal service, a general [courts-martial] court-martial may be convened by the : [President or by the]
(a) Governor [.] ;
(b) Adjutant General;
(c) Commanding officer of a component of the state military forces;
(d) Commanding officer of a division or a separate brigade; or
(e) Commanding officer of a separate wing.
2. If any such commanding officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.
Sec. 77. NRS 412.326 is hereby amended to read as follows:
412.326 1. In the Nevada National Guard not in federal service, [the] a special court-martial may be convened by:
(a) Any person who may convene a general court-martial;
(b) The commanding officer of a garrison, fort, post, camp, [airbase, auxiliary airbase or other place where troops are on duty, or of a brigade, regiment, wing, group, detached battalion, separate squadron or other detached command, may convene special courts-martial. Special courts-martial may also be convened by superior authority. When any such officer is an accuser, the court shall be convened by superior competent authority.] Nevada Air National Guard base or naval base or station;
(c) The commanding officer of a brigade, regiment, detached battalion or corresponding unit of the Nevada Army National Guard;
(d) The commanding officer of a wing, group, separate squadron or corresponding unit of the Nevada Air National Guard; or
(e) The commanding officer or officer in charge of any other command when empowered by the Adjutant General.
2. When any such officer is an accuser, the court must be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.
Sec. 78. NRS 412.328 is hereby amended to read as follows:
412.328 1. In the Nevada National Guard not in federal service, [the commanding officer of a garrison, fort, post, camp, airbase, auxiliary airbase or other place where troops are on duty, or of a regiment, wing, group, detached battalion, detached squadron, detached company or other detachment, may convene a summary court-martial consisting of one commissioned officer. The proceedings shall be informal.] a summary court-martial may be convened by:
(a) Any person who may convene a general court-martial;
(b) The commanding officer of a detached company or other detachment or corresponding unit of the Nevada Army National Guard;
(c) The commanding officer of a detached squadron or other detachment or the corresponding unit of the Nevada Air National Guard; or
(d) The commanding officer or officer in charge of any other command when empowered by the Adjutant General.
2. When only one commissioned officer is present with a command or detachment he or she shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him or her.
κ2013 Statutes of Nevada, Page 1121 (CHAPTER 254, SB 18)κ
brought before him or her. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by [him or her.] such authority.
Sec. 79. NRS 412.332 is hereby amended to read as follows:
412.332 1. Any commissioned officer of or on duty with the Nevada National Guard is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.
2. Any warrant officer of or on duty with the Nevada National Guard is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.
3. Any enlisted member of the Nevada National Guard who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member who may lawfully be brought before such courts for trial, but he or she shall serve as a member of a court only if, before the [convening of the court,] conclusion of a session called by the military judge before trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested orally on the record or in writing that enlisted members serve on it. After such a request, the accused serviceman or servicewoman may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be convened and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained. As used in this subsection, the word unit means any regularly organized body of the Nevada National Guard not larger than a company, a squadron or a corresponding body.
4. When it can be avoided, no person subject to this Code shall be tried by a court-martial any member of which is junior to him or her in rank or grade.
5. When convening a court-martial, the convening authority shall detail as members thereof such members of the Nevada National Guard as, in his or her opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of the Nevada National Guard is eligible to serve as a member of a general or special court-martial when he or she is the accuser , [or] a witness , [for the prosecution] or has acted as investigating officer or as counsel in the same case.
6. Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. The convening authority may delegate the authority under this subsection to a judge advocate or to any other principal assistant.
7. If within the command of the convening authority there is present and not otherwise disqualified a commissioned officer who is a member of the bar of the State and of appropriate rank, the convening authority shall appoint him or her as president of a special court-martial. Although this requirement is binding on the convening authority, failure to meet it in any case does not divest a military court of jurisdiction.
κ2013 Statutes of Nevada, Page 1122 (CHAPTER 254, SB 18)κ
Sec. 80. NRS 412.334 is hereby amended to read as follows:
412.334 1. A military judge must be detailed to each general and special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed.
2. The authority convening a general or special court-martial shall request the State Judge Advocate to detail a military judge. Neither the convening authority nor any staff member of the convening authority may prepare or review any report concerning the effectiveness, fitness or efficiency of the military judge who is detailed if the report relates to the military judges performance of duty as a military judge.
[2.] 3. No person may act as military judge in a case wherein the person is the accuser, a witness , [for the prosecution,] counsel or has acted as investigating officer.
[3.] 4. The military judge may not consult with the members of the court except in the presence of the accused and trial and defense counsel, nor may he or she vote with the members of the court.
Sec. 81. NRS 412.336 is hereby amended to read as follows:
412.336 1. For each general and special court-martial the authority convening the court shall request the State Judge Advocate to detail trial and defense counsel and such assistants as he or she considers appropriate.
2. No person who has acted as investigating officer, military judge or court member may thereafter act as trial counsel or assistant trial counsel in the same case.
3. Unless requested by the accused, no person who has acted as investigating officer, military judge or court member may thereafter act as defense counsel or assistant defense counsel in the same case.
4. No person who has acted for the prosecution may thereafter act for the defense in the same case; nor may any person who has acted for the defense act for the prosecution in the same case.
5. Counsel for general and special courts-martial shall be a member of the bar of the highest court of a state or of a federal court.
6. Except as otherwise provided in subsection 7, trial counsel or defense counsel detailed for a general or special court-martial must be a judge advocate, and trial counsel must be a member in good standing of the State Bar of Nevada.
7. In the instance when defense counsel is not a member of the State Bar of Nevada, the defense counsel must be deemed admitted pro hac vice, subject to filing a certificate with the military judge setting forth the qualifications that counsel is:
(a) A commissioned officer of the Armed Forces of the United States or a component thereof;
(b) A member in good standing of the bar of the highest court of his or her state; and
(c) Certified as a judge advocate in the Judge Advocate Generals Corps of the Army, Air Force, Navy or the Marine Corps; or
(d) A judge advocate as defined in this Code.
Sec. 82. NRS 412.342 is hereby amended to read as follows:
412.342 1. No member of a general or special court-martial may be absent or excused after [the accused has been arraigned except] the court has been assembled for the trial of the accused unless:
κ2013 Statutes of Nevada, Page 1123 (CHAPTER 254, SB 18)κ
(a) Excused as a result of a challenge;
(b) Excused by the military judge for physical disability ; or [as a result of a challenge or by]
(c) By order of the convening authority for good cause.
2. Whenever a general court-martial , other than a general court-martial composed of a military judge only, is reduced below five members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than five members. When the new members have been sworn, the trial may proceed after the recorded testimony of each witness previously examined has been read to the court in the presence of the military judge, the accused and counsel.
3. Whenever a special court-martial is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. When the new members have been sworn, the trial shall proceed as if no evidence has previously been introduced, unless a verbatim record of the testimony of previously examined witnesses or a stipulation thereof is read to the court in the presence of the accused and counsel.
4. If the military judge of a court-martial composed of a military judge only is unable to proceed with trial because of physical disability, as a result of a challenge or for other good cause, the trial will proceed, subject to any applicable conditions of NRS 412.334, after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused and counsel for both sides.
Sec. 83. NRS 412.348 is hereby amended to read as follows:
412.348 1. No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline.
2. The accused shall be advised of the charges against him or her and of his or her right to be represented at that investigation by counsel. Upon his or her own request he or she shall be represented by civilian counsel if provided by him or her, or military counsel of his or her own selection if such counsel is reasonably available, or by counsel detailed by the officer exercising general court-martial jurisdiction over the command. At that investigation full opportunity shall be given to the accused to cross-examine witnesses against him or her if they are available and to present anything he or she may desire in his or her own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.
3. If an investigation of the subject matter of an offense has been conducted before the accused is charged with an offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination and presentation prescribed in subsection 2, no further investigation of that charge is necessary under this section unless it is demanded by the accused after he or she is informed of the charge.
κ2013 Statutes of Nevada, Page 1124 (CHAPTER 254, SB 18)κ
charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his or her own behalf.
4. If evidence adduced in an investigation under this section indicates that the accused committed an uncharged offense, the investigating officer may investigate the subject matter of that offense without the accused having first been charged with the offense if the accused is:
(a) Present at the investigation;
(b) Informed of the nature of each uncharged offense investigated; and
(c) Afforded the opportunities for representation, cross-examination and presentation prescribed in subsection 2.
5. The requirements of this section are binding on all persons administering this Code but failure to follow them does not divest a military court of jurisdiction.
Sec. 84. NRS 412.354 is hereby amended to read as follows:
412.354 1. Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the State Judge Advocate for consideration and advice. The convening authority may not refer a specification under a charge to a general court-martial for trial unless [he or she has found that the charge alleges an offense under this Code and is warranted by evidence indicated in the report of the investigation.] the convening authority has been advised in writing by a judge advocate that:
(a) The specification alleges an offense under this Code;
(b) The specification is warranted by evidence indicated in the report of the investigation, if there is such a report; and
(c) A court-martial would have jurisdiction over the accused and the offense.
2. If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence, may be made.
3. The advice of the State Judge Advocate pursuant to subsection 1, with respect to a specification under a charge, must include a written and signed statement by the judge advocate:
(a) Expressing conclusions with respect to each matter set forth in subsection 1; and
(b) Recommending action that the convening authority take regarding the specification. If the specification is referred for trial, the recommendation of the judge advocate must accompany the specification.
Sec. 85. NRS 412.358 is hereby amended to read as follows:
412.358 [The procedure,] Pretrial, trial and posttrial procedures, including modes of proof, [in cases before military courts and other military tribunals] for cases before courts-martial arising under this Code and for courts of inquiry, may be prescribed by [Office regulations, which must, so far as practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of the State, but which may not be contrary to or inconsistent with this Code.] the Governor or the Adjutant General by regulations, or as otherwise provided by law. The regulations prescribed under this section must apply the principles of law and the rules of evidence generally recognized in military criminal cases in the courts of the Armed Forces of the United States and must not be contrary to or inconsistent with this Code.
κ2013 Statutes of Nevada, Page 1125 (CHAPTER 254, SB 18)κ
criminal cases in the courts of the Armed Forces of the United States and must not be contrary to or inconsistent with this Code.
Sec. 86. NRS 412.362 is hereby amended to read as follows:
412.362 [No]
1. Except as otherwise provided in subsection 2, no authority convening a general, special or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand or admonish the court or any member, law officer or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its, his or her functions in the conduct of the proceeding. No person subject to this Code may attempt to coerce or, by any unauthorized means, influence the action of the court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving or reviewing authority with respect to his or her judicial acts.
2. Subsection 1 does not apply with respect to:
(a) General instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial; or
(b) To statements and instructions given in open court by the military judge, summary court-martial officer or counsel.
3. In the preparation of an effectiveness, fitness or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the state military forces is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the state military forces or in determining whether a member of the state military forces should be retained on active status, no person subject to this Code may, in preparing any such report:
(a) Consider or evaluate the performance of duty of any such member as a member of a court-martial or witness therein; or
(b) Give a less favorable rating or evaluation of any counsel of the accused because of zealous representation before a court-martial.
Sec. 87. NRS 412.364 is hereby amended to read as follows:
412.364 1. The trial counsel of a general or special court-martial shall prosecute in the name of the State and shall, under the direction of the court, prepare the record of the proceedings.
2. The accused has the right to be represented in his or her defense before a general or special court-martial [by] or at an investigation as provided in NRS 412.348.
3. The accused may be represented:
(a) In his or her defense before a general or special court-martial, by civilian counsel [if provided by him or her, or by] at the provision and expense of the accused;
(b) By military counsel selected by the accused if reasonably available ; [,] or [by]
(c) By the defense counsel detailed under NRS 412.336.
4. Should the accused have counsel of his or her own selection, the defense counsel and assistant defense counsel, if any, who were detailed, shall, if the accused so desires, act as his or her associate counsel , [;] otherwise they shall be excused by the president of the court.
κ2013 Statutes of Nevada, Page 1126 (CHAPTER 254, SB 18)κ
5. Except as otherwise provided in subsection 6, if the accused is represented by military counsel of his or her own selection pursuant to paragraph (b) of subsection 3, any military counsel detailed in paragraph (c) of subsection 3 must be excused.
6. The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under NRS 412.336 to detail counsel, in that persons sole discretion:
(a) May detail additional military counsel as assistant defense counsel; and
(b) If the accused is represented by military counsel of the accuseds own selection pursuant to paragraph (b) of subsection 3, may approve a request from the accused that military counsel detailed in paragraph (c) of subsection 3 act as associate defense counsel.
7. The senior force judge advocate of the same component of which the accused is a member shall determine whether the military counsel selected by an accused is reasonably available.
[3.] 8. In every court-martial proceeding the defense counsel may, in the event of conviction [, forward] :
(a) Forward for attachment to the record of proceedings a brief of such matters as the defense counsel feels should be considered in behalf of the accused on review, including any objection to the contents of the record which he or she considers appropriate [.
4.] ;
(b) Assist the accused in the submission of any matter under NRS 412.452 to 412.562, inclusive, and sections 33 to 40, inclusive, of this act; and
(c) Take other action authorized by this Code.
9. An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he or she is qualified to be a trial counsel as required by NRS 412.336, perform any duty imposed by law, regulation or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.
[5.] 10. An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when he or she is qualified to be the defense counsel as required by NRS 412.336, perform any duty imposed by law, regulation or the custom of the service upon counsel for the accused.
Sec. 88. NRS 412.366 is hereby amended to read as follows:
412.366 1. At any time after the service of charges, which have been referred for trial to a court-martial composed of a military judge and members, the military judge may call the court into session without the presence of the members for:
(a) Hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;
(b) Hearing and ruling upon any matter which may be ruled upon by the military judge whether or not the matter is appropriate for later consideration or decision by the members of the court;
(c) Holding the arraignment and receiving the pleas of the accused; or
κ2013 Statutes of Nevada, Page 1127 (CHAPTER 254, SB 18)κ
(d) Performing any other procedural function which may be performed by the military judge which does not require the presence of the members of the court. These proceedings shall be conducted in the presence of the accused, defense counsel and trial counsel and shall be made a part of the record.
2. The proceedings described in subsection 1 must be conducted in the presence of the accused, defense counsel and trial counsel and must be made a part of the record. Such proceedings are not required to adhere to the provisions of NRS 412.342.
3. Whenever a general or special court-martial deliberates or votes, only the members of the court may be present. All other proceedings, including any other consultation of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and the military judge.
Sec. 89. NRS 412.372 is hereby amended to read as follows:
412.372 1. The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall be presented and decided before those by the accused are offered, unless justice dictates otherwise.
2. If exercise of a challenge for cause reduces the court below the minimum number of members required by NRS 412.304, all parties shall, notwithstanding NRS 412.342, either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court. However, peremptory challenges must not be exercised at that time.
3. Each accused and the trial counsel is entitled to one peremptory challenge, but the military judge may not be challenged except for cause.
4. If exercise of a peremptory challenge reduces the court below the minimum number of members required by NRS 412.304, the parties shall, notwithstanding NRS 412.342, either exercise or waive any remaining peremptory challenge not previously waived against the remaining members of the court before additional members are detailed to the court.
5. Whenever additional members are detailed to the court and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.
Sec. 90. NRS 412.374 is hereby amended to read as follows:
412.374 1. The military judge, interpreters, and in general and special courts-martial, members, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel and reporters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully.
2. The form of the oath or affirmation, the time and place of the taking thereof, the manner of recording the same and whether the oath or affirmation must be taken for all cases in which these duties are to be performed or for a particular case must be as prescribed in regulation or as provided by law. The regulations may provide that:
κ2013 Statutes of Nevada, Page 1128 (CHAPTER 254, SB 18)κ
(a) An oath or affirmation to perform faithfully the duties of a military judge, trial counsel or defense counsel may be taken at any time by any judge advocate or other person certified or designated to be qualified or competent for the duty; and
(b) If such an oath or affirmation is taken, it need not again be taken at the time the judge advocate or other person is detailed to that duty.
3. Each witness before a military court shall be examined on oath or affirmation.
Sec. 91. NRS 412.376 is hereby amended to read as follows:
412.376 1. A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny, may be tried and punished at any time without limitation.
2. Except as otherwise provided in this section, a person charged with desertion in time of peace or the offense punishable under NRS 412.554, is not liable to be tried by court-martial if the offense was committed more than 3 years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.
3. Except as otherwise provided in this section [,] or title 15 of NRS, a person charged with any offense is not liable to be tried by court-martial or punished under NRS 412.286 to 412.302, inclusive, and sections 10 to 17, inclusive, of this act if the offense was committed more than [2] 3 years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command or before the imposition of punishment under NRS 412.286 to 412.302, inclusive [.] , and sections 10 to 17, inclusive, of this act.
4. Periods in which the accused is absent without authority or fleeing from justice are excluded in computing the period of limitation prescribed in this section.
5. Periods in which the accused was absent from territory in which the State has the authority to apprehend the accused, or in the custody of civil authorities, or in the hands of the enemy, [shall be] are excluded in computing the period of limitation prescribed in this section.
6. When the United States is at war, the running of any statute of limitations applicable to any offense under this Code:
(a) Involving fraud or attempted fraud against the United States, any state or any agency of either in any manner, whether by conspiracy or not;
(b) Committed in connection with the acquisition, care, handling, custody, control or disposition of any real or personal property of the United States or any state; or
(c) Committed in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation or other termination or settlement of any contract, subcontract or purchase order which is connected with or related to the prosecution of war or with any disposition of termination inventory by any war contractor or government agency,
Κ is suspended until 2 years after the termination of hostilities as proclaimed by the President of the United States or by a joint resolution of the Congress of the United States.
7. If charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations has expired or will expire within 180 days after the dismissal of the charges or specifications, trial and punishment under new charges and specification are not barred by the statute of limitations if the new charges and specifications:
κ2013 Statutes of Nevada, Page 1129 (CHAPTER 254, SB 18)κ
dismissal of the charges or specifications, trial and punishment under new charges and specification are not barred by the statute of limitations if the new charges and specifications:
(a) Are received by an officer exercising summary court-martial jurisdiction over the command within 180 days after the dismissal of the charges or specifications; and
(b) Allege the same acts or omissions that were alleged in the dismissed charges or specifications or allege acts or omissions that were included in the dismissed charges or specifications.
Sec. 92. NRS 412.382 is hereby amended to read as follows:
412.382 1. If an accused arraigned before a court-martial makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty.
2. With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding constitutes the finding of the court unless the plea of guilty is withdrawn before the announcement of the sentence, in which event the proceedings must continue as though the accused had pleaded not guilty.
Sec. 93. NRS 412.388 is hereby amended to read as follows:
412.388 A military court may punish for contempt any person who uses any menacing word, sign or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for 30 days or a fine of $100, or both. A person not subject to this Code may be punished for contempt by a military court in the same otherwise applicable manner as that person could be punished if found in contempt of a criminal or civil court of the State.
Sec. 94. NRS 412.396 is hereby amended to read as follows:
412.396 1. Voting by members of a general or special court-martial upon questions of challenge, on the findings and on the sentence [shall] must be by secret written ballot. The junior member of the court shall in each case count the votes. The count [shall] must be checked by the president, who shall forthwith announce the result of the ballot to the members of the court. Unless a ruling is final, if any member objects thereto, the court must be cleared and closed and the question decided by a voice vote as provided in NRS 412.398, beginning with the junior in rank.
2. The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Except as otherwise provided in this subsection, any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused is final and constitutes the ruling of the court, including, without limitation, for the purposes of interlocutory appeal under NRS 412.418 to 412.438, inclusive, and sections 24 to 28, inclusive, of this act. During the trial, the military judge may change the ruling at any time.
κ2013 Statutes of Nevada, Page 1130 (CHAPTER 254, SB 18)κ
3. Before a vote is taken on the findings, and except where a court-martial is composed of a military judge alone, the military judge shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court:
(a) That the accused must be presumed to be innocent until his or her guilt is established by legal and competent evidence beyond reasonable doubt;
(b) That in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he or she must be acquitted;
(c) That if there is a reasonable doubt as to the degree of guilt, the findings must be in a lower degree as to which there is no reasonable doubt; and
(d) That the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the State.
[3.] 4. If the court-martial is composed of a military judge alone, he or she shall determine all questions of law and fact, and, if the accused is convicted, adjudge an appropriate sentence. The military judge shall make a general finding, unless requested to make a special finding of facts. If an opinion or memorandum decision is filed, it is sufficient if the findings of fact appear therein.
Sec. 95. NRS 412.398 is hereby amended to read as follows:
412.398 1. No person may be convicted of an offense, except by the concurrence of two-thirds of the members present at the time the vote is taken.
2. All sentences shall be determined by the concurrence of two-thirds of the members present at the time that the vote is taken.
3. All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote [.] , but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by voice and by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accuseds sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
Sec. 96. NRS 412.404 is hereby amended to read as follows:
412.404 1. Each general and special court-martial [shall] must keep a separate record of the proceedings of the trial of each case brought before it and the record must be authenticated by the signatures of the president and the military judge. If the record cannot be authenticated by either the president or the military judge, by reason of his or her absence, it must be signed by a member in lieu of him or her. If both the president and the military judge are unavailable, the record must be authenticated by two members. [A record of the proceedings of a trial in which the sentence adjudged includes a bad-conduct discharge or is more than that which could be adjudged by a special court-martial must contain a complete verbatim account of the proceedings and testimony before the court. All other records of trial must contain such matter and be authenticated in such manner as the Governor may, by Office regulation, prescribe.] In a court-martial consisting of only a military judge, the court reporter shall authenticate the record under the same conditions which would impose such a duty on a member pursuant to this subsection.
κ2013 Statutes of Nevada, Page 1131 (CHAPTER 254, SB 18)κ
authenticate the record under the same conditions which would impose such a duty on a member pursuant to this subsection.
2. A complete verbatim record of the proceedings and testimony must be prepared in each general and special court-martial case resulting in a conviction. In all other court-martial cases, the record must contain such matters as may be prescribed by regulations.
3. Each summary court-martial must keep a separate record of the proceedings in each case, and the record must be authenticated in the manner as may be prescribed by regulations.
4. A copy of the record of the proceedings of each general and special court-martial must be given to the accused as soon as it is authenticated. If a verbatim record of trial by general court-martial is not required by subsection [1,] 2, the accused may buy such a record in accordance with Office regulations.
Sec. 97. NRS 412.408 is hereby amended to read as follows:
412.408 1. The punishments which a court-martial may direct for an offense may not exceed limits prescribed by this Code [.] , but a sentence may not exceed more than confinement for 10 years for a military offense nor can a sentence of death be adjudged. Any conviction by general court-martial of any military offense for which an accused can receive a sentence of confinement for more than 1 year is a felony. Except for convictions by a summary court-martial, all other military offenses are misdemeanors. Any conviction by a summary court-martial is not a criminal conviction.
2. The limits of punishment for violations of punitive articles prescribed herein must be the lesser of the sentences prescribed by the Manual for Courts-Martial of the United States that went into effect on January 1, 2004, and the most current edition of the State manual for courts-martial, if any, but no punishment may exceed that authorized by this Code.
3. None of the provisions of this Code shall subject anyone to imprisonment for failure to pay a fine imposed by a military court.
Sec. 98. NRS 412.414 is hereby amended to read as follows:
412.414 1. A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the Nevada National Guard or in any jail, detention facility, penitentiary or prison designated for that purpose. Persons so confined in a jail, detention facility, penitentiary or prison are subject to the same discipline and treatment as persons confined or committed to the jail, detention facility, penitentiary or prison by the courts of the State or of any political subdivision thereof.
2. [The omission of the words hard labor from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment.] No place of confinement may require payment of any fee or charge for so receiving or confining a person except as otherwise provided by law.
κ2013 Statutes of Nevada, Page 1132 (CHAPTER 254, SB 18)κ
3. The keepers, officers and wardens of city or county jails and of other jails, detention facilities, penitentiaries or prisons designated by the Governor, or by such person as the Governor may authorize to act under NRS 412.276, shall:
(a) Receive persons ordered into confinement before trial and persons committed to confinement by a military court; and
(b) Confine them according to law.
Κ A keeper, officer or warden may not require payment of any fee or charge for so receiving or confining a person.
Sec. 99. NRS 412.416 is hereby amended to read as follows:
412.416 1. Unless otherwise provided in Office regulations, a court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes:
(a) A dishonorable or bad-conduct discharge; or
(b) Confinement , [; or
(c) Hard labor without confinement,]
Κ reduces that member to pay grade E-1, effective on the date of that approval.
2. If the sentence of a member who is reduced in pay grade under subsection 1 is set aside or disapproved, or, as finally approved, does not include punishment named in subsection 1, the rights and privileges of which the member was deprived because of that reduction must be restored to him or her and he or she is entitled to the pay and allowances to which he or she would have been entitled, for the period the reduction was in effect, had the member not been so reduced.
Sec. 100. NRS 412.418 is hereby amended to read as follows:
412.418 1. Except as otherwise provided in NRS 412.316 to 412.432, inclusive, and sections 20 to 28, inclusive, of this act a court-martial sentence, unless suspended, may be ordered executed by the convening authority when approved by him or her. The convening authority shall approve the sentence or such part, amount or commuted form of the sentence as he or she sees fit, and may suspend the execution of the sentence as approved by him or her.
2. If the sentence of the court-martial includes dismissal, a dishonorable discharge or a bad-conduct discharge and if the right of the accused to appellate review is not waived and an appeal is not withdrawn, that part of the sentence extending to dismissal, a dishonorable discharge or a bad-conduct discharge must not be executed until there is a final judgment as to the legality of the proceedings. A judgment as to the legality of the proceedings is final in such cases when review is completed by an appellate court prescribed in NRS 412.432, and is deemed final by the law of the state where judgment was had.
3. If the sentence of the court-martial includes dismissal, a dishonorable discharge or a bad-conduct discharge and if the right of the accused to appellate review is waived or an appeal is withdrawn, the dismissal, dishonorable discharge or bad-conduct discharge may not be executed until review of the case by the senior force judge advocate and any action on that review is completed. The convening authority or other person acting on the case under the Code when so approved under this section may order any other part of a court-martial sentence executed immediately.
κ2013 Statutes of Nevada, Page 1133 (CHAPTER 254, SB 18)κ
Sec. 101. NRS 412.422 is hereby amended to read as follows:
412.422 1. The findings and sentence of a court-martial must be reported promptly to the convening authority after the announcement of the sentence.
2. The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. Any such submission must be in writing. Except in a summary court-martial case, such a submission must be made within 10 days after the accused has been given an authenticated record of trial under subsection 4 and, if applicable, the recommendation of a judge advocate. In a summary court-martial case, such a submission must be made within 7 days after the sentence is announced.
3. If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action under this section, for good cause, may extend the applicable period under subsection 2 for not more than an additional 20 days.
4. In a summary court-martial case, the accused must be promptly provided a copy of the record of trial for use in preparing a submission authorized by subsection 2.
5. The accused may waive the right to make a submission to the convening authority under subsection 2. Such a waiver must be made in writing and may not be revoked. For the purposes of subsection 7, the time within which the accused may make a submission pursuant to this subsection shall be deemed to have expired upon the submission of such a waiver to the convening authority.
6. The convening authority has sole discretion to modify the findings and sentence of a court-martial pursuant to this section. If it is impractical for the convening authority to act, the convening authority shall forward the case to a person exercising general court-martial jurisdiction who may take action under this section.
7. Action on the sentence of a court-martial must be taken by the convening authority or by another person authorized to act under this section. The convening authority or other person authorized to take such action may do so only after consideration of any matters submitted by the accused pursuant to subsection 2 or after the time for submitting such matters expires, whichever is earlier. The convening authority or other person taking such action may approve, disapprove, commute or suspend the sentence in whole or in part.
8. The convening authority or other person authorized to act on the sentence of a court-martial may, in the persons sole discretion:
(a) Dismiss any charge or specifications by setting aside a finding of guilty;
(b) Change a finding of guilty on a charge or specification to a finding of guilty on an offense that is a lesser included offense of the offense stated in the charge or specification; or
(c) Refrain from taking any such action.
9. Before acting under this section on any general or special court-martial case in which there is a finding of guilt, the convening authority or other person taking action under this section shall obtain and consider the written recommendation of a judge advocate. The convening authority or other person taking action under this section shall refer the record of trial to the judge advocate, and the judge advocate shall use such record in the preparation of the recommendation.
κ2013 Statutes of Nevada, Page 1134 (CHAPTER 254, SB 18)κ
preparation of the recommendation. The recommendation of the judge advocate must include such matters as may be prescribed by regulation and must be served on the accused, who may submit any matter in response pursuant to subsection 2. By failing to object in the response to the recommendation or to any matter attached to the recommendation, the accused waives the right to object thereto.
10. The convening authority or other person taking action under this section, in the persons sole discretion, may order a proceeding in revision or a rehearing if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, however, may a proceeding in revision:
(a) Reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;
(b) Reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some article of this Code; or
(c) Increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.
11. The convening authority or other person taking action under this section may order a rehearing if that person disapproves the findings and sentences and states the reasons for disapproval of the findings. If such person disapproves the findings and sentence and does not order a rehearing, that person shall dismiss the charges. The convening authority or other person taking action under this subsection may not order a rehearing as to the findings where there is a lack of sufficient evidence in the record to support the findings. The convening authority or other person taking action under this subsection may order a rehearing as to the sentence if that person disapproves the sentence.
12. After a trial by court-martial the record shall be forwarded to the convening authority, as reviewing authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command or by the Governor.
[2.] 13. The convening authority shall refer the record of each general court-martial to the State Judge Advocate, who shall submit his or her written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion [shall] must be limited to questions of jurisdiction.
Sec. 102. NRS 412.426 is hereby amended to read as follows:
412.426 1. If the convening authority disapproves the findings and sentence of a court-martial he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case the convening authority shall state the reasons for disapproval. If the convening authority disapproves the findings and sentence and does not order a rehearing, he or she shall dismiss the charges.
2. Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he or she was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.
κ2013 Statutes of Nevada, Page 1135 (CHAPTER 254, SB 18)κ
the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes a plea with respect to the charges or specifications upon which the pretrial agreement was based or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.
Sec. 103. NRS 412.432 is hereby amended to read as follows:
412.432 1. Except as otherwise required by this section, all records of trial and related documents must be transmitted and disposed of as prescribed by regulation and provided by law.
2. If the convening authority is the Governor, his or her action on the review of any record of trial is final.
[2.] 3. In all other cases not covered by subsection [1,] 2, if the sentence of a special court-martial as approved by the convening authority includes a bad-conduct discharge, whether or not suspended, the entire record must be sent to the appropriate staff judge advocate or legal officer of the state force concerned to be reviewed in the same manner as a record of trial by general court-martial. The record and the opinion of the staff judge advocate or legal officer must then be sent to the State Judge Advocate for review.
[3.] 4. All other special and summary court-martial records must be sent to the law specialist or legal officer of the appropriate force of the Nevada National Guard and must be acted upon, transmitted and disposed of as may be prescribed by Office regulations.
[4.] 5. The State Judge Advocate shall review the record of trial in each case sent to him or her for review as provided under subsection [3.] 4. If the final action of the court-martial has resulted in an acquittal of all charges and specifications, the opinion of the State Judge Advocate must be limited to questions of jurisdiction.
[5.] 6. The State Judge Advocate shall take final action in any case reviewable by him or her.
[6.] 7. In a case reviewable by the State Judge Advocate under this section, the State Judge Advocate may act only with respect to the findings and sentence as approved by the convening authority. The State Judge Advocate may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as he or she finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record he or she may weigh the evidence, judge the credibility of witnesses and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses. If the State Judge Advocate sets aside the findings and sentence, he or she may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If the State Judge Advocate sets aside the findings and sentence and does not order a rehearing, he or she shall order that the charges be dismissed.
[7.] 8. In a case reviewable by the State Judge Advocate under this section, he or she shall instruct the convening authority to act in accordance with his or her decision on the review. If the State Judge Advocate has ordered a rehearing but the convening authority finds a rehearing impracticable, he or she may dismiss the charges.
κ2013 Statutes of Nevada, Page 1136 (CHAPTER 254, SB 18)κ
[8.] 9. The State Judge Advocate may order one or more boards of review each composed of not less than three commissioned officers of the Nevada National Guard, each of whom must be a member of the State Bar of Nevada. Each board of review shall review the record of any trial by special court-martial, including a sentence to a bad-conduct discharge, referred to it by the State Judge Advocate. Boards of review have the same authority on review as the State Judge Advocate has under this section.
Sec. 104. NRS 412.452 is hereby amended to read as follows:
412.452 No person may be tried or punished for any offense provided for in NRS 412.454 to 412.558, inclusive, and sections 33 to 40, inclusive, of this act unless it was committed while the person was in a duty status.
Sec. 105. NRS 412.566 is hereby amended to read as follows:
412.566 1. NRS 412.254, 412.256, 412.266 to 412.302, inclusive, and sections 9 to 17, inclusive, of this act, 412.332, 412.336, 412.362, 412.406, 412.452 to 412.556, inclusive, [and] 412.566 [to] , 412.568, 412.572 [, inclusive,] and section 8 of this act must be carefully explained to every enlisted member [at the time] :
(a) At the time of his or her enlistment or transfer or induction into [, or at the time] any of the state military forces or within 30 days thereafter;
(b) At the time of his or her being ordered to duty in or with [,] any of the state military forces or within 30 days thereafter. [Those]
2. The sections set forth in subsection 1 must also be explained annually to each unit of the state military forces.
3. A complete text of this Code and Office regulations thereunder must be made available to any member of the militia, upon his or her request, for his or her personal examination.
Sec. 106. NRS 412.568 is hereby amended to read as follows:
412.568 Any member of the [militia] state military forces who believes himself or herself wronged by his or her commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the [Adjutant Generals office.] officer exercising general court-martial jurisdiction over the officer against whom the complaint is made. The officer exercising general court-martial jurisdiction shall examine the complaint and take proper measures for redressing the wrong complained of and shall, as soon as possible, send to the Adjutant General a true statement of that complaint, with the proceedings had thereon.
Sec. 107. NRS 412.576 is hereby amended to read as follows:
412.576 1. For the purpose of collecting fines or penalties imposed by a court-martial, the president of any general or special court-martial and the summary court officer of any summary court-martial shall make a list of all fines and penalties and of the persons against whom they have been imposed, and may thereafter issue a warrant under his or her hand directed to any sheriff or constable of the county, commanding him or her to levy and collect such fines, together with the costs, upon and out of the property of the person against whom the fine or penalty was imposed.
2. Such warrant shall be executed and renewed in the same manner as executions from Justice Courts are executed and renewed.
3. The amount of such a fine may be noted upon any state roll or account for pay of the delinquent and deducted from any pay or allowance due or thereafter to become due him or her, until the fine is liquidated. Any sum so deducted shall be turned in to the military court which imposed the fine and shall be paid over by the officer receiving it in like manner as provided for other fines and moneys collected under a sentence of a summary court-martial.
κ2013 Statutes of Nevada, Page 1137 (CHAPTER 254, SB 18)κ
fine and shall be paid over by the officer receiving it in like manner as provided for other fines and moneys collected under a sentence of a summary court-martial.
4. All fines collected shall be paid by the officer collecting the same to the commanding officer of the organization of which the person fined is or was a member and accounted for by the commanding officer in the same manner as are other state funds.
5. Fines imposed by a military court or through imposition of nonjudicial punishment may be paid to the State and delivered to the court or imposing officer, or to a person executing their process. Fines may be collected in the following manner:
(a) By cash or money order;
(b) By retention of any pay or allowances due or to become due to the person fined from any state or the United States; or
(c) By garnishment or levy, together with costs, on the wages, goods and chattels of a person delinquent in paying a fine, as provided by law.
Sec. 108. NRS 412.578 is hereby amended to read as follows:
412.578 1. No action or proceeding may be prosecuted against the convening authority or a member of a military court or officer or person acting under its authority or reviewing its proceedings because of the approval, imposition or execution of any sentence or the imposition or collection of a fine or penalty, or the execution of any process or mandate of a military court.
2. All persons acting under the provisions of this Code, whether as a member of the military or as a civilian, are immune from any personal liability for any of the acts or omissions which they performed or failed to perform as part of their duties under this Code.
Sec. 109. NRS 412.604 is hereby amended to read as follows:
412.604 1. It is unlawful for any body of persons whatever, other than the Nevada National Guard and the troops of the United States, to associate themselves together as a volunteer military company or volunteer military organization to drill or parade with arms in any city or town of this state, without the license of the Governor, which license may at any time be revoked.
2. Students in educational institutions where military science is a part of the course of instruction may, with the consent of the Governor, drill and parade with arms in public under the superintendence of their instructor.
3. Nothing contained in this section shall be construed so as to prevent members of benevolent or social organizations from wearing swords.
4. Any person violating any of the provisions of this section is guilty of a misdemeanor.
Sec. 110. NRS 412.184 and 412.292 are hereby repealed.
Sec. 111. This act becomes effective upon passage and approval.
________
κ2013 Statutes of Nevada, Page 1138κ
Senate Bill No. 76Senator Settelmeyer
CHAPTER 255
[Approved: May 29, 2013]
AN ACT relating to concealed firearms; revising the definition of concealed firearm; authorizing a person to obtain one permit to carry a concealed firearm for all handguns owned by the person; revising provisions relating to a persons demonstration of competence with certain firearms for the purpose of obtaining or renewing a permit to carry a concealed firearm; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law defines concealed firearm as a loaded or unloaded pistol, revolver or other firearm which is carried upon a person in such a manner as not to be discernible by ordinary observation. (NRS 202.3653) Existing law provides that a person who applies for a permit to carry a concealed firearm may submit one application and obtain one permit to carry all revolvers and semiautomatic firearms owned by the person. A permit must list each category of firearm to which the permit pertains and is valid for any revolver or semiautomatic firearm which the permittee owns or thereafter obtains. An applicant for a permit must demonstrate competence with revolvers, semiautomatic firearms or both, as applicable, before obtaining a permit. (NRS 202.3657) Existing law also requires a permittee who wishes to renew his or her permit to demonstrate continued competence with revolvers, semiautomatic firearms or both, as applicable. (NRS 202.3677)
Section 1 of this bill revises the definition of concealed firearm and defines the term as a loaded or unloaded handgun which is carried upon a person in a manner as not to be discernible by ordinary observation. Section 2 of this bill provides that a person may obtain one permit to carry all handguns owned by the person, and such a permit is valid for any handgun which the person owns or thereafter obtains. Section 2 requires an applicant for a permit to demonstrate competence with handguns before obtaining a permit, and section 4 of this bill requires a permittee to demonstrate continued competence with handguns before renewing a permit. Section 3 of this bill revises the required form of a permit.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 202.3653 is hereby amended to read as follows:
202.3653 As used in NRS 202.3653 to 202.369, inclusive, unless the context otherwise requires:
1. Concealed firearm means a loaded or unloaded [pistol, revolver or other firearm] handgun which is carried upon a person in such a manner as not to be discernible by ordinary observation.
2. Department means the Department of Public Safety.
3. Handgun has the meaning ascribed to it in 18 U.S.C. § 921(a)(29).
4. Permit means a permit to carry a concealed firearm issued pursuant to the provisions of NRS 202.3653 to 202.369, inclusive.
[4. Revolver means a firearm that has a revolving cylinder with several chambers, which, by pulling the trigger or setting the hammer, are aligned with the barrel, placing the bullet in a position to be fired.
κ2013 Statutes of Nevada, Page 1139 (CHAPTER 255, SB 76)κ
aligned with the barrel, placing the bullet in a position to be fired. The term includes, without limitation, a single or double derringer.
5. Semiautomatic firearm means a firearm which:
(a) Uses the energy of the explosive in a fixed cartridge to extract a fixed cartridge and chamber a fresh cartridge with each single pull of the trigger; and
(b) Requires the release of the trigger and another pull of the trigger for each successive shot.]
Sec. 2. NRS 202.3657 is hereby amended to read as follows:
202.3657 1. Any person who is a resident of this State may apply to the sheriff of the county in which he or she resides for a permit on a form prescribed by regulation of the Department. Any person who is not a resident of this State may apply to the sheriff of any county in this State for a permit on a form prescribed by regulation of the Department. Application forms for permits must be furnished by the sheriff of each county upon request.
2. A person applying for a permit may submit one application and obtain one permit to carry all [revolvers and semiautomatic firearms] handguns owned by the person. The person must not be required to list and identify on the application each [revolver or semiautomatic firearm] handgun owned by the person. A permit [must list each category of firearm to which the permit pertains and] is valid for any [revolver or semiautomatic firearm] handgun which is owned or thereafter obtained by the person to whom the permit is issued.
3. Except as otherwise provided in this section, the sheriff shall issue a permit [for revolvers, semiautomatic firearms or both, as applicable,] to any person who is qualified to possess [the firearms to which the application pertains] a handgun under state and federal law, who submits an application in accordance with the provisions of this section and who:
(a) Is 21 years of age or older;
(b) Is not prohibited from possessing a firearm pursuant to NRS 202.360; and
(c) Demonstrates competence with [revolvers, semiautomatic firearms or both, as applicable,] handguns by presenting a certificate or other documentation to the sheriff which shows that the applicant:
(1) Successfully completed a course in firearm safety approved by a sheriff in this State; or
(2) Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.
Κ Such a course must include instruction in the use of [revolvers, semiautomatic firearms or both, as applicable,] handguns and in the laws of this State relating to the use of a firearm. A sheriff may not approve a course in firearm safety pursuant to subparagraph (1) unless the sheriff determines that the course meets any standards that are established by the Nevada Sheriffs and Chiefs Association or, if the Nevada Sheriffs and Chiefs Association ceases to exist, its legal successor.
4. The sheriff shall deny an application or revoke a permit if the sheriff determines that the applicant or permittee:
(a) Has an outstanding warrant for his or her arrest.
(b) Has been judicially declared incompetent or insane.
(c) Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding 5 years.
κ2013 Statutes of Nevada, Page 1140 (CHAPTER 255, SB 76)κ
(d) Has habitually used intoxicating liquor or a controlled substance to the extent that his or her normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, the person has been:
(1) Convicted of violating the provisions of NRS 484C.110; or
(2) Committed for treatment pursuant to NRS 458.290 to 458.350, inclusive.
(e) Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding 3 years.
(f) Has been convicted of a felony in this State or under the laws of any state, territory or possession of the United States.
(g) Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence.
(h) Is currently on parole or probation from a conviction obtained in this State or in any other state or territory or possession of the United States.
(i) Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this State or of any other state or territory or possession of the United States, as a condition to the courts:
(1) Withholding of the entry of judgment for a conviction of a felony; or
(2) Suspension of sentence for the conviction of a felony.
(j) Has made a false statement on any application for a permit or for the renewal of a permit.
5. The sheriff may deny an application or revoke a permit if the sheriff receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection 4 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.
6. If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the persons permit or the processing of the persons application until the final disposition of the charges against the person. If a permittee is acquitted of the charges, or if the charges are dropped, the sheriff shall restore his or her permit without imposing a fee.
7. An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicants signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include:
(a) The name, address, place and date of birth, social security number, occupation and employer of the applicant and any other names used by the applicant;
κ2013 Statutes of Nevada, Page 1141 (CHAPTER 255, SB 76)κ
(b) A complete set of the applicants fingerprints taken by the sheriff or his or her agent;
(c) A front-view colored photograph of the applicant taken by the sheriff or his or her agent;
(d) If the applicant is a resident of this State, the drivers license number or identification card number of the applicant issued by the Department of Motor Vehicles;
(e) If the applicant is not a resident of this State, the drivers license number or identification card number of the applicant issued by another state or jurisdiction;
(f) [Whether the application pertains to semiautomatic firearms;
(g) Whether the application pertains to revolvers;
(h)] A nonrefundable fee equal to the nonvolunteer rate charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation to obtain the reports required pursuant to subsection 1 of NRS 202.366; and
[(i)] (g) A nonrefundable fee set by the sheriff not to exceed $60.
Sec. 3. NRS 202.366 is hereby amended to read as follows:
202.366 1. Upon receipt by a sheriff of an application for a permit, including an application for the renewal of a permit pursuant to NRS 202.3677, the sheriff shall conduct an investigation of the applicant to determine if the applicant is eligible for a permit. In conducting the investigation, the sheriff shall forward a complete set of the applicants fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report concerning the criminal history of the applicant. The investigation also must include a report from the National Instant Criminal Background Check System. The sheriff shall issue a permit to the applicant unless the applicant is not qualified to possess a handgun pursuant to state or federal law or is not otherwise qualified to obtain a permit pursuant to NRS 202.3653 to 202.369, inclusive, or the regulations adopted pursuant thereto.
2. To assist the sheriff in conducting the investigation, any local law enforcement agency, including the sheriff of any county, may voluntarily submit to the sheriff a report or other information concerning the criminal history of an applicant.
3. Within 120 days after a complete application for a permit is submitted, the sheriff to whom the application is submitted shall grant or deny the application. If the application is denied, the sheriff shall send the applicant written notification setting forth the reasons for the denial. If the application is granted, the sheriff shall provide the applicant with a permit containing a colored photograph of the applicant and containing such other information as may be prescribed by the Department. The permit must be in substantially the following form:
NEVADA CONCEALED FIREARM PERMIT
County........................................... Permit Number..............................
Expires........................................... Date of Birth.................................
Height............................................ Weight............................................
Name............................................. Address...........................................
City................................................. Zip...................................................
Photograph
κ2013 Statutes of Nevada, Page 1142 (CHAPTER 255, SB 76)κ
Signature.....................................
Issued by.....................................
Date of Issue..............................
[Semiautomatic firearms authorized........................ Yes...................... No
Revolvers authorized................................................... Yes.................... No]
4. Unless suspended or revoked by the sheriff who issued the permit, a permit expires 5 years after the date on which it is issued.
5. As used in this section, National Instant Criminal Background Check System means the national system created by the federal Brady Handgun Violence Prevention Act, Public Law 103-159.
Sec. 4. NRS 202.3677 is hereby amended to read as follows:
202.3677 1. If a permittee wishes to renew his or her permit, the permittee must:
(a) Complete and submit to the sheriff who issued the permit an application for renewal of the permit; and
(b) Undergo an investigation by the sheriff pursuant to NRS 202.366 to determine if the permittee is eligible for a permit.
2. An application for the renewal of a permit must:
(a) Be completed and signed under oath by the applicant;
(b) Contain a statement that the applicant is eligible to receive a permit pursuant to NRS 202.3657;
(c) Be accompanied by a nonrefundable fee equal to the nonvolunteer rate charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation to obtain the reports required pursuant to subsection 1 of NRS 202.366; and
(d) Be accompanied by a nonrefundable fee of $25.
Κ If a permittee fails to renew his or her permit on or before the date of expiration of the permit, the application for renewal must include an additional nonrefundable late fee of $15.
3. No permit may be renewed pursuant to this section unless the permittee has demonstrated continued competence with [revolvers, semiautomatic firearms or both, as applicable,] handguns by successfully completing a course prescribed by the sheriff renewing the permit.
________
κ2013 Statutes of Nevada, Page 1143κ
Senate Bill No. 90Senator Settelmeyer
Joint Sponsors: Assemblymen Grady; and Ellison
CHAPTER 256
[Approved: May 29, 2013]
AN ACT relating to confidential information; requiring a state or local governmental entity to keep confidential certain records which are submitted to the entity in connection with an application for a special use permit or any other license, permit or similar approval; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that exploration or subsurface information obtained as a result of a geothermal project must be filed with the Division of Minerals of the Commission on Mineral Resources and further provides that this information is confidential for 5 years after the date of filing. (NRS 534A.031) Section 10.5 of this bill requires a state or local governmental entity to keep this information confidential during the same period if the information is submitted to the entity in connection with an application for a special use permit or any other license, permit or similar approval.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-10. (Deleted by amendment.)
Sec. 10.5. NRS 534A.031 is hereby amended to read as follows:
534A.031 1. Any exploration and subsurface information obtained as a result of a geothermal project must be filed with the Division of Minerals of the Commission on Mineral Resources within 30 days after it is accumulated. The information is confidential for 5 years after the date of filing and may not be disclosed during that time without the express written consent of the operator of the project, except that it must be made available by the Division to the State Engineer or any other agency of the State upon request. The State Engineer or other agency shall keep the information confidential.
2. If any information made confidential by subsection 1 is submitted to any other state or local governmental entity in connection with an application for a special use permit or any other license, permit or similar approval, the entity shall keep the information confidential during the period the information is confidential pursuant to subsection 1.
Sec. 11. This act becomes effective on July 1, 2013.
________
κ2013 Statutes of Nevada, Page 1144κ
Senate Bill No. 209Senators Hutchison, Roberson, Gustavson, Hammond, Spearman; Goicoechea, Hardy, Segerblom and Settelmeyer
CHAPTER 257
[Approved: May 29, 2013]
AN ACT relating to economic development; requiring each regional development authority to present a plan for its region to the Executive Director of the Office of Economic Development regarding a recruiting and marketing effort to attract professionals and businesses to the region; requiring the Board of Economic Development to make recommendations to the Executive Director regarding a recruiting and marketing effort to attract professionals and businesses to this State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Board of Economic Development to recommend to the Executive Director of the Office of Economic Development a State Plan for Economic Development and to make recommendations for carrying out the State Plan. Section 2 of this bill specifically requires the inclusion of recommendations regarding the development and implementation of a recruiting and marketing effort to attract professionals and businesses to this State. (NRS 231.037)
Existing law further requires the Executive Director to designate regional development authorities to implement the State Plan. (NRS 231.053)
Section 1 of this bill requires each regional development authority to present a plan to the Executive Director regarding the development and enhancement of a recruiting and marketing effort to attract professionals and businesses to the region of this State served by the regional development authority. Section 1 also requires the Executive Director to consider those plans in carrying out his or her duties concerning the State Plan.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 231 of NRS is hereby amended by adding thereto a new section to read as follows:
Each regional development authority shall present a plan to the Executive Director regarding the development and enhancement of a recruiting and marketing effort to attract professionals and businesses to the region of this State served by the regional development authority. The Executive Director shall consider any plan presented pursuant to this section in carrying out the provisions of NRS 231.053.
Sec. 1.5. NRS 231.020 is hereby amended to read as follows:
231.020 As used in NRS 231.020 to 231.139, inclusive, and section 1 of this act, unless the context otherwise requires, motion pictures includes feature films, movies made for broadcast or other electronic transmission, and programs made for broadcast or other electronic transmission in episodes.
κ2013 Statutes of Nevada, Page 1145 (CHAPTER 257, SB 209)κ
Sec. 2. NRS 231.037 is hereby amended to read as follows:
231.037 The Board shall:
1. Review and evaluate all programs of economic development in this State and make recommendations to the Legislature for legislation to improve the effectiveness of those programs in implementing the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053.
2. Recommend to the Executive Director a State Plan for Economic Development and make recommendations to the Executive Director for carrying out the State Plan for Economic Development [.] , including, without limitation, recommendations regarding the development and implementation of a recruiting and marketing effort to attract professionals and businesses to this State.
3. Recommend to the Executive Director the criteria for the designation of regional development authorities.
4. Make recommendations to the Executive Director for the designation for the southern region of this State, the northern region of this State and the rural region of this State, one or more regional development authorities for each region.
5. Provide advice and recommendations to the Executive Director concerning:
(a) The procedures to be followed by any entity seeking to obtain any development resource, allocation, grant or loan from the Office;
(b) The criteria to be used by the Office in providing development resources and making allocations, grants and loans;
(c) The requirements for reports from the recipients of development resources, allocations, grants and loans from the Office concerning the use thereof; and
(d) Any other activities of the Office.
6. Review each proposal by the Executive Director to enter into a contract pursuant to NRS 231.057 for more than $100,000 or allocate, grant or loan more than $100,000 to any entity and, as the Board determines to be in the best interests of the State, approve or disapprove the proposed allocation, grant or loan. Notwithstanding any other statutory provision to the contrary, the Executive Director shall not enter into any contract pursuant to NRS 231.057 for more than $100,000 or make any allocation, grant or loan of more than $100,000 to any entity unless the allocation, grant or loan is approved by the Board.
Sec. 3. NRS 231.053 is hereby amended to read as follows:
231.053 After considering any pertinent advice and recommendations of the Board, the Executive Director:
1. Shall direct and supervise the administrative and technical activities of the Office.
2. Shall develop and may periodically revise a State Plan for Economic Development, which must include a statement of:
(a) New industries which have the potential to be developed in this State;
(b) The strengths and weaknesses of this State for business incubation;
(c) The competitive advantages and weaknesses of this State;
(d) The manner in which this State can leverage its competitive advantages and address its competitive weaknesses;
(e) A strategy to encourage the creation and expansion of businesses in this State and the relocation of businesses to this State; and
κ2013 Statutes of Nevada, Page 1146 (CHAPTER 257, SB 209)κ
(f) Potential partners for the implementation of the strategy, including, without limitation, the Federal Government, local governments, local and regional organizations for economic development, chambers of commerce, and private businesses, investors and nonprofit entities.
3. Shall develop criteria for the designation of regional development authorities pursuant to subsection 4.
4. Shall designate as many regional development authorities for each region of this State as the Executive Director determines to be appropriate to implement the State Plan for Economic Development. In designating regional development authorities, the Executive Director must consult with local governmental entities affected by the designation. The Executive Director may, if he or she determines that such action would aid in the implementation of the State Plan for Economic Development, remove the designation of any regional development authority previously designated pursuant to this section.
5. Shall establish procedures for entering into contracts with regional development authorities to provide services to aid, promote and encourage the economic development of this State.
6. May apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of NRS 231.020 to 231.139, inclusive, and section 1 of this act, and 231.1573 to 231.1597, inclusive.
7. May adopt such regulations as may be necessary to carry out the provisions of NRS 231.020 to 231.139, inclusive, and section 1 of this act, and 231.1573 to 231.1597, inclusive.
8. In a manner consistent with the laws of this State, may reorganize the programs of economic development in this State to further the State Plan for Economic Development. If, in the opinion of the Executive Director, changes to the laws of this State are necessary to implement the economic development strategy for this State, the Executive Director must recommend the changes to the Governor and the Legislature.
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Senate Bill No. 236Senators Spearman, Parks; Ford, Jones, Kihuen, Manendo, Segerblom and Woodhouse
Joint Sponsors: Assemblymen Aizley, Kirner and Swank
CHAPTER 258
[Approved: May 29, 2013]
AN ACT relating to governmental administration; requiring a state agency to make available on an Internet website maintained by the state agency certain forms of the state agency in a format which allows the form to be completed, downloaded and saved electronically and submitted securely to the state agency via the Internet; authorizing a state agency to apply for a waiver from such a requirement; requiring the Interim Finance Committee to grant such a waiver in certain circumstances; authorizing a state agency to provide a copy of certain records to any other state agency upon request; and providing other matters properly relating thereto.
κ2013 Statutes of Nevada, Page 1147 (CHAPTER 258, SB 236)κ
Legislative Counsels Digest:
Section 3 of this bill requires each state agency, as soon as reasonably practicable, but not later than June 30, 2015, to make available on an Internet website maintained by the state agency an electronic version of each administrative form of the state agency in a format which allows the form to be completed, downloaded and saved electronically and submitted securely to the state agency via the Internet. Section 3 further authorizes a state agency to: (1) utilize, in a manner determined appropriate by the state agency, any program, software or technology to comply with that requirement; (2) collaborate with other state agencies to comply with that requirement; and (3) comply with that requirement in phases or separate portions over time. Section 3 also authorizes a state agency to apply to the Interim Finance Committee for a waiver of that requirement and requires the Committee to grant the waiver if the Committee determines that extenuating circumstances exist or that the cost to comply with the requirement is unreasonable and would place an undue burden on the operations of the state agency. Section 4 of this bill authorizes a state agency, upon receiving a written request from any other state agency, to provide the requesting state agency with a copy of any record maintained by the state agency other than a record which is declared by law to be confidential.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 237 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. As used in sections 2, 3 and 4 of this act, the term state agency means every public agency, bureau, board, commission, department or division of the Executive Department of State Government.
Sec. 3. 1. Except as otherwise provided in subsection 3, a state agency shall, as soon as reasonably practicable, but not later than June 30, 2015, make available on an Internet website maintained by the state agency an electronic version of each administrative form of the state agency which is used by any person to submit information to the state agency. The electronic version of each administrative form must be in a format that allows a person to complete or prepare the form electronically, download and save an electronic copy of the form to a computer and submit the form to the state agency securely via the Internet.
2. A state agency may, in the discretion of the state agency:
(a) Utilize, in the manner that the state agency determines is appropriate, any program, software or technology that the state agency determines is appropriate for the purposes of complying with the requirements of subsection 1;
(b) Collaborate with another state agency to carry out the provisions of subsection 1, including, without limitation, for the purpose of sharing technology; and
(c) Comply with the provisions of subsection 1 in phases or separate portions over time, if the state agency determines that such an approach would be useful in fully complying with the provisions of subsection 1 by June 30, 2015.
3. A state agency may apply to the Interim Finance Committee for a waiver of the requirements of subsection 1. The Committee shall grant such a waiver to a state agency if the Committee determines that extenuating circumstances exist or that the cost to comply with subsection 1 is unreasonable and would place an undue burden on the operations of the state agency.
κ2013 Statutes of Nevada, Page 1148 (CHAPTER 258, SB 236)κ
extenuating circumstances exist or that the cost to comply with subsection 1 is unreasonable and would place an undue burden on the operations of the state agency.
Sec. 4. A state agency may, upon receiving a written request from any other state agency, provide to the requesting state agency a copy of any record maintained by the state agency other than a record which is declared by law to be confidential. For the purposes of this section, if a record is declared by law to be confidential in part and not confidential in part, the state agency may provide to the requesting state agency a copy of that portion of the record which is not confidential.
Sec. 5. This act becomes effective upon passage and approval.
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Senate Bill No. 246Senators Jones and Spearman
CHAPTER 259
[Approved: May 29, 2013]
AN ACT relating to campaign practices; amending the definition of committee for political action to include certain organizations and entities that receive contributions or make expenditures in excess of certain amounts for the purpose of affecting an election or ballot question; requiring such organizations and entities to register as committees for political action and report certain information; clarifying that political parties and committees sponsored by political parties are not committees for political action; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Nevadas elections laws require major and minor political parties and committees sponsored by those political parties to report certain information regarding campaign contributions and expenditures. Nevadas elections laws also require committees for political action to report certain information regarding campaign contributions and expenditures. (Chapter 294A of NRS)
Section 1 of this bill clarifies that major and minor political parties and committees sponsored by those political parties are not committees for political action under Nevadas elections laws to ensure that there is no conflict between the provisions governing major and minor political parties and committees sponsored by those political parties and the provisions governing committees for political action. (NRS 294A.0055)
Section 1 also revises the definition of committee for political action to include any business or social organization, corporation, partnership, association, trust, unincorporated organization or labor union that: (1) has as its primary purpose affecting the outcome of any election or ballot question and for that purpose receives in excess of $1,500 in contributions or makes expenditures in excess of $1,500 in a calendar year; or (2) does not have as its primary purpose affecting the outcome of any election or ballot question but for that purpose receives in excess of $5,000 in contributions or makes expenditures in excess of $5,000 in a calendar year. (NRS 294A.0055)
κ2013 Statutes of Nevada, Page 1149 (CHAPTER 259, SB 246)κ
Section 2 of this bill requires all such organizations and entities to register with the Secretary of State not later than 7 calendar days after qualifying as a committee for political action and to thereafter comply with the reporting requirements regarding campaign contributions and expenditures. However, if the organization or entity does not have as its primary purpose affecting the outcome of any election or ballot question, it must report only those contributions received for the purpose of affecting the outcome of any election or ballot question. (NRS 294A.230)
The provisions of this bill requiring such organizations and entities to register with the Secretary of State as committees for political action and comply with campaign reporting requirements are modeled on statutes enacted by the State of Maine. (Me. Rev. Stat. Ann. tit. 21-A, §§ 1051-1063) The Maine statutes and similar statutes from other jurisdictions have been upheld as constitutionally valid elections laws because they promote an informed electorate by providing voters with pertinent and valuable information about organizations and entities that finance and disseminate elections-related speech. (Natl Org. for Marriage v. McKee, 649 F.3d 34 (1st Cir. 2011); Real Truth About Abortion, Inc. v. FEC, 681 F.3d 544 (4th Cir. 2012); Ctr. for Individual Freedom v. Madigan, 697 F.3d 464 (7th Cir. 2012); Family PAC v. McKenna, 685 F.3d 800 (9th Cir. 2012); SpeechNow.org v. FEC, 599 F.3d 686 (D.C. Cir. 2010))
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 294A.0055 is hereby amended to read as follows:
294A.0055 1. Committee for political action means [any] :
(a) Any group of natural persons or entities that solicits or receives contributions from any other person, group or entity and:
[(a)] (1) Makes or intends to make contributions to candidates or other persons; or
[(b)] (2) Makes or intends to make expenditures,
Κ designed to affect the outcome of any primary election, primary city election, general election, general city election, special election or question on the ballot.
(b) Any business or social organization, corporation, partnership, association, trust, unincorporated organization or labor union:
(1) Which has as its primary purpose affecting the outcome of any primary election, primary city election, general election, general city election, special election or any question on the ballot and for that purpose receives contributions in excess of $1,500 in a calendar year or makes expenditures in excess of $1,500 in a calendar year; or
(2) Which does not have as its primary purpose affecting the outcome of any primary election, primary city election, general election, general city election, special election or any question on the ballot, but for the purpose of affecting the outcome of any election or question on the ballot receives contributions in excess of $5,000 in a calendar year or makes expenditures in excess of $5,000 in a calendar year.
2. Committee for political action does not include:
(a) An organization made up of legislative members of a political party whose primary purpose is to provide support for their political efforts.
(b) An entity solely because it provides goods or services to a candidate or committee in the regular course of its business at the same price that would be provided to the general public.
κ2013 Statutes of Nevada, Page 1150 (CHAPTER 259, SB 246)κ
(c) An individual natural person.
(d) [An] Except as otherwise provided in paragraph (b) of subsection 1, an individual corporation or other business organization who has filed articles of incorporation or other documentation of organization with the Secretary of State pursuant to title 7 of NRS.
(e) [A] Except as otherwise provided in paragraph (b) of subsection 1, a labor union.
(f) A personal campaign committee or the personal representative of a candidate who receives contributions or makes expenditures that are reported as campaign contributions or expenditures by the candidate.
(g) A committee for the recall of a public officer.
(h) A major or minor political party or any committee sponsored by a major or minor political party.
Sec. 2. NRS 294A.230 is hereby amended to read as follows:
294A.230 1. [Each] Except as otherwise provided in subsection 2, each committee for political action shall, before it engages in any activity in this State, register with the Secretary of State on forms supplied by the Secretary of State.
2. A person who qualifies as a committee for political action in accordance with:
(a) Subparagraph (1) of paragraph (b) of subsection 1 of NRS 294A.0055 by receiving contributions in excess of $1,500 in a calendar year or making expenditures in excess of $1,500 in a calendar year; or
(b) Subparagraph (2) of paragraph (b) of subsection 1 of NRS 294A.0055 by receiving contributions in excess of $5,000 in a calendar year or making expenditures in excess of $5,000 in a calendar year,
Κ shall, not later than 7 calendar days after the qualifying event, register with the Secretary of State on forms supplied by the Secretary of State. When reporting contributions as required by this chapter, a person who qualifies as a committee for political action in accordance with subparagraph (2) of paragraph (b) of subsection 1 of NRS 294A.0055 is required to report only those contributions received for the purpose of affecting the outcome of any primary election, primary city election, general election, general city election, special election or any question on the ballot.
3. The form must require:
(a) The name of the committee [;] for political action;
(b) The purpose for which it was organized;
(c) The names, addresses and telephone numbers of its officers;
(d) If the committee for political action is affiliated with any other organizations, the name, address and telephone number of each organization;
(e) The name, address and telephone number of its registered agent; and
(f) Any other information deemed necessary by the Secretary of State.
[3.] 4. A committee for political action shall file with the Secretary of State:
(a) An amended form for registration within 30 days after any change in the information contained in the form for registration.
(b) A form for registration on or before January 15 of each year, regardless of whether there is a change in the information contained in the most recent form for registration filed by the committee for political action with the Secretary of State.
κ2013 Statutes of Nevada, Page 1151 (CHAPTER 259, SB 246)κ
[4.] 5. The Secretary of State shall include on the Secretary of States Internet website the information required pursuant to subsection [2.
5.] 3.
6. For purposes of the civil penalty that the Secretary of State may impose pursuant to NRS 294A.420 for violating the provisions of subsection 1 [,] or 2, if a committee for political action fails to register with the Secretary of State pursuant to subsection 1 [,] or 2, each time the committee for political action engages in any activity in this State constitutes a separate violation of subsection 1 or 2 for which the Secretary of State may impose a civil penalty.
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Senate Bill No. 258Senators Brower, Jones, Hammond, Hutchison, Roberson; Atkinson, Cegavske, Ford, Goicoechea, Hardy, Kieckhefer, Manendo, Spearman and Woodhouse
Joint Sponsors: Assemblymen Hickey; Hambrick, Hardy, Munford, Oscarson, Sprinkle, Swank and Wheeler
CHAPTER 260
[Approved: May 29, 2013]
AN ACT relating to the protection of children; creating the Task Force on the Prevention of Sexual Abuse of Children within the Division of Child and Family Services of the Department of Health and Human Services; requiring the Task Force to perform certain duties; providing for the expiration of the Task Force; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Division of Child and Family Services of the Department of Health and Human Services administers, coordinates and provides child welfare services in this State. (NRS 432B.180) Section 2 of this bill creates the Task Force on the Prevention of Sexual Abuse of Children within the Division. Section 3 of this bill establishes certain procedures governing the Task Force. Section 4 of this bill authorizes the Task Force to recommend a policy that includes educating certain persons who are associated with children about the sexual abuse of children, and providing support services to children in this State who may be affected by sexual abuse. Section 5 of this bill: (1) requires the Task Force to provide to the Governor and the Legislature recommendations, in the form of a report, to reduce the sexual abuse of children in this State; (2) sets a deadline for the submission of the report; (3) requires the Task Force to seek information from certain agencies, organizations and persons in compiling the required recommendations; and (4) requires the Task Force to recommend goals for policy to prevent the sexual abuse of children in this State. Section 6 of this bill provides for the expiration of the Task Force.
κ2013 Statutes of Nevada, Page 1152 (CHAPTER 260, SB 258)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. The Task Force on the Prevention of Sexual Abuse of Children is hereby created within the Division of Child and Family Services.
2. The Task Force consists of 15 members as follows:
(a) One member of the Senate and one member of the public, each appointed by the Majority Leader of the Senate;
(b) One member of the Senate and one member of the public, each appointed by the Minority Leader of the Senate;
(c) One member of the Assembly and one member of the public, each appointed by the Speaker of the Assembly;
(d) One member of the Assembly and one member of the public, each appointed by the Minority Leader of the Assembly;
(e) The Administrator of the Division of Child and Family Services or the designee of the Administrator;
(f) The Superintendent of Public Instruction or the designee of the Superintendent;
(g) The Attorney General or the designee of the Attorney General;
(h) A representative of an agency that is involved in the investigation, prosecution and treatment of cases of the sexual abuse of children in this State, appointed by the Administrator of the Division of Child and Family Services;
(i) Two representatives of different statewide organizations of professional teachers, each appointed by the head of his or her organization, with the organizations of professional teachers to be chosen by the Superintendent of Public Instruction; and
(j) A representative of an organization involved in the prevention of the sexual abuse of children in this State, appointed by the Administrator of the Division of Child and Family Services.
3. Each member of the Task Force must be involved actively in one or more aspects of the prevention of the sexual abuse of children and the promotion of child welfare in this State.
Sec. 3. 1. The members of the Task Force on the Prevention of Sexual Abuse of Children shall, by a majority vote, elect a Chair and a Vice Chair from among their number.
2. The members of the Task Force shall meet at the call of the Chair not more than 6 times. The Task Force shall prescribe rules for its management and government.
3. A majority of the members of the Task Force constitutes a quorum, and a quorum may exercise all the powers conferred on the Task Force.
4. The members of the Task Force serve without compensation.
5. Vacancies on the Task Force must be filled in the same manner as original appointments.
6. The Administrator of the Division of Child and Family Services shall provide the Task Force with administrative support.
7. The Task Force shall comply with the provisions of chapter 241 of NRS.
κ2013 Statutes of Nevada, Page 1153 (CHAPTER 260, SB 258)κ
Sec. 4. 1. The Task Force on the Prevention of Sexual Abuse of Children may recommend a policy addressing the sexual abuse of children in this State that may include, without limitation:
(a) Age-appropriate curriculum for pupils in prekindergarten through grade 5;
(b) Training for school personnel;
(c) Providing educational information in school handbooks, pamphlets and other materials, for parents and guardians, including, without limitation:
(1) The warning signs of sexual abuse of children; and
(2) Assistance, referral or information concerning resources; and
(d) The provision of:
(1) Counseling and other resources available to any child in this State affected by sexual abuse; and
(2) Emotional and educational support for any child in this State who has experienced sexual abuse, to allow the child to succeed in school.
2. Any policy recommended pursuant to this section may address, without limitation:
(a) Methods to increase awareness in teachers, students and parents of issues regarding the sexual abuse of children, including, without limitation, warning signs that a child might be a victim of sexual abuse;
(b) Actions that a child who is the victim of sexual abuse can take to obtain assistance and intervention; and
(c) Counseling options available for students affected by sexual abuse.
Sec. 5. 1. The Task Force on the Prevention of Sexual Abuse of Children shall recommend to the Governor and the Legislature measures intended to reduce the incidence of the sexual abuse of children in this State. The Task Force may recommend, without limitation, specific legislation and methods to foster cooperation among state agencies and between the State and local governments. The Task Force shall, not later than June 30, 2014, submit a final report of its recommendations to the Director of the Legislative Counsel Bureau for transmission to the Governor and the next regular session of the Nevada Legislature.
2. In exercising the duties prescribed in subsection 1, the Task Force shall:
(a) Gather information concerning the sexual abuse of children in this State;
(b) Receive reports and testimony from persons, State and local governmental entities, community-based organizations and other public and private organizations;
(c) Consult with employees of the Division of Child and Family Services, the Department of Public Safety, the Department of Education and any other state agency or department as necessary to accomplish the duties of the Task Force; and
(d) Recommend goals and policies to prevent the sexual abuse of children in this State.
Sec. 6. The Task Force shall meet not more than 6 times from July 1, 2013, through July 1, 2014.
Sec. 7. This act becomes effective on July 1, 2013, and expires by limitation on July 1, 2014.
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κ2013 Statutes of Nevada, Page 1154κ
Senate Bill No. 388Senators Parks, Spearman and Segerblom
Joint Sponsors: Assemblymen Martin and Healey
CHAPTER 261
[Approved: May 29, 2013]
AN ACT relating to crimes; repealing the crime of solicitation of a minor to engage in acts constituting the infamous crime against nature; providing that the crime of luring a child includes the solicitation of certain persons to engage in sexual conduct; revising certain definitions and references to sex acts; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that a person who incites, entices or solicits a minor to engage in acts which constitute the infamous crime against nature is guilty of a crime. Existing law further defines the infamous crime against nature as anal intercourse, cunnilingus or fellatio between natural persons of the same sex. (NRS 201.195) Section 20 of this bill repeals the crime of solicitation of a minor to engage in acts constituting the infamous crime against nature.
Existing law defines the term sexual conduct for the crimes of: (1) the unlawful exhibition and sale of obscene material to minors; and (2) the unlawful voluntary sexual conduct between a prisoner and another person. (NRS 201.263, 212.187) Sections 1 and 15 of this bill remove the term homosexuality, and replace the term sexual intercourse with the term sexual penetration, for the purposes of defining sexual conduct.
Existing law provides that a person commits the crime of luring a child when he or she knowingly contacts or communicates with or attempts to contact or communicate with another person whom he or she believes to be a child who is less than 16 years of age and at least 5 years younger than he or she is, with the intent to persuade or lure that person to engage in sexual conduct. (NRS 201.560) Section 1.5 of this bill provides that the crime of luring a child includes contacting or communicating with the person believed to be a child with the intent to solicit that person to engage in sexual conduct.
Existing law also requires the segregation of certain offenders committed to the custody of the Department of Corrections, if the offender tests positive for human immunodeficiency virus and engages in certain behavior, including the infamous crime against nature, that increases the risk of transmitting the virus. (NRS 209.385) Section 14 of this bill removes the reference to the infamous crime against nature, and replaces it with a reference to sexual activity.
Existing law provides that a member of the Nevada National Guard is generally subject to disciplinary proceedings through a court-martial. However, for certain crimes, including the infamous crime against nature, a member is subject to the jurisdiction of the civil courts. (NRS 412.562) Section 19 of this bill removes the reference to the infamous crime against nature, thereby deleting that particular offense from the jurisdiction of the civil courts.
κ2013 Statutes of Nevada, Page 1155 (CHAPTER 261, SB 388)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 201.263 is hereby amended to read as follows:
201.263 Sexual conduct means acts of masturbation, [homosexuality,] sexual [intercourse] penetration or physical contact with a persons unclothed genitals or pubic area.
Sec. 1.5. NRS 201.560 is hereby amended to read as follows:
201.560 1. Except as otherwise provided in subsection 3, a person commits the crime of luring a child if the person knowingly contacts or communicates with or attempts to contact or communicate with:
(a) 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 the childs home or from any location known to the childs parent or guardian or other person legally responsible for the child to a place other than where the child is located, for any purpose:
(1) Without the express consent of the parent or guardian or other person legally responsible for the child; and
(2) With the intent to avoid the consent of the parent or guardian or other person legally responsible for the child; or
(b) Another person whom he or she believes to be a child who is less than 16 years of age and at least 5 years younger than he or she is, regardless of the actual age of that other person, with the intent to solicit, persuade or lure the person to engage in sexual conduct.
2. Except as otherwise provided in subsection 3, a person commits the crime of luring a person with mental illness if the person knowingly contacts or communicates with a person with mental illness with the intent to persuade, lure or transport the person with mental illness away from his or her home or from any location known to any person legally responsible for the person with mental illness to a place other than where the person with mental illness is located:
(a) For any purpose that a reasonable person under the circumstances would know would endanger the health, safety or welfare of the person with mental illness;
(b) Without the express consent of the person legally responsible for the person with mental illness; and
(c) With the intent to avoid the consent of the person legally responsible for the person with mental illness.
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, person believed to be a child or person with mental illness.
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, person believed to be a child or person with mental illness or to cause the child, person believed to be a child or person with mental illness 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;
κ2013 Statutes of Nevada, Page 1156 (CHAPTER 261, SB 388)κ
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, person believed to be a child or person with mental illness with material that is harmful to minors or requesting the child, person believed to be a child or person with mental illness to provide the person with material that is harmful to minors, is guilty of a category C felony and shall be punished as provided in NRS 193.130; or
(c) If paragraph (a) or (b) does not apply, is guilty of a gross misdemeanor.
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, person believed to be a child or person with mental illness or to cause the child, person believed to be a child or person with mental illness 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, person believed to be a child or person with mental illness with material that is harmful to minors or requesting the child, person believed to be a child or person with mental illness 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
(c) If paragraph (a) or (b) does not apply, is guilty of a gross 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.
(c) Material means anything that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or in any other manner.
(d) Network has the meaning ascribed to it in NRS 205.4745.
(e) Person with mental illness means a person who has any mental dysfunction leading to impaired ability to maintain himself or herself and to function effectively in his or her life situation without external support.
(f) Sexual conduct has the meaning ascribed to it in NRS 201.520.
(g) System has the meaning ascribed to it in NRS 205.476.
Sec. 2. NRS 202.876 is hereby amended to read as follows:
202.876 Violent or sexual offense means any act that, if prosecuted in this State, would constitute any of the following offenses:
1. Murder or voluntary manslaughter pursuant to NRS 200.010 to 200.260, inclusive.
2. Mayhem pursuant to NRS 200.280.
3. Kidnapping pursuant to NRS 200.310 to 200.340, inclusive.
4. Sexual assault pursuant to NRS 200.366.
5. Robbery pursuant to NRS 200.380.
6. Administering poison or another noxious or destructive substance or liquid with intent to cause death pursuant to NRS 200.390.
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7. Battery with intent to commit a crime pursuant to NRS 200.400.
8. Administering a drug or controlled substance to another person with the intent to enable or assist the commission of a felony or crime of violence pursuant to NRS 200.405 or 200.408.
9. False imprisonment pursuant to NRS 200.460 if the false imprisonment involves the use or threatened use of force or violence against the victim or the use or threatened use of a firearm or a deadly weapon.
10. Assault with a deadly weapon pursuant to NRS 200.471.
11. Battery which is committed with the use of a deadly weapon or which results in substantial bodily harm as described in NRS 200.481 or battery which is committed by strangulation as described in NRS 200.481 or 200.485.
12. An offense involving pornography and a minor pursuant to NRS 200.710 or 200.720.
13. [Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.
14.] Intentional transmission of the human immunodeficiency virus pursuant to NRS 201.205.
[15.] 14. Open or gross lewdness pursuant to NRS 201.210.
[16.] 15. Lewdness with a child pursuant to NRS 201.230.
[17.] 16. An offense involving pandering or prostitution in violation of NRS 201.300, 201.320 or 201.340.
[18.] 17. Coercion pursuant to NRS 207.190, if the coercion involves the use or threatened use of force or violence against the victim or the use or threatened use of a firearm or a deadly weapon.
[19.] 18. An attempt, conspiracy or solicitation to commit an offense listed in [subsections 1 to 18, inclusive.] this section.
Sec. 3. NRS 62H.010 is hereby amended to read as follows:
62H.010 1. The fingerprints of a child must be taken if the child is in custody for an unlawful act that, if committed by an adult, would have been:
(a) A felony, gross misdemeanor or sexual offense; or
(b) A misdemeanor and the unlawful 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 juvenile court for disposition if the child is referred to the juvenile court.
(2) May be immediately destroyed or may be retained for future use if the child is not referred to the juvenile court.
3. Fingerprints that are taken from a child pursuant to the provisions of this section:
κ2013 Statutes of Nevada, Page 1158 (CHAPTER 261, SB 388)κ
(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 juvenile court for the removal of the fingerprints from any local file or local system.
(b) Must be submitted to the Central Repository if the child is adjudicated delinquent for an unlawful act that would have been a felony or a sexual offense if committed by an adult, 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 information of the child under special security measures that limit inspection of the fingerprints and the information to:
(1) Law enforcement officers who are conducting criminal investigations; and
(2) 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.
(c) Must not be submitted to the Federal Bureau of Investigation unless the child is adjudicated delinquent for an unlawful act that would have been a felony or a sexual offense if committed by an adult.
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 the juvenile court subsequently determines that the child is not delinquent, the juvenile 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;
(c) Battery with intent to commit sexual assault pursuant to 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)] (g) Indecent or obscene exposure pursuant to NRS 201.220;
[(i)] (h) Lewdness with a child pursuant to NRS 201.230;
[(j)] (i) Sexual penetration of a dead human body pursuant to NRS 201.450;
[(k)] (j) Luring a child or person with mental illness pursuant to NRS 201.560, if punishable as a felony;
[(l)] (k) An attempt to commit an offense listed in paragraphs (a) to [(k),] (j), inclusive; or
κ2013 Statutes of Nevada, Page 1159 (CHAPTER 261, SB 388)κ
[(m)] (l) An offense that is determined to be sexually motivated pursuant to NRS 175.547.
Sec. 4. NRS 62H.220 is hereby amended to read as follows:
62H.220 1. For each child adjudicated delinquent for an unlawful act that would have been a sexual offense if committed by an adult, the Division of Child and Family Services shall collect from the juvenile courts, local juvenile probation departments and the staff of the youth correctional services, as directed by the Department of Health and Human Services:
(a) The information listed in NRS 62H.210;
(b) The name of the child; and
(c) All information concerning programs of treatment in which the child participated that:
(1) Were directly related to the delinquent act committed by the child; or
(2) Were designed or utilized to prevent the commission of another such act by the child in the future.
2. The Division of Child and Family Services shall provide the information collected pursuant to subsection 1 to the Director of the Department of Health and Human Services for use in the program established pursuant to NRS 62H.300, 62H.310 and 62H.320.
3. Except as otherwise provided in NRS 239.0115, all information containing the name of the child and all information relating to programs of treatment in which the child participated is confidential and must not be used for a purpose other than that provided for in this section and NRS 62H.320.
4. 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;
(c) Battery with intent to commit sexual assault pursuant to 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)] (g) Indecent or obscene exposure pursuant to NRS 201.220;
[(i)] (h) Lewdness with a child pursuant to NRS 201.230;
[(j)] (i) Sexual penetration of a dead human body pursuant to NRS 201.450;
[(k)] (j) Luring a child using a computer, system or network pursuant to NRS 201.560, if punished as a felony;
[(l)] (k) Annoyance or molestation of a minor pursuant to NRS 207.260;
[(m)] (l) An attempt to commit an offense listed in paragraphs (a) to [(l),] (k), inclusive;
[(n)] (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 have been an offense listed in this subsection.
Sec. 5. NRS 62H.310 is hereby amended to read as follows:
62H.310 As used in this section and NRS 62H.300 and 62H.320:
1. Juvenile sex offender means a child adjudicated delinquent for an act that, if committed by an adult, would be a sexual offense.
κ2013 Statutes of Nevada, Page 1160 (CHAPTER 261, SB 388)κ
2. Sexual offense means:
(a) Sexual assault pursuant to NRS 200.366;
(b) Statutory sexual seduction pursuant to NRS 200.368;
(c) Battery with intent to commit sexual assault pursuant to 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)] (g) Indecent or obscene exposure pursuant to NRS 201.220;
[(i)] (h) Lewdness with a child pursuant to NRS 201.230;
[(j)] (i) Sexual penetration of a dead human body pursuant to NRS 201.450;
[(k)] (j) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony;
[(l)] (k) An attempt to commit an offense listed in paragraphs (a) to [(k),] (j), inclusive;
[(m)] (l) An offense that is determined to be sexually motivated pursuant to NRS 175.547; or
[(n)] (m) An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this subsection.
Sec. 6. 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 sentencing court or the State Board of Parole Commissioners for release from lifetime supervision. The sentencing court or the Board shall grant a petition for release from a special sentence of lifetime supervision if:
(a) The person has complied with the requirements of the provisions of NRS 179D.010 to 179D.550, inclusive;
(b) 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 10 consecutive years after the persons last conviction or release from incarceration, whichever occurs later; and
(c) The person is not likely to pose a threat to the safety of others, as determined by a person professionally qualified to conduct psychosexual evaluations, 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 the person is otherwise relieved from the operation of those provisions pursuant to the provisions of NRS 179D.010 to 179D.550, inclusive.
5. As used in this section:
(a) Offense that poses a threat to the safety or well-being of others includes, without limitation:
κ2013 Statutes of Nevada, Page 1161 (CHAPTER 261, SB 388)κ
(1) An offense that involves:
(I) A victim less than 18 years of age;
(II) A crime against a child as defined in NRS 179D.0357;
(III) A sexual offense as defined in NRS 179D.097;
(IV) A deadly weapon, explosives or a firearm;
(V) The use or threatened use of force or violence;
(VI) Physical or mental abuse;
(VII) Death or bodily injury;
(VIII) An act of domestic violence;
(IX) Harassment, stalking, threats of any kind or other similar acts;
(X) The forcible or unlawful entry of a home, building, structure, vehicle or other real or personal property; or
(XI) The infliction or threatened infliction of damage or injury, in whole or in part, to real or personal property.
(2) Any offense listed in subparagraph (1) that is committed in this State or another jurisdiction, including, without limitation, an offense prosecuted in:
(I) A tribal court.
(II) A court of the United States or the Armed Forces of the United States.
(b) Person professionally qualified to conduct psychosexual evaluations has the meaning ascribed to it in NRS 176.133.
(c) 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 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. 7. NRS 176.133 is hereby amended to read as follows:
176.133 As used in NRS 176.133 to 176.161, 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;
(c) A social worker holding a masters degree in social work and licensed in this State as a clinical social worker;
(d) A registered nurse holding a masters degree in the field of psychiatric nursing and licensed to practice professional nursing in this State;
(e) A marriage and family therapist licensed in this State pursuant to chapter 641A of NRS; or
(f) A clinical professional counselor licensed in this State pursuant to chapter 641A of NRS.
κ2013 Statutes of Nevada, Page 1162 (CHAPTER 261, SB 388)κ
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;
(c) Battery with intent to commit sexual assault pursuant to 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)] (h) Indecent or obscene exposure pursuant to NRS 201.220, if punished as a felony;
[(j)] (i) Lewdness with a child pursuant to NRS 201.230;
[(k)] (j) Sexual penetration of a dead human body pursuant to NRS 201.450;
[(l)] (k) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony;
[(m)] (l) An attempt to commit an offense listed in paragraphs (a) to [(l),] (k), inclusive, if punished as a felony; or
[(n)] (m) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.
Sec. 8. 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:
κ2013 Statutes of Nevada, Page 1163 (CHAPTER 261, SB 388)κ
(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.
(c) Battery with intent to commit sexual assault pursuant to 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)] (h) Indecent or obscene exposure pursuant to NRS 201.220.
[(j)] (i) Sexual penetration of a dead human body pursuant to NRS 201.450.
[(k)] (j) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.
[(l)] (k) A violation of NRS 207.180.
[(m)] (l) An attempt to commit an offense listed in paragraphs (b) to [(l),] (k), inclusive.
[(n)] (m) Coercion or attempted coercion that is determined to be sexually motivated pursuant to NRS 207.193.
Sec. 9. NRS 178.5698 is hereby amended to read as follows:
178.5698 1. The prosecuting attorney, sheriff or chief of police shall, upon the request of a victim or witness, inform the victim or witness:
(a) When the defendant is released from custody at any time before or during the trial, including, without limitation, when the defendant is released pending trial or subject to electronic supervision;
(b) If the defendant is so released, the amount of bail required, if any; and
(c) Of the final disposition of the criminal case in which the victim or witness was directly involved.
2. A request for information pursuant to subsection 1 must be made:
(a) In writing; or
(b) By telephone through an automated or computerized system of notification, if such a system is available.
3. 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 5;
(2) The form that the witness must use to request notification in writing; 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 4, documentation that includes:
(1) A form advising the person of the right to be notified pursuant to subsection 5 or 6 and NRS 176.015, 176A.630, 178.4715, 209.392, 209.3925, 209.521, 213.010, 213.040, 213.095 and 213.131;
(2) The forms that the person must use to request notification; and
κ2013 Statutes of Nevada, Page 1164 (CHAPTER 261, SB 388)κ
(3) The forms or procedures that the person must use to provide a change of address after a request for notification has been submitted.
4. The following persons are entitled to receive documentation pursuant to paragraph (b) of subsection 3:
(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.
(c) If a person listed in paragraph (a) or (b) is under the age of 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.
5. Except as otherwise provided in subsection 6, 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 a current address, notify the victim or witness at that address when the offender is released from the prison.
6. 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 victims family related within the third degree of consanguinity, if the member of the victims family so requests in writing and provides a current address; and
(c) The victim, if the victim will be 18 years of age or older at the time of the release and has provided a current address,
Κ before the offender is released from prison.
7. The warden must not be held responsible for any injury proximately caused by the failure to give any notice required pursuant to this section if no address was provided to the warden or if the address provided is inaccurate or not current.
8. As used in this section:
(a) Immediate family means any adult relative of the victim living in the victims 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)] (7) Indecent or obscene exposure pursuant to NRS 201.220;
[(9)] (8) Lewdness with a child pursuant to NRS 201.230;
[(10)] (9) Sexual penetration of a dead human body pursuant to NRS 201.450;
κ2013 Statutes of Nevada, Page 1165 (CHAPTER 261, SB 388)κ
[(11)] (10) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony;
[(12)] (11) An offense that, pursuant to a specific statute, is determined to be sexually motivated; or
[(13)] (12) An attempt to commit an offense listed in this paragraph.
Sec. 10. NRS 179.245 is hereby amended to read as follows:
179.245 1. Except as otherwise provided in subsection 5 and NRS 176A.265, 176A.295, 179.259, 453.3365 and 458.330, a person may petition the court in which the person 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 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 release from actual custody or discharge from parole or probation, whichever occurs later;
(c) A category E felony after 7 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(d) Any gross misdemeanor after 7 years from the date of release from actual custody or discharge from probation, whichever occurs later;
(e) A violation of NRS 484C.110 or 484C.120 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 release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later; or
(f) Any other misdemeanor after 2 years from the date of release from actual custody or from the date when the person 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 petitioners 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
(c) Include information that, to the best knowledge and belief of 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 court, the prosecuting attorney for the county; or
(b) If the person was convicted in a municipal court, the prosecuting attorney for the city.
Κ 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 Criminal 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.
κ2013 Statutes of Nevada, Page 1166 (CHAPTER 261, SB 388)κ
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 Criminal 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.0357.
(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)] (11) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.
[(13)] (12) Lewdness with a child pursuant to NRS 201.230.
[(14)] (13) Sexual penetration of a dead human body pursuant to NRS 201.450.
[(15)] (14) Luring a child or a person with mental illness pursuant to NRS 201.560, if punishable as a felony.
κ2013 Statutes of Nevada, Page 1167 (CHAPTER 261, SB 388)κ
[(16)] (15) An attempt to commit an offense listed in [subparagraphs (1) to (15), inclusive.] this paragraph.
Sec. 11. 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;
(c) Use of a minor in producing pornography under 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)] (h) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.
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. 12. NRS 179D.097 is hereby amended to read as follows:
179D.097 1. Sexual offense means any of the following offenses:
(a) 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.
(b) Sexual assault pursuant to NRS 200.366.
(c) Statutory sexual seduction pursuant to NRS 200.368.
(d) Battery with intent to commit sexual assault pursuant to subsection 4 of NRS 200.400.
(e) 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.] subsection.
(f) 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.
(g) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.
(h) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(i) Incest pursuant to NRS 201.180.
(j) [Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.
(k)] Open or gross lewdness pursuant to NRS 201.210.
[(l)] (k) Indecent or obscene exposure pursuant to NRS 201.220.
[(m)] (l) Lewdness with a child pursuant to NRS 201.230.
[(n)] (m) Sexual penetration of a dead human body pursuant to NRS 201.450.
[(o)] (n) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.
κ2013 Statutes of Nevada, Page 1168 (CHAPTER 261, SB 388)κ
[(p)] (o) Any other offense that has an element involving a sexual act or sexual conduct with another.
[(q)] (p) An attempt or conspiracy to commit an offense listed in paragraphs (a) to [(p),] (o), inclusive.
[(r)] (q) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.
[(s)] (r) An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this [section.] subsection. This paragraph includes, without limitation, an offense prosecuted in:
(1) A tribal court.
(2) A court of the United States or the Armed Forces of the United States.
[(t)] (s) 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 paragraph includes, without limitation, an offense prosecuted in:
(1) A tribal court.
(2) A court of the United States or the Armed Forces of the United States.
(3) A court having jurisdiction over juveniles.
2. The term does not include an offense involving consensual sexual conduct if the victim was:
(a) An adult, unless the adult was under the custodial authority of the offender at the time of the offense; or
(b) At least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense.
Sec. 13. NRS 179D.495 is hereby amended to read as follows:
179D.495 If a person who is required to register pursuant to NRS 179D.010 to 179D.550, inclusive, has been convicted of an offense described in paragraph [(p)] (o) of subsection 1 of NRS 179D.097, paragraph (e) of subsection 1 or subsection 3 of NRS 179D.115 or subsection 7 or 9 of NRS 179D.117, the Central Repository shall determine whether the person is required to register as a Tier I offender, Tier II offender or Tier III offender.
Sec. 14. NRS 209.385 is hereby amended to read as follows:
209.385 1. Each offender committed to the custody of the Department for imprisonment shall submit to such initial tests as the Director determines appropriate to detect exposure to the human immunodeficiency virus. Each such test must be approved by regulation of the State Board of Health. At the time the offender is committed to custody and after an incident involving the offender:
(a) The appropriate approved tests must be administered; and
(b) The offender must receive counseling regarding the virus.
2. If the results of an initial test are positive, the offender shall submit to such supplemental tests as the Director determines appropriate. Each such test must be approved for the purpose by regulation of the State Board of Health.
3. If the results of a supplemental test are positive, the name of the offender must be disclosed to:
κ2013 Statutes of Nevada, Page 1169 (CHAPTER 261, SB 388)κ
(a) The Director;
(b) The administrative officers of the Department who are responsible for the classification and medical treatment of offenders;
(c) The manager or warden of the facility or institution at which the offender is confined; and
(d) Each other employee of the Department whose normal duties involve the employee with the offender or require the employee to come into contact with the blood or bodily fluids of the offender.
4. The offender must be segregated from every other offender whose test results are negative if:
(a) The results of a supplemental test are positive; and
(b) The offender engages in behavior that increases the risk of transmitting the virus, such as battery, [the infamous crime against nature,] sexual [intercourse in its ordinary meaning] activity or illegal intravenous injection of a controlled substance or a dangerous drug as defined in chapter 454 of NRS.
5. The Director, with the approval of the Board:
(a) Shall establish for inmates and employees of the Department an educational program regarding the virus whose curriculum is provided by the Health Division of the Department of Health and Human Services. A person who provides instruction for this program must be certified to do so by the Health Division.
(b) May adopt such regulations as are necessary to carry out the provisions of this section.
6. As used in this section [:
(a) Incident] , incident means an occurrence, of a kind specified by regulation of the State Board of Health, that entails a significant risk of exposure to the human immunodeficiency virus.
[(b) Infamous crime against nature means anal intercourse, cunnilingus or fellatio between natural persons of the same sex.]
Sec. 15. NRS 212.187 is hereby amended to read as follows:
212.187 1. A prisoner who is in lawful custody or confinement, other than in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888 or residential confinement, and who voluntarily engages in sexual conduct with another person is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. A person who voluntarily engages in sexual conduct with a prisoner who is in lawful custody or confinement, other than in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888 or residential confinement, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. As used in this section, sexual conduct:
(a) Includes acts of masturbation, [homosexuality,] sexual [intercourse] penetration or physical contact with another persons clothed or unclothed genitals or pubic area to arouse, appeal to or gratify the sexual desires of a person.
(b) Does not include acts of a person who has custody of a prisoner or an employee of the institution in which the prisoner is confined that are performed to carry out the necessary duties of such a person or employee.
κ2013 Statutes of Nevada, Page 1170 (CHAPTER 261, SB 388)κ
Sec. 16. 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 or her 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 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
(c) 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.
7. Standards means the objective standards for granting or revoking parole or probation which are adopted by the Board or the Chief.
Sec. 17. NRS 213.1214 is hereby amended to read as follows:
213.1214 1. The Board shall not grant parole to or continue the parole of a prisoner who has served, is serving or has yet to serve a sentence on his or her current term of imprisonment for having been convicted of an offense listed in subsection 8 unless a panel consisting of:
(a) The Administrator of the Division of Mental Health and Developmental Services of the Department of Health and Human Services or his or her designee;
(b) The Director of the Department of Corrections or his or her designee; and
(c) A psychologist licensed to practice in this State or a psychiatrist licensed to practice medicine in this State,
Κ evaluates the prisoner, within 120 days before a hearing to consider granting or continuing his or her parole, using a currently accepted standard of assessment to determine the prisoners likelihood to reoffend in a sexual manner. The panel shall provide a report of its evaluation to the Board before the hearing.
2. The Board may require the panel to conduct an evaluation of a prisoner who is a sex offender if an evaluation may assist the Board in determining whether parole should be granted or continued. The panel shall provide a report of its evaluation to the Board before the hearing to consider granting or continuing the prisoners parole.
3. This section does not create a right in any prisoner to be evaluated or reevaluated more frequently than the prisoners regularly scheduled parole hearings or under a current or previous standard of assessment and does not restrict the panel from conducting additional evaluations of a prisoner if such evaluations may assist the Board in determining whether parole should be granted or continued.
κ2013 Statutes of Nevada, Page 1171 (CHAPTER 261, SB 388)κ
granted or continued. No cause of action may be brought against the State, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the State or its political subdivisions for evaluating, not evaluating or considering or relying on an evaluation of a prisoner, if such decisions or actions are made or conducted in compliance with the procedures set forth in this section.
4. The panel shall adopt regulations pertaining to the evaluation of prisoners subject to the provisions of this section to determine a prisoners risk to reoffend in a sexual manner. The regulations must be adopted in accordance with the provisions of chapter 233B of NRS and must be codified in the Nevada Administrative Code.
5. The regulations adopted pursuant to subsection 4 must require that:
(a) The evaluation be based on currently accepted standards of assessment designed to determine the risk of an offender to reoffend in a sexual manner;
(b) The report of the evaluation contain a statement rating the prisoner as a low, moderate or high risk to reoffend in a sexual manner; and
(c) If the report of the evaluation varies from the standard of assessment, the panel include a written statement of any mitigating or aggravating factors which justified such deviation.
6. The panel shall:
(a) Review the standards of assessment and procedures adopted by regulation at least once every 3 years; and
(b) Make a finding regarding the validity of the use of any standard of assessment.
7. If the panel finds that a standard of assessment is ineffective, or another standard of assessment is more effective, in predicting whether a prisoner may reoffend in a sexual manner, the panel may discontinue the use of the current standard of assessment and adopt a new standard of assessment that is determined to be more effective.
8. 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.
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(d) Abuse or neglect 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.
(h)] Open or gross lewdness pursuant to NRS 201.210.
[(i)] (h) Indecent or obscene exposure pursuant to NRS 201.220.
[(j)] (i) Lewdness with a child pursuant to NRS 201.230.
[(k)] (j) Sexual penetration of a dead human body pursuant to NRS 201.450.
[(l)] (k) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.
[(m)] (l) An attempt to commit an offense listed in paragraphs (a) to [(l),] (k), inclusive.
κ2013 Statutes of Nevada, Page 1172 (CHAPTER 261, SB 388)κ
[(n)] (m) An offense that is determined to be sexually motivated pursuant to NRS 175.547.
[(o)] (n) Coercion or attempted coercion that is determined to be sexually motivated pursuant to NRS 207.193.
9. The Board may adopt by regulation the manner in which the Board will consider an evaluation prepared pursuant to this section in conjunction with the standards adopted by the Board pursuant to NRS 213.10885.
10. Meetings of a panel pursuant to this section must be conducted in accordance with the provisions of chapter 241 of NRS.
11. As used in this section:
(a) Current term of imprisonment means one or more sentences being served concurrently or consecutively with the sentence first imposed.
(b) Reoffend in a sexual manner means to commit any offense listed in subsection 8.
(c) Sex offender means a person who, after July 1, 1956, is or has been:
(1) Convicted of a sexual offense; or
(2) Adjudicated delinquent or found guilty by a court having jurisdiction over juveniles of a sexual offense listed in subparagraph [19] (18) of paragraph (d).
Κ The term includes, but is not limited to, a sexually violent predator or a nonresident sex offender who is a student or worker within this State.
(d) 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 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.
[(12)] (11) Indecent or obscene exposure pursuant to NRS 201.220.
[(13)] (12) Lewdness with a child pursuant to NRS 201.230.
[(14)] (13) Sexual penetration of a dead human body pursuant to NRS 201.450.
[(15)] (14) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.
κ2013 Statutes of Nevada, Page 1173 (CHAPTER 261, SB 388)κ
[(16)] (15) An attempt or conspiracy to commit an offense listed in subparagraphs (1) to [(15),] (14), inclusive.
[(17)] (16) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.
[(18)] (17) An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this paragraph. This subparagraph includes, but is not limited to, an offense prosecuted in:
(I) A tribal court.
(II) A court of the United States or the Armed Forces of the United States.
[(19)] (18) An offense of a sexual nature committed in another jurisdiction, whether or not the offense would be an offense listed in this paragraph, 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 subparagraph includes, but is not limited to, an offense prosecuted in:
(I) A tribal court.
(II) A court of the United States or the Armed Forces of the United States.
(III) A court having jurisdiction over juveniles.
Κ The term does not include an offense involving consensual sexual conduct if the victim was an adult, unless the adult was under the custodial authority of the offender at the time of the offense, or if the victim was at least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense.
Sec. 18. NRS 213.1255 is hereby amended to read as follows:
213.1255 1. Except as otherwise provided in subsection 4, 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 6 against a child under the age of 14 years and who is a Tier 3 offender, the Board shall require that the parolee:
(a) Reside at a location only if the residence is not located within 1,000 feet of any place, or if the place is a structure, within 1,000 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater.
(b) As deemed appropriate by the Chief, be placed under a system of active electronic monitoring that is capable of identifying his or her location and producing, upon request, reports or records of his or her presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location.
(c) Pay any costs associated with his or her participation under the system of active electronic monitoring, to the extent of his or her ability to pay.
2. A parolee placed under the system of active electronic monitoring pursuant to subsection 1 shall:
(a) Follow the instructions provided by the Division to maintain the electronic monitoring device in working order.
κ2013 Statutes of Nevada, Page 1174 (CHAPTER 261, SB 388)κ
(b) Report any incidental damage or defacement of the electronic monitoring device to the Division within 2 hours after the occurrence of the damage or defacement.
(c) Abide by any other conditions set forth by the Division with regard to his or her participation under the system of active electronic monitoring.
3. Except as otherwise provided in this subsection, a person who intentionally removes or disables or attempts to remove or disable an electronic monitoring device placed on a parolee pursuant to this section is guilty of a gross misdemeanor. The provisions of this subsection do not prohibit a person authorized by the Division from performing maintenance or repairs to an electronic monitoring device.
4. The Board is not required to impose a condition of parole listed in subsection 1 if the Board finds that extraordinary circumstances are present and the Board states those extraordinary circumstances in writing.
5. In addition to any conditions of parole required to be imposed pursuant to subsection 1 and NRS 213.1245, as a condition of releasing on parole a prisoner who was convicted of committing an offense listed in subsection 6 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.
6. The provisions of subsections 1 and 5 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;
(c) An offense punishable pursuant to subsection 2 of 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)] (e) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony; or
[(g)] (f) Any combination of the crimes listed in [paragraphs (a) to (f) inclusive.] this subsection.
Sec. 19. NRS 412.562 is hereby amended to read as follows:
412.562 Though not specifically mentioned in this Code, all disorders and neglects to the prejudice of good order and discipline in the Nevada National Guard of which persons subject to this Code may be guilty must be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court. However, cognizance may not be taken and jurisdiction may not be extended to the crimes of murder, manslaughter, sexual assault, larceny and wrongful appropriation for value of $100 and over, robbery, mayhem, arson, extortion, assault, burglary [,] or invasion of the home , [or the infamous crime against nature,] jurisdiction of which is reserved to civil courts, except as otherwise provided in NRS 412.322.
Sec. 20. NRS 201.195 is hereby repealed.
________
κ2013 Statutes of Nevada, Page 1175κ
Senate Bill No. 392Senator Segerblom
CHAPTER 262
[Approved: May 29, 2013]
AN ACT relating to education; requiring information concerning certain gifts or bequests of money or property to be reported by the State Board of Education and the board of trustees of each school district; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the State Board of Education is authorized to accept gifts of money for deposit in the Education Gift Fund and the board of trustees of each school district is authorized to accept gifts and bequests of money and property for purposes deemed suitable by the board of trustees. (NRS 385.095, 386.390) This bill requires the State Board and the board of trustees of each school district to prepare reports relating to such gifts and bequests, including information relating to the donors thereof, and to include the reports on the agenda of the next regular meeting of the State Board or board of trustees, as applicable, for review of the transactions involving a gift or bequest that have taken place since the previous meeting. This bill also provides an exemption from the reporting requirement for any gift or bequest: (1) of less than $100,000, unless the cumulative total by the same donor within a 12-month period is equal to or more than $100,000; or (2) that is intended for a public broadcasting service.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 1.3. NRS 385.095 is hereby amended to read as follows:
385.095 Except as otherwise provided in NRS 385.091:
1. All gifts of money which the State Board is authorized to accept must be deposited in a special revenue fund in the State Treasury designated as the Education Gift Fund [.] and reported pursuant to subsection 4.
2. The money available in the Education Gift Fund must be used only for the purpose specified by the donor, within the scope of the State Boards powers and duties, and no expenditure may be made until approved by the Legislature in an authorized expenditure act or by the Interim Finance Committee if the Legislature is not in session.
3. If all or part of the money accepted by the State Board from a donor is not expended before the end of any fiscal year, the remaining balance of the amount donated must remain in the Education Gift Fund until needed for the purpose specified by the donor.
4. Except as otherwise provided in subsection 5, the State Board shall record each gift of money deposited in the Education Gift Fund pursuant to this section and prepare a report which includes, for each such gift:
(a) The amount of the gift;
(b) Except as otherwise provided in subsection 6, the name of the donor of the gift;
(c) Any instructions provided by the donor concerning the use of the gift; and
κ2013 Statutes of Nevada, Page 1176 (CHAPTER 262, SB 392)κ
(d) Information concerning any connection between the donor and the State Board or the administration of the system of public education in this State, including, without limitation:
(1) Any contract between the donor and the State Board;
(2) Any contract between the donor and the State Public Charter School Authority;
(3) Any bid by the donor for a contract with the State Board;
(4) Any bid by the donor for a contract with the State Public Charter School Authority;
(5) If the donor is a lobbyist as defined in NRS 218H.080, a statement of whether the donor lobbies on issues of interest to the State Board or relating to the system of public education in this State; and
(6) Any service by the donor on a committee to form a charter school created pursuant to NRS 386.520.
5. This section does not apply to any gift of money:
(a) In an amount less than $100,000, unless the cumulative total by the same donor within a 12-month period is equal to or more than $100,000; or
(b) That is intended for a public broadcasting service.
6. A donor may remain anonymous for purposes of the report prepared pursuant to subsection 4, unless the donor is required to provide information pursuant to paragraph (d) of subsection 4.
7. The State Board may submit a form to each donor that requires the donor to provide the information required for inclusion in the report prepared pursuant to subsection 4. If the State Board uses such a form, the State Board may rely upon the information provided by the donor on the form for purposes of the report required of the State Board pursuant to subsection 4 and the State Board is not otherwise required to verify the contents of the information provided by the donor on the form.
8. The State Board shall include the report prepared pursuant to subsection 4 on the agenda of the next regular meeting of the State Board held pursuant to NRS 385.040 and review all transactions involving a gift listed on the report that have taken place since the previous meeting of the State Board.
9. On or before February 1 of each year, the State Board shall transmit each report prepared pursuant to subsection 4 in the immediately preceding year:
(a) In odd-numbered years, to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature; and
(b) In even-numbered years, to the Legislative Committee on Education.
Sec. 1.7. NRS 386.390 is hereby amended to read as follows:
386.390 1. Each board of trustees shall have the power to accept on behalf of and for the school district any gift or bequest of money or property for a purpose deemed by the board of trustees to be suitable, and to utilize such money or property for the purpose so designated.
2. Except as otherwise provided in subsection 3, the board of trustees of each school district shall record each gift or bequest accepted pursuant to this section and prepare a report which includes, for each such gift or bequest:
(a) The amount of the gift or bequest of money or the fair market value of the bequest of property, as applicable;
κ2013 Statutes of Nevada, Page 1177 (CHAPTER 262, SB 392)κ
(b) Except as otherwise provided in subsection 4, the name of the donor of the gift or bequest;
(c) Any instructions provided by the donor concerning the use of the gift or bequest; and
(d) Information concerning any connection between the donor and the board of trustees or any person responsible for the administration of the system of public education in this State, including, without limitation:
(1) Any contract between the donor and the board of trustees;
(2) Any bid by the donor for a contract with the board of trustees;
(3) If the donor is a lobbyist as defined in NRS 218H.080, a statement of whether the donor lobbies on issues of interest to the board of trustees or relating to the system of public education in this State; and
(4) Any service by the donor on a committee to form a charter school created pursuant to NRS 386.520.
3. This section does not apply to any gift or bequest:
(a) In an amount less than $100,000, unless the cumulative total by the same donor within a 12-month period is equal to or more than $100,000; or
(b) That is intended for a public broadcasting service.
4. A donor may remain anonymous for purposes of the report prepared pursuant to subsection 2, unless the donor is required to provide information pursuant to paragraph (d) of subsection 2.
5. The board of trustees of a school district may submit a form to each donor that requires the donor to provide the information required for inclusion in the report prepared pursuant to subsection 2. If the board of trustees uses such a form, the board of trustees may rely upon the information provided by the donor on the form for purposes of the report required of the school district pursuant to subsection 2 and the board of trustees is not otherwise required to verify the contents of the information provided by the donor on the form.
6. The board of trustees of each school district shall include the report prepared pursuant to subsection 2 on the agenda of the next regular meeting of the board of trustees held pursuant to NRS 386.330 and review all transactions involving a gift or bequest listed on the report that have taken place since the previous meeting of the board of trustees.
7. On or before February 1 of each year, the board of trustees of each school district shall transmit each report prepared pursuant to subsection 2 in the immediately preceding year:
(a) In odd-numbered years, to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature; and
(b) In even-numbered years, to the Legislative Committee on Education.
Secs. 2 and 2.5. (Deleted by amendment.)
Sec. 3. This act becomes effective on July 1, 2013.
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κ2013 Statutes of Nevada, Page 1178κ
Senate Bill No. 393Senator Smith
CHAPTER 263
[Approved: May 29, 2013]
AN ACT relating to elections; revising provisions governing the procedure for filling a vacancy in a major political party nomination; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, if a vacancy occurs in a major political party nomination for a partisan office before 5 p.m. on the fourth Friday in June of an election year, the vacancy may be filled by a candidate designated by the party central committee of the county or the State, as the case may be, of the major political party. (NRS 293.165) If a vacancy occurs before that time and date in a party nomination for the office of a state legislator from a legislative district comprising more than one county, the county commissioners of those counties must appoint a candidate to fill the vacancy based on a specified procedure. (NRS 293.166)
This bill provides that the procedures in NRS 293.165 and 296.166 for filling a vacancy in a nomination that occurs after the primary election and before 5 p.m. on the fourth Friday in June of an election year apply only if the vacancy occurs because the nominee dies or is adjudicated insane or mentally incompetent. If the vacancy occurs for any other reason, the nominees name must remain on the ballot for the general election and, if elected, a vacancy in the office exists, to be filled in the manner provided by law for filling that vacancy.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.165 is hereby amended to read as follows:
293.165 1. Except as otherwise provided in NRS 293.166, a vacancy occurring in a major or minor political party nomination for a partisan office may be filled by a candidate designated by the party central committee of the county or State, as the case may be, of the major political party or by the executive committee of the minor political party subject to the provisions of subsections 4 [and 5.] , 5 and 6.
2. A vacancy occurring in a nonpartisan nomination after the close of filing and on or before 5 p.m. of the second Tuesday in April must be filled by filing a nominating petition that is signed by registered voters of the State, county, district or municipality who may vote for the office in question. The number of registered voters who sign the petition must not be less than 1 percent of the number of persons who voted for the office in question in the State, county, district or municipality at the last preceding general election. The petition must be filed not earlier than the first Tuesday in March and not later than the fourth Tuesday in April. The petition may consist of more than one document. Each document must bear the name of one county and must be signed only by a person who is a registered voter of that county and who may vote for the office in question. Each document of the petition must be submitted for verification pursuant to NRS 293.1276 to 293.1279, inclusive, to the county clerk of the county named on the document. A candidate nominated pursuant to the provisions of this subsection:
κ2013 Statutes of Nevada, Page 1179 (CHAPTER 263, SB 393)κ
(a) Must file a declaration of candidacy or acceptance of candidacy and pay the statutory filing fee on or before the date the petition is filed; and
(b) May be elected only at a general election, and the candidates name must not appear on the ballot for a primary election.
3. A vacancy occurring in a nonpartisan nomination after 5 p.m. of the second Tuesday in April and on or before 5 p.m. on the fourth Friday in June of the year in which the general election is held must be filled by the person who receives the next highest vote for the nomination in the primary.
4. If a vacancy occurs in a major political party nomination for a partisan office after the primary election and before 5 p.m. on the fourth Friday in June of the year in which the general election is held and:
(a) The vacancy occurs because the nominee dies or is adjudicated insane or mentally incompetent, the vacancy may be filled by a candidate designated by the party central committee of the county or State, as the case may be, of the major political party.
(b) The vacancy occurs for a reason other than the reasons described in paragraph (a), the nominees name must remain on the ballot for the general election and, if elected, a vacancy exists.
5. No change may be made on the ballot for the general election after 5 p.m. on the fourth Friday in June of the year in which the general election is held. If a nominee dies or is adjudicated insane or mentally incompetent after that time and date, the nominees name must remain on the ballot for the general election and, if elected, a vacancy exists.
[5.] 6. All designations provided for in this section must be filed on or before 5 p.m. on the fourth Friday in June of the year in which the general election is held. In each case, the statutory filing fee must be paid and an acceptance of the designation must be filed on or before 5 p.m. on the date the designation is filed.
Sec. 2. NRS 293.166 is hereby amended to read as follows:
293.166 1. A vacancy occurring in a party nomination for the office of State Senator, Assemblyman or Assemblywoman from a legislative district comprising more than one county may be filled as follows, subject to the provisions of subsections 2 [and 3.] , 3 and 4. The county commissioners of each county, all or part of which is included within the legislative district, shall meet to appoint a person who is of the same political party as the former nominee and who actually, as opposed to constructively, resides in the district to fill the vacancy, with the chair of the board of county commissioners of the county whose population residing within the district is the greatest presiding. Each board of county commissioners shall first meet separately and determine the single candidate it will nominate to fill the vacancy. Then, the boards shall meet jointly and the chairs on behalf of the boards shall cast a proportionate number of votes according to the percent, rounded to the nearest whole percent, which the population of its county is of the population of the entire district. Populations must be determined by the last decennial census or special census conducted by the Bureau of the Census of the United States Department of Commerce. The person who receives a plurality of these votes is appointed to fill the vacancy. If no person receives a plurality of the votes, the boards of county commissioners of the respective counties shall each as a group select one candidate, and the nominee must be chosen by drawing lots among the persons so selected.
κ2013 Statutes of Nevada, Page 1180 (CHAPTER 263, SB 393)κ
2. If a vacancy occurs in a party nomination for the office of State Senator, Assemblyman or Assemblywoman from a legislative district comprising more than one county after the primary election and before 5 p.m. on the fourth Friday in June of the year in which the general election is held and:
(a) The vacancy occurs because the nominee dies or is adjudicated insane or mentally incompetent, the vacancy may be filled pursuant to the provisions of subsection 1.
(b) The vacancy occurs for a reason other than the reasons described in paragraph (a), the nominees name must remain on the ballot for the general election and, if elected, a vacancy exists.
3. No change may be made on the ballot after the fourth Friday in June of the year in which the general election is held. If a nominee dies or is adjudicated insane or mentally incompetent after that date, the nominees name must remain on the ballot and, if elected, a vacancy exists.
[3.] 4. The designation of a nominee pursuant to this section must be filed with the Secretary of State on or before 5 p.m. on the fourth Friday in June of the year in which the general election is held, and the statutory filing fee must be paid with the designation.
Sec. 3. NRS 293C.115 is hereby amended to read as follows:
293C.115 1. The governing body of a city incorporated pursuant to general law may by ordinance provide for a primary city election and a general city election on:
(a) The dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS; or
(b) The dates set forth for primary city elections and general city elections pursuant to the provisions of this chapter.
2. If a governing body of a city adopts an ordinance pursuant to paragraph (a) of subsection 1, the dates set forth in NRS 293.12755, in subsections 2 to [5,] 6, inclusive, of NRS 293.165, and in NRS 293.175, 293.177, 293.345 and 293.368 apply for purposes of conducting the primary city elections and general city elections of the city.
3. If a governing body of a city adopts an ordinance pursuant to subsection 1:
(a) The term of office of any elected city official may not be shortened as a result of the ordinance; and
(b) Each elected city official holds office until the end of his or her term and until his or her successor has been elected and qualified.
Sec. 4. Section 96 of the Charter of Boulder City is hereby amended to read as follows:
Section 96. Conduct of municipal elections.
1. All municipal elections must be nonpartisan in character and must be conducted in accordance with the provisions of the general election laws of the State of Nevada and any ordinance regulations as adopted by the City Council which are consistent with law and this Charter. (1959 Charter)
2. All full terms of office in the City Council are 4 years, and Council Members must be elected at large without regard to precinct residency. Except as otherwise provided in subsection 8, two full-term Council Members and the Mayor are to be elected in each year immediately preceding a federal presidential election, and two full-term Council Members are to be elected in each year immediately following a federal presidential election.
κ2013 Statutes of Nevada, Page 1181 (CHAPTER 263, SB 393)κ
following a federal presidential election. In each election, the candidates receiving the greatest number of votes must be declared elected to the vacant full-term positions. (Add. 17; Amd. 1; 11-5-1996)
3. In the event one or more 2-year term positions on the Council will be available at the time of a municipal election as provided in section 12, candidates must file specifically for such position(s). Candidates receiving the greatest respective number of votes must be declared elected to the respective available 2-year positions. (Add. 15; Amd. 2; 6-4-1991)
4. Except as otherwise provided in subsection 8, a primary municipal election must be held on the first Tuesday after the first Monday in April of each odd-numbered year and a general municipal election must be held on the first Tuesday after the first Monday in June of each odd-numbered year.
5. A primary municipal election must not be held if no more than double the number of Council Members to be elected file as candidates. A primary municipal election must not be held for the office of Mayor if no more than two candidates file for that position. The primary municipal election must be held for the purpose of eliminating candidates in excess of a figure double the number of Council Members to be elected. (Add. 17; Amd. 1; 11-5-1996)
6. If, in the primary municipal election, a candidate receives votes equal to a majority of voters casting ballots in that election, he or she shall be considered elected to one of the vacancies and his or her name shall not be placed on the ballot for the general municipal election. (Add. 10; Amd. 7; 6-2-1981)
7. In each primary and general municipal election, voters are entitled to cast ballots for candidates in a number equal to the number of seats to be filled in the municipal elections. (Add. 11; Amd. 5; 6-7-1983)
8. The City Council may by ordinance provide for a primary municipal election and general municipal election on the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.
9. If the City Council adopts an ordinance pursuant to subsection 8, the dates set forth in NRS 293.12755, in subsections 2 to [5,] 6, inclusive, of NRS 293.165 and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the primary municipal elections and general municipal elections.
10. If the City Council adopts an ordinance pursuant to subsection 8, the ordinance must not affect the term of office of any elected official of the City serving in office on the effective date of the ordinance. The next succeeding term for that office may be shortened but may not be lengthened as a result of the ordinance.
11. The conduct of all municipal elections must be under the control of the City Council, which shall adopt by ordinance all regulations which it considers desirable and consistent with law and this Charter. Nothing in this Charter shall be construed as to deny or abridge the power of the City Council to provide for supplemental regulations for the prevention of fraud in such elections and for the recount of ballots in cases of doubt or fraud.
κ2013 Statutes of Nevada, Page 1182 (CHAPTER 263, SB 393)κ
regulations for the prevention of fraud in such elections and for the recount of ballots in cases of doubt or fraud. (Add. 24; Amd. 1; 6-3-2003)
Sec. 5. Section 5.010 of the Charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, as last amended by chapter 218, Statutes of Nevada 2011, at page 954, is hereby amended to read as follows:
Sec. 5.010 Municipal elections.
1. Except as otherwise provided in subsection 2:
(a) On the first Tuesday after the first Monday in June 1973, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Mayor and one Council Member who shall hold office for a period of 4 years and until their successors have been elected and qualified.
(b) On the first Tuesday after the first Monday in June 1975, and at each successive interval of 4 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, two Council Members who shall hold office for a period of 4 years and until their successors have been elected and qualified.
(c) On the first Tuesday after the first Monday in June 1975, there shall be elected by the qualified voters of the City at a general municipal election to be held for that purpose one Council Member who shall hold office for a period of 2 years and until his or her successor has been elected and qualified.
(d) On the first Tuesday after the first Monday in June 1977, and at each successive interval of 4 years, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Mayor and two Council Members, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
2. The City Council may by ordinance provide for a primary municipal election and general municipal election on the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.
3. If the City Council adopts an ordinance pursuant to subsection 2, the dates set forth in NRS 293.12755, in subsections 2 to [5,] 6, inclusive, of NRS 293.165 and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the primary municipal elections and general municipal elections.
4. If the City Council adopts an ordinance pursuant to subsection 2, the term of office of any elected official may be shortened but may not be lengthened as a result of the ordinance.
Sec. 6. Section 5.020 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 218, Statutes of Nevada 2011, at page 957, is hereby amended to read as follows:
Sec. 5.020 General municipal election.
1. Except as otherwise provided in subsection 2:
(a) A general municipal election must be held in the City on the first Tuesday after the first Monday in June of each odd-numbered year and on the same day every 2 years thereafter, at which time the registered voters of the City shall elect city officers to fill the available elective positions.
κ2013 Statutes of Nevada, Page 1183 (CHAPTER 263, SB 393)κ
year and on the same day every 2 years thereafter, at which time the registered voters of the City shall elect city officers to fill the available elective positions.
(b) All candidates for the office of Mayor, Council Member and Municipal Judge must be voted upon by the registered voters of the City at large. The term of office for members of the City Council and the Mayor is 4 years. Except as otherwise provided in subsection 3 of section 4.015, the term of office for a Municipal Judge is 6 years.
(c) On the Tuesday after the first Monday in June 2001, and every 6 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Municipal Judge for Department 1 who will hold office until his or her successor has been elected and qualified.
(d) On the Tuesday after the first Monday in June 2003 and every 6 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Municipal Judge for Department 2 who will hold office until his or her successor has been elected and qualified.
(e) On the Tuesday after the first Monday in June 2005, and every 6 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Municipal Judge for Department 3 who will hold office until his or her successor has been elected and qualified.
2. The City Council may by ordinance provide for a primary municipal election and general municipal election on the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.
3. If the City Council adopts an ordinance pursuant to subsection 2, the dates set forth in NRS 293.12755, in subsections 2 to [5,] 6, inclusive, of NRS 293.165 and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the primary municipal elections and general municipal elections.
4. If the City Council adopts an ordinance pursuant to subsection 2, the ordinance must not affect the term of office of any elected official of the City serving in office on the effective date of the ordinance. The next succeeding term for that office may be shortened but may not be lengthened as a result of the ordinance.
Sec. 7. Section 5.020 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 218, Statutes of Nevada 2011, at page 960, is hereby amended to read as follows:
Sec. 5.020 General municipal election.
1. Except as otherwise provided in subsection 2, a general municipal election must be held in the City on the Tuesday after the first Monday in June of each odd-numbered year and on the same day every 2 years thereafter, at which time there must be elected those officers whose offices are required to be filled by election in that year.
2. The City Council may by ordinance provide for a primary municipal election and general municipal election on the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.
κ2013 Statutes of Nevada, Page 1184 (CHAPTER 263, SB 393)κ
3. If the City Council adopts an ordinance pursuant to subsection 2, the dates set forth in NRS 293.12755, in subsections 2 to [5,] 6, inclusive, of NRS 293.165 and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the primary municipal elections and general municipal elections.
4. If the City Council adopts an ordinance pursuant to subsection 2, the ordinance must not affect the term of office of any elected official of the City serving in office on the effective date of the ordinance. The next succeeding term for that office may be shortened but may not be lengthened as a result of the ordinance.
5. All candidates for elective office, except the office of Council Member, must be voted upon by the registered voters of the City at large.
Sec. 8. Section 5.025 of the Charter of the City of North Las Vegas, being chapter 218, Statutes of Nevada 2011, at page 961, is hereby amended to read as follows:
Sec. 5.025 City Council authorized to provide for primary and general municipal elections in even-numbered years.
1. The City Council may by ordinance provide for a primary municipal election and general municipal election on the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.
2. If the City Council adopts an ordinance pursuant to subsection 1, the dates set forth in NRS 293.12755, in subsections 2 to [5,] 6, inclusive, of NRS 293.165 and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the primary municipal elections and general municipal elections.
3. If the City Council adopts an ordinance pursuant to subsection 1, the ordinance must not affect the term of office of any elected official of the City serving in office on the effective date of the ordinance. The next succeeding term for that office may be shortened but may not be lengthened as a result of the ordinance.
Sec. 9. Section 5.010 of the Charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, as amended by chapter 218, Statutes of Nevada 2011, at page 964, is hereby amended to read as follows:
Sec. 5.010 Municipal elections.
1. Except as otherwise provided in subsection 2:
(a) On the first Tuesday after the first Monday in June 1975, and at each successive interval of 4 years, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Mayor and two Council Members, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
(b) On the first Tuesday after the first Monday in June 1977, and at each successive interval of 4 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, two Council Members, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
2. The City Council may by ordinance provide for a primary municipal election and general municipal election on the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.
κ2013 Statutes of Nevada, Page 1185 (CHAPTER 263, SB 393)κ
set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.
3. If the City Council adopts an ordinance pursuant to subsection 2, the dates set forth in NRS 293.12755, in subsections 2 to [5,] 6, inclusive, of NRS 293.165 and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the primary municipal elections and general municipal elections.
4. If the City Council adopts an ordinance pursuant to subsection 2, the term of office of any elected official may be shortened but may not be lengthened as a result of the ordinance.
________
Senate Bill No. 419Committee on Judiciary
CHAPTER 264
[Approved: May 29, 2013]
AN ACT relating to marriage; authorizing a notary public to perform a marriage in certain circumstances; establishing a fee to apply for certain authorization to perform marriages and for a certificate of permission to perform marriages; increasing the fee for marriages performed by the commissioner of civil marriages, his or her deputy of commissioner of civil marriages and justices of the peace; revising various provisions governing the performance of marriages; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes: (1) licensed, ordained or appointed ministers or certain other church officials who have been authorized to solemnize a marriage according to the usages of that church or religious organization to perform a marriage in this State after obtaining a certificate of permission to perform marriages from a county clerk; (2) a temporary replacement for a licensed, ordained or appointed minister or other church official to perform marriages after receiving a written authorization from the minister or other church official and the county clerk; and (3) certain ministers or other church officials to perform not more than five marriages per year in the county upon receiving a separate written authorization from the county clerk for each marriage performed. (NRS 122.062) Section 4 of this bill authorizes certain notaries public to perform a marriage after obtaining a certificate of permission to perform marriages from a county clerk. Section 4 further requires: (1) a temporary replacement to pay to the county clerk in the county in which he or she will perform marriages an application fee of $25; and (2) a person applying for authorization to perform a specific marriage to pay to the county clerk in the county in which the marriage will be performed an application fee of $25. Section 5 of this bill sets forth the requirements for an application for a certificate of permission to perform marriages if the applicant is a notary public. Section 5 also requires all applicants for a certificate of permission to pay to the county clerk an application fee of $25. Section 6 of this bill: (1) provides for the inclusion of notaries public who obtain a certificate of permission to perform marriages in the statewide database of certain persons authorized to perform marriages which is maintained by the Secretary of State under existing law; and (2) provides for the expiration and revocation of the certificate of permission to perform marriages issued to a notary public.
κ2013 Statutes of Nevada, Page 1186 (CHAPTER 264, SB 419)κ
Existing law provides for the performance of marriages by commissioners of civil marriage in certain counties. (NRS 122.173-122.193) Section 13 of this bill increases from $45 to $70 the fee charged by the commissioner of civil marriages or a deputy commissioner for the solemnization of a marriage.
Section 16 of this bill increases from $50 to $75 the fee which a justice of the peace shall charge for performing a marriage.
Section 17 of this bill authorizes a notary public to collect a fee of not more than $75 for performing a marriage ceremony.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 122.006 is hereby amended to read as follows:
122.006 Other [person] church or religious official authorized to solemnize a marriage means a person of any church or religious organization, other than a minister, who has been authorized to solemnize a marriage according to the usages of that church or religious organization.
Sec. 2. NRS 122.030 is hereby amended to read as follows:
122.030 1. With respect to any marriage solemnized before January 1, 1971, the original certificate and records of marriage made by the judge, justice or minister, as prescribed in this chapter, and the record thereof by the recorder of the county, or a copy or abstract of the record certified by the recorder, must be received in all courts and places as presumptive evidence of the fact of the marriage.
2. With respect to any marriage solemnized on or after January 1, 1971, the original certificate and records of marriage made by the judge, justice, minister or other [person] church or religious official authorized to solemnize a marriage, notary public, commissioner of civil marriages or deputy commissioner of civil marriages, as prescribed in this chapter, and the record thereof by the county recorder or the county clerk, as the case may be, or a copy or abstract of the record certified by the county recorder or the county clerk, as the case may be, must be received in all courts and places as presumptive evidence of the fact of the marriage.
Sec. 3. NRS 122.050 is hereby amended to read as follows:
122.050 The marriage license must contain the name of each applicant as shown in the documents presented pursuant to subsection 2 of NRS 122.040 and must be substantially in the following form:
Marriage License
(Expires 1 Year After Issuance)
State of Nevada }
}ss.
County of...................................................... }
These presents are to authorize any minister , [or] other [person] church or religious official authorized to solemnize a marriage or notary public who has obtained a certificate of permission to perform marriages, any Supreme Court justice or district judge within this State, or justice of the peace within a township wherein the justice of the peace is permitted to solemnize marriages or if authorized pursuant to subsection 3 of NRS 122.080, or a municipal judge if authorized pursuant to subsection 4 of NRS 122.080 or any commissioner of civil marriages or his or her deputy within a commissioner township wherein they are permitted to solemnize marriages, to join in marriage ........
κ2013 Statutes of Nevada, Page 1187 (CHAPTER 264, SB 419)κ
NRS 122.080, or a municipal judge if authorized pursuant to subsection 4 of NRS 122.080 or any commissioner of civil marriages or his or her deputy within a commissioner township wherein they are permitted to solemnize marriages, to join in marriage ........ of (City, town or location) ........, State of ........ State of birth (If not in U.S.A., name of country) ........; Date of birth ........ Fathers name ........ Fathers state of birth (If not in U.S.A., name of country) ........ Mothers maiden name ........ Mothers state of birth (If not in U.S.A., name of country) ........ Number of this marriage (1st, 2nd, etc.) ..... Wife deceased ........ Divorced ........ Annulled ........ When ........ Where ........ And ........ of (City, town or location) ........, State of ........ State of birth (If not in U.S.A., name of country) ........; Date of birth ........ Fathers name ........ Fathers state of birth (If not in U.S.A., name of country) ........ Mothers maiden name ........ Mothers state of birth (If not in U.S.A., name of country) ........ Number of this marriage (1st, 2nd, etc.) ..... Husband deceased ........ Divorced ........ Annulled ........ When ........ Where ........; and to certify the marriage according to law.
Witness my hand and the seal of the county, this ..... day of the month of . of the year ............
.........................................................
(Seal) Clerk
.........................................................
Deputy clerk
Sec. 4. NRS 122.062 is hereby amended to read as follows:
122.062 1. Any licensed, ordained or appointed minister or other [person] church or religious official authorized to solemnize a marriage in good standing within his or her church or religious organization, or either of them, incorporated, organized or established in this State, or a notary public appointed by the Secretary of State pursuant to chapter 240 of NRS and in good standing with the Secretary of State, may join together as husband and wife persons who present a marriage license obtained from any county clerk of the State, if the minister , [or] other [person] church or religious official authorized to solemnize a marriage or notary public first obtains a certificate of permission to perform marriages as provided in NRS 122.062 to 122.073, inclusive. The fact that a minister or other [person] church or religious official authorized to solemnize a marriage is retired does not disqualify him or her from obtaining a certificate of permission to perform marriages if, before retirement, the minister or other [person] church or religious official authorized to solemnize a marriage had active charge of a church or religious organization for a period of at least 3 years.
2. A temporary replacement for a licensed, ordained or appointed minister or other [person] church or religious official authorized to solemnize a marriage certified pursuant to NRS 122.062 to 122.073, inclusive, may solemnize marriages pursuant to subsection 1 [during such time as he or she may be authorized to do so by the county clerk in the county in which he or she is a temporary replacement,] for a period not to exceed 90 days [.] , if the requirements of this subsection are satisfied. The minister or other [person] church or religious official authorized to solemnize a marriage whom he or she temporarily replaces shall provide him or her with a written authorization which states the period during which it is effective [.] , and the temporary replacement shall obtain from the county clerk in the county in which he or she is a temporary replacement a written authorization to solemnize marriage and submit to the county clerk an application fee of $25.
κ2013 Statutes of Nevada, Page 1188 (CHAPTER 264, SB 419)κ
clerk in the county in which he or she is a temporary replacement a written authorization to solemnize marriage and submit to the county clerk an application fee of $25.
3. Any chaplain who is assigned to duty in this State by the Armed Forces of the United States may solemnize marriages if the chaplain obtains a certificate of permission to perform marriages from the county clerk of the county in which his or her duty station is located. The county clerk shall issue such a certificate to a chaplain upon proof of his or her military status as a chaplain and of his or her assignment.
4. A [county clerk may authorize a] licensed, ordained or appointed minister , [or] other [person] church or religious official authorized to solemnize a marriage [whose residence and church or religious organization is in another state or who is retired, if his or her service was as described in subsection 1,] , active or retired, or a notary public may submit to the county clerk in the county in which a marriage is to be performed an application to perform [marriages] a specific marriage in the county . The application must:
(a) Include the full names and addresses of the persons to be married;
(b) Include the date and location of the marriage ceremony;
(c) Include the information and documents required pursuant to subsection 1 of NRS 122.064; and
(d) Be accompanied by an application fee of $25.
5. A county clerk may grant authorization to perform a specific marriage to a person who submitted an application pursuant to subsection 4 if the county clerk is satisfied that the minister or other [person] church or religious official authorized to solemnize a marriage , whether he or she is active or retired, is in good standing with his or her church or religious organization [; pursuant to this section.] or, in the case of a notary public, if the notary public is in good standing with the Secretary of State. The authorization must be in writing and need not be filed with any other public officer. A separate authorization is required for each marriage performed. [Such a minister or other] A person [authorized to solemnize a marriage may perform not more than five marriages in this State] may not obtain more than five authorizations to perform a specific marriage pursuant to this section in any calendar year and must acknowledge that he or she is subject to the jurisdiction of the county clerk with respect to the provisions of this chapter governing the conduct of ministers , [or] other [persons] church or religious officials authorized to solemnize a marriage or notaries public to the same extent as if he or she [were] had obtained a [minister or other person authorized to solemnize a marriage residing in this State.] certificate of permission to perform marriages.
Sec. 5. NRS 122.064 is hereby amended to read as follows:
122.064 1. A certificate of permission to perform marriages may be obtained only from the county clerk of the county in which the minister , [or] other [person] church or religious official authorized to solemnize a marriage or notary public resides, after the filing of a proper application. The initial application must:
(a) Be in writing and be verified by the applicant.
(b) If the applicant is a minister or other church or religious official authorized to solemnize a marriage:
(1) Include the date of licensure, ordination or appointment of the minister or other [person] church or religious official authorized to solemnize a marriage, and the name of the church or religious organization with which he or she is affiliated [.]
κ2013 Statutes of Nevada, Page 1189 (CHAPTER 264, SB 419)κ
to solemnize a marriage, and the name of the church or religious organization with which he or she is affiliated [.] ; and
(2) Be accompanied by one copy of the affidavit of authority to solemnize marriages described in subsection 5.
(c) If the applicant is a notary public:
(1) Include the date of the appointment of the notary public by the Secretary of State; and
(2) Be accompanied by a verification issued by the Secretary of State within the 3 months immediately preceding the date of the application which states that the applicant has been appointed as a notary public by the Secretary of State pursuant to chapter 240 of NRS and is in good standing with the Secretary of State. The county clerk must refuse to issue a certificate of permission if the appointment of the notary public is suspended or revoked and may refuse to issue a certificate of permission if the notary public has committed any violations of chapter 240 of NRS.
(d) Include the social security number of the applicant.
[(d)] (e) Be accompanied by [one copy of the affidavit of authority to solemnize marriages described in subsection 5.] an application fee of $25.
2. To determine the qualifications of any minister , [or] other [person] church or religious official authorized to solemnize a marriage or notary public who has filed an application for a certificate [,] of permission, the county clerk with whom the application has been filed may require:
(a) The church or religious organization of the minister or other [person] church or religious official authorized to solemnize a marriage to furnish any evidence which the county clerk considers necessary or helpful.
(b) [The district attorney and the sheriff to conduct an] An investigation of the background and present activities of the minister or other person authorized to solemnize a marriage. The cost of an investigation conducted pursuant to this paragraph must be charged to the applicant.
3. In addition to the requirement of good standing, the county clerk shall, before approving an initial application, satisfy himself or herself that:
(a) [The] If the applicant is a minister or other church or religious official authorized to solemnize a marriage, the applicants ministry is one of service to his or her church or religious organization or, in the case of a retired minister or other [person] church or religious official authorized to solemnize a marriage, that his or her active ministry was of such a nature.
(b) No certificate previously issued to the applicant has been cancelled for a knowing violation of the laws of this State or of the United States.
(c) The applicant has not been convicted of a felony, released from confinement or completed his or her parole or probation, whichever occurs later, within 10 years before the date of the application.
4. The county clerk may require any applicant to submit information in addition to that required by this section.
5. The affidavit of authority to solemnize marriages required by subparagraph (2) of paragraph (b) of subsection 1 must be in substantially the following form:
κ2013 Statutes of Nevada, Page 1190 (CHAPTER 264, SB 419)κ
AFFIDAVIT OF AUTHORITY TO SOLEMNIZE MARRIAGES FOR CHURCHES AND RELIGIOUS ORGANIZATIONS
State of Nevada }
}ss.
County of ............................. }
The.................................................. (name of church or religious organization) is organized and carries on its work in the State of Nevada. Its active meetings are located at.................................................. (street address, city or town). The.................................................. (name of church or religious organization) hereby finds that.................................................. (name of minister or other person authorized to solemnize marriages) is in good standing and is authorized by the.................................................. (name of church or religious organization) to solemnize a marriage.
I am duly authorized by.................................................. (name of church or religious organization) to complete and submit this affidavit.
..................................................
Signature of Official
..................................................
Name of Official
(type or print name)
..................................................
Title of Official
..................................................
Address
..................................................
City, State and Zip Code
..................................................
Telephone Number
Signed and sworn to (or affirmed) before me this.......... day of the month of.................... of the year...........
..................................................
Notary Public for
.............................. County, Nevada.
My appointment expires..............................
6. Not later than 30 days after issuing a certificate of permission to perform marriages to a notary public, the county clerk must submit to the Secretary of State the name of the notary public to whom the certificate has been issued.
κ2013 Statutes of Nevada, Page 1191 (CHAPTER 264, SB 419)κ
7. If a licensed, ordained or appointed minister or other church or religious official authorized to solemnize a marriage who holds a certificate of permission to perform marriages changes his or her mailing address, the minister or other church or religious official authorized to solemnize a marriage must notify the county clerk who issued the certificate of his or her new mailing address not later than 30 days after the change. If a notary public who holds a certificate of permission to perform marriages changes his or her mailing address, the notary public must submit to the Secretary of State a request for an amended certificate of appointment pursuant to NRS 240.036.
Sec. 6. NRS 122.066 is hereby amended to read as follows:
122.066 1. The Secretary of State shall establish and maintain a statewide database of ministers , [or] other [persons] church or religious officials authorized to solemnize a marriage [.] or notaries public who have been issued a certificate of permission to perform marriages. The database must:
(a) Serve as the official list of ministers , [or] other [persons] church or religious officials authorized to solemnize a marriage or notaries public approved to perform marriages in this State;
(b) Provide for a single method of storing and managing the official list;
(c) Be a uniform, centralized and interactive database;
(d) Be electronically secure and accessible to each county clerk in this State;
(e) Contain the name, mailing address and other pertinent information of each minister , [or] other [person] church or religious official authorized to solemnize a marriage or notary public as prescribed by the Secretary of State; and
(f) Include a unique identifier assigned by the Secretary of State to each minister , [or] other [person] church or religious official authorized to solemnize a marriage [.] or notary public.
2. If the county clerk approves an application for a certificate of permission to perform marriages, the county clerk shall:
(a) Enter all information contained in the application into the electronic statewide database of ministers , [or] other [persons] church or religious officials authorized to solemnize a marriage or notaries public maintained by the Secretary of State not later than 10 days after the certificate of permission to perform marriages is approved by the county clerk; and
(b) Provide to the Secretary of State all information related to the minister , [or] other [person] church or religious official authorized to solemnize a marriage or notary public pursuant to paragraph (e) of subsection 1.
3. Upon approval of an application pursuant to subsection 2, the minister , [or] other [person] church or religious official authorized to solemnize a marriage [:] or notary public:
(a) Shall comply with the laws of this State governing the solemnization of marriage and conduct of ministers , [or] other [persons] church or religious officials authorized to solemnize a marriage [;] or notaries public;
(b) Is subject to further review or investigation by the county clerk to ensure that he or she continues to meet the statutory requirements for a person authorized to solemnize a marriage; and
(c) Shall provide the county clerk with any changes to his or her status or information, including, without limitation, the address or telephone number of the church or religious organization , if applicable, or any other information pertaining to certification [.]
κ2013 Statutes of Nevada, Page 1192 (CHAPTER 264, SB 419)κ
of the church or religious organization , if applicable, or any other information pertaining to certification [.] within 30 days after such a change. If a notary public to whom a certificate of permission to perform marriages has been issued changes his or her address, the notary public must submit to the Secretary of State a request for an amended certificate of appointment in accordance with NRS 240.036.
4. A certificate of permission is valid until [the] :
(a) If the certificate is issued to a minister or other church or religious official authorized to solemnize a marriage, the county clerk has received an affidavit of revocation of authority to solemnize marriages pursuant to NRS 122.0665.
(b) If the certificate is issued to a notary public, the appointment as a notary public has expired or has been cancelled, revoked or suspended. If, after the expiration of his or her appointment, a notary public receives a new appointment, the notary public may reapply for a certificate of permission to perform marriages, without charge, if the reapplication occurs within 3 months after the expiration of the previous notary public appointment.
5. An affidavit of revocation of authority to solemnize marriages that is received pursuant to paragraph (a) of subsection 4 must be sent to the county clerk within 5 days after the minister or other [person] church or religious official authorized to solemnize a marriage ceased to be a member of the church or religious organization in good standing or ceased to be a minister or other [person] church or religious official authorized to solemnize a marriage for the church or religious organization.
6. If the county clerk in the county where the certificate of permission was issued has reason to believe that [the] :
(a) The minister or other [person] church or religious official authorized to solemnize a marriage is no longer in good standing within his or her church or religious organization, or that he or she is no longer a minister or other [person] church or religious official authorized to solemnize a marriage, or that such church or religious organization no longer exists [,] ; or
(b) The notary public is no longer in good standing with the Secretary of State or that the appointment of the notary public has expired,
Κ the county clerk may require satisfactory proof of the good standing of the minister , [or] other [person] church or religious official authorized to solemnize a marriage [.] or notary public. If such proof is not presented within 15 days, the county clerk shall revoke the certificate of permission by amending the electronic record of the minister , [or] other [person] church or religious official authorized to solemnize a marriage or notary public in the statewide database pursuant to subsection 1.
7. Except as otherwise provided in subsection 8, if any minister or other [person] church or religious official authorized to solemnize a marriage to whom a certificate of permission has been issued severs ties with his or her church or religious organization or moves from the county in which his or her certificate was issued, the certificate shall expire immediately upon such severance or move, and the church or religious organization shall, within 5 days after the severance or move, file an affidavit of revocation of authority to solemnize marriages pursuant to NRS 122.0665. If the minister or other [person] church or religious official authorized to solemnize a marriage voluntarily advises the county clerk of the county in which his or her certificate was issued of his or her severance with his or her church or religious organization, or that he or she has moved from the county, the certificate shall expire immediately upon such severance or move without any notification to the county clerk by the church or religious organization.
κ2013 Statutes of Nevada, Page 1193 (CHAPTER 264, SB 419)κ
certificate was issued of his or her severance with his or her church or religious organization, or that he or she has moved from the county, the certificate shall expire immediately upon such severance or move without any notification to the county clerk by the church or religious organization.
8. If any minister or other [person] church or religious official authorized to solemnize a marriage, who is retired and to whom a certificate of permission has been issued, moves from the county in which his or her certificate was issued to another county in this State, the certificate remains valid until such time as the certificate otherwise expires or is revoked as prescribed by law. The minister or other [person] church or religious official authorized to solemnize a marriage must provide his or her new address to the county clerk in the county to which the minister or other [person] church or religious official authorized to solemnize a marriage has moved.
9. If any notary public to whom a certificate of permission has been issued moves from the county in which his or her certificate was issued, the certificate shall expire immediately upon such move.
10. The Secretary of State may adopt regulations concerning the creation and administration of the statewide database. This section does not prohibit the Secretary of State from making the database publicly accessible for the purpose of viewing ministers , [or] other [persons] church or religious officials who are authorized to solemnize a marriage or notaries public to whom a certificate of permission to perform marriages has been issued in this State.
Sec. 7. NRS 122.0665 is hereby amended to read as follows:
122.0665 1. If a minister or other [person] church or religious official authorized to solemnize a marriage is no longer authorized to solemnize a marriage by the church or religious organization that authorized the minister or other [person] church or religious official to solemnize marriages when he or she applied for a certificate of permission to perform marriages pursuant to NRS 122.064, the church or religious organization shall, within 5 days after the authorization is terminated, file an affidavit of revocation of authority to solemnize marriages with the county clerk of the county where the original affidavit of authority to solemnize marriages was filed.
2. The affidavit of revocation of authority to solemnize marriages must be in substantially the following form:
AFFIDAVIT OF REVOCATION OF AUTHORITY TO SOLEMNIZE MARRIAGES FOR CHURCHES OR RELIGIOUS ORGANIZATIONS
State of Nevada }
}ss.
County of ............................. }
The........................................ (name of church or religious organization) is organized and carries on its work in the State of Nevada. Its active meetings are located at........................................ (street address, city or town). The........................................ (name of church or religious organization) hereby revokes the authority of........................................ (name of minister or other [person]
κ2013 Statutes of Nevada, Page 1194 (CHAPTER 264, SB 419)κ
church or religious official authorized to solemnize marriages), filed in the County of........................................, on the.......... day of the month of...................., of the year.........., to solemnize marriages.
I am duly authorized by........................................ (name of church or religious organization) to complete and submit this affidavit.
..................................................
Signature of Official
..................................................
Name of Official
(type or print name)
..................................................
Title of Official
..................................................
Address
..................................................
City, State and Zip Code
Telephone Number
Signed and sworn to (or affirmed) before me this.......... day of the month of.................... of the year...........
Notary Public for
.............................. County, Nevada.
My appointment expires..............................
Sec. 8. NRS 122.068 is hereby amended to read as follows:
122.068 1. Any county clerk who has issued a certificate of permission to perform marriages to a minister , [or] other [person] church or religious official authorized to solemnize a marriage or notary public pursuant to NRS 122.062 to 122.073, inclusive, may revoke the certificate for good cause shown after a hearing.
2. If the certificate of permission to perform marriages of any minister , [or] other [person] church or religious official authorized to solemnize a marriage or notary public is revoked, the county clerk shall inform the Secretary of State of that fact, and the Secretary of State shall immediately remove the name of the minister , [or] other [person] church or religious official authorized to solemnize a marriage or notary public from the official list contained in the database of ministers , [or] other [persons] church or religious officials authorized to solemnize a marriage or notaries public and shall notify each county clerk and county recorder in the State of the revocation.
κ2013 Statutes of Nevada, Page 1195 (CHAPTER 264, SB 419)κ
Sec. 9. NRS 122.071 is hereby amended to read as follows:
122.071 Any minister , [or] other [person] church or religious official authorized to solemnize a marriage or notary public whose application for a certificate of permission to perform marriages or renewal of such certificate is denied, or whose certificate of permission is revoked, is entitled to judicial review of such action in the district court of the county in which such action was taken.
Sec. 10. NRS 122.090 is hereby amended to read as follows:
122.090 No marriage solemnized before any person professing to be a judge, justice, minister or other [person] church or religious official authorized to solemnize a marriage, notary public to whom a certificate of permission to perform marriages has been issued, commissioner of civil marriages or deputy commissioner of civil marriages shall be deemed or adjudged to be void, nor shall the validity thereof be in any way affected on account of any want of jurisdiction or authority, provided it be consummated with a full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage.
Sec. 11. NRS 122.110 is hereby amended to read as follows:
122.110 1. In the solemnization of marriage, no particular form is required except that the parties shall declare, in the presence of the justice, judge, minister or other [person] church or religious official authorized to solemnize a marriage, notary public to whom a certificate of permission to perform marriages has been issued, justice of the peace, commissioner of civil marriages or deputy commissioner of civil marriages, and the attending witness, that they take each other as husband and wife.
2. In every case, there shall be at least one witness present besides the person performing the ceremony.
Sec. 12. NRS 122.120 is hereby amended to read as follows:
122.120 1. After a marriage is solemnized, the person solemnizing the marriage shall give to each couple being married a certificate of marriage.
2. The certificate of marriage must contain the date of birth of each applicant as contained in the form of marriage license pursuant to NRS 122.050. If a male and female person who are the husband and wife of each other are being rejoined in marriage pursuant to subsection 2 of NRS 122.020, the certificate of marriage must state that the male and female person were rejoined in marriage and that the certificate is replacing a record of marriage which was lost or destroyed or is otherwise unobtainable. The certificate of marriage must be in substantially the following form:
State of Nevada
Marriage Certificate
State of Nevada }
}ss.
County of........................................................ }
This is to certify that the undersigned, ................................ (a minister or other [person] church or religious official authorized to solemnize a marriage, notary public, judge, justice of the peace of ................................ County, commissioner of civil marriages or deputy commissioner of civil marriages, as the case may be), did on the ................ day of the month of . of the year ..............., at ................ (address or church), ................
κ2013 Statutes of Nevada, Page 1196 (CHAPTER 264, SB 419)κ
(city), Nevada, join or rejoin, as the case may be, in lawful wedlock ................ (name), of ................ (city), State of ................, date of birth ................, and ................ (name), of ................(city), State of ................, date of birth ................, with their mutual consent, in the presence of ................ and ................ (witnesses). (If a male and female person who are the husband and wife of each other are being rejoined in marriage pursuant to subsection 2 of NRS 122.020, this certificate replaces the record of the marriage of the male and female person who are being rejoined in marriage.)
...........................................................................
Signature of person performing
(Seal of County Clerk) the marriage
...........................................................................
Name under signature typewritten
or printed in black ink
...............................................................
County Clerk
...........................................................................
Official title of person performing
the marriage
...............................................................
...............................................................
Couples mailing address
3. All information contained in the certificate of marriage must be typewritten or legibly printed in black ink, except the signatures. The signature of the person performing the marriage must be an original signature.
Sec. 13. NRS 122.181 is hereby amended to read as follows:
122.181 1. The commissioner of civil marriages or his or her deputy commissioner of civil marriages is entitled to receive as his or her fee for solemnizing a marriage [$45.] $70. The fee must be deposited in the county general fund.
2. The commissioner of civil marriages or his or her deputy commissioner of civil marriages shall also at the time of solemnizing a marriage collect the additional sum of $5 for the Account for Aid for Victims of Domestic Violence in the State General Fund. The fees collected for this purpose must be paid over to the county treasurer by the county clerk on or before the fifth day of each month for the preceding calendar month, and must be credited to that Account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the clerk to the State Controller for credit to that Account.
Sec. 14. NRS 122.185 is hereby amended to read as follows:
122.185 The office of the commissioner of civil marriages and each room therein shall prominently display on the wall, or other appropriate place, a sign informing all people who avail themselves of the services of the commissioner of civil marriages of the following facts:
κ2013 Statutes of Nevada, Page 1197 (CHAPTER 264, SB 419)κ
1. That the solemnization of the marriage by the commissioner of civil marriages is not necessary for a valid marriage and that the parties wishing to be married may have a justice of the peace within a township where such justice of the peace is permitted to perform marriages, or any minister , [or] other [person] church or religious official authorized to solemnize a marriage or notary public of their choice who holds a valid certificate of permission to perform marriages within the State, perform the ceremony;
2. The amount of the fee to be charged for solemnization of a marriage, including any extra charge to be made for solemnizing a marriage after regular working hours in the office of the commissioner of civil marriages;
3. That all fees charged are paid into the county general fund of the particular county involved;
4. That other than the statutory fee, the commissioner of civil marriages and the deputy commissioners of civil marriages are precluded by law from receiving any gratuity fee or remuneration whatsoever for solemnizing a marriage; and
5. That if the commissioner of civil marriages, any deputy commissioner of civil marriages, or any other employee in the office of the commissioner or in the office of the county clerk solicits such an extra gratuity fee or other remuneration, the matter should be reported to the district attorney for such county.
Sec. 15. NRS 122.220 is hereby amended to read as follows:
122.220 1. It is unlawful for any Supreme Court justice, judge of a district court, justice of the peace, municipal judge, minister or other [person] church or religious official authorized to solemnize a marriage, notary public, commissioner of civil marriages or deputy commissioner of civil marriages to join together as husband and wife persons allowed by law to be joined in marriage, until the persons proposing such marriage exhibit to him or her a license from the county clerk as provided by law.
2. Any Supreme Court justice, judge of a district court, justice of the peace, municipal judge, minister or other [person] church or religious official authorized to solemnize a marriage, notary public, commissioner of civil marriages or deputy commissioner of civil marriages who violates the provisions of subsection 1 is guilty of a misdemeanor.
Sec. 16. NRS 4.060 is hereby amended to read as follows:
4.060 1. Except as otherwise provided in this section and NRS 33.017 to 33.100, inclusive, each justice of the peace shall charge and collect the following fees:
(a) On the commencement of any action or proceeding in the justice court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action:
If the sum claimed does not exceed $1,000.................................. $28.00
If the sum claimed exceeds $1,000 but does not exceed $2,500 50.00
If the sum claimed exceeds $2,500 but does not exceed $4,500 100.00
If the sum claimed exceeds $4,500 but does not exceed $6,500 125.00
If the sum claimed exceeds $6,500 but does not exceed $7,500 150.00
κ2013 Statutes of Nevada, Page 1198 (CHAPTER 264, SB 419)κ
If the sum claimed exceeds $7,500 but does not exceed $10,000 $175.00
In all other civil actions........................................................................ 28.00
(b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:
If the sum claimed does not exceed $1,000.................................. $25.00
If the sum claimed exceeds $1,000 but does not exceed $2,500 45.00
If the sum claimed exceeds $2,500 but does not exceed $5,000 65.00
If the sum claimed exceeds $5,000 but does not exceed $7,500 125.00
(c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid by the defendant or defendants on filing the first paper in the action, or at the time of appearance:
In all civil actions................................................................................ $12.00
For every additional defendant, appearing separately.................... 6.00
(d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS.
(e) For the filing of any paper in intervention................................... $6.00
(f) For the issuance of any writ of attachment, writ of garnishment, writ of execution or any other writ designed to enforce any judgment of the court............................................................................... $6.00
(g) For filing a notice of appeal, and appeal bonds........................... $12.00
One charge only may be made if both papers are filed at the same time.
(h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court $12.00
(i) For preparation and transmittal of transcript and papers on appeal $12.00
(j) For celebrating a marriage and returning the certificate to the county recorder or county clerk [$50.00] $75.00
(k) For entering judgment by confession............................................... $6.00
(l) For preparing any copy of any record, proceeding or paper, for each page $.30
(m) For each certificate of the clerk, under the seal of the court...... $3.00
(n) For searching records or files in his or her office, for each year.. $1.00
(o) For filing and acting upon each bail or property bond............... $40.00
2. A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by the justice of the peace to the county in which his or her township is located.
3. A justice of the peace shall not charge or collect the fee pursuant to paragraph (j) of subsection 1 if the justice of the peace performs a marriage ceremony in a commissioner township.
κ2013 Statutes of Nevada, Page 1199 (CHAPTER 264, SB 419)κ
4. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except for the fees the justice of the peace may retain as compensation and the fees the justice of the peace is required to pay to the State Controller pursuant to subsection 5.
5. The justice of the peace shall, on or before the fifth day of each month, pay to the State Controller:
(a) An amount equal to $5 of each fee collected pursuant to paragraph (j) of subsection 1 during the preceding month. The State Controller shall deposit the money in the Account for Aid for Victims of Domestic Violence in the State General Fund.
(b) One-half of the fees collected pursuant to paragraph (o) of subsection 1 during the preceding month. The State Controller shall deposit the money in the Fund for the Compensation of Victims of Crime.
Sec. 17. NRS 240.100 is hereby amended to read as follows:
240.100 1. Except as otherwise provided in subsection 3, a notary public may charge the following fees and no more:
For taking an acknowledgment, for the first signature of each signer $5.00
For each additional signature of each signer............................... 2.50
For administering an oath or affirmation without a signature........ 2.50
For a certified copy................................................................................. 2.50
For a jurat, for each signature on the affidavit................................. 5.00
For performing a marriage ceremony............................................. 75.00
2. All fees prescribed in this section are payable in advance, if demanded.
3. A notary public may charge an additional fee for traveling to perform a notarial act if:
(a) The person requesting the notarial act asks the notary public to travel;
(b) The notary public explains to the person requesting the notarial act that the fee is in addition to the fee authorized in subsection 1 and is not required by law;
(c) The person requesting the notarial act agrees in advance upon the hourly rate that the notary public will charge for the additional fee; and
(d) The additional fee does not exceed:
(1) If the person requesting the notarial act asks the notary public to travel between the hours of 6 a.m. and 7 p.m., $10 per hour.
(2) If the person requesting the notarial act asks the notary public to travel between the hours of 7 p.m. and 6 a.m., $25 per hour.
Κ The notary public may charge a minimum of 2 hours for such travel and shall charge on a pro rata basis after the first 2 hours.
4. A notary public is entitled to charge the amount of the additional fee agreed to in advance by the person requesting the notarial act pursuant to subsection 3 if:
(a) The person requesting the notarial act cancels the request after the notary public begins his or her travel to perform the requested notarial act.
κ2013 Statutes of Nevada, Page 1200 (CHAPTER 264, SB 419)κ
(b) The notary public is unable to perform the requested notarial act as a result of the actions of the person who requested the notarial act or any other person who is necessary for the performance of the notarial act.
5. For each additional fee that a notary public charges for traveling to perform a notarial act pursuant to subsection 3, the notary public shall enter in the journal that he or she keeps pursuant to NRS 240.120:
(a) The amount of the fee; and
(b) The date and time that the notary public began and ended such travel.
6. A person who employs a notary public may prohibit the notary public from charging a fee for a notarial act that the notary public performs within the scope of the employment. Such a person shall not require the notary public whom the person employs to surrender to the person all or part of a fee charged by the notary public for a notarial act performed outside the scope of the employment of the notary public.
Sec. 18. NRS 240.150 is hereby amended to read as follows:
240.150 1. For misconduct or neglect in a case in which a notary public appointed pursuant to the authority of this State may act, either by the law of this State or of another state, territory or country, or by the law of nations, or by commercial usage, the notary public is liable on his or her official bond to the parties injured thereby, for all the damages sustained.
2. The employer of a notary public may be assessed a civil penalty by the Secretary of State of not more than $2,000 for each violation specified in subsection 4 committed by the notary public, and the employer is liable for any damages proximately caused by the misconduct of the notary public, if:
(a) The notary public was acting within the scope of his or her employment at the time the notary public engaged in the misconduct; and
(b) The employer of the notary public consented to the misconduct of the notary public.
3. The Secretary of State may refuse to appoint or may suspend or revoke the appointment of a notary public who fails to provide to the Secretary of State, within a reasonable time, information that the Secretary of State requests from the notary public in connection with a complaint which alleges a violation of this chapter.
4. Except as otherwise provided in this chapter, for any willful violation or neglect of duty or other violation of this chapter, or upon proof that a notary public has been convicted of a crime described in paragraph (c) of subsection 2 of NRS 240.010:
(a) The appointment of the notary public may be suspended for a period determined by the Secretary of State, but not exceeding the time remaining on the appointment;
(b) The appointment of the notary public may be revoked after a hearing; or
(c) The notary public may be assessed a civil penalty of not more than $2,000 for each violation.
5. If the Secretary of State revokes or suspends the appointment of a notary public pursuant to this section, the Secretary of State shall:
(a) Notify the notary public in writing of the revocation or suspension; [and]
(b) Cause notice of the revocation or suspension to be published on the website of the Secretary of State [.] ; and
κ2013 Statutes of Nevada, Page 1201 (CHAPTER 264, SB 419)κ
(c) If a county clerk has issued a certificate of permission to perform marriages to the notary public pursuant to NRS 122.064, notify the county clerk of the revocation or suspension.
6. Except as otherwise provided by law, the Secretary of State may assess the civil penalty that is authorized pursuant to this section upon a notary public whose appointment has expired if the notary public committed the violation that justifies the civil penalty before his or her appointment expired.
7. The appointment of a notary public may be suspended or revoked by the Secretary of State pending a hearing if the Secretary of State believes it is in the public interest or is necessary to protect the public.
________
Senate Bill No. 420Committee on Judiciary
CHAPTER 265
[Approved: May 29, 2013]
AN ACT relating to criminal procedure; specifying that a prosecuting attorney or an attorney for a defendant may issue subpoenas for witnesses in this State to appear before the court at which a preliminary hearing is to be held; authorizing a peace officer to accept delivery of a subpoena in lieu of service, via electronic means; providing that a person who fails to obey a subpoena of an attorney for a defendant without an adequate excuse is in contempt of court; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the prosecuting attorney or the attorney for the defendant in a criminal proceeding to issue subpoenas for witnesses within the State to appear before the court at which an indictment, information or criminal complaint is to be tried. (NRS 174.315) Section 2 of this bill additionally specifies that a prosecuting attorney or an attorney for a defendant may issue subpoenas for such witnesses to appear before the court at which a preliminary hearing is to be held. Section 2 also provides that a peace officer may accept delivery of a subpoena in lieu of service, via electronic means.
Existing law also provides that a person who, without an adequate excuse, fails to obey a subpoena of a court or a prosecuting attorney that was served upon the person or that was delivered to the person and accepted is in contempt of the court from which the subpoena was issued or in which the investigation is pending or the indictment, information or complaint is to be tried. (NRS 174.385) Section 3 of this bill provides that a person who fails to obey a subpoena of an attorney for a defendant is also in contempt of court. Section 3 also specifies that a person who fails to obey a subpoena of a prosecuting attorney or an attorney for a defendant is in contempt of the court in which a preliminary hearing is to be held.
κ2013 Statutes of Nevada, Page 1202 (CHAPTER 265, SB 420)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 172.305 is hereby amended to read as follows:
172.305 A presentment or indictment may not be dismissed on the ground that the specific subject of the inquiry was not disclosed to the defendant pursuant to NRS 172.195 or subsection [4] 5 of NRS 174.315.
Sec. 2. NRS 174.315 is hereby amended to read as follows:
174.315 1. [The] A prosecuting attorney may issue subpoenas subscribed by the prosecuting attorney for witnesses within the State, in support of the prosecution or whom [the] a grand jury may direct to appear before it, upon any investigation pending before the grand jury.
2. [The] A prosecuting attorney or [the] an attorney for [the] a defendant may issue subpoenas subscribed by the issuer for:
(a) Witnesses within the State to appear before the court at which a preliminary hearing is to be held or an indictment, information or criminal complaint is to be tried.
(b) Witnesses already subpoenaed who are required to reappear in any Justice Court at any time the court is to reconvene in the same case within 60 days, and the time may be extended beyond 60 days upon good cause being shown for its extension.
3. Witnesses, whether within or outside of the State, may accept delivery of a subpoena in lieu of service, by a written or oral promise to appear given by the witness. Any person who accepts an oral promise to appear shall:
(a) Identify himself or herself to the witness by name and occupation;
(b) Make a written notation of the date when the oral promise to appear was given and the information given by the person making the oral promise to appear identifying the person as the witness subpoenaed; and
(c) Execute a certificate of service containing the information set forth in paragraphs (a) and (b).
4. [The] A peace officer may accept delivery of a subpoena in lieu of service, via electronic means, by providing a written promise to appear that is transmitted electronically by any appropriate means, including, without limitation, by electronic mail transmitted through the official electronic mail system of the law enforcement agency which employs the peace officer.
5. A prosecuting attorney shall orally inform any witness subpoenaed as provided in subsection 1 of the general nature of the grand jurys inquiry before the witness testifies. Such a statement must be included in the transcript of the proceedings.
6. Any subpoena issued by an attorney for a defendant for a witness to appear before the court at which a preliminary hearing is to be held must be calendared by filing a motion that includes a notice of hearing setting the matter for hearing not less than 2 full judicial days after the date on which the motion is filed. A prosecuting attorney may oppose the motion orally in open court. A subpoena that is properly calendared pursuant to this subsection may be served on the witness unless the court quashes the subpoena.
κ2013 Statutes of Nevada, Page 1203 (CHAPTER 265, SB 420)κ
Sec. 3. NRS 174.385 is hereby amended to read as follows:
174.385 Failure by any person without an adequate excuse to obey a subpoena of a court , [or] a prosecuting attorney or an attorney for a defendant served upon the person or, in the case of a subpoena issued by a prosecuting attorney [,] or an attorney for a defendant, delivered to the person and accepted, shall be deemed a contempt of the court from which the subpoena issued or, in the case of a subpoena issued by a prosecuting attorney [,] or an attorney for a defendant, of the court in which [the] a preliminary hearing is to be held, an investigation is pending or [the] an indictment, information or complaint is to be tried.
________
Senate Bill No. 440Committee on Government Affairs
CHAPTER 266
[Approved: May 29, 2013]
AN ACT relating to the City of Henderson; providing for the creation and duties of a Charter Committee; revising provisions relating to changing the boundaries of the Citys wards based on changes in population; amending provisions relating to filling certain vacancies; amending provisions relating to Executive Officers; revising certain provisions relating to the Civil Service System; making various other changes to the Charter; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill amends various provisions of the Charter of the City of Henderson.
Section 1 of this bill provides for the creation, membership and duties of a Charter Committee to make recommendations to the City Council regarding amendments to the Charter.
Section 1.5 of this bill revises provisions relating to when the boundaries of the Citys wards must be changed.
Existing law authorizes the City Council to fill a vacancy on the City Council or in the office of Mayor or Municipal Judge by appointment within 30 days after the occurrence of the vacancy. (Henderson City Charter § 1.070) Section 2 of this bill requires the City Council to fill a vacancy by: (1) appointment within 60 days after the occurrence of the vacancy; or (2) by calling a special election to be held not later than 90 days after the occurrence of the vacancy.
Existing law requires the appointment of certain officers by the City Manager to be ratified by the City Council. (Henderson City Charter § 1.090) Section 3 of this bill eliminates the Director of Public Works and the Director of Finance from the ratification requirement but requires the appointments of the Assistant City Manager and the Chief Financial Officer to be ratified by the City Council.
Section 4 of this bill requires that Executive Officers other than the City Attorney and the City Clerk perform such duties as are designated by the City Manager.
Section 5 of this bill authorizes the City Council to direct the City Attorney to apply for a subpoena commanding the attendance of certain persons before the City Council or production of documents or data. Section 5 also authorizes a Municipal Judge, rather than the City Clerk, to issue such a subpoena.
κ2013 Statutes of Nevada, Page 1204 (CHAPTER 266, SB 440)κ
Section 6 of this bill revises the procedure for the City Clerk to keep a record of the Citys ordinances.
Section 7 of this bill revises the powers of the City Council to regulate and control animals.
Section 8 of this bill amends the procedures relating to the sale, lease or exchange of real property owned by the City to eliminate: (1) certain requirements for applying or offering to purchase, lease or exchange real property; and (2) the requirement that the City Council obtain an appraisal of real property before selling or exchanging real property or entering into a lease for a term of 3 years or longer.
Section 9 of this bill provides that the City Manager is the Chief Executive Officer of the City.
Existing law provides that the City Council may remove the City Manager for cause. (Henderson City Charter § 3.030) Section 10 of this bill provides that the City Council may remove the City Manager for cause in accordance with the terms of the employment agreement between the City and the City Manager.
Section 11 of this bill requires the City Clerk to keep all records and historical papers belonging to the City.
Existing law requires the City Attorney to perform such duties as may be set by the City Council. (Henderson City Charter § 3.060) Section 12 of this bill requires the City Attorney to: (1) advise the City Council and all offices, departments and divisions of the City in all matters with respect to the City; (2) determine whether the City should initiate any judicial or administrative proceeding; and (3) perform such other duties as are designated by the City Council or prescribed by ordinance.
Section 13 of this bill clarifies that all Executive Officers are required to reside within the City during the term of their employment.
Section 14 of this bill clarifies that any City employee may collect or recover fines, forfeitures and other money except taxes. Section 14 also authorizes the City Manager and the City Attorney, in addition to the City Council, to collect all money, including taxes, due and unpaid to the City through proper legal action.
Section 15 of this bill provides that the City Council must not give orders to any subordinate of the City Attorney or City Clerk.
Section 16 of this bill provides that if the City Manager, City Attorney or City Clerk is adjudged guilty of nonfeasance, misfeasance or malfeasance in office, the City Council may terminate that officer pursuant to the terms of his or her employment agreement.
Section 17 of this bill eliminates obsolete provisions relating to the qualifications of a Municipal Judge.
Section 18 of this bill provides that all fines and forfeitures for the violations of ordinances must be paid to the Chief Financial Officer, rather than the Citys Treasury.
Sections 19 and 21 of this bill provide, respectively, that a candidate who is declared elected to office after a primary or general municipal election must enter into the discharge of his or her duties at the second regular meeting of the City Council held in the month of June immediately following the general election.
Section 20 of this bill eliminates obsolete language relating to the timing of the general municipal election.
Section 22 of this bill authorizes the City Council, on behalf of the City, to acquire, improve, equip, operate and maintain, convert to or authorize recreation projects.
Existing law requires, with limited exceptions, the City Council to levy a tax not exceeding 3 percent upon the assessed value of all real and personal property within the City. (Henderson City Charter § 8.010) Section 23 of this bill removes the 3 percent cap on such taxes and requires the City Council to levy such taxes at a rate allowable under applicable provisions of the Nevada Revised Statutes.
Section 24 of this bill amends the classifications of employees of the City to whom the System of Civil Service applies. Section 26 of this bill provides that such changes apply to existing employees and officers who are employed by the City before, on or after October 1, 2013.
κ2013 Statutes of Nevada, Page 1205 (CHAPTER 266, SB 440)κ
Section 25 of this bill repeals provisions relating to the City Clerks performance bond, the limitation on the City incurring indebtedness for an amount exceeding the revenue of the year in which the debt is incurred, the transfer of money to the City Treasury, the deposit of surplus taxes and the Citys Sinking Fund.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 402, is hereby amended by adding thereto new sections to be designated as sections 1.120, 1.130 and 1.140, respectively, immediately following section 1.110, to read as follows:
Sec. 1.120 Charter Committee: Appointment; qualifications; compensation; terms; vacancies.
1. The Charter Committee must be appointed as follows:
(a) The Mayor shall appoint two members;
(b) The Mayor pro tempore shall appoint two members;
(c) The remaining members of the City Council shall each appoint one member;
(d) The members of the Senate delegation representing the residents of the City and belonging to the majority party of the Senate shall appoint two members;
(e) The members of the Senate delegation representing the residents of the City and belonging to the minority party of the Senate shall appoint one member;
(f) The members of the Assembly delegation representing the residents of the City and belonging to the majority party of the Assembly shall appoint two members; and
(g) The members of the Assembly delegation representing the residents of the City and belonging to the minority party of the Assembly shall appoint one member.
2. Each member of the Charter Committee:
(a) Must be a registered voter of the City;
(b) Must reside in the City during his or her term of office; and
(c) Serves without compensation.
3. The term of office of a member of the Charter Committee is concurrent with the term of the person or persons, as applicable, by whom the member was appointed. If the term of office of any person making an appointment ends by resignation or otherwise, the term of office of a member of the Charter Committee appointed by that person ends on the day that the person resigns or otherwise leaves office.
4. If a vacancy occurs on the Charter Committee, the vacancy must be filled in the same manner as the original appointment for the remainder of the unexpired term.
Sec. 1.130 Charter Committee: Officers; meetings; duties. The Charter Committee shall:
1. Elect a Chair and Vice Chair from among its members, who each serve for a term of 2 years;
κ2013 Statutes of Nevada, Page 1206 (CHAPTER 266, SB 440)κ
2. Meet at least once every 2 years before the beginning of each regular session of the Legislature and when requested by the City Council or the Chair of the Committee; and
3. Appear before the City Council on a date to be set after the final biennial meeting of the Charter Committee is conducted pursuant to subsection 2 and before the beginning of the next regular session of the Legislature to advise the City Council with regard to the recommendations of the Charter Committee concerning necessary amendments to this Charter.
Sec. 1.140 Charter Committee: Removal of member.
1. Any member of the Charter Committee may be removed by a majority of the remaining members of the Charter Committee for cause, including, without limitation:
(a) Failure or refusal to perform the duties of office;
(b) Absence from three consecutive regular meetings; or
(c) Ceasing to meet any qualification for appointment to the Charter Committee.
2. Any vacancy resulting from the removal of a member pursuant to this section must be filled pursuant to subsection 4 of section 1.120.
Sec. 1.5. Section 1.040 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 596, Statutes of Nevada 1995, at page 2205, is hereby amended to read as follows:
Sec. 1.040 Wards: Creation; boundaries.
1. The City must be divided into four wards, which must be as nearly equal in population as can be conveniently provided, and the territory comprising each ward must be contiguous.
2. The boundaries of wards must be established and changed by ordinance. Except as provided in subsection 3, the boundaries of wards must be changed whenever the population, as determined by the [last preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce] Citys demographer and as revised figures are provided by the Planning Department of the City, in any ward exceeds the population in any other ward by more than 5 percent.
3. The boundaries of wards must not be changed, except to accommodate an annexation of territory to the City, during any year in which a general election is held.
Sec. 2. Section 1.070 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 515, Statutes of Nevada 1997, at page 2450, is hereby amended to read as follows:
Sec. 1.070 Elective offices: Vacancies. [Except as otherwise provided in NRS 268.325:]
1. A vacancy in the City Council or in the office of Mayor or Municipal Judge must be filled for the remainder of the unexpired term by [a] :
κ2013 Statutes of Nevada, Page 1207 (CHAPTER 266, SB 440)κ
(a) A majority vote of the members of the City Council, or the remaining members in the case of a vacancy in the City Council, within [30] 60 days after the occurrence of the vacancy [. The appointee must have] appointing a person who has the same qualifications as are required of the elective official [.
2. No such appointment extends beyond the first regular meeting of the City Council after the canvass of returns of the election in which the vacancy is to be filled.] ; or
(b) A special election called by resolution of the City Council. The resolution must call for the special election to be held not later than 90 days after the vacancy occurs. Every candidate at the special election must have the same qualifications as are required of the elective official.
2. If a special election is held pursuant to paragraph (b) of subsection 1:
(a) The City Council shall meet to canvass the election returns and declare the result pursuant to section 5.100; and
(b) The person elected to fill the remainder of an unexpired term shall enter upon the discharge of his or her respective duties at the first meeting of the City Council held after the canvass of returns is made.
Sec. 3. Section 1.090 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 596, Statutes of Nevada 1995, at page 2206, is hereby amended to read as follows:
Sec. 1.090 [Appointive offices.] Executive Officers.
1. The City Council of the City shall appoint the following [officers:] Executive Officers:
(a) City Manager.
(b) City Attorney.
(c) City Clerk.
2. The City Council may establish such other [appointive officers] Executive Officers as it may deem necessary for the operation of the City. Appointment of such [officers] Executive Officers must be made by the City Manager . [,]
3. The appointments of the following Executive Officers are subject to ratification of the City Council : [. Such officers must include:]
(a) Chief of Police.
(b) [Director of Public Works.] Assistant City Manager.
(c) Fire Chief.
(d) [Director of Finance.
(e) Such other officers as may be necessary.] Chief Financial Officer.
Sec. 4. Section 1.100 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 404, is hereby amended to read as follows:
Sec. 1.100 [Appointive officers:] Executive Officers: Miscellaneous provisions.
1. All [appointive officers] Executive Officers other than the City Attorney and City Clerk shall perform such duties as may be designated by the City Manager .
κ2013 Statutes of Nevada, Page 1208 (CHAPTER 266, SB 440)κ
designated by the City Manager . [and such other duties as may be directed by the City Council.
2. The City Council may require from all other officers and employees of the City constituted or appointed under this Charter, except Council Members, sufficient security for the faithful and honest performance of their respective duties.
3. All appointive officers]
2. All Executive Officers of the City shall receive such salary as may be designated by the City Council.
Sec. 5. Section 2.030 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 405, is hereby amended to read as follows:
Sec. 2.030 City Council: Discipline of members, other persons, subpoena power.
1. The City Council may:
(a) Provide for the punishment of any member for disorderly conduct committed in its presence.
(b) Order the attendance of witnesses and the production of all [papers] documents and data relating to any business before the City Council.
2. If any person ordered to appear before the City Council or to produce documents or data fails to obey such order:
(a) The City Council or any member thereof may direct the City Attorney to apply to the Municipal Court for a subpoena commanding the attendance of the person before the City Council [.] or production of the documents or data to the City Council.
(b) [Such Clerk] A Municipal Judge may issue the subpoena, and any peace officer may serve it.
(c) If the person upon whom the subpoena is served fails to obey it, the Municipal Court may issue an order to show cause why such person should not be held in contempt of the Municipal Court and upon hearing of the matter may adjudge such person guilty of contempt and punish him or her accordingly.
Sec. 6. Section 2.100 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 596, Statutes of Nevada 1995, at page 2208, is hereby amended to read as follows:
Sec. 2.100 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed must be read to the City Council by title and referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance must be filed with the City Clerk for public distribution. Except as otherwise provided in subsection 3, notice of the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, and published in the City at least 10 days before the adoption of the ordinance. The City Council shall adopt or reject the ordinance or an amendment thereto, within 30 days after the date of publication.
κ2013 Statutes of Nevada, Page 1209 (CHAPTER 266, SB 440)κ
2. At the next regular meeting or special meeting of the City Council following the proposal of an ordinance and its reference to committee, the committee shall report the ordinance back to the City Council. Thereafter, it must be read by title only, and thereupon the proposed ordinance must be finally voted upon or action thereon postponed.
3. In cases of emergency or where the ordinance is of a kind specified in section 7.040, by unanimous consent of the City Council, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the City Clerk need be published.
4. All ordinances must be signed by the Mayor, attested by the City Clerk and published at least once by title, together with the names of the Council Members voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in the City, before the ordinance becomes effective. The City Council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The City Clerk shall keep a record of all ordinances [in a book kept for that purpose,] together with the affidavits of publication . [by the publisher.]
Sec. 7. Section 2.250 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 596, Statutes of Nevada 1995, at page 2210, is hereby amended to read as follows:
Sec. 2.250 Powers of City Council: Animals . [and poultry.] The City Council may regulate and control animals [and poultry] in the City and may construct facilities for this purpose.
Sec. 8. Section 2.320 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 48, Statutes of Nevada 1997, at page 89, is hereby amended to read as follows:
Sec. 2.320 Sale, lease, exchange of real property owned by the City: Procedure; disposition of proceeds.
1. Subject to the provisions of this section [,] and any applicable provisions of chapter 268 of NRS, the City may sell, lease or exchange real property in Clark County, Nevada, acquired by the City pursuant to federal law from the United States of America.
2. [Except as otherwise provided in subsection 3:
(a)] The City may sell, lease or exchange real property only by resolution. Following the adoption of a resolution to sell, lease or exchange, the City Council shall cause a notice of its intention to sell, lease or exchange the real property to be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in the City. The notice must be published at least 30 days before the date set by the City Council for the sale, lease or exchange, and must state:
[(1)] (a) The date, time and place of the proposed sale, lease or exchange.
[(2)] (b) The place where and the time within which applications and deposits may be made by prospective purchasers or lessees.
κ2013 Statutes of Nevada, Page 1210 (CHAPTER 266, SB 440)κ
[(3)] (c) Such other information as the City Council desires.
[(b) Applications or offers to purchase, lease or exchange pursuant to the notice required in paragraph (a) must be in writing, must not be accepted by the City Council for consideration before the date of publication of the notice and must be accompanied by a deposit of not less than 1 percent of the total offer to purchase. If a lease, sale or exchange is not consummated because:
(1) The City refuses or is unable to consummate the lease, sale or exchange, the deposit must be refunded.
(2) The person who made the application or offer to lease, buy or exchange refuses or is unable to consummate the lease, sale or exchange, the City shall retain an amount of the deposit that does not exceed 5 percent of the total offer to purchase.
3. The City Council may waive the requirements of subsection 2 for any lease of residential property that is for a term of 1 year or less.
4. The City Council shall not make a lease for a term of 3 years or longer or enter into a contract for the sale or exchange of real property until after the property has been appraised by one disinterested appraiser employed by the City Council. Except as otherwise provided in subsections 7 and 8, it must be the policy of the City Council to require that all such sales, leases or exchanges be made at or above the current appraised value as determined by the appraiser unless the City Council, in a public hearing held before the adoption of the resolution to sell, lease or exchange the property, determines by affirmative vote of not fewer than two-thirds of the entire City Council based upon specified findings of fact that a lesser value would be in the best interest of the public. For the purposes of this subsection, an appraisal is not considered current if it is more than 3 years old.
5.] 3. It must be the policy of the City Council to sell, lease and exchange real property in a manner that will result in the maximum benefit accruing to the City from the sales, leases and exchanges. The City Council may attach any condition to the sale, lease or exchange as appears to the City Council to be in the best interests of the City.
[6.] 4. The City Council may sell unimproved real property owned by the City on a time payment basis. The down payment must be in an amount determined by the City Council, and the interest rate must be in an amount determined by the City Council, but must not be less than 6 percent per annum on the declining balance.
[7. Notwithstanding the provisions of subsection 4, the]
5. The City Council may dispose of any real property belonging to the City to the United States of America, the State of Nevada, Clark County, any other political subdivision of the State, or any quasi-public or nonprofit entity for a nominal consideration whenever the public interest requires such a disposition. In any such case, the consideration paid must equal the cost of the acquisition to the City.
[8.] 6. The City Council may sell, lease or exchange real property for less than its appraised value to any person who maintains or intends to maintain a business within the boundaries of the City which is eligible pursuant to NRS 374.357 for an abatement from the sales and use taxes imposed pursuant to chapter 374 of NRS.
κ2013 Statutes of Nevada, Page 1211 (CHAPTER 266, SB 440)κ
[9.] 7. Proceeds from all sales and exchanges of real property owned by the City, after deduction of the cost of the real property, legal fees, reasonable costs of publication, title insurance, escrow and normal costs of sale, must be placed in the Land Fund previously created by the City in the City Treasury and hereby continued. Except as otherwise provided in subsection [10,] 8, money in the Land Fund may be expended only for:
(a) Acquisition of assets of a long-term character which are intended to continue to be held or used, such as land, buildings, machinery, furniture, computer software and other equipment.
(b) Capital improvements of improvements thereon.
(c) Expenses incurred in the preparation of a long-term comprehensive master planning study and any expenses incurred in the master planning of the City.
(d) All costs, including salaries, for administration of the Land Fund, and the land within the City.
(e) Expenses incurred in making major improvements and repairs to the water, sewer and street systems as differentiated from normal maintenance costs.
(f) Legal fees relating to the purchase, sale, lease or maintenance of the real property.
Κ Money received from leases of real property owned by the City must be placed in the Land Fund if the term of lease is 20 years or longer, whether the 20 years is for an initial term of lease or for an initial term and an option for renewal. [Money received by the City from all other leases and interest on time payment sales of real property owned by the City must be apportioned in the ratio of 20 percent to current operational expenses of the City, 20 percent to the Land Fund, and 60 percent divided between the Land Fund and current operational expenses as determined by the Council.
10.] 8. If available, money in the Land Fund may be borrowed by the City . [pursuant to the provisions of NRS 354.430 to 354.460, inclusive.]
Sec. 9. Section 3.020 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 596, Statutes of Nevada 1995, at page 2212, is hereby amended to read as follows:
Sec. 3.020 City Manager: Duties.
1. The City Manager is the Chief Executive Officer of the City and shall perform such administrative and executive duties as the City Council may designate. His or her duties and salary must be set by the City Council.
2. The City Manager may appoint such clerical and administrative assistants as he or she may deem necessary, subject to the approval of the City Council.
3. The Mayor or a Council Member may not be appointed as City Manager during the term for which he or she was elected or within 1 year after the expiration of his or her term.
κ2013 Statutes of Nevada, Page 1212 (CHAPTER 266, SB 440)κ
Sec. 10. Section 3.030 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 413, is hereby amended to read as follows:
Sec. 3.030 City Manager: Removal. The City Council may remove the City Manager for cause [.] in accordance with the terms of the City Managers employment agreement.
Sec. 11. Section 3.040 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 596, Statutes of Nevada 1995, at page 2212, is hereby amended to read as follows:
Sec. 3.040 City Clerk: Duties. The City Clerk shall:
1. Keep the corporate seal and all books , records and historical papers belonging to the City.
2. Attend all meetings of the City Council and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval at each meeting of the City Council, the City Clerk shall attest the journal after it has been signed by the Mayor.
3. Enter upon the journal the result of the vote of the City Council upon the passage of all ordinances and resolutions.
4. Perform such other duties as may be required by the City Council.
Sec. 12. Section 3.060 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 596, Statutes of Nevada 1995, at page 2213, is hereby amended to read as follows:
Sec. 3.060 City Attorney: Qualifications; duties.
1. The City Attorney must be a duly licensed member of the State Bar of Nevada.
2. The City Attorney is the Chief Legal Officer of the City and shall [perform] :
(a) Advise the City Council and all of the offices, departments and divisions of the City in all matters with respect to the affairs of the City;
(b) Determine whether the City should initiate any judicial or administrative proceeding; and
(c) Perform such other duties as may be [set] designated by the City Council [.] or prescribed by ordinance.
Sec. 13. Section 3.110 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 596, Statutes of Nevada 1995, at page 2213, is hereby amended to read as follows:
Sec. 3.110 [City officers:] Executive Officers: Residence. All [city officers] Executive Officers must reside within the City during the term of their employment unless the City Council waives this requirement because of hardship or other extenuating circumstances.
κ2013 Statutes of Nevada, Page 1213 (CHAPTER 266, SB 440)κ
Sec. 14. Section 3.130 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 596, Statutes of Nevada 1995, at page 2213, is hereby amended to read as follows:
Sec. 3.130 [City officers:] Collection and disposition of money.
1. All fines, forfeitures or other money except taxes collected or recovered by any [officer] employee of the City or other person pursuant to the provisions of this Charter or of any valid ordinance of the City must be paid by the [officer] employee or person collecting or receiving them to the [Finance Director,] Chief Financial Officer, who shall dispose of them in accordance with the ordinances, regulations and procedures established by the City Council.
2. The City Council , City Manager or City Attorney may by proper legal action collect all money, including taxes, which are due and unpaid to the City or any office thereof, and the City Council may pay from the General Fund all fees and expenses necessarily incurred by it in connection with the collection of such money.
Sec. 15. Section 3.140 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 414, is hereby amended to read as follows:
Sec. 3.140 Interference by City Council.
1. No Council Member or the Mayor may direct or request the appointment of any person to, or his or her removal from, office by the City Manager or by any of his or her subordinates, or , except as otherwise provided in section 1.090, in any manner take part in the appointment or removal of [officers] Executive Officers and employees [in the administrative service of the City.] unless the removal is authorized pursuant to section 3.150.
2. Except for the purpose of inquiry, the Council and its members shall deal with [the administrative service] employees solely through the City Manager, [and neither] City Attorney or City Clerk, as applicable, or their designees. Neither the Council nor any member thereof [shall] may give orders to any subordinate of the City Manager, City Attorney or City Clerk, either publicly or privately.
[2. Any Council Member or the Mayor violating the provisions of this section, or voting for a resolution or ordinance in violation of this section, is guilty of a misdemeanor, and upon conviction thereof shall cease to be a Council Member or the Mayor.]
Sec. 16. Section 3.150 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 415, is hereby amended to read as follows:
Sec. 3.150 Removal of [officers.] certain Executive Officers. If [any officer] the City Manager, City Attorney or City Clerk is adjudged guilty of nonfeasance, misfeasance or malfeasance in office, the City Council may [declare the office vacant and] terminate the City Manager, City Attorney or City Clerk, as applicable, pursuant to the terms of his or her employment agreement, if there is an employment agreement between the City and the City Manager, City Attorney or City Clerk, as applicable. The City Council may fill the vacancy so caused [,] as provided by law.
κ2013 Statutes of Nevada, Page 1214 (CHAPTER 266, SB 440)κ
Sec. 17. Section 4.020 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 209, Statutes of Nevada 2001, at page 971, is hereby amended to read as follows:
Sec. 4.020 Municipal Court: Qualifications of Municipal Judge; salary.
1. Each Municipal Judge must have been a resident of the territory which is established by the boundaries of the City for the 12 months immediately preceding the last day for filing a declaration of candidacy for the office.
2. Each Municipal Judge shall devote his or her full time to the duties of his or her office and must be a duly licensed member, in good standing, of the State Bar of Nevada . [, except that the requirement to be a duly licensed member, in good standing, of the State Bar of Nevada does not apply to any Municipal Judge who is an incumbent when this section becomes effective as long as he or she continues to serve as such in uninterrupted terms.]
3. The salary of each Municipal Judge must be fixed by the City Council and be uniform for all departments of the Municipal Court. The salary may be increased during the terms for which the Judges are elected or appointed.
Sec. 18. Section 4.030 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 596, Statutes of Nevada 1995, at page 2214, is hereby amended to read as follows:
Sec. 4.030 Disposition of fines. All fines and forfeitures for the violation of ordinances must be paid [into the Treasury of the City.] to the Chief Financial Officer.
Sec. 19. Section 5.010 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 218, Statutes of Nevada 2011, at page 956, is hereby amended to read as follows:
Sec. 5.010 Primary municipal election.
1. Except as otherwise provided in section 5.020, a primary municipal election must be held on the Tuesday after the first Monday in April of each odd-numbered year, at which time there must be nominated candidates for offices to be voted for at the next general municipal election.
2. A candidate for any office to be voted for at any primary municipal election must file a declaration of candidacy as provided by the election laws of this State.
3. All candidates for elective office must be voted upon by the registered voters of the City at large.
4. If in the primary municipal election no candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general municipal election. If in the primary municipal election, regardless of the number of candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, he or she must be declared elected and no general municipal election need be held for that office.
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she is a candidate, he or she must be declared elected and no general municipal election need be held for that office. Such candidate shall enter upon his or her respective duties at the second regular meeting of the City Council held in June of the year of the general municipal election.
Sec. 20. Section 5.020 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 218, Statutes of Nevada 2011, at page 957, is hereby amended to read as follows:
Sec. 5.020 General municipal election.
1. Except as otherwise provided in subsection 2:
(a) A general municipal election must be held in the City on the first Tuesday after the first Monday in June of each odd-numbered year , [and on the same day every 2 years thereafter,] at which time the registered voters of the City shall elect city officers to fill the available elective positions.
(b) All candidates for the office of Mayor, Council Member and Municipal Judge must be voted upon by the registered voters of the City at large. The term of office for members of the City Council and the Mayor is 4 years. Except as otherwise provided in subsection 3 of section 4.015, the term of office for a Municipal Judge is 6 years.
(c) On the Tuesday after the first Monday in June 2001, and every 6 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Municipal Judge for Department 1 who will hold office until his or her successor has been elected and qualified.
(d) On the Tuesday after the first Monday in June 2003 and every 6 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Municipal Judge for Department 2 who will hold office until his or her successor has been elected and qualified.
(e) On the Tuesday after the first Monday in June 2005, and every 6 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Municipal Judge for Department 3 who will hold office until his or her successor has been elected and qualified.
2. The City Council may by ordinance provide for a primary municipal election and general municipal election on the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.
3. If the City Council adopts an ordinance pursuant to subsection 2, the dates set forth in NRS 293.12755, in subsections 2 to 5, inclusive, of NRS 293.165 and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the primary municipal elections and general municipal elections.
4. If the City Council adopts an ordinance pursuant to subsection 2, the ordinance must not affect the term of office of any elected official of the City serving in office on the effective date of the ordinance. The next succeeding term for that office may be shortened but may not be lengthened as a result of the ordinance.
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Sec. 21. Section 5.100 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 596, Statutes of Nevada 1995, at page 2216, is hereby amended to read as follows:
Sec. 5.100 Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.
1. The election returns from any special, primary or general municipal election must be filed with the City Clerk, who shall immediately place the returns in a safe or vault, and no person may handle, inspect or in any manner interfere with the returns until canvassed by the City Council.
2. The City Council shall meet at any time within 10 days after any election and canvass the returns and declare the result. The election returns must then be sealed and kept by the City Clerk for 6 months. No person may have access to the returns except on order of a court of competent jurisdiction or by order of the City Council.
3. The City Clerk, under his or her hand and official seal, shall issue to each person elected a certificate of election. [The] Except as otherwise provided in section 1.070, the officers so elected shall qualify and enter upon the discharge of their respective duties at the [first] second regular meeting of the City Council [next succeeding that in which the canvass of returns was made.] held in June of the year of the general municipal election.
4. If any election results in a tie, the City Council shall summon the candidates who received the tie vote and determine the tie by lot. The City Clerk shall then issue to the winner a certificate of election.
Sec. 22. Section 6.010 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 416, Statutes of Nevada 2001, at page 2099, is hereby amended to read as follows:
Sec. 6.010 Local improvement law. Except as otherwise provided in subsection 2 of section 2.280 and section 2.285, the City Council, on behalf of the City and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. Off-street parking projects;
4. Overpass projects;
5. Park or recreation projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
9. Storm sewer projects;
10. Street projects;
11. Telephone projects;
12. Transportation projects;
13. Underground and aboveground electric and communication facilities;
14. Underpass projects;
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15. Water projects;
16. Upon petition by a person or business authorized to provide the service, such other utility projects as are deemed necessary by the Council; and
17. Any combination thereof.
Sec. 23. Section 8.010 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 420, is hereby amended to read as follows:
Sec. 8.010 Municipal taxes.
1. The City Council shall annually, at the time prescribed by law for levying taxes for State and County purposes, levy a tax [not exceeding 3 percent] at a rate allowable under applicable provisions of the Nevada Revised Statutes upon the assessed value of all real and personal property within the City except as provided in the Local Government Securities Law and the Consolidated Local Improvements Law, as amended from time to time. The taxes so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed in the laws of the State of Nevada for collection of State and County taxes. The revenue laws of the State shall, in every respect not inconsistent with the provisions of this Charter, be applicable to the levying, assessing and collecting of the municipal taxes.
2. In the matter of equalization of assessments, the rights of the City and the inhabitants thereof shall be protected in the same manner and to the same extent by the action of the County Board of Equalization as are the State and County.
3. All forms and blanks used in levying, assessing and collecting the revenues of the State and counties shall, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of the City. The City Council shall enact all such ordinances as it may deem necessary and not inconsistent with this Charter and the laws of the State for the prompt, convenient and economical collecting of the revenue.
Sec. 24. Section 9.010 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 108, Statutes of Nevada 2003, at page 604, is hereby amended to read as follows:
Sec. 9.010 System of Civil Service.
1. There is hereby created a System of Civil Service, applicable to and governing the employment of all employees of the City except Executive Officers, department directors, senior department directors, division heads, [the City Clerk, the City Attorney,] assistant city attorneys, [the City Manager, assistant city managers,] any other attorney employed by the Office of the City Attorney, assistants to the City Manager, [the Intergovernmental Relations Director,] the Municipal Court Administrator, any elected officer , [and] any employee that reports directly to an elected officer [.] , any probationary employee, any temporary employee and any other employee excluded from the System by ordinance.
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2. The System of Civil Service must be administered by a Civil Service Board composed of five persons appointed by the City Council.
3. The Board shall prepare regulations governing the System of Civil Service to be adopted by the City Council. The regulations must provide for:
(a) Examination of potential employees.
(b) Procedures for recruitment and placement.
(c) Classification of positions.
(d) Procedures for promotion, disciplinary actions and removal of employees.
(e) Such other matters as the Board may deem necessary.
4. Copies of the regulations governing the System of Civil Service must be distributed to all employees of the City.
5. An employee of the City who is included in the System of Civil Service and accepts a position that is excluded from the System pursuant to subsection 1 does not retain any rights or privileges within the System.
Sec. 25. Sections 3.050, 7.030, 8.030, 8.040 and 8.050 of the Charter of the City of Henderson are hereby repealed.
Sec. 26. The provisions of section 9.010 of the Charter of the City of Henderson, as amended by section 24 of this act, apply to every person who is an:
1. Employee of the City of Henderson;
2. Appointive officer; or
3. Executive Officer,
Κ before, on or after October 1, 2013.
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