The Committee on Judiciary was called to order at 9:55 a.m., on Friday, May 28, 1999. Chairman Bernie Anderson presided in Room 3138 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Guest List. All Exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

COMMITTEE MEMBERS PRESENT:

Mr. Bernie Anderson, Chairman

Mr. Mark Manendo, Vice Chairman

Ms. Sharron Angle

Mr. Greg Brower

Mr. John Carpenter

Mr. Tom Collins

Mr. Don Gustavson

Mrs. Ellen Koivisto

Ms. Kathy McClain

Mr. Dennis Nolan

Ms. Genie Ohrenschall

COMMITTEE MEMBERS ABSENT:

Ms. Barbara Buckley

Mr. Jerry Claborn

Ms. Sheila Leslie

STAFF MEMBERS PRESENT:

Chairman Anderson reviewed the status of conference committees. Mr. Brower’s conference committee report was being completed. Ms. Koivisto would hold a conference committee meeting at 3:30 p.m. concerning the carrying of concealed weapons. Ms. Buckley’s conference committee on common interest ownership communities was working on the details of the legislation. Mr. Nolan’s conference committee met at 8:50 a.m.

Assemblyman Nolan said the conference committee allowed the Senate to remove section 3 of the laser pointer bill, S.B. 360. Section 3 dealt with the provision that pointing a laser into a crowd was a misdemeanor. Senators Care and Titus were extremely vocal on the laser pointers. They wanted to wait and see what developed in case law on the state and national levels before creating a statute in Nevada dealing with pointing a laser into a crowd. Mr. Nolan felt it was more important to save the major portions of the bill, such as pointing a laser at a peace office.

Chairman Anderson was concerned with the need for the general public to become aware not to point a laser pointer at another person. The Assembly Committee on Judiciary was concerned with the reasonable standard when they heard the bill in committee. Mr. Anderson gave the example of off-duty peace officers, known to be peace officers, being in a crowd and having a laser pointed at them. The off-duty peace officers would not have the law to back them up with a laser pointed at them. Mr. Anderson stated the peace officers were not looking to fill their jails with laser pointer violators. The peace officers wanted a mechanism to warn the general public not to point a laser at another person.

Assemblyman Nolan gave the example from a newspaper article about a couple of professional baseball player who, while sitting in the dugout at a baseball game, pointed a laser at the telephoto lens of a photographer. The laser was magnified in the telephoto lens and impaired the photographer’s vision. Assemblymen Nolan and Claborn explained to Senators Care and Titus a peace officer would have to observe the laser "tagging" the victim to charge the "laser tagger" with a misdemeanor.

Chairman Anderson said he would talk with Senators Care and Titus to explain the importance of section 3 remaining in S.B. 360.

Assemblyman Brower reported on his conference committee regarding A.B. 617.

A.B. 617 gave the district attorney’s office the option to charge a felony for the second offense or if the amount owed was $5,000 or more. The Senate change the word "or" to the word "and." The conference committee agreed a first offense could be charged as a felony if the amount was $10,000 or more. A felony could be charged for a second offense if the amount was $5,000 or more.

Chairman Anderson had two sets of minutes ready for approval, March 3, 1999 and March 30, 1999. He thanked Mr. Manendo and Mr. Brower for helping him review the committee meeting minutes.

ASSEMBLYWOMAN KOIVISTO MOVED TO APPROVE THE MINUTES FOR MARCH 3, 1999 AND MARCH 30, 1999.

ASSEMBLYWOMAN OHRENSCHALL SECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY.

Chairman Anderson recessed the meeting "at the call of the chair" at 10:12 a.m.

RESPECTFULLY SUBMITTED:

Ken Beaton,

Committee Secretary

APPROVED BY:

Assemblyman Bernie Anderson, Chairman

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