Carson City (Thursday), April 3, 1997

Senate called to order at 10:39 a.m.
President Hammargren presiding.
Roll called.
All present.

Prayer by the Chaplain, Wallace R. Keller, First Counselor to the President of the Carson City Stake, Church of Jesus Christ of Latter-Day Saints.
Our kind and wise Father in Heaven, we approach Thee in prayer this day to express our gratitude and thanks to Thee for our blessings. We thank Thee for the beauty of the earth, especially during this spring season. We thank Thee for this great nation in which we live and for the freedoms which we enjoy. We express our love for the men and women who have given of their time, talents, energies and even their lives to preserve these eternal values. We thank Thee for the beautiful natural resources of this state and pray that we will be wise stewards of them. Today, my dear Father, we pray for Thy Spirit to prevail upon those who will participate in the agenda of this day that they will be blessed with a spirit of cooperation, that their minds will be clear, and that they will do Thy will respecting the decisions which will be made today. We pray for the courage to do what is best and right for the good of the citizens of this state. In conclusion, we pray a special blessing to be upon our youth that they will be taught in their homes to be strong and resist the evil influences of drugs, sex and gangs. Once again, we express our love for Thee and place our trust in Thy hands. In the name of Jesus Christ.

Amen.

Pledge of allegiance to the Flag.

Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.

William J. Raggio,

Chairman

Assembly Chamber, Carson City, April 2, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 188.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 213, 250.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

Remarks by Senator Schneider.
Senator Schneider requested that his remarks be entered in the Journal.
Thank you, Mr. President. Today is Realtor Day here in Nevada. With me, I have the President of the Realtors, Mary McIntosh and past President of the State Association of Realtors, Jack Woodcock. As you know, the realtors handle the largest investment in everybody's life. They handle the sale of their homes which is the largest investment for most people. They handle all transactions of real property in this state. It is the biggest business in this state on an ongoing basis. Just add up the value of real estate transacted by realtors every year and I know that outstrips the gaming revenue that we have in this state.
Senator Schneider moved the adoption of the resolution.
Resolution adopted.
Senator Schneider moved that all rules be suspended and that Senate Concurrent Resolution No. 24 be immediately transmitted to the Assembly.
Motion carried.

By the Committee on Government Affairs:
Senate Bill No. 263--An Act relating to state personnel; authorizing the state controller to establish a program allowing state officers and employees to purchase computer software and hardware for their personal use utilizing the purchasing and contracting authority of this state and deductions from payroll; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By Senators Titus and Wiener:
Senate Bill No. 264--An Act relating to crimes; providing an enhanced penalty for the intimidation, assault or battery of a person who operates a vehicle as part of a public mass transportation system; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By Senators Titus, Adler, Coffin, Mathews, Neal, O'Donnell, Porter, Regan, Schneider, Shaffer and Wiener:
Senate Bill No. 265--An Act relating to crimes; increasing the penalty for certain crimes related to the unauthorized use of a telephone to a felony; making other various changes to such crimes; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By Senators Titus and Wiener:
Senate Bill No. 266--An Act relating to hazardous materials; revising provisions governing highly hazardous substances; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Natural Resources.
Motion carried.

By Senator Augustine:
Senate Bill No. 267--An Act relating to financial institutions; revising the provisions governing the closure of certain financial institutions on Saturdays, Sundays and holidays; authorizing the commissioner of financial institutions to waive or modify Nevada law under certain circumstances; and providing other matters properly relating thereto.
Senator Augustine moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

By Senators Shaffer, Schneider, Titus, Regan, Coffin and Townsend:
Senate Bill No. 268--An Act relating to real property; providing a lien for a real estate broker upon commercial real estate; and providing other matters properly relating thereto.
Senator Shaffer moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

Assembly Bill No. 188.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assembly Bill No. 213.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assembly Bill No. 250.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

TEXT OF REPEALED SECTION

200.375Limitations on parole.
1. A person convicted of sexual assault or attempted sexual assault may not be paroled unless a board consisting of:
(a) The administrator of the mental hygiene and mental retardation division of the department of human resources;
(b) The director of the department of prisons; and
(c) A psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada,
certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others.
2. For the purposes of this section, the administrator and the director may each designate a person to represent him on the board.".
Amend the title of the bill by deleting the second and third lines and inserting:
"certain crimes may be released on parole; requiring certification by a psychologist or a psychiatrist before offenders convicted of certain crimes may be released on probation; and providing other matters properly relating thereto.".
Amend the summary of the bill, first line, by deleting "by panel".

Senator James moved the adoption of the amendment.
Motion carried.
Senator James moved that Senate Bill No. 5 be re-referred to the Committee on Finance.
Remarks by Senator James.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Finance.

Senate Bill No. 6.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 89.
Amend the bill as a whole by renumbering sections 1 through 3 as sections 4 through 6 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
"Section 1. NRS 176.015 is hereby amended to read as follows:
176.015 1. Sentence must be imposed without unreasonable delay. Pending sentence the court may commit the defendant or continue or alter the bail.
2. Before imposing sentence the court shall:
(a) Afford counsel an opportunity to speak on behalf of the defendant; and
(b) Address the defendant personally and ask him if he wishes to make a statement in his own behalf and to present any information in mitigation of punishment.
3. Before imposing sentence the court shall afford the victim an opportunity to:
(a) Appear personally, by counsel or by personal representative; and
(b) Reasonably express any views concerning the crime, the person responsible, the impact of the crime on the victim and the need for restitution.
4. The prosecutor shall give reasonable notice of the hearing to impose sentence to:
(a) The person against whom the crime was committed;
(b) A person who was injured as a direct result of the commission of the crime;
(c) The surviving spouse, parents or children of a person who was killed as a direct result of the commission of the crime; and
(d) Any other relative or victim who requests in writing to be notified of the hearing.
Any defect in notice or failure of such persons to appear are not grounds for an appeal or the granting of a writ of habeas corpus. All personal information, including, but not limited to, a current or former address, which pertains to a victim or relative and which is received by the prosecutor pursuant to this subsection is confidential.
5. For the purposes of this section:
(a) "Relative" of a person includes:
(1) A spouse, parent, grandparent or stepparent;
(2) A natural born child, stepchild or adopted child;
(3) A grandchild, brother, sister, half brother or half sister; or
(4) A parent of a spouse.
(b) "Victim" includes:
(1) A person, including a governmental entity, against whom a crime has been committed;
(2) A person who has been injured or killed as a direct result of the commission of a crime; and
(3) A relative of a person described in subparagraph (1) or (2).
6. This section does not restrict the authority of the court to consider any reliable and relevant evidence at the time of sentencing.
Sec. 2. NRS 176.221 is hereby amended to read as follows:
176.221 If the probationer is arrested, by or without warrant, in another judicial district of this state, the court which granted the probation may assign the case to the district court of that district, with the consent of that court. The court retaining or thus acquiring jurisdiction shall cause the defendant to be brought before it, consider the standards adopted pursuant to NRS 213.10988 and the recommendation, if any, of the chief parole and probation officer. Upon determining that the probationer has violated a condition of his probation, the court shall, if practicable, order the probationer to make restitution for any necessary expenses incurred by a governmental entity in returning him to the court for violation of his probation. The court may:
1. Continue or revoke the probation or suspension of sentence;
2. Order the probationer to a term of residential confinement pursuant to NRS 176.2231;
3. Order the probationer to undergo a program of regimental discipline pursuant to NRS 176.2248;
4. Cause the sentence imposed to be executed; or
5. Modify the original sentence imposed by reducing the term of imprisonment and cause the modified sentence to be executed. The court shall not make the term of imprisonment less than the minimum term of imprisonment prescribed by the applicable penal statute. If the chief parole and probation officer recommends that the sentence of a probationer be modified and the modified sentence be executed, he shall provide notice of the recommendation to any victim of the crime for which the probationer was convicted who has requested in writing to be notified and who has provided his current address to the division. The notice must inform the victim that he has the right to submit documents to the court and to be present and heard at the hearing to determine whether the sentence of a probationer who has violated a condition of his probation should be modified. The court shall not modify the sentence of a probationer and cause the sentence to be executed until it has confirmed that the chief parole and probation officer has complied with the provisions of this subsection. The chief parole and probation officer must not be held responsible when such notification is not received by the victim if the victim has not provided a current address. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the division pursuant to this subsection is confidential.
Sec. 3. Chapter 178 of NRS is hereby amended by adding thereto a new section to read as follows:
"All personal information, including, but not limited to, a current or former address, which pertains to a victim, relative, witness or other person and which is received pursuant to the provisions of NRS 178.569 to 178.5698, inclusive, is confidential.".
Amend section 1, page 1, line 2, by deleting "178.5692" and inserting "[178.5692] 178.569".
Amend section 1, page 1, line 4, after "1.]" by inserting:
"and section 3 of this act,".
Amend sec. 2, page 3, line 15, by deleting "210.180" and inserting "201.180".
Amend the bill as a whole by renumbering sec. 4 as sec. 14 and adding new sections designated sections 7 through 13, following sec. 3, to read as follows:
"Sec. 7. NRS 62.193 is hereby amended to read as follows:
62.193 1. Proceedings concerning any child alleged to be delinquent, in need of supervision or in need of commitment to an institution for the mentally retarded are not criminal in nature and must be heard separately from the trial of cases against adults, and without a jury. The hearing may be conducted in an informal manner and may be held at a juvenile detention facility or elsewhere at the discretion of the judge. Stenographic notes or other transcript of the hearing are not required unless the court so orders. All proceedings pursuant to this chapter must be open to the general public unless the judge, or in case of a reference, the referee, upon his own motion or upon the motion of another person, determines that all or part of the proceedings must be closed to the general public because such closure is in the best interests of the child or the general public. If the judge or referee determines that all or part of the proceedings must be closed to the general public, the general public must be excluded and only those persons having a direct interest in the case may be admitted, as ordered by the judge or referee. The judge or referee in his sole discretion may determine that a victim or any member of a victim's family is a person having a direct interest in the case who may be admitted to the proceedings.
2. The court shall provide written notice of any hearing after the initial detention hearing to the parent, guardian or custodian of the child together with a copy of a notice which the parent, guardian or custodian may provide to his employer. The employer's copy of the notice must set forth the date and time of the hearing and the provisions of NRS 62.410. The employer's copy of the notice must not set forth the name of the child or the offense alleged.
3. The parties must be advised of their rights in their first appearance at intake and before the court. They must be informed of the specific allegations in the petition and given an opportunity to admit or deny those allegations.
4. If the allegations are denied, the court shall proceed to hear evidence on the petition. The court shall record its findings on whether the acts ascribed to the child in the petition were committed by him. If the court finds that the allegations in the petition have not been established, it shall dismiss the petition and order the child discharged from any detention or temporary care previously ordered in the proceedings, unless otherwise ordered by the court.
5. If the court finds on the basis of an admission or a finding on proof beyond a reasonable doubt, based upon competent, material and relevant evidence, that a child committed the acts by reason of which he is alleged to be delinquent, it may, in the absence of objection and except as otherwise provided in NRS 62.214, proceed immediately to make a proper disposition of the case.
6. The court may, at the request of the district attorney, expedite the date for any adjudicatory hearing involving acts committed against a child less than 16 years of age or involving acts witnessed by a child less than 16 years of age. In making a ruling, the court may consider the effect a delay in the commencement of the hearing might have on the mental or emotional health or well-being of the child.
7. In adjudicatory hearings all competent, material and relevant evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value. The parties or their counsel must be afforded an opportunity to examine and controvert written reports so received and to cross-examine persons making reports when reasonably available.
8. On its motion or that of a party, the court may continue the hearings under this section for a reasonable period to receive reports and other evidence bearing on the disposition. If the hearing involves acts committed against a child less than 16 years of age or involving acts witnessed by a child less than 16 years of age, the court may consider any adverse effect a continuance or other postponement might have upon the mental or emotional health or well-being of the child. The court may deny a continuance or other postponement if the delay will adversely affect the mental or emotional health or well-being of the child. The court shall make an appropriate order for detention or temporary care of the child subject to supervision of the court during the period of any continuance.
9. If the court finds by preponderance of the evidence that the child is in need of supervision or is in need of commitment to an institution for the mentally retarded, the court may proceed immediately, or at a postponed hearing, to make proper disposition of the case.
10. Except as otherwise provided in subsection 11, the court shall make its final disposition of a case no later than 60 days after the petition was filed.
11. The court may extend the time for final disposition of a case by filing an order setting forth specific reasons for the extension:
(a) No later than 60 days after the petition was filed; or
(b) Later than 60 days after the petition was filed, if the court finds that the extension would serve the interests of justice. In deciding whether an extension would serve the interests of justice, the court shall consider:
(1) The gravity of the act alleged in the case;
(2) The reasons for any delay in the disposition of the case; and
(3) The potential consequences to the child, victim and public of not extending the time for final disposition of the case.
An extension of time for final disposition of a case granted pursuant to this subsection must not exceed 1 year from the date of filing the petition.
12. The prosecuting attorney shall disclose to the victim of an act committed by a child the disposition of the child's case regarding that act if the victim, or a parent or guardian of the victim, requests such a disclosure. All personal information, including, but not limited to, a current or former address, which pertains to a victim or a parent or guardian of a victim and which is received by the prosecuting attorney pursuant to this subsection is confidential.
Sec. 8. NRS 209.392 is hereby amended to read as follows:
209.392 1. Except as otherwise provided in NRS 209.429, the director may, at the request of an offender who is eligible for residential confinement pursuant to the standards adopted by the director pursuant to subsection 3 and who has:
(a) Established a position of employment in the community;
(b) Enrolled in a program for education or rehabilitation; or
(c) Demonstrated an ability to pay for all or part of the costs of his confinement and to meet any existing obligation for restitution to any victim of his crime,
assign the offender to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of his sentence.
2. Upon receiving a request to serve a term of residential confinement from an eligible offender, the director shall notify the division of parole and probation. If any victim of a crime committed by the offender has, pursuant to subsection 3 of NRS 213.130, requested to be notified of an application for parole and provided a current address, the division of parole and probation shall notify the victim of the offender's request and advise the victim that he may submit documents regarding the request to the division of parole and probation. If a current address has not been provided as required by subsection 3 of NRS 213.130, the division of parole and probation must not be held responsible if such notification is not received by the victim. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the division of parole and probation pursuant to this subsection is confidential.
3. The director, after consulting with the division of parole and probation, shall adopt, by regulation, standards providing which offenders are eligible for residential confinement. The standards adopted by the director must provide that an offender who:
(a) Is not eligible for parole or release from prison within a reasonable period;
(b) Has recently committed a serious infraction of the rules of an institution or facility of the department;
(c) Has not performed the duties assigned to him in a faithful and orderly manner;
(d) Has ever been convicted of:
(1) Any crime involving the use or threatened use of force or violence against the victim; or
(2) A sexual offense;
(e) Has more than one prior conviction for any felony in this state or any offense in another state that would be a felony if committed in this state, not including a violation of NRS 484.3792 or 484.3795;
(f) Has escaped or attempted to escape from any jail or correctional institution for adults; or
(g) Has not made an effort in good faith to participate in or to complete any educational or vocational program or any program of treatment, as ordered by the director,
is not eligible for assignment to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement pursuant to this section.
4. If an offender assigned to the custody of the division of parole and probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:
(a) The division of parole and probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the department of prisons.
(b) The offender forfeits all or part of the credits for good behavior earned by him before the escape or violation, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.
5. The assignment of an offender to the custody of the division of parole and probation pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the department of prisons,
except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department of prisons.
6. A person does not have a right to be assigned to the custody of the division of parole and probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
Sec. 9. NRS 209.521 is hereby amended to read as follows:
209.521 1. If a victim of an offender provides his current address to the director and makes a written request for notification of the offender's release or escape, the director shall notify the victim if the offender:
(a) Will be released into the community for the purpose of employment, training or education, or for any other purpose for which release is authorized; or
(b) Has escaped from the custody of the department of prisons.
2. An offender must not be temporarily released into the community for any purpose unless notification of the release has been given to every victim of the offender who has requested notification and has provided his current address.
3. The director may not be held responsible for any injury proximately caused by his failure to give any notice required pursuant to subsection 1 or 2 if no address was provided to the director or the address provided is inaccurate or not current.
4. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the director pursuant to this section is confidential.
5. As used in this section, "victim" has the meaning ascribed to it in NRS 213.005.
Sec. 10. NRS 213.010 is hereby amended to read as follows:
213.010 1. The state board of pardons commissioners consists of the governor, the justices of the supreme court and the attorney general.
2. Meetings of the board for the purpose of considering applications for clemency may be held semiannually or oftener, on such dates as may be fixed by the board.
3. The board shall give written notice at least 15 days before a meeting to each victim of the crimes committed by each person whose application for clemency will be considered at the meeting, if the victim so requests in writing and provides his current address. If a current address is not provided, the board may not be held responsible if the notice is not received by the victim. The victim may submit a written response to the board at any time before the meeting. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the board pursuant to this subsection is confidential.
Sec. 11. NRS 213.040 is hereby amended to read as follows:
213.040 All district attorneys receiving notice of an application for a pardon, or commutation of punishment, or remission of fine or forfeiture, shall transmit forthwith to:
1. The board a statement in writing of facts surrounding the commission of the offense for which the applicant is incarcerated or subject to penalty and any information affecting the merits of the application.
2. Each victim of the person applying for clemency a copy of the notice of the application, if the victim so requests in writing and provides his current address. If a current address is not provided, the district attorney may not be held responsible if a copy of the notice is not received by the victim. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the district attorney pursuant to this subsection is confidential.
Sec. 12. NRS 213.095 is hereby amended to read as follows:
213.095 If the board remits a fine or forfeiture, commutes a sentence or grants a pardon, it shall give written notice of its action to the victim of the person granted clemency, if the victim so requests in writing and provides his current address. If a current address is not provided, the board may not be held responsible if the notice is not received by the victim. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the board pursuant to this section is confidential.
Sec. 13. NRS 213.130 is hereby amended to read as follows:
213.130 1. A prisoner sentenced to imprisonment in the state prison may apply to the board for parole. The application must be made on a form prescribed by the board and must contain:
(a) The county in which the prisoner will reside, if the prisoner will be paroled in Nevada; and
(b) Other data that will assist the board in determining whether parole should be granted.
The secretary of the board shall furnish any prisoner an application form upon request.
2. Meetings for the purpose of considering applications for parole may be held semiannually or more often, on such dates as may be fixed by the board. All meetings must be open to the public.
3. Not later than 5 days after the date on which the board fixes the date of the meeting to consider the application of a prisoner for parole, the board shall notify the victim of the prisoner whose application is being considered of the date of the meeting and of his rights pursuant to this subsection, if the victim has requested notification in writing and has provided his current address or if the victim's current address is otherwise known by the board. The victim of any person applying for parole may submit documents to the board and may testify at the meeting held to consider the application. An application for parole must not be considered until the board has notified any victim of his rights pursuant to this subsection and he is given the opportunity to exercise those rights. If a current address is not provided to or otherwise known by the board, the board must not be held responsible if such notification is not received by the victim.
4. The board may deliberate in private after a public meeting held to consider an application for parole.
5. The board of state prison commissioners shall provide suitable and convenient rooms or space for use of the board.
6. If a victim is notified of a meeting to consider an application for parole pursuant to subsection 3, the board shall, upon making a final decision concerning the application, notify the victim of its final decision.
7. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the board pursuant to this section is confidential.
8. For the purposes of this section, "victim" has the meaning ascribed to it in NRS 213.005.".
Amend the title of the bill, fourth line, after "juveniles;" by inserting:

"providing that certain information pertaining to notification of victim and witnesses is confidential;".

"Summary--Revises provisions governing notification of victims of and witnesses to offenses and requires certain information to be provided to victims of and witnesses to sexual or violent offenses. (BDR 14-291)".

Senate Bill No. 100.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 92.
Amend sec. 18, page 4, line 21, by deleting:
"to be held before a jury".
Amend sec. 19, page 4, by deleting lines 24 through 37 and inserting:
"Sec. 19. At a hearing to determine whether a person is a sexually violent predator, the court shall act as the finder of fact.".
Amend sec. 20, page 4, line 39, by deleting:
"beyond a reasonable doubt" and inserting:
"by clear and convincing evidence".
Amend sec. 20, page 5, line 4, by deleting:
"beyond a reasonable doubt" and inserting:
"by clear and convincing evidence".
Amend sec. 20, page 5, by deleting lines 8 through 13 and inserting:
"3. If the court finds that the person named in the".
Amend sec. 20, page 5, by deleting lines 17 and 18 and inserting:
"4. If the court finds that the person named in the petition is a sexually violent predator but does not find ".
Amend sec. 20, page 5, by deleting line 23 and inserting:
"5. If the court finds that the district attorney has not proven that the person named".
Amend sec. 21, page 5, line 35, by deleting "3" and inserting "2".
Amend sec. 22, page 5, line 44, by deleting "behalf." and inserting "behalf;".
Amend sec. 22, page 6, line 4, by deleting "reports." and inserting "reports; and ".
Amend sec. 23, page 6, line 11, by deleting:
"at least once per year" and inserting:
"once every 6 months".
Amend the bill as a whole by deleting sections 24 through 28 and adding new sections designated sections 24 through 28, following sec. 23, to read as follows:
"Sec. 24. If, at any time during the period of commitment, the administrator determines that a person committed to the custody of the program:
1. No longer suffers from a mental disorder;
2. No longer is dangerous to the public; or
3. Is suitable for conditional release to an alternative course of treatment,
the administrator, within 5 days after this determination, shall file with the court a request for release of the person committed and shall provide a copy of the request for release to the person committed and the district attorney.
Sec. 25. 1. Upon receiving from the administrator:
(a) The report prepared every 6 months pursuant to section 23 of this act; or
(b) A request for release filed pursuant to section 24 of this act,
the court shall schedule a hearing to show cause. The hearing to show cause must be held not later than 5 days after the date the report or the request for release is received from the administrator.
2. At the hearing to show cause, the court shall determine whether probable cause exists to believe that the mental condition or the dangerousness of the person committed has so changed that a hearing for release is warranted. The person committed may be represented by counsel at the hearing to show cause, but the person committed may not be present at the hearing.
3. If the court determines that probable cause exists to believe that the mental condition or the dangerousness of the person committed has so changed that a hearing for release is warranted, the court shall schedule a hearing for release, which must be held not later than 45 days after the date of the hearing to show cause.
Sec. 26. If the court schedules a hearing for release, the district attorney may request that the person committed submit to an examination by a qualified professional selected by the district attorney. A request for an examination pursuant to this section must be made not later than 30 days before the date of the hearing for release.
Sec. 27. A hearing for release must be conducted in the same manner as a hearing to determine whether a person is a sexually violent predator, and the person committed must be afforded the same rights that are provided in a hearing to determine whether a person is a sexually violent predator.
Sec. 28. At a hearing for release:
1. To prove that the person committed remains a sexually violent predator, the district attorney must prove by clear and convincing evidence that the person committed:
(a) Continues to suffer from a mental disorder; and
(b) Continues to be dangerous to the public because he is likely to commit a sexually violent offense.
2. To prove that the person committed requires continued commitment to the program, the district attorney must prove by clear and convincing evidence that an alternative course of treatment:
(a) Is not in the best interests of the person committed; or
(b) Will not adequately protect the public.
3. If the court finds that the person committed remains a sexually violent predator and that the person requires continued commitment to the program, the court shall enter an order continuing the commitment of the person.
4. If the court finds that the person committed remains a sexually violent predator but does not find that the person requires continued commitment to the program, the court shall enter an order that the person be conditionally released to undergo an alternative course of treatment pursuant to the provisions of sections 29 and 30 of this act.
5. If the court finds that the district attorney has not proven that the person committed remains a sexually violent predator, the court shall enter an order that the person be released.".
Amend sec. 32, page 9, line 22, by deleting "including" and inserting:
"including, but not limited to,".

Senator James moved the adoption of the amendment.
Remarks by Senators James and Neal.
Amendment adopted.
Senator James moved that Senate Bill No. 100 be re-referred to the Committee on Finance.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Finance.

Senate Bill No. 122.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 127.
Amend sec. 9, page 2, line 16, by deleting:
"a public school or private school," and inserting:
"the public school or private school at which the person is employed,".
Amend sec. 9, page 2, line 17, by deleting "pursuant to" and inserting:
"as provided in".
Amend sec. 10, page 2, line 34, by deleting "pursuant to" and inserting:
"as provided in".
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 237.
Bill read second time and ordered to third reading.

• Minimum Sales Age: Retailers may not sell cigarettes or smokeless tobacco to anyone under18 years of age.
• Proof of Age: Retailers must verify by photo ID that any person purchasing cigarettes or smokeless tobacco is at least 18 years of age. Customers over 26 years of age do not need to be asked to verify age. Age does not need to be verified in facilities that are off-limits to persons under18 years of age.

• Self-Service Display Ban: Retailers may not offer cigarettes and smokeless tobacco from self-service displays, except in facilities where persons under 18 years of age (including employees) are not permitted.
• Vending Machine Ban: Retailers may not sell cigarettes or smokeless tobacco from vending machines, except in facilities where persons under 18 years of age (including employees) are not permitted.
• No Breaking Packs: Retailers may sell cigarettes only in unopened packages containing at least 20 cigarettes or in cartons. Retailers may sell smokeless tobacco only as packaged by the manufacturer.
• Mail-Order Sales: Retailers may fill mail-order requests, but may not redeem coupons sent by mail.
• Exterior Signage: Retailers within 1000 feet of a playground or school may not display exterior or outdoor advertising for cigarettes or smokeless tobacco.
• Interior Signage: Retailers must ensure that all point-of-sale advertising for cigarettes or smokeless tobacco (including advertising on functional items such as clocks, door decals, change trays, and shopping carts) is in a "tombstone" format (black text on a white background), except in facilities where persons under 18 years of age (including employees) are not permitted. For "adult-only facilities," any interior signage that is visible from the outside must be in "tombstone" format and attached to an interior wall or fixture.
• Established Name/Intended Use Statement: Each advertisement for cigarettes or smokeless tobacco must carry the product's "established name" and "intended use."
• No Branded Merchandise. The retailer may not sell or give away non-tobacco merchandise bearing a cigarette or smokeless tobacco brand name or logo.
• No Free Samples: Coupon redemption is permitted in face-to-face transactions, but retailers may not give cigarettes or smokeless tobacco away as free samples.
• Non-complying Functional Items: Beginning August 28, 1997, retailers may not use display racks, counter mats, change trays, shopping baskets, door decals, clocks, or any other items that bear a cigarette or smokeless tobacco brand name or logo, unless (1) the retailer covers up the brand name or logo, or (2) the advertisement appears in "tombstone" format.
• FDA Approval of Unlisted Advertising Media: Retailers who wish to use advertising that is not in a medium listed in section 897.30(a)(1) of the rule must notify the FDA 30 days in advance of the use. The notice must include information about the extent to which the advertising may be seen by people under age 18.

Senators Augustine, Regan and Jacobsen moved the previous question.
Motion carried.
The question being on the passage of Senate Bill No. 33.
Roll call on Senate Bill No. 33:
Yeas -- 13.
Nays -- Augustine, Coffin, Jacobsen, Neal, O'Connell, Regan, Rhoads, Washington--8.
Senate Bill No. 33 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 179.
Bill read third time.
Remarks by Senator Regan.
Roll call on Senate Bill No. 179:
Yeas -- 21.
Nays -- None.
Senate Bill No. 179 having been received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 39.
Bill read third time.
Remarks by Senators O'Connell, James, Neal, Rawson, Adler and Regan.
Roll call on Assembly Bill No. 39.
Yeas -- 21.
Nays -- None.
Assembly Bill No. 39 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 60.
Bill read third time.
Roll call on Assembly Bill No. 60:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 60 having been received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 79.
Bill read third time.
Remarks by Senators Neal, James and Adler.
Roll call on Assembly Bill No. 79:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 79 having been received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to the following members of the Governor's Committee on Employment of People With Disabilities: Moshe Bialac, Terri Heenan, Gene Tortelli and Debbra Waite-Lusk.

Senator Raggio moved that the Senate adjourn until Monday, April 7, 1997 at 11 a.m.
Motion carried.

Senate adjourned at 12:15 p.m.

Approved:

Lonnie L. Hammargren, M.D.

President of the Senate

Attest: Janice L. Thomas
Secretary of the Senate