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; 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.

1-15 3. If the child and his parent or guardian are unable to provide

1-16 restitution because of financial hardship, the judge, or his authorized

1-17 representative, shall order the child or his parent or guardian, or both, to

1-18 perform community service.

2-1 4. The community service must be performed for and under the

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

2-3 or agency of the State of Nevada or a charitable organization that renders

2-4 service to the community or its residents.

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

2-6 his parent or guardian, or both, to deposit with the court a reasonable sum

2-7 of money to pay for the cost of a policy for insurance against liability for

2-8 personal injury and damage to property or for industrial insurance, or both,

2-9 during those periods in which the work is performed, unless, in the case of

2-10 industrial insurance, it is provided by the authority for which the work is

2-11 performed.

2-12 6. As used in this section, "property" includes real or personal

2-13 property.

2-14 Sec. 2. NRS 62.350 is hereby amended to read as follows:

2-15 62.350 1. The fingerprints of a child must be taken if the child is in

2-16 custody for an act that, if committed by an adult:

2-17 (a) Would be a felony, a gross misdemeanor or a sexual offense; or

2-18 (b) Would be a misdemeanor, and the act involved:

2-19 (1) The use or threatened use of force or violence against the victim;

2-20 or

2-21 (2) The possession, use or threatened use of a firearm or a deadly

2-22 weapon.

2-23 2. The fingerprints of a child who is in custody but who is not subject

2-24 to the provisions of subsection 1 may be taken if a law enforcement officer

2-25 finds latent fingerprints during the investigation of an offense and the

2-26 officer has reason to believe that the latent fingerprints are those of the

2-27 child. The officer shall use the fingerprints taken from the child for the

2-28 purpose of making an immediate comparison with the latent fingerprints. If

2-29 the comparison is:

2-30 (a) Negative, the fingerprint card and other copies of the fingerprints

2-31 taken may be immediately destroyed or may be retained for future use.

2-32 (b) Positive, the fingerprint card and other copies of the fingerprints:

2-33 (1) Must be delivered to the court for disposition if the child is

2-34 referred to court.

2-35 (2) May be immediately destroyed or may be retained for future use

2-36 if the child is not referred to court.

2-37 3. Fingerprints that are taken from a child pursuant to the provisions of

2-38 this section:

2-39 (a) May be retained in a local file or a local system for the automatic

2-40 retrieval of fingerprints if they are retained under special security measures

2-41 that limit inspection of the fingerprints to law enforcement officers who are

2-42 conducting criminal investigations. If the child from whom the fingerprints

2-43 are taken subsequently is not adjudicated delinquent, the parent or

3-1 guardian of the child or, when the child becomes at least 18 years of age,

3-2 the child, may petition the court for the removal of the fingerprints from

3-3 any such local file or local system.

3-4 (b) Must be submitted to the central repository for Nevada records of

3-5 criminal history if the child is adjudicated delinquent for an act that, if

3-6 committed by an adult, would be a felony or sexual offense, and may be

3-7 submitted to the central repository for any other act. The central repository

3-8 shall retain the fingerprints of the child under special security measures

3-9 that limit inspection of the fingerprints to law enforcement officers who are

3-10 conducting criminal investigations and to officers and employees of the

3-11 central repository who are assisting law enforcement officers with criminal

3-12 investigations or who are conducting research or performing a statistical

3-13 analysis.

3-14 (c) Must not be submitted to the Federal Bureau of Investigation unless

3-15 the child is adjudicated delinquent for an act that, if committed by an adult,

3-16 would be a felony or a sexual offense.

3-17 4. A child who is in custody must be photographed for the purpose of

3-18 identification. Except as otherwise provided in this subsection, the

3-19 photographs of the child must be kept in the file pertaining to the child

3-20 under special security measures which provide that [limit inspection of] the

3-21 photographs [to law enforcement officers who are conducting] may be

3-22 inspected only to conduct criminal investigations [.] and photographic

3-23 lineups. If a court subsequently determines that the child is not delinquent,

3-24 the court shall order the photographs to be destroyed.

3-25 5. Any person who willfully violates any provision of this section is

3-26 guilty of a misdemeanor.

3-27 Sec. 3. The amendatory provisions of section 1 of this act apply to

3-28 offenses that are committed on or after October 1, 1999.

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