MINUTES OF THE

      ASSEMBLY COMMITTEE ON JUDICIARY

 

      Sixty-seventh Session

      April 30, 1993

 

 

The Assembly Committee on Judiciary was called to order by Chairman Robert M. Sader, at 8:10 a.m., on Friday, April 30, 1993, in Room 332 of the Legislative Building, Carson City, Nevada.  Exhibit A is the Meeting Agenda.  Exhibit B is the Attendance Roster.

 

 

COMMITTEE MEMBERS PRESENT:

 

      Mr. Robert M. Sader, Chairman

      Mr. Bernie Anderson

      Mr. John Bonaventura

      Mr. Tom Collins, Jr.

      Mr. James A. Gibbons

      Mr. William D. Gregory

      Mr. Ken L. Haller

      Mr. William A. Petrak

      Mr. John B. Regan

      Mr. Scott Scherer

      Ms. Stephanie Smith

      Mr. Louis A. Toomin

 

COMMITTEE MEMBERS ABSENT:

 

      Mr. Michael A. Schneider

      Mr. John C. Carpenter

      Mr. Gene T. Porter, Vice Chairman

 

STAFF MEMBERS PRESENT:

 

      Ms. Denice Miller, Research Analyst

 

OTHERS PRESENT:

 

      Mr. Robert Gaston, Judge; Ms. Judith Allan Rodriguez, Office of the Attorney General; Mr. Dan Prince, Child and Family Services Division and the Governor's State Juvenile Justice Advisory Group; Mr. Rob Calderone, Washoe County Juvenile Probation; Mr. Randy Oaks, Las Vegas Metropolitan Police Department;  Ms. Valerie Cooney, Nevada Trial Lawyers Association; Ms. Bobbie Gang, representing the Nevada Women's Lobby; Ms. Sharon E. Claassen, Attorney at Law; Ms. Kay Zunino, Chief, Support Enforcement Program, Welfare Division; Judge David Gamble; Judge Mike Griffin; Mr. Randy Jording, Nevada Office of Protection and Advocacy; Dr. John Mareno, Nevada Mental Health Institute; Ms. Cynthia Pyzel, Attorney General's office; Ms. Mary Henderson, Washoe County.

Assembly Bill 464 -     Prohibits harboring children who run away from home.

 

Mr. Robert Gaston, Judge, Clark County, and Ms. Judith Allan Rodriguez, Office of the Attorney General, came forward to testify.  Mr. Gaston produced Exhibit C for the committee's perusal.  The exhibit provided suggested amendments to AB 464.  Mr. Gaston explained to the committee the basis for the development of the bill.

 

Ms. Rodriguez distributed Exhibit D and reinforced the figures quoted in the exhibit.  She expressed concern to the committee over the runaway situation in Nevada.  She outlined juvenile flight pattern and emphasized the seriousness of this problem.  She believed this bill was a step in the right direction.

 

Chairman Sader stated he believed the proposed amendment (Exhibit C) dealt with his main concerns of the bill.  He then asked how someone could prove the "intent to assist."  Mr. Gaston responded this recommendation was made by the Attorney General's office and concurred by the Nevada Trial Lawyer's Association as it was consistent with other crimes in regard to intent.  Mr. Sader and Mr. Gaston further discussed this point.

 

Mr. Anderson posed a scenario to Mr. Gaston and interchanges ensued.  Mr. Gaston again referenced "intent to assist" as stated in Exhibit C.  Mr. Anderson's concerns centered around protection for parents who unknowingly harbored a child.  Mr. Gaston pointed out Section 2a of the proposed amendment.

 

Mr. Toomin inquired about the protection for people harboring a child of abuse.  Mr. Gaston called attention to the legal obligations of reporting abusive situations.

 

Mr. Haller asked the definition of "child."  Mr. Gaston replied a juvenile was under 18 years of age.  Mr. Haller and Mr. Gaston discussed a situation where a mistreated, not abused, child was harbored knowingly.

 

Ms. Smith questioned if a child ran away and committed a crime, was the parent liable.  Mr. Gaston responded the parent was still responsible.  Ms. Smith did not believe the phrase "remaining away from home" was a necessary part of this bill.

 

Mr. Scherer concurred with Ms. Smith's statements regarding "remaining away from home."  He asserted Mr. Anderson had made a valid point with reference to "intent to assist."  Mr. Scherer and Mr. Gaston examined these points.

 

Mr. Petrak believed legislation should state parents must be required to contact the child's family if he was staying overnight.

 

 

Mr. Dan Prince, Child and Family Services Division and the Governor's State Juvenile Justice Advisory Group, read Exhibit E into the record.  He concluded by stating opposition to AB 464.

 

Mr. Rob Calderone, Washoe County Juvenile Probation, expressed agreement with Mr. Prince's testimony.

 

Mr. Randy Oaks, Las Vegas Metropolitan Police Department, maintained support for AB 464 and delivered Exhibit F to the committee.  Mr. Scherer asked how this statute would assist law enforcement officials.  Mr. Oaks declared often illegal acts occurred but could not be proven; however, this would institute a simpler burden of proof to establish a person harbored a runaway.  He believed this was a good start at getting juveniles removed from persons engaged in illegal activities.

 

Ms. Valerie Cooney, Nevada Trial Lawyers Association, spoke in support of AB 464, but had concerns regarding the language of the bill.  She offered assistance in working on the bill.

 

Ms. Bobbie Gang, representing the Nevada Women's Lobby, supported the intent of AB 464; however, she wanted to review proposed amendments.

 

There being no further testimony, the hearing was closed on AB 464.  Chairman Sader asked Mr. Gaston to work with the testifiers on the bill to compose appropriate amendments.

 

Assembly Bill 540 -     Revises provisions governing issuance of protective orders for victims of domestic violence.

 

Mr. Robert Gaston, Judge, Clark County, provided proposed amendments in the form of Exhibit G.  He outlined the background of the bill and detailed the suggested amendments.

 

Ms. Sharon E. Claassen, Attorney at Law, came forward to support Mr. Gaston's testimony and proposed amendments. 

 

Mr. Porter inquired who would make the phone calls as stated in the amendments.  Mr. Gaston stressed it was the intent for each jurisdiction choosing to do this to have a centralized hotline system.  Mr. Porter stated NRS 33.020, referenced in the amendments, required a verified application, and he wanted to know who would supply said application.  Mr. Gaston understood it was not possible to supply an application in writing under this circumstance.  Further discussion followed attempting clarification on this point.  Mr. Sader asked for additional information regarding this issue.  Mr. Gaston responded with further details.  Exchanges between Mr. Sader and Mr. Gaston resulted.

 

 

Mr. Scherer proposed a requirement to file a verified application within a prescribed time limit.  The period of one business day was suggested.

 

There being no further testimony, the hearing was closed on AB 540.

 

Assembly Bill 502 -     Makes various changes to provisions governing support of dependent children.

 

Ms. Kay Zunino, Chief, Support Enforcement Program, Welfare Division, read her written testimony (Exhibit H) into the record.  She was accompanied by Judges David Gamble and Mike Griffin.

 

Mr. Griffin and Mr. Gamble supported AB 502 and stressed the judges they had surveyed also supported the bill.

 

Ms. Zunino addressed Sections 7 and 8 of AB 502 at the request of Chairman Sader.  She referred Mr. Sader to pages 3, 4 and 5 of Exhibit H.

 

The hearing was closed on AB 502.

 

Assembly Bill 523 -     Expands exclusive jurisdiction of family court to include proceedings for involuntary court-ordered admission to mental health facility.

 

Mr. Randy Jording, Nevada Office of Protection and Advocacy, expressed support for AB 523.  He believed this would improve due process for clients and remove some burden from the civil courts.

 

Dr. John Marino, Sr. Psychiatrist for Nevada Mental Health Institute, supported AB 523.  He stated the bill was vital and prudent. 

 

Ms. Cynthia Pyzel, Attorney General's office, agreed with previous testimony.  This bill substantially enhanced treatment of the mentally ill people in Nevada.  She urged passage.

 

Chairman Sader indicated because the bill appeared to shift burdens between the court system, he expected comments from the court system.  Ms. Pyzel had spoken with Judge McGee, family court, and she assumed it was cleared with the rest of the district.

 

Ms. Mary Henderson, Washoe County, advised the committee she had anticipated Assemblyman Humke would be with her; however, in his absence, she submitted Exhibit I to the committee.

 

Judge Gaston had no knowledge of the bill before today and was not prepared to testify.  He commented he would discuss it with his colleagues.

 

 

Ms. Henderson was requested by Mr. Sader to provide written confirmation from the Eighth Judicial District supporting AB 523.

 

Assembly Bill 502 -     Makes various changes to provisions governing support of dependent children.

 

      ASSEMBLYMAN PORTER MOVED TO DO PASS A.B. 502.

 

      ASSEMBLYMAN SMITH SECONDED THE MOTION.

 

      THE MOTION CARRIED UNANIMOUSLY.

 

Assemblyman Smith distributed an amendment for AB 462 to be considered at a later date.

 

There being no further business to come before committee, the meeting was adjourned at 9:30 a.m.

 

      RESPECTFULLY SUBMITTED:

 

 

                             

      LINDA BLEVINS

      Committee Secretary

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Assembly Committee on Judiciary

May 6, 1993

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