Assembly Bill No. 165–Assemblywoman Angle (by request)

February 9, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Revises various provisions concerning juveniles. (BDR 5-1054)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to juveniles; requiring the court to order a child who injures another person, or the parent or guardian of the child, to provide restitution for medical expenses or to perform community service; revising the provisions governing the inspection of photographs of children; revising the provisions regarding certain evidentiary testing of children; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 62.2245 is hereby amended to read as follows:

1-2 62.2245 1. [If a child is found to have committed an unlawful act in

1-3 which the child damaged or destroyed the property of another person, in]

1-4 In addition to any action ordered pursuant to the provisions of this chapter,

1-5 the judge, or his authorized representative, shall order [the] a child who is

1-6 found to have committed an unlawful act in which the child:

1-7 (a) Caused physical injury to another person to provide restitution to

1-8 that person for medical expenses incurred as the result of the act.

1-9 (b) Damaged or destroyed the property of another person to provide

1-10 restitution to the owner of the property.

1-11 2. If the child is not able to provide restitution, the judge, or his

1-12 authorized representative, shall order the parent or guardian of the child to

1-13 provide restitution , [to the owner of the property,] unless the judge, or his

1-14 authorized representative, determines that extenuating circumstances exist.

2-1 3. If the child and his parent or guardian are unable to provide

2-2 restitution because of financial hardship, the judge, or his authorized

2-3 representative, shall order the child or his parent or guardian, or both, to

2-4 perform community service.

2-5 4. The community service must be performed for and under the

2-6 supervising authority of a county, city, town or other political subdivision

2-7 or agency of the State of Nevada or a charitable organization that renders

2-8 service to the community or its residents.

2-9 5. The judge, or his authorized representative, may require the child or

2-10 his parent or guardian, or both, to deposit with the court a reasonable sum

2-11 of money to pay for the cost of a policy for insurance against liability for

2-12 personal injury and damage to property or for industrial insurance, or both,

2-13 during those periods in which the work is performed, unless, in the case of

2-14 industrial insurance, it is provided by the authority for which the work is

2-15 performed.

2-16 6. As used in this section, "property" includes real or personal

2-17 property.

2-18 Sec. 2. NRS 62.350 is hereby amended to read as follows:

2-19 62.350 1. The fingerprints of a child must be taken if the child is in

2-20 custody for an act that, if committed by an adult:

2-21 (a) Would be a felony, a gross misdemeanor or a sexual offense; or

2-22 (b) Would be a misdemeanor, and the act involved:

2-23 (1) The use or threatened use of force or violence against the victim;

2-24 or

2-25 (2) The possession, use or threatened use of a firearm or a deadly

2-26 weapon.

2-27 2. The fingerprints of a child who is in custody but who is not subject

2-28 to the provisions of subsection 1 may be taken if a law enforcement officer

2-29 finds latent fingerprints during the investigation of an offense and the

2-30 officer has reason to believe that the latent fingerprints are those of the

2-31 child. The officer shall use the fingerprints taken from the child for the

2-32 purpose of making an immediate comparison with the latent fingerprints. If

2-33 the comparison is:

2-34 (a) Negative, the fingerprint card and other copies of the fingerprints

2-35 taken may be immediately destroyed or may be retained for future use.

2-36 (b) Positive, the fingerprint card and other copies of the fingerprints:

2-37 (1) Must be delivered to the court for disposition if the child is

2-38 referred to court.

2-39 (2) May be immediately destroyed or may be retained for future use

2-40 if the child is not referred to court.

2-41 3. Fingerprints that are taken from a child pursuant to the provisions of

2-42 this section:

3-1 (a) May be retained in a local file or a local system for the automatic

3-2 retrieval of fingerprints if they are retained under special security measures

3-3 that limit inspection of the fingerprints to law enforcement officers who are

3-4 conducting criminal investigations. If the child from whom the fingerprints

3-5 are taken subsequently is not adjudicated delinquent, the parent or

3-6 guardian of the child or, when the child becomes at least 18 years of age,

3-7 the child, may petition the court for the removal of the fingerprints from

3-8 any such local file or local system.

3-9 (b) Must be submitted to the central repository for Nevada records of

3-10 criminal history if the child is adjudicated delinquent for an act that, if

3-11 committed by an adult, would be a felony or sexual offense, and may be

3-12 submitted to the central repository for any other act. The central repository

3-13 shall retain the fingerprints of the child under special security measures

3-14 that limit inspection of the fingerprints to law enforcement officers who are

3-15 conducting criminal investigations and to officers and employees of the

3-16 central repository who are assisting law enforcement officers with criminal

3-17 investigations or who are conducting research or performing a statistical

3-18 analysis.

3-19 (c) Must not be submitted to the Federal Bureau of Investigation unless

3-20 the child is adjudicated delinquent for an act that, if committed by an adult,

3-21 would be a felony or a sexual offense.

3-22 4. A child who is in custody must be photographed for the purpose of

3-23 identification. Except as otherwise provided in this subsection, the

3-24 photographs of the child must be kept in the file pertaining to the child

3-25 under special security measures which provide that [limit inspection of] the

3-26 photographs [to law enforcement officers who are] may be inspected only

3-27 for the purpose of conducting criminal investigations [.] , including,

3-28 without limitation, using the photographs for the purpose of conducting

3-29 a photographic lineup. If a court subsequently determines that the child is

3-30 not delinquent, the court shall order the photographs to be destroyed.

3-31 5. Any person who willfully violates any provision of this section is

3-32 guilty of a misdemeanor.

3-33 Sec. 3. NRS 484.383 is hereby amended to read as follows:

3-34 484.383 1. Except as otherwise provided in subsections 3 and 4, any

3-35 person who drives or is in actual physical control of a vehicle on a

3-36 highway or on premises to which the public has access shall be deemed to

3-37 have given his consent to an evidentiary test of his blood, urine, breath or

3-38 other bodily substance for the purpose of determining the alcoholic content

3-39 of his blood or breath or the presence of a controlled substance when such

3-40 a test is administered at the direction of a police officer having reasonable

3-41 grounds to believe that the person to be tested was driving or in actual

3-42 physical control of a vehicle while under the influence of intoxicating

3-43 liquor or a controlled substance.

4-1 2. If the person to be tested pursuant to subsection 1 is dead or

4-2 unconscious, the officer shall direct that samples of blood from the person

4-3 be tested.

4-4 3. Any person who is afflicted with hemophilia or with a heart

4-5 condition requiring the use of an anticoagulant as determined by a

4-6 physician is exempt from any blood test which may be required pursuant to

4-7 this section but must, when appropriate pursuant to the provisions of this

4-8 section, be required to submit to a breath or urine test.

4-9 4. If the alcoholic content of the blood or breath of the person to be

4-10 tested is in issue:

4-11 (a) Except as otherwise provided in this section, the person may refuse

4-12 to submit to a blood test if means are reasonably available to perform a

4-13 breath test.

4-14 (b) The person may request a blood test, but if means are reasonably

4-15 available to perform a breath test when the blood test is requested, and the

4-16 person is subsequently convicted, he must pay for the cost of the blood

4-17 test, including the fees and expenses of witnesses in court.

4-18 (c) A police officer may direct the person to submit to a blood test as set

4-19 forth in subsection 7 if the officer has reasonable grounds to believe that

4-20 the person:

4-21 (1) Caused death or substantial bodily harm to another person as a

4-22 result of driving or being in actual physical control of a vehicle while

4-23 under the influence of intoxicating liquor or a controlled substance; or

4-24 (2) Has been convicted within the previous 7 years of:

4-25 (I) A violation of NRS 484.379, 484.3795, subsection 2 of NRS

4-26 488.400, NRS 488.410 or 488.420 or a law of another jurisdiction that

4-27 prohibits the same or similar conduct; or

4-28 (II) Any other offense in this state or another jurisdiction in which

4-29 death or substantial bodily harm to another person resulted from driving,

4-30 operating or being in actual physical control of a vehicle or a vessel under

4-31 power or sail while under the influence of intoxicating liquor or a

4-32 controlled substance.

4-33 5. If the presence of a controlled substance in the blood of the person

4-34 is in issue, the officer may direct him to submit to a blood or urine test, or

4-35 both, in addition to the breath test.

4-36 6. Except as otherwise provided in subsections 3 and 5, a police officer

4-37 shall not direct a person to submit to a urine test.

4-38 7. If a person to be tested fails to submit to a required test as directed

4-39 by a police officer pursuant to this section and the officer has reasonable

4-40 grounds to believe that the person to be tested was driving or in actual

4-41 physical control of a motor vehicle while under the influence of

4-42 intoxicating liquor or a controlled substance, the officer may direct that

4-43 reasonable force be used to the extent necessary to obtain samples of blood

5-1 from the person to be tested. Not more than three such samples may be

5-2 taken during the 5-hour period immediately following the time of the

5-3 initial arrest. In such a circumstance, the officer is not required to provide

5-4 the person with a choice of tests for determining the alcoholic content or

5-5 presence of a controlled substance in his blood.

5-6 8. If a person who is less than 18 years of age is directed to submit to

5-7 an evidentiary test pursuant to this section, the officer [shall,] is not

5-8 required, before testing the person, [make a reasonable attempt] to notify

5-9 the parent, guardian or custodian of the person . [, if known.]

5-10 Sec. 4. The amendatory provisions of section 1 of this act apply to

5-11 offenses that are committed on or after October 1, 1999.

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