MINUTES OF THE
SENATE COMMITTEE ON JUDICIARY
Sixty-seventh Session
May 5, 1993
The Senate Committee on Judiciary was called to order by Chairman Mark A. James, at 2:35 p.m., on Wednesday, May 5, 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 Raymond C. Shaffer
Senator Ernest E. Adler
COMMITTEE MEMBERS ABSENT:
Senator Dina Titus
STAFF MEMBERS PRESENT:
Dennis Neilander, Senior Research Analyst
Marilyn Hofmann, Committee Secretary
OTHERS PRESENT:
Rob Calderone, Director, Washoe County Juvenile Services, Washoe County, Nevada
The chairman announced the meeting would be a work session on those bills set forth on Exhibit A.
SENATE BILL 10: Revises procedure for evaluation of certain persons convicted of driving under the influence of alcohol or controlled substances to determine if such persons can be assigned to program for treatment.
Senator James stated S.B. 10 would repeal the evaluation portion of the "305 Program" from Nevada Revised Statutes (NRS) 484.3796 and place it within Chapter 209 of NRS. He said the two crimes being dealt with are (1) third offense drunk driving, a felony; and (2) drunk driving which results in death or bodily injury, a felony. Senator James indicated there were two changes: (1) Instead of a court being required to order an offender to be evaluated to determine whether he or she is an alcoholic or chronic drug abuser, the director of the Department of Prisons would have the discretion to require such evaluation; and (2) psychologists would be placed on the list of persons who could conduct such evaluations.
Senator Adler questioned whether the word "certified" should be added to describe psychologists. Senator McGinness said his notes stated the language should read, "Psychologists certified to make that classification by the Board of Psychological Examinations." Senator Adler agreed that was the correct language. Senator James also reminded the committee of earlier discussions regarding the fact that a "one-time offender" would not have the option of obtaining treatment and being placed into the release program, while a person who has committed a felony offense would. The chairman described this as "an inconsistency in the law." Senator Adler said "misdemeanor offenders" could petition for an "alcohol diversion program" which, if completed, could reduce their sentences.
SENATOR ADLER MOVED TO AMEND AND DO PASS S.B. 10.
SENATOR JACOBSEN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR TITUS WAS ABSENT FOR THE VOTE.)
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SENATE BILL 78: Prohibits persons and organizations not licensed to place children for adoption from advertising certain services relating to adoption of children.
Senator Adler indicated he had discussed this matter with the sponsor of the bill, Senator Diana Glomb, and with the Nevada State Press Association. He then presented an amendment to the bill, which is attached hereto as Exhibit C. Senator Adler stated the major concern which led to the legislation was the matter of out-of-state attorneys "connecting people and essentially selling Nevada babies...to persons who wished to adopt in Nevada." He said the language of the original legislation would punish groups who were in existence to give advice to pregnant teenagers and other organizations of that kind. Senator Adler stated this was not the intention of the bill's sponsors. He said S.B. 78 now set forth that an out-of-state attorney may not receive compensation for taking part and finding children for adoption, or for finding parents to adopt children in Nevada. Senator Adler made it clear the bill provides an attorney may receive compensation for legal services which relate to adoption proceedings. He continued to say if an attorney advertised that he would "connect people with adoptive parents or find children for adoption for a fee," the state Welfare Division would have the opportunity to notify the state bar association so it might take action against that attorney.
Senator Adler referred to section 2 (3) set forth on Exhibit C. He said there was a concern on the part of the press association regarding the acceptance of advertising and the possibility members of the press might be guilty of "aiding and abetting...violating the law." He said the language in section 2 relieves the press from any civil liability in such event.
Senator James questioned why a person who violated the statute would be charged with a misdemeanor, while a person who "aided and abetted" the person could be charged with a gross misdemeanor. Senator Adler stated he believed both crimes should be classified as misdemeanors.
SENATOR SMITH MOVED TO AMEND AND DO PASS S.B. 78.
SENATOR ADLER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR TITUS WAS ABSENT FOR THE VOTE.)
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SENATE BILL 155: Limits liability of certain persons responding to emergency involving hazardous materials.
Senator Jacobsen addressed the amendment to the bill, set forth as Exhibit D. He indicated he has talked with persons from fire-fighting agencies, paramedics and "first responders," who have agreed with the language of the bill as amended. Senator Adler indicated the original language of S.B. 155 placed employees of organizations who provide emergency medical services under the "Good Samaritan Act." He said the bill has been amended to place those persons under the general governmental immunity statutes. Senator James asked if the "gross negligence rule" still applied. Senator Adler responded a person could be grossly negligent and still be immune under this amendment. However, he said, the governmental entity could be held liable.
Senator Jacobsen explained many volunteer group members are reluctant to remain involved if they could be held liable for their actions when responding to an accident involving hazardous materials. He said he believed S.B. 155 was good legislation and will protect those volunteers who wish to respond to accidents.
SENATOR JACOBSEN MOVED TO AMEND AND DO PASS S.B. 155.
SENATOR ADLER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR TITUS WAS ABSENT FOR THE VOTE.)
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SENATE BILL 392: Changes name of probation department and probation committee in certain counties and expands authority of committee responsible for certain juvenile services in those counties.
Senator James indicated the bill had been previously passed out of the committee with a vote of amend and do pass, the only amendment being to the title of the bill. He said the committee wished to change the title to omit the words, "...expanding the authority of the committee responsible for certain juvenile services...," Senator James said he was subsequently contacted by legislative counsel indicating the title of the bill could not be changed in that manner.
Dennis Neilander, Senior Research Assistant, explained the problem regarding the expansion of authority within the Department of Juvenile Services. Mr. Neilander said the old law provided for committee's advice regarding probation officers and the new language indicates "all employees of the department." He indicated broader authority was also given in the matter of advice regarding detention homes and facilities, which was expanded to "advice regarding management of the department."
SENATOR SMITH MOVED TO RESCIND THE ACTION OF THE COMMITTEE ON APRIL 23, 1993, WHEREIN THE VOTE WAS TO AMEND AND DO PASS S.B. 392.
SENATOR McGINNESS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR TITUS WAS ABSENT FOR THE VOTE.)
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Senator James indicated they would discuss a bill which was not on the agenda, i.e., Assembly Bill (A.B.) 347.
ASSEMBLY BILL 347: Requires equal disposition of community property of parties in proceeding for divorce under certain circumstances.
SENATOR SMITH MOVED TO DO PASS A.B. 347.
SENATOR McGINNESS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR TITUS WAS ABSENT FOR THE VOTE.)
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Senator James returned to a discussion of S.B. 392. He asked Rob Calderone, Director, Washoe County Juvenile Services, to offer remarks. Mr. Calderone referred to the earlier discussion and apologized "...for missing what the bill drafter obviously caught." He said his agency had only asked to make a change from "Probation Department" to "Department of Juvenile Services," and to change the name of the "Probation Committee" to "Committee for Juvenile Services." Mr. Calderone referred to the sections of the bill regarding the committee's advice to the director or the court on certain matters. He said the language in the bill "...is the way we operate right now." Mr. Calderone indicated the committee advises him regarding the total operation of the Department of Probation or the Department of Juvenile Services.
Mr. Calderone explained the seven-member Probation Committee was a citizen committee appointed by the Family Court Judge. He said the committee meets with him on a monthly basis and help him set policies and procedures for the agency. Mr. Calderone stated they have never been limited regarding what subjects could be discussed. He stressed S.B. 392 provided "...a change in language but not a change in our operation...I have always asked for their advice in matters which are delineated here."
Senator James indicated the bill would be discussed again at a later date.
There being no further business to come before the committee, the meeting was adjourned.
RESPECTFULLY SUBMITTED:
Marilyn Hofmann,
Committee Secretary
APPROVED BY:
Senator Mark A. James, Chairman
DATE:
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Senate Committee on Judiciary
May 5, 1993
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