MINUTES OF THE
SENATE COMMITTEE ON JUDICIARY
Sixty-seventh Session
March 23, 1993
The Senate Committee on Judiciary was called to order by Chairman Mark A. James, at 4:40 p.m., on Tuesday, March 23, 1993, in Room 224 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda. Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Senator Mark A. James, Chairman
Senator R. Hal Smith, Vice Chairman
Senator Lawrence E. Jacobsen*
Senator Mike McGinness
Senator Dina Titus*
Senator Raymond C. Shaffer
Senator Ernest E. Adler
STAFF MEMBERS PRESENT:
Dennis Neilander, Senior Research Analyst
Maddie Fischer, Primary Secretary
Marilyn Hofmann, Committee Secretary
OTHERS PRESENT:
Ben Graham, Nevada District Attorneys Association
Kevin Higgins, Deputy Attorney General, State of Nevada, Office of the Attorney General
Senator James announced the meeting was a scheduled work session, to discuss those bills set forth on Exhibit A. The chairman indicated he wished to continue the practice of acting on legislation in a work session, although those sessions may be scheduled following a regular committee meeting. Senator James advised the committee:
In my experience this year I have found a lot of things come up after the hearing. There are times when somebody misses something or forgets something. A couple of people have pointed out some relevant things we missed the first time. I think by waiting a few days, we actually get a better lawmaking process out of this, so I am going to try to continue to wait a few days so we get that extra input.
* Committee member only present for a portion of the meeting. This is noted in the body of the minutes.
The chairman advised those present that the agendas are now posted at least 5 days prior to the meeting, and the committee expects those who wish to testify to be present at the time the bills are heard. He indicated, however, he would use his discretion regarding those individuals who may wish to add additional testimony or answer questions during a work session.
SENATE BILL 155: Limits liability of certain persons responding to emergency involving hazardous materials.
ASSEMBLY BILL 115: Protects certain persons and organizations from liability for damages in regulating and removing hazardous materials.
Senator James indicated there was legislation in the assembly which was moving toward passage which dealt with the same subject matter as S.B. 155. He reminded the committee of the concerns expressed during the hearing on the bill. The chairman appointed a subcommittee consisting of Senator Jacobsen, Senator Adler and Senator McGinness, to study S.B. 155, together with A.B. 115.
SENATE BILL 164: Provides additional remedy to enforce order of court requiring parent to obtain health insurance for his child.
Senator James indicated a number of concerns had been raised concerning the legislation, and he would hold the bill for a later hearing and/or work session.
SENATE BILL 225: Authorizes issuance of subpena by attorney general or district attorney in criminal investigation of racketeering.
Senator James indicated this was placed on the agenda in error, and would not be discussed at this time.
SENATE BILL 226: Expands provision concerning circumstances under which state may take unclaimed property held by intermediary in another state.
Senator James discussed Amendment No. 139 to S.B. 226, a copy of which is attached hereto as Exhibit C. Dennis Neilander, Senior Research Analyst, explained the language added as the last paragraph of the amendment was done to make sure such items as traveler's checks and other types of intangible property are not brought into the purview of the legislation.
SENATOR ADLER MOVED TO AMEND AND DO PASS S.B. 226.
SENATOR SHAFFER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR TITUS AND SENATOR JACOBSEN WERE ABSENT FOR THE VOTE.)
* * * * *
SENATE BILL 234: Requires department of parole and probation to approve or assist in development of plan for placement of prisoner released on parole.
Mr. Neilander explained Amendment No. 97 to S.B. 234, which is set forth as Exhibit D. He said the amendment clarified the duties of the department of parole and probation do not arise until the inmate has been approved for parole.
SENATOR SMITH MOVED TO AMEND AND DO PASS S.B. 234.
SENATOR McGINNESS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR TITUS AND SENATOR JACOBSEN WERE ABSENT FOR THE VOTE.)
* * * * *
ASSEMBLY BILL 49:Requires judgments of conviction and imprisonment to include term of imprisonment and amount and terms of any fine, restitution or administrative assessment.
SENATOR SMITH MOVED TO DO PASS A.B. 49.
SENATOR McGINNESS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR TITUS AND SENATOR JACOBSEN WERE ABSENT FOR THE VOTE.)
* * * * *
ASSEMBLY BILL 52:Imposes civil liability for value of certain stolen property and damage to certain property.
Senator James discussed Amendment No. 138 to A.B. 52.
SENATOR SMITH MOVED TO AMEND AND DO PASS A.B. 52.
SENATOR McGINNESS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR JACOBSEN AND SENATOR TITUS WERE ABSENT FOR THE VOTE.)
* * * * *
ASSEMBLY BILL 58:Expands aggravated circumstances under which death penalty may be imposed.
Senator James asked Ben Graham, Nevada District Attorneys Association, a question regarding the language in section 2, which states, "The amendatory provisions of this act do not apply to murders which are committed before October 1, 1993." The chairman questioned that language, and Mr. Graham indicated it had to do with adequate notice.
SENATOR SMITH MOVED TO DO PASS A.B. 58.
SENATOR McGINNESS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR TITUS AND SENATOR JACOBSEN WERE ABSENT FOR THE VOTE.)
* * * * *
Senators Titus and Jacobsen entered the room at 4:55 p.m.
SENATE BILL 259: Authorizes person who receives wire or oral communication to record communication under certain circumstances.
ASSEMBLY BILL 142: Expands cases in which interception of wire or oral communications may be authorized.
Senator James reminded the committee of Senator Lori L. Brown's testimony on S.B. 259, regarding whether or not a one-party wiretap should be allowed in a situation which could lead to a confession. He said A.B. 142 expands the circumstances under which such a wiretap or one-party consent can be authorized. Senator James pointed out the assembly committee added language regarding a sexual offense against a child to the existing legislation. He said Senator Titus had suggested placing language from S.B. 259 regarding stalking into A.B. 142, or conversely, place the language from A.B. 142 into S.B. 259. Mr. Neilander indicated Senator Brown has requested an amendment to S.B. 259, pursuant to discussions in the committee. He said she had asked to address four concerns: (1) the limitation of the bill to stalking; (2) the limitation of admissibility to the particular stalking crime which was the subject of the conversations being recorded; (3) condition the recording "on the reasonable belief that the information would go towards proving an element of the crime," and (4) a requirement that within 24 hours after recording the conversation, a warrant would have to be obtained. Mr. Neilander stated the requested amendment had not been returned from the bill drafter.
Senator James indicated S.B. 259 would be held for consideration at a later date.
SENATOR TITUS MOVED TO DO PASS A.B. 142.
SENATOR McGINNESS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
ASSEMBLY BILL 59:Revises definition of "robbery" to include theft in which force or fear is used as means of escape.
Ben Graham, Nevada District Attorneys Association, requested the bill be placed into a subcommittee. Senator James appointed a subcommittee to consist of himself and Senator Adler.
ASSEMBLY BILL 63:Requires separate penalty hearing in all criminal cases which result in conviction of defendant for murder of first degree.
Senator James stated he had received a call from the Judge Thompson, asking if the legislature wished to extend the policy of having sentencing done by juries in non-death penalty cases, since there is no constitutional requirement that they do so. The chairman questioned whether that issue was addressed in the hearing on the bill.
Ben Graham, Nevada District Attorneys Association, said at this time juries are sentencing in non-death penalty cases, but not with any information not already in the hands of the judges. Senator James stated Judge Thompson asked why that function could not be removed from a jury and placed in the judge's province in non-death penalty cases. Mr. Graham said he would like to discuss this matter with Judge Thompson. Senator James indicated A.B. 63 would be held for later consideration.
ASSEMBLY BILL 65:Allows testimony given before magistrate at hearing or examination to be admitted at trial if witness persistently refuses to testify despite order of judge to do so.
Senator James discussed Amendment No. 106 to A.B. 65.
SENATOR SMITH MOVED TO AMEND AND DO PASS A.B. 65.
SENATOR McGINNESS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
ASSEMBLY BILL 67:Authorizes city or county to designate parking enforcement officers to prepare, sign and serve citations for violations of parking ordinances.
Mr. Neilander stated there was a concern that the intent of the bill was extended so parking enforcement officers could "issue citations for violations of state law." He indicated those who requested the bill wished to have this be the intent, "...because the judge looks at the statute and sees that parking people are not included...they have to then argue that does not mean they can write a citation." Senator Adler suggested the language on line 8 of the bill read, "...accused of violating a county, city ordinance or state law." Mr. Neilander stated:
Not only are you then allowing parking attendants to issue citations, but it would include all the people on the list...who would then be entitled to issue a citation for any violation of a state law...this could include building inspectors and zoning personnel....
Senator Adler said he did not believe building inspectors would begin "to run around issuing traffic tickets," but it would take away legal arguments if the language he suggested were added. Senator James stressed political subdivisions have been delegated certain powers by the legislature, and now the legislature needs to give them the power to appoint people to enforce those powers. He concluded:
It isn't that they want them to issue citations for violations of state laws, but only city or county ordinances which they adopt pursuant to the authority we have given them....
Mr. Neilander stated Nevada Revised Statutes (NRS) 244.357 authorizes local governments to adopt parking laws and states they cannot adopt anything which is in conflict with NRS. He said all the local governments which have parking ordinances have adopted them pursuant to that statute.
SENATOR SMITH MOVED TO DO PASS A.B. 67.
SENATOR ADLER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
ASSEMBLY BILL 79:Restricts use of videotaped deposition at criminal trial.
Senator James raised the issue of whether findings needed to be made contemporaneously with the time the deposition was admitted. He asked Kevin Higgins, Deputy Attorney General, State of Nevada, Office of the Attorney General, to approach the committee to address the issue. Senator James referred to a letter submitted by Mr. Higgins, attached hereto as Exhibit E, and discussed the suggested amendments thereon. The chairman and Mr. Higgins agreed on the language of the amendments. Senator James stated he wanted to make sure findings regarding a child's trauma were made, because depositions may be taken a long time before trial, and the conditions may not exist at the time of trial.
SENATOR SMITH MOVED TO AMEND AND DO PASS A.B. 79.
SENATOR TITUS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Senator James indicated he had reviewed the recommendations set forth in an earlier hearing regarding child support issues (Exhibit F) and suggested bill drafts be requested along the lines of technical amendments in the earlier recommendation report. He also referred to "amounts and components of child support awards" and indicated there were four requests: (1) to raise the presumptive ceiling from $500 to $1,000; (2), (3) and (4) changes in law so medical insurance premiums, medical expense payments and child care expenses were prorated between the parties based upon income. Senator James stated, "I thought as a compromise, since there are dueling sides on this, that we could in this session consider the three prorations...and wait on the presumptive ceiling going to $1,000."
Senator Adler agreed, but said the proration concerning day care needed to include a factor which subtracted the sum from the statutory amount.
Senator James stated there were also suggestions regarding rules for applying child support, i.e., the "first mortgage approach." He said another recommendation was to give courts the discretion to give partial abatement during extended visitation under certain circumstances, but not automatically. Senator James stated the last recommendation was to give the courts the power to waive support if visitation was withheld. The chairman said he would not recommend a bill draft pertaining to interpretative assistance and study commissions.
SENATOR SMITH MOVED TO REQUEST BILL DRAFTS BASED UPON THE RECOMMENDATIONS SET FORTH ABOVE.
SENATOR ADLER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
RESPECTFULLY SUBMITTED:
Marilyn Hofmann,
Committee Secretary
APPROVED BY:
Senator Mark A. James, Chairman
DATE:
??
Senate Committee on Judiciary
March 23, 1993
Page 1