MINUTES OF THE

      ASSEMBLY COMMITTEE ON JUDICIARY

 

      Sixty-seventh Session

      May 6, 1993

 

 

 

The Assembly Committee on Judiciary was called to order by Chairman Robert M. Sader, at 8:10 a.m., on Thursday, May 6, 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. Gene T. Porter, Vice Chairman

      Mr. Bernie Anderson

      Mr. John Bonaventura

      Mr. Tom Collins, Jr.

      Mr. Ken L. Haller

      Mr. William A. Petrak

      Mr. John B. Regan

      Ms. Stephanie Smith

      Mr. Louis A. Toomin

      Mr. John C. Carpenter

      Mr. James A. Gibbons

      Mr. William D. Gregory

      Mr. Scott Scherer

 

COMMITTEE MEMBERS ABSENT:

 

      Mr. William D. Gregory

      Mr. Michael A. Schneider

 

STAFF MEMBERS PRESENT:

 

      Ms. Denice Miller, Research Analyst

 

OTHERS PRESENT:

 

      Mr. Larry Struve, Director Nevada Department of Commerce (DOC); Ms. Kay Zunino, Welfare Division, Child Support Enforcement; Ms. Mary Beth Gardner, Attorney at Law representing the Nevada Attorneys for Criminal Justice.

 

 

Assembly Joint Resolution 31 -      Urges Congress to require return of unclaimed securities distributions held by intermediaries to states from which they were paid.

 

Mr. Larry Struve, Director Nevada Department of Commerce (DOC), addressed the committee on behalf of the Unclaimed Property Division of DOC, and requested passage of AJR 31.  Mr. Struve distributed Exhibit C to the committee members.  He provided a background for the creation of AJR 31 and suggested passage would send a message to the U.S. Supreme Court indicating Nevada did not approve of the decision discussed in Exhibit C.  Mr. Struve pointed out AJR 31 was the first resolution presented to a state legislature since the Supreme Court decision on March 30, 1993.

 

There being no further testimony, the hearing was closed on AJR 31.

 

Senate Bill 164 -Provides additional remedy to enforce order of court requiring parent to obtain health insurance for his child.

 

Ms. Kay Zunino, Welfare Division, Child Support Enforcement, read Exhibit D into the record.

 

There being no further testimony, the hearing was closed on SB 164.

 

Assembly Bill 525 -     Extends statute of limitations for prosecution of sexual abuse of child under certain circumstances.

 

Assemblyman Scott Scherer, District 2, provided an explanation of AB 525.  He stated the bill was drafted after a constituent complained she had attempted to file charges and was told the statute of limitations had expired.

 

Mr. Carpenter suggested 28 years old was too old to file charges.  Mr. Scherer responded he had requested 10 years after the age of majority, therefore, age 28 was appropriate.

 

Mr. Collins inquired if the action was civil action.  Mr. Scherer answered it was criminal action.

 

Ms. Mary Beth Gardner, Attorney at Law representing the Nevada Attorneys for Criminal Justice, stated her objections to AB 525.  She believed it undermined the purposes of a criminal statute of limitations.  After long periods of time, it was nearly impossible to defend against charges.  The bill was clearly an overreaction.

 

Mr. Porter interjected to advise Ms. Gardner through the work of Assemblyman Smith, as of May 5, 1993, the conference committee on a similar bill for a civil cause of action for sexual abuse was extended for a 10 year period past the age of majority.  The civil statute went to age 28, which was the same as this bill.  Ms. Gardner stressed in a civil context this was permissible.  She went on to explain the difference between the civil action and the criminal action.  According to Ms. Gardner, AB 525 imposed a subjective standard.

 

The hearing was closed on AB 525.

 

Assembly Joint Resolution 31 -      Urges Congress to require return of unclaimed securities distributions held by intermediaries to states from which they were paid.

 

      ASSEMBLYMAN SCHERER MOVED TO DO PASS AJR 31.

 

      ASSEMBLYMAN SMITH SECONDED THE MOTION.

 

      THE MOTION CARRIED UNANIMOUSLY.

 

Assembly Bill 525 -     Extends statute of limitations for prosecution of sexual abuse of child under certain circumstances.

 

      ASSEMBLYMAN REGAN MOVED DO PASS ON AB 525.

 

      ASSEMBLYMAN BONAVENTURA SECONDED THE MOTION.

 

      THE MOTION CARRIED. (ASSEMBLYMEN HALLER AND CARPENTER VOTED NO.  ASSEMBLYMEN GREGORY AND SCHNEIDER WERE ABSENT AT THE TIME OF THE VOTE.)

 

Senate Bill 164 -Provides additional remedy to enforce order of court requiring parent to obtain health insurance for his child.

 

      ASSEMBLYMAN ANDERSON MOVED DO PASS ON SB 164.

 

      ASSEMBLYMAN PORTER SECONDED THE MOTION.

 

      THE MOTION CARRIED UNANIMOUSLY.

 

 

 

There being no further business to come before committee, the meeting was adjourned at 8:30 a.m.

 

      RESPECTFULLY SUBMITTED:

 

 

                             

      LINDA BLEVINS

      Committee Secretary

??

 

 

 

 

 

 

 

Assembly Committee on Judiciary

May 6, 1993

Page 1