The Senate Committee on Judiciary was called to order by Chairman Mark A. James, at 8:55 a.m., on Tuesday, April 20, 1999, in Room 2149 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

COMMITTEE MEMBERS PRESENT:

Senator Mark A. James, Chairman

Senator Jon C. Porter, Vice Chairman

Senator Mike McGinness

Senator Dina Titus

Senator Valerie Wiener

Senator Terry Care

COMMITTEE MEMBERS ABSENT:

Senator Maurice Washington (Excused)

GUEST LEGISLATORS PRESENT:

STAFF MEMBERS PRESENT:

Janice McClure, Committee Secretary

OTHERS PRESENT:

Assemblywoman Sharron E. Angle, Washoe County Assembly District No. 29, stated A.B. 165 was requested by the Washoe County District Attorney’s Office to expand and clarify existing provisions in the law relating to juveniles. She pointed out the existing law requires juveniles, or their parents or guardians, to pay restitution for damaging or destroying property, but does not require restitution for injuring a person. She added the existing law authorizes law enforcement entities to use juvenile photographs in conducting criminal investigations, but does not specify that such photographs can be used in a photographic lineup in order for witnesses to identify or exclude a suspect. Assemblywoman Angle said representatives of the Clark County District Attorney’s Office, the Washoe County District Attorney’s Office, and Nevada District Attorneys’ Association testified in support of A.B. 165 when it was heard in the Assembly.

Senator Wiener asked if the photograph of a juvenile would be used in a lineup only when that juvenile is a specific suspect.

Susan J. Edmondson, Deputy District Attorney, Juvenile Division, Washoe County District Attorney, replied the photographs would be selected randomly except the photograph of the suspect would be chosen specifically for the lineup.

Senator Care asked if, in a case where a victim is covered by medical insurance, a juvenile would be responsible for paying restitution for the balance not covered by the insurance company, or if the juvenile would reimburse the insurance company.

Ms. Edmondson replied the practice has been that a child pays a deductible, but the Nevada Supreme Court recently held that insurance companies, while not a primary victim, can be paid through the victim when restitution is paid to the victim by a child or any other defendant. She explained this does not eliminate insurance companies from being reimbursed. She added there is no limitation on the amount of restitution that can be ordered.

Senator Care asked if a court has jurisdiction to enforce a juvenile court order if a juvenile turns 21 years of age before the restitution has been fully paid. Ms. Edmondson replied once the juvenile turns 21 years of age, the juvenile court system has no jurisdiction and the case would have to be pursued in civil court.

Senator McGinness indicated A.B. 165 provides in section 2, subsection 4, lines 23 and 24, "If a court subsequently determines that the child is not delinquent, the court shall order the photographs to be destroyed." He determined then there would not be any children in the photographic lineup who have not been found guilty of something. Ms. Edmondson replied Senator McGinness was correct and furthered every child who is arrested and has a detention hearing is no longer subject to the confidentiality provisions of the juvenile statute.

Nile D. Carson, Jr., Lobbyist, Reno Police Department, said the Reno Police Department is definitely in support of A.B. 165.

Stan R. Olsen, Lobbyist, Las Vegas Metropolitan Police Department, and Nevada Sheriffs and Chiefs Association, voiced full support of A.B. 165.

Lucille Lusk, Lobbyist, Nevada Concerned Citizens, also stated full support of A.B. 165.

There being no further testimony, Chairman James closed the hearing on A.B. 165 and opened the hearing on A.B. 221.

Assemblyman Bernard (Bernie) Anderson, Washoe County Assembly District No. 31, read his testimony to the committee and submitted a copy for the record (Exhibit C). Assemblyman Anderson stressed the earlier individuals can be identified who have a propensity to commit crimes, particularly abusive crimes, the better chance there is in changing that behavior.

Senator Care asked if a parent is allowed to be present during a child’s evaluation. Assemblyman Anderson replied he did not see that as a detriment, however, it is usually preferred the child is evaluated away from the parent because the parent may be the abuser.

Richard C. Simmonds, D.V.M., M.S., Director, Laboratory Animal Medicine, University of Nevada, Reno, submitted written testimony (Exhibit D) and indicated there is a very definite link between child abuse and animal abuse.

Senator Care asked how an act of serious animal abuse is determined. Dr. Simmonds replied the definition of "cruelty" in Nevada Revised Statutes (NRS) 574.040 has been brought up a number of times. Dr. Simmonds said his written testimony refers to deliberate acts of cruelty whereby an animal is beaten or set on fire.

There being no further testimony, Chairman James closed the hearing on A.B. 221 and opened the hearing on A.B. 229.

Stan R. Olsen, Lobbyist, Las Vegas Metropolitan Police Department (Metro), and Nevada Sheriffs and Chiefs Association, stated one of the problems Metro is having with gangs is they cannot be diverted from the crime issues early enough. He said the intent of A.B. 229 is to work towards a diversion program and furthered this bill was fashioned after some material supplied by Senator Wiener at a juvenile crime seminar. Mr. Olsen pointed out section 1, subsection 3 of A.B. 229 breaks down what Metro is trying to accomplish with the bill.

Senator Wiener said one of the most critical concerns about school violence is that children resort to weapons because they do not have other ways of dealing with conflict. She suggested adding "conflict resolution" to section 1, subsection 3 of the bill. Senator Wiener volunteered to instruct some of the life-skill program classes conducted by Metro.

Senator Care asked if the life-skill program was for children who have been to juvenile court for the first time. Mr. Olsen replied it was his understanding the life-skill program would apply to anyone who has never been involved in a violent crime.

Brad Wilkinson, Committee Counsel, Legal Division, Legislative Counsel Bureau, interjected A.B. 229 would prohibit any child who has ever been in the juvenile court system from participating in the life-skill program. He explained that meant being found either adjudicated delinquent or found to be in need of supervision.

There being no further testimony, Vice Chairman Porter closed the hearing on A.B. 229 and opened the hearing on A.B. 262.

David R. Parks, Clark County Assembly District No. 41, stated A.B. 262 changes the provisions for notifying the known parent, guardian, or custodian of a child who is taken into custody for violating any law or ordinance and whose conduct indicates that he needs supervision. The bill requires any peace officer or probation officer who takes custody of a child to attempt to provide such notification without undue delay. Current law requires "immediate" notification. Assemblyman Parks said A.B. 262 requires the facility in which the child is detained to notify "without undue delay" the known parent, guardian, or custodian of the child if the arresting officer did not provide the notification. The bill also requires the facility to notify the child’s probation officer also without undue delay.

Senator McGinness asked if there was a legal nuance by changing from "immediately" to "without undue delay." Assemblyman Parks deferred to Mr. Olsen.

Mr. Olsen said the purpose behind the change stemmed from a complaint by a parent of not being notified in a specific incident. He said over the last 25 years Metro has not notified the parent from the field because Metro does not want the juvenile’s name over the radio that anybody can monitor. He pointed out it is not feasible for the officers to make an immediate notification without the use of the radio.

Senator McGinness expressed concern that changing "immediately" to "without undue delay" might be lessening the standard of notification. Mr. Olsen stressed it is not law enforcement’s intent not to notify a parent, but it is not feasible for an officer to stand by in a particular location and try again and again to contact a parent.

Senator McGinness said he was concerned the language change might lead an officer to think, "If I don’t [do not] do it, well juvenile hall will do it, so I don’t [do not] have to make that strenuous an effort to notify the parent." Mr. Olson stated it is not unusual for a juvenile to lie to the police about his telephone number, or where his parent works. He continued many times a juvenile has a previous record whereby juvenile hall would be better informed as to whom to contact.

Ms. Lusk went on record in support of A.B. 262 as currently written.

There being no further testimony, Vice Chairman Porter closed the hearing on A.B. 262 and adjourned the meeting at 9:35 a.m.

RESPECTFULLY SUBMITTED:

Janice McClure,

Committee Secretary

APPROVED BY:

Senator Mark A. James, Chairman

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