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

CHAPTER........

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; and providing other matters properly relating thereto.

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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

  1. 62.2245 1. [If a child is found to have committed an unlawful act in
  1. which the child damaged or destroyed the property of another person, in]
  1. In addition to any action ordered pursuant to the provisions of this chapter,
  1. the judge, or his authorized representative, shall order [the] a child who is
  1. found to have committed an unlawful act in which the child:
  1. (a) Caused physical injury to another person to provide restitution to
  1. that person for medical expenses incurred as the result of the act.
  1. (b) Damaged or destroyed the property of another person to provide
  1. restitution to the owner of the property.
  1. 2. If the child is not able to provide restitution, the judge, or his
  1. authorized representative, shall order the parent or guardian of the child to
  1. provide restitution , [to the owner of the property,] unless the judge, or his
  1. authorized representative, determines that extenuating circumstances exist.
  1. 3. If the child and his parent or guardian are unable to provide
  1. restitution because of financial hardship, the judge, or his authorized
  1. representative, shall order the child or his parent or guardian, or both, to
  1. perform community service.
  1. 4. The community service must be performed for and under the
  1. supervising authority of a county, city, town or other political subdivision
  1. or agency of the State of Nevada or a charitable organization that renders
  1. service to the community or its residents.
  1. 5. The judge, or his authorized representative, may require the child or
  1. his parent or guardian, or both, to deposit with the court a reasonable sum
  1. of money to pay for the cost of a policy for insurance against liability for
  1. personal injury and damage to property or for industrial insurance, or both,
  1. during those periods in which the work is performed, unless, in the case of
  1. industrial insurance, it is provided by the authority for which the work is
  1. performed.
  1. 6. As used in this section, "property" includes real or personal
  1. property.

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

  1. 62.350 1. The fingerprints of a child must be taken if the child is in
  1. custody for an act that, if committed by an adult:
  1. (a) Would be a felony, a gross misdemeanor or a sexual offense; o
  1. r
  2. (b) Would be a misdemeanor, and the act involved:
  1. (1) The use or threatened use of force or violence against the victim;
  1. or
  1. (2) The possession, use or threatened use of a firearm or a deadly
  1. weapon.
  1. 2. The fingerprints of a child who is in custody but who is not subject
  1. to the provisions of subsection 1 may be taken if a law enforcement officer
  1. finds latent fingerprints during the investigation of an offense and the
  1. officer has reason to believe that the latent fingerprints are those of the
  1. child. The officer shall use the fingerprints taken from the child for the
  1. purpose of making an immediate comparison with the latent fingerprints. If
  1. the comparison is:
  1. (a) Negative, the fingerprint card and other copies of the fingerprints
  1. taken may be immediately destroyed or may be retained for future use.
  1. (b) Positive, the fingerprint card and other copies of the fingerprints:
  1. (1) Must be delivered to the court for disposition if the child is
  1. referred to court.
  1. (2) May be immediately destroyed or may be retained for future use if
  1. the child is not referred to court.
  1. 3. Fingerprints that are taken from a child pursuant to the provisions of
  1. this section:
  1. (a) May be retained in a local file or a local system for the automatic
  1. retrieval of fingerprints if they are retained under special security measures
  1. that limit inspection of the fingerprints to law enforcement officers who are
  1. conducting criminal investigations. If the child from whom the fingerprints
  1. are taken subsequently is not adjudicated delinquent, the parent or guardian
  1. of the child or, when the child becomes at least 18 years of age, the child,
  1. may petition the court for the removal of the fingerprints from any such
  1. local file or local system.
  1. (b) Must be submitted to the central repository for Nevada records of
  1. criminal history if the child is adjudicated delinquent for an act that, if
  1. committed by an adult, would be a felony or sexual offense, and may be
  1. submitted to the central repository for any other act. The central repository
  1. shall retain the fingerprints of the child under special security measures that
  1. limit inspection of the fingerprints to law enforcement officers who are
  1. conducting criminal investigations and to officers and employees of the
  1. central repository who are assisting law enforcement officers with criminal
  1. investigations or who are conducting research or performing a statistical
  1. analysis.
  1. (c) Must not be submitted to the Federal Bureau of Investigation unless
  1. the child is adjudicated delinquent for an act that, if committed by an adult,
  1. would be a felony or a sexual offense.

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

identification. Except as otherwise provided in this subsection, the

photographs of the child must be kept in the file pertaining to the child

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

photographs [to law enforcement officers who are conducting] may be

inspected only to conduct criminal investigations [.] and photographic

lineups. If a court subsequently determines that the child is not delinquent,

the court shall order the photographs to be destroyed.

  1. 5. Any person who willfully violates any provision of this section is
  1. guilty of a misdemeanor.
  1. Sec. 3. The amendatory provisions of section 1 of this act apply to
  1. offenses that are committed on or after October 1, 1999.
  1. ~