SB6_EN

Senate Bill No. 6–Joint Rules Committee

CHAPTER..........

AN ACT relating to mental health; providing for the establishment by a district court of a program for the treatment of mentally ill offenders; authorizing justices’ courts and municipal courts to transfer original jurisdiction of certain cases to the district court for the purpose of assigning offenders to the program of treatment; enacting various provisions pertaining to the program of treatment; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 4.370 is hereby amended to read as follows:

4.370 1. Except as [limited by] otherwise provided in subsection 2,

justices’ courts have jurisdiction of the following civil actions and

proceedings and no others except as provided by specific statute:

(a) In actions arising on contract for the recovery of money only, if the

sum claimed, exclusive of interest, does not exceed $7,500.

(b) In actions for damages for injury to the person, or for taking,

detaining or injuring personal property, or for injury to real property where

no issue is raised by the verified answer of the defendant involving the

title to or boundaries of the real property, if the damage claimed does not

exceed $7,500.

penalty or forfeiture not exceeding $7,500, given by statute or the

ordinance of a county, city or town, where no issue is raised by the answer

involving the legality of any tax, impost, assessment, toll or municipal

fine.

(d) In actions upon bonds or undertakings conditioned for the payment

of money, if the sum claimed does not exceed $7,500, though the penalty

may exceed that sum. Bail bonds and other undertakings posted in

criminal matters may be forfeited regardless of amount.

(e) In actions to recover the possession of personal property, if the value

of the property does not exceed $7,500.

(f) To take and enter judgment on the confession of a defendant, when

the amount confessed, exclusive of interest, does not exceed $7,500.

(g) Of actions for the possession of lands and tenements where the

relation of landlord and tenant exists, when damages claimed do not

exceed $7,500 or when no damages are claimed.

(h) Of actions when the possession of lands and tenements has been

unlawfully or fraudulently obtained or withheld, when damages claimed

do not exceed $7,500 or when no damages are claimed.

(i) Of suits for the collection of taxes, where the amount of the tax sued

for does not exceed $7,500.

(j) Of actions for the enforcement of mechanics’ liens, where the

amount of the lien sought to be enforced, exclusive of interest, does not

exceed $7,500.

(k) Of actions for the enforcement of liens of owners of facilities for

storage, where the amount of the lien sought to be enforced, exclusive of

interest, does not exceed $7,500.

(l) In actions for a fine imposed for a violation of NRS 484.757.

(m) Except in a judicial district that includes a county whose population

is 100,000 or more, in any action for the issuance of a temporary or

extended order for protection against domestic violence.

(n) In small claims actions under the provisions of chapter 73 of NRS.

(o) In actions to contest the validity of liens on mobile homes or

manufactured homes.

(p) In any action pursuant to NRS 200.591 for the issuance of a

protective order against a person alleged to be committing the crime of

stalking, aggravated stalking or harassment.

2. The jurisdiction conferred by this section does not extend to civil

actions, other than for forcible entry or detainer, in which the title of real

property or mining claims or questions affecting the boundaries of land are

involved.

3. Justices’ courts have jurisdiction of all misdemeanors and no other

criminal offenses except as otherwise provided by specific statute. Upon

approval of the district court, a justice’s court may transfer original

jurisdiction of a misdemeanor to the district court for the purpose of

assigning an offender to a program established pursuant to section 5 of

this act.

4. Except as otherwise provided in subsections 5 and 6, in criminal

cases the jurisdiction of justices of the peace extends to the limits of their

respective counties.

5. In the case of any arrest made by a member of the Nevada highway

patrol, the jurisdiction of the justices of the peace extends to the limits of

their respective counties and to the limits of all counties which have

common boundaries with their respective counties.

6. Each justice’s court has jurisdiction of any violation of a regulation

governing vehicular traffic on an airport within the township in which the

court is established.

Sec. 2. NRS 5.050 is hereby amended to read as follows:

5.050 1. Municipal courts have jurisdiction of civil actions or

proceedings:

(a) For the violation of any ordinance of their respective cities.

(b) To prevent or abate a nuisance within the limits of their respective

cities.

2. The municipal courts have jurisdiction of all misdemeanors

committed in violation of the ordinances of their respective cities. Upon

approval of the district court, a municipal court may transfer original

jurisdiction of a misdemeanor to the district court for the purpose of

assigning an offender to a program established pursuant to section 5 of

this act.

3. The municipal courts have jurisdiction of:

(a) Any action for the collection of taxes or assessments levied for city

purposes, when the principal sum thereof does not exceed $2,500.

(b) Actions to foreclose liens in the name of the city for the nonpayment

of those taxes or assessments when the principal sum claimed does not

exceed $2,500.

or for the use or benefit of the city, and of any action for damages to which

the city is a party, and upon all forfeited recognizances given to or for the

use or benefit of the city, and upon all bonds given on appeals from the

municipal court in any of the cases named in this section, when the

principal sum claimed does not exceed $2,500.

(d) Actions for the recovery of personal property belonging to the city,

when the value thereof does not exceed $2,500.

(e) Actions by the city for the collection of any damages, debts or other

obligations when the amount claimed, exclusive of costs or attorney’s

fees, or both if allowed, does not exceed $2,500.

4. Nothing contained in subsection 3 gives the municipal court

jurisdiction to determine any such cause when it appears from the

pleadings that the validity of any tax, assessment or levy, or title to real

property, is necessarily an issue in the cause, in which case the court shall

certify the cause to the district court in like manner and with the same

effect as provided by law for certification of causes by justices’ courts.

Sec. 3. Chapter 176A of NRS is hereby amended by adding thereto

the provisions set forth as sections 4 to 8, inclusive, of this act.

Sec. 4. “Mental illness” means an organic disorder of the brain or a

clinically significant disorder of thought, mood, perception, orientation,

memory or behavior which is listed in the most recent edition of the

clinical manual of the International Classification of Diseases, ICD-9

-CM, code range 290 to 302.99, inclusive, or 306 to 316, inclusive, or the

corresponding code in the most recent edition of the American

Psychiatric Association’s Diagnostic and Statistical Manual of Mental

Disorders, DSM-MD, Axes I, II or III, and which seriously limits the

capacity of a person to function in the primary aspects of daily living,

including, without limitation, personal relations, living arrangements,

employment and recreation.

Sec. 5. A court may establish an appropriate program for the

treatment of mental illness to which it may assign a defendant pursuant

to section 7 of this act. The assignment must include the terms and

conditions for successful completion of the program and provide for

progress reports at intervals set by the court to ensure that the defendant

is making satisfactory progress towards completion of the program.

Sec. 6. 1. A justice’s court or a municipal court may, upon

approval of the district court, transfer original jurisdiction to the district

court of a case involving an eligible defendant.

2. As used in this section, “eligible defendant” means a person who:

(a) Has not tendered a plea of guilty, guilty but mentally ill or nolo

contendere to, or been found guilty of, an offense that is a misdemeanor;

(b) Appears to suffer from mental illness; and

to section 5 of this act.

Sec. 7. 1. Except as otherwise provided in subsection 2, if a

defendant who suffers from mental illness tenders a plea of guilty, guilty

but mentally ill or nolo contendere to, or is found guilty of, any offense

for which the suspension of sentence or the granting of probation is not

prohibited by statute, the court may, without entering a judgment of

conviction and with the consent of the defendant, suspend further

proceedings and place the defendant on probation upon terms and

conditions that must include attendance and successful completion of a

program established pursuant to section 5 of this act.

2. If the offense committed by the defendant involved the use or

threatened use of force or violence or if the defendant was previously

convicted in this state or in any other jurisdiction of a felony that

involved the use or threatened use of force or violence, the court may not

assign the defendant to the program unless the prosecuting attorney

stipulates to the assignment.

3. Upon violation of a term or condition:

(a) The court may enter a judgment of conviction and proceed as

provided in the section pursuant to which the defendant was charged.

(b) Notwithstanding the provisions of paragraph (e) of subsection 2 of

NRS 193.130, the court may order the defendant to the custody of the

department of prisons if the offense is punishable by imprisonment in

the state prison.

4. Upon fulfillment of the terms and conditions, the court shall

discharge the defendant and dismiss the proceedings against him.

Discharge and dismissal pursuant to this section is without adjudication

of guilt and is not a conviction for purposes of this section or for

purposes of employment, civil rights or any statute or regulation or

license or questionnaire or for any other public or private purpose, but is

a conviction for the purpose of additional penalties imposed for second

or subsequent convictions or the setting of bail. Discharge and dismissal

restores the defendant, in the contemplation of the law, to the status

occupied before the arrest, indictment or information. The defendant

may not be held thereafter under any law to be guilty of perjury or

otherwise giving a false statement by reason of failure to recite or

acknowledge that arrest, indictment, information or trial in response to

an inquiry made of him for any purpose.

Sec. 8. 1. Three years after a defendant is discharged from

probation pursuant to section 7 of this act, the court shall order sealed

all documents, papers and exhibits in the defendant’s record, minute

book entries and entries on dockets, and other documents relating to the

case in the custody of such other agencies and officers as are named in

the court’s order if the defendant fulfills the terms and conditions

imposed by the court and the division. The court shall order those

records sealed without a hearing unless the division petitions the court,

for good cause shown, not to seal the records and requests a hearing

thereon.

2. If the court orders sealed the record of a defendant discharged

pursuant to section 7 of this act, the court shall send a copy of the order

to each agency or officer named in the order. Each such agency or

officer shall notify the court in writing of its compliance with the order.

Sec. 9. NRS 176A.010 is hereby amended to read as follows:

176A.010 As used in this chapter, unless the context otherwise

requires, the words and terms defined in NRS 176A.020 to 176A.080,

inclusive, and section 4 of this act, have the meanings ascribed to them in

those sections.

Sec. 10. NRS 176A.500 is hereby amended to read as follows:

176A.500 1. The period of probation or suspension of sentence may

be indeterminate or may be fixed by the court and may at any time be

extended or terminated by the court, but the period, including any

extensions thereof, must not be more than:

(a) Three years for a:

(1) Gross misdemeanor; or

(2) Suspension of sentence pursuant to NRS 453.3363[;] or section 7

of this act; or

(b) Five years for a felony.

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

may issue a warrant for violating any of the conditions of probation or

suspension of sentence and cause the defendant to be arrested. Except for

the purpose of giving a dishonorable discharge from probation, and except

as otherwise provided in this subsection, the time during which a warrant

for violating any of the conditions of probation is in effect is not part of

the period of probation. If the warrant is canceled or probation is

reinstated, the court may include any amount of that time as part of the

period of probation.

3. Any parole and probation officer or any peace officer with power to

arrest may arrest a probationer without a warrant, or may deputize any

other officer with power to arrest to do so by giving him a written

statement setting forth that the probationer has, in the judgment of the

parole and probation officer, violated the conditions of probation. Except

as otherwise provided in subsection 4, the parole and probation officer, or

the peace officer, after making an arrest shall present to the detaining

authorities, if any, a statement of the charges against the probationer. The

parole and probation officer shall at once notify the court which granted

probation of the arrest and detention or residential confinement of the

probationer and shall submit a report in writing showing in what manner

the probationer has violated the conditions of probation.

4. A parole and probation officer or a peace officer may immediately

release from custody without any further proceedings any person he

arrests without a warrant for violating a condition of probation if the

parole and probation officer or peace officer determines that there is no

probable cause to believe that the person violated the condition of

probation.

Sec. 11. NRS 179.245 is hereby amended to read as follows:

179.245 1. Except as otherwise provided in subsection 5 and NRS

453.3365, and section 8 of this act, a person who has been convicted of:

(a) Any felony may, after 15 years from the date of his conviction or, if

he is imprisoned, from the date of his release from actual custody;

(b) Any gross misdemeanor may, after 10 years from the date of his

conviction or release from custody;

constitutes domestic violence pursuant to NRS 33.018 other than a felony

may, after 7 years from the date of his conviction or release from custody;

(d) Any other misdemeanor may, after 5 years from the date of his

conviction or release from custody,

petition the court in which the conviction was obtained for the sealing of

all records relating to the conviction.

2. A petition filed pursuant to subsection 1 must be accompanied by

current, verified records of the petitioner’s criminal history received from:

(a) The central repository for Nevada records of criminal history; and

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

conviction was entered.

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

notify:

(a) The prosecuting attorney for the county; or

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

attorney for the city.

The prosecuting attorney and any person having relevant evidence may

testify and present evidence at the hearing on the petition.

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

subsection 1, the petitioner has not been arrested, except for minor moving

or standing traffic violations, the court may order sealed all records of the

conviction which are in the custody of the court, of another court in the

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

the State of Nevada, and may also order all such criminal identification

records of the petitioner returned to the file of the court where the

proceeding was commenced from, including, but not limited to, the

Federal Bureau of Investigation, the California bureau of identification

and [investigation bureau,] 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. As used in this section:

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

179D.210.

(b) “Sexual offense” has the meaning ascribed to it in NRS 179D.410.

Sec. 12. NRS 179.275 is hereby amended to read as follows:

179.275 Where the court orders the sealing of a record pursuant to

NRS 179.245, 179.255 or 453.3365, or section 8 of this act, a copy of the

order must be sent to:

1. The central repository for Nevada records of criminal history; and

2. Each public or private company, agency or official named in the

order, and that person shall seal the records in his custody which relate to

the matters contained in the order, shall advise the court of his compliance,

and shall then seal the order.

Sec. 13. NRS 179.285 is hereby amended to read as follows:

179.285 Except as otherwise provided in NRS 179.301, if the court

orders a record sealed pursuant to NRS 179.245, 179.255 or 453.3365, or

section 8 of this act, all proceedings recounted in the record are deemed

never to have occurred, and the person to whom it pertains may properly

answer accordingly to any inquiry concerning the arrest, conviction or

acquittal and the events and proceedings relating to the arrest, conviction

or acquittal.

Sec. 14. NRS 179.295 is hereby amended to read as follows:

179.295 1. The person who is the subject of the records that are

sealed pursuant to NRS 179.245, 179.255 or 453.3365 or section 8 of this

act may petition the court that ordered the records sealed to permit

inspection of the records by a person named in the petition, and the court

may order such inspection. Except as otherwise provided in this section

and NRS 179.301, the court may not order the inspection of the records

under any other circumstances.

2. If a person has been arrested, the charges have been dismissed and

the records of the arrest have been sealed, the court may order the

inspection of the records by a prosecuting attorney upon a showing that as

a result of newly discovered evidence, the person has been arrested for the

same or similar offense and that there is sufficient evidence reasonably to

conclude that he will stand trial for the offense.

3. The court may, upon the application of a prosecuting attorney or an

attorney representing a defendant in a criminal action, order an inspection

of such records for the purpose of obtaining information relating to

persons who were involved in the incident recorded.

Sec. 15. The amendatory provisions of this act do not apply to

offenses committed before October 1, 2001.

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