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).

1-1 Section 1. NRS 386.360 is hereby amended to read as follows:

1-2 386.360 1. Each board of trustees may [prescribe] adopt and enforce

1-8 a principal may give written permission to a pupil or other person to carry

2-1 or possess a weapon pursuant to NRS 202.265 [.] and subsection 4 of NRS

2-2 392.466.

2-3 Sec. 2. NRS 386.585 is hereby amended to read as follows:

2-4 386.585 1. [A] The governing body of a charter school shall adopt [:

2-43 removal, for his suspension or expulsion [.

3-1 4.] ; and

3-2 (b) Must be suspended or expelled from the charter school in

3-3 accordance with subsection 1 of NRS 392.466.

3-4 6. Except as otherwise provided in subsection 7 and NRS 392.466, if

3-5 a pupil, while on the property of a public school, on a school bus or at an

3-6 activity sponsored by a public school, carries or possesses a firearm:

3-7 (a) The pupil must be:

3-8 (1) Removed from the charter school immediately upon being given

3-9 an explanation of the reasons for his removal and pending proceedings,

3-10 which must be conducted as soon as practicable after removal, for his

3-11 expulsion; and

3-12 (2) Expelled from the charter school in accordance with subsection

3-13 2 of NRS 392.466.

3-14 (b) The chief administrator of the charter school shall immediately

3-15 report the name of the pupil and the facts relating to the incident to:

3-16 (1) A peace officer of the appropriate local law enforcement

3-17 agency; or

3-18 (2) A school police officer. If the chief administrator reports the

3-19 incident to a school police officer, the school police officer shall

3-20 immediately report the name of the pupil and the facts relating to the

3-21 incident to a peace officer of the appropriate local law enforcement

3-22 agency.

3-23 7. A pupil who is enrolled in a charter school and participating in a

3-24 program of special education pursuant to NRS 388.520, other than a pupil

3-25 who is gifted and talented, may, in accordance with the procedural policy

3-26 adopted by the governing body of the charter school for such matters, be:

3-27 (a) Suspended from the charter school pursuant to this section for not

3-28 more than 10 days.

3-29 (b) Suspended from the charter school for more than 10 days or

3-30 permanently expelled from school pursuant to this section only after the

3-31 governing body has reviewed the circumstances and determined that the

3-32 action is in compliance with the Individuals with Disabilities Education

3-33 Act , [(] 20 U.S.C. §§ 1400 et seq. [).

3-34 5.] 8. A copy of the rules of behavior, prescribed punishments and

3-35 procedures to be followed in imposing punishments must be:

3-36 (a) Distributed to each pupil at the beginning of the school year and to

3-37 each new pupil who enters school during the year.

3-38 (b) Available for public inspection at the charter school.

3-39 [6.] 9. The governing body of a charter school may adopt rules relating

3-40 to the truancy of pupils who are enrolled in the charter school if the rules

3-41 are at least as restrictive as the provisions governing truancy set forth in

3-42 NRS 392.130 to 392.220, inclusive. If a governing body adopts rules

4-1 governing truancy, it shall include the rules in the written rules adopted by

4-2 the governing body pursuant to subsection 1.

4-9 392 of NRS.

4-10 Sec. 3. NRS 392.466 is hereby amended to read as follows:

4-11 392.466 1. Except as otherwise provided in this section, [any pupil

4-42 school for a period equal to at least one semester for that school. For the

5-1 period of his suspension or expulsion, the pupil must receive equivalent

5-2 instruction authorized by the state board pursuant to NRS 392.070.

5-3 4. [This section does] The provisions of this section and NRS 386.585

5-4 do not prohibit a pupil from [having in his possession a knife] carrying or

5-5 possessing a dangerous weapon or firearm with the [approval] written

5-6 permission of the principal or chief administrator of the school. A

5-7 principal may [grant such approval] give written permission to a pupil to

5-8 carry or possess a dangerous weapon or firearm only in accordance with

5-9 the [policies or regulations] rules adopted by the board of trustees of the

5-10 school district [.

5-11 5. Any] pursuant to subsection 2 of NRS 386.360. A chief

5-12 administrator may give written permission to a pupil to carry or possess a

5-13 dangerous weapon or firearm only in accordance with the rules adopted

5-14 by the governing body of the charter school pursuant to subsection 1 of

5-15 NRS 386.585.

5-16 5. A pupil in grades 1 to 6, inclusive, [except] other than a pupil who

5-17 [has been found to have possessed] carries or possesses a firearm in

5-18 violation of subsection 2, may be suspended from school or permanently

5-19 expelled from school pursuant to this section only after the board of

5-20 trustees of the school district has reviewed the circumstances and approved

5-21 this action in accordance with the procedural policy adopted by the board

5-22 for such issues.

5-23 6. A pupil who is participating in a program of special education

5-24 pursuant to NRS 388.520, other than a pupil who is gifted and talented,

5-25 may, in accordance with the procedural policy adopted by the board of

5-26 trustees of the school district for such matters, be:

5-27 (a) Suspended from school pursuant to this section for not more than 10

5-28 days. Such a suspension may be imposed pursuant to this paragraph for

5-29 each occurrence of conduct proscribed by subsection 1.

5-30 (b) Suspended from school for more than 10 days or permanently

5-31 expelled from school pursuant to this section only after the board of

5-32 trustees of the school district has reviewed the circumstances and

5-33 determined that the action is in compliance with the Individuals with

5-34 Disabilities Education Act , [(] 20 U.S.C. §§ 1400 et seq. [).]

5-35 7. As used in this section:

5-36 (a) "Battery" has the meaning ascribed to it in paragraph (a) of

5-37 subsection 1 of NRS 200.481.

5-38 (b) "Chief administrator" has the meaning ascribed to it in subsection

5-39 10 of NRS 386.585.

5-40 (c) "Dangerous weapon" includes, without limitation, a blackjack, slung

5-41 shot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a

5-42 nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a

5-43 butterfly knife or any other knife described in NRS 202.350, or any other

6-1 object which is used, or threatened to be used, in such a manner and under

6-2 such circumstances as to pose a threat of, or cause, bodily injury to a

6-3 person.

6-4 [(c)] (d) "Firearm" includes, without limitation, any pistol, revolver,

6-5 shotgun, explosive substance or device, and any other item included within

6-6 the definition of a "firearm" in 18 U.S.C. § 921, as that section existed on

6-7 July 1, 1995.

6-8 Sec. 4. NRS 392.467 is hereby amended to read as follows:

6-9 392.467 1. Except as otherwise provided in [subsections 4 and 5,]

6-42 school police officer, the school police officer shall immediately report

7-1 the name of the pupil and the facts relating to the incident to a peace

7-2 officer of the appropriate local law enforcement agency.

7-3 5. The provisions of chapter 241 of NRS do not apply to any hearing

7-4 conducted pursuant to this section. Such hearings must be closed to the

7-5 public.

7-6 [4.] 6. The board of trustees of a school district shall not authorize the

7-7 expulsion, suspension or removal of any pupil from the public school

7-8 system solely because the pupil is declared a truant or habitual truant in

7-9 accordance with NRS 392.130 or 392.140.

7-10 [5.] 7. A pupil who is participating in a program of special education

7-11 pursuant to NRS 388.520, other than a pupil who is gifted and talented,

7-12 may, in accordance with the procedural policy adopted by the board of

7-13 trustees of the school district for such matters, be:

7-14 (a) Suspended from school pursuant to this section for not more than 10

7-15 days.

7-16 (b) Suspended from school for more than 10 days or permanently

7-17 expelled from school pursuant to this section only after the board of

7-18 trustees of the school district has reviewed the circumstances and

7-19 determined that the action is in compliance with the Individuals with

7-20 Disabilities Education Act , [(] 20 U.S.C. §§ 1400 et seq. [).]

7-21 Sec. 5. Chapter 62 of NRS is hereby amended by adding thereto the

7-22 provisions set forth as sections 6 and 7 of this act.

7-23 Sec. 6. 1. If a peace officer or probation officer has probable

7-24 cause to believe that a child, while on the property of a private or public

7-25 school, on a school bus of a private or public school or at an activity

7-26 sponsored by a private or public school, is carrying or possesses or has

7-27 carried or possessed a firearm in violation of NRS 202.265, the officer

7-28 shall:

7-29 (a) Take the child into custody; and

7-30 (b) File a complaint with the district attorney alleging that the child is

7-31 delinquent.

7-32 2. If a child is taken into custody for an offense described in

7-33 subsection 1:

7-34 (a) The child must not be released pursuant to NRS 62.170;

7-35 (b) Except as otherwise provided in subsection 3, the child must be

7-36 detained at a facility for the detention of juveniles; and

7-37 (c) If the child is taken into custody without a warrant or court order,

7-38 a judicial officer must determine whether there is probable cause to

7-39 believe that the child has committed the offense as soon as reasonably

7-40 practicable but not later than 72 hours after the child is taken into

7-41 custody. For the purposes of this paragraph:

7-42 (1) Any intervening Saturday, Sunday or holiday must be included

7-43 in calculating the period of 72 hours.

8-1 (2) The judicial officer may be a judge or master of the juvenile

8-2 court or may be any other judicial officer who is authorized pursuant to

8-3 Title 14 of NRS to determine whether there is probable cause to believe

8-4 that an adult has committed an offense.

8-5 (3) The judicial officer may determine whether there is probable

8-6 cause to believe that the child has committed the offense based upon any

8-7 evidence and pursuant to any procedures that satisfy the provisions of the

8-8 Constitution of the United States and the constitution of this state, as

8-9 those provisions are applied to a child who is alleged to be delinquent.

8-10 (4) When the determination of probable cause is made by the

8-11 judicial officer, the child is not entitled to any right or process other than

8-12 those rights and procedures that are required for such a determination

8-13 pursuant to the provisions of the Constitution of the United States and

8-14 the constitution of this state, as those provisions are applied to a child

8-15 who is alleged to be delinquent.

8-16 3. If a child is taken into custody for an offense described in

8-17 subsection 1, the child may be detained initially at a police station,

8-18 lockup, jail, prison or other facility in which adults are detained or

8-19 confined, if the detention of the child in such a facility complies with the

8-20 provisions of subsection 6 of NRS 62.170 and the child is transferred to a

8-21 facility for the detention of juveniles:

8-22 (a) In a county whose population is less than 100,000, within 24 hours

8-23 after the commencement of detention at the police station, lockup, jail,

8-24 prison or other facility in which adults are detained or confined; or

8-25 (b) In a county whose population is 100,000 or more, within 6 hours

8-26 after the commencement of detention at the police station, lockup, jail,

8-27 prison or other facility in which adults are detained or confined.

8-28 4. If a judicial officer determines that there is probable cause to

8-29 believe that a child has committed an offense described in subsection 1 or

8-30 if a child is taken into custody pursuant to a warrant or court order for

8-31 an offense described in subsection 1, the child must be:

8-32 (a) Detained at a facility for the detention of juveniles until a judge or

8-33 master conducts a detention hearing pursuant to this section; and

8-34 (b) Evaluated by a qualified professional before the detention hearing

8-35 is conducted pursuant to this section.

8-36 5. A qualified professional who evaluates a child pursuant to

8-37 subsection 4 shall prepare a written report concerning his conclusions

8-38 whether the child is likely to commit an offense that is dangerous to

8-39 himself or the community if the child is released. The qualified

8-40 professional shall provide a copy of the written report to:

8-41 (a) The judge or master who conducts the detention hearing;

8-42 (b) The prosecuting attorney and the probation officer who are

8-43 assigned to the case; and

9-1 (c) The attorney for the child or, if the child is not represented by an

9-2 attorney, the parent, guardian or custodian of the child.

9-3 6. A judge or master shall conduct a detention hearing concerning a

9-4 child who is alleged to have committed an offense described in subsection

9-5 1 not later than 10 days after the date on which the child is taken into

9-6 custody. Any intervening Saturday, Sunday or holiday must be included

9-7 in calculating the period of 10 days. At the detention hearing:

9-8 (a) If a petition alleging delinquency has not been filed, the judge or

9-9 master shall order that the child be released.

9-10 (b) If a petition alleging delinquency has been filed, the judge or

9-11 master shall order that the child, pending disposition of the case, be:

9-12 (1) Detained at a facility for the secure detention of juveniles if

9-13 there is probable cause to believe that the child:

9-14 (I) Is likely to commit an offense that is dangerous to himself or

9-15 the community if the child is released;

9-16 (II) Will run away or be taken away so as to be unavailable for

9-17 proceedings of the court or to its officers; or

9-18 (III) Is a fugitive from another jurisdiction; or

9-19 (2) If the provisions of subparagraph (1) do not otherwise apply:

9-20 (I) Detained at a facility for the detention of juveniles or such

9-21 other place as is designated by the court;

9-22 (II) Conditionally released for supervised detention at the home

9-23 of the child in lieu of detention at a facility for the detention of juveniles;

9-24 or

9-25 (III) Released to the custody of a parent or other person

9-26 appointed by the court.

9-27 7. If a child is evaluated by a qualified professional pursuant to

9-28 subsection 4, the statements made by the child to the qualified

9-29 professional during the evaluation and any evidence directly or indirectly

9-30 derived from those statements may not be used for any purpose in a

9-31 proceeding which is conducted to prove that the child committed a

9-32 delinquent act or criminal offense. The provisions of this subsection do

9-33 not prohibit the district attorney from proving that the child committed a

9-34 delinquent act or criminal offense based upon evidence obtained from

9-35 sources or by means that are independent of the statements made by the

9-36 child to the qualified professional during the evaluation conducted

9-37 pursuant to subsection 4.

9-38 8. As used in this section, "qualified professional" means:

9-39 (a) A psychiatrist licensed to practice medicine in this state and

9-40 certified by the American Board of Psychiatry and Neurology, Inc.;

9-41 (b) A psychologist licensed to practice in this state;

9-42 (c) A social worker holding a master’s degree in social work and

9-43 licensed in this state as a clinical social worker;

10-1 (d) A registered nurse holding a master’s degree in the field of

10-2 psychiatric nursing and licensed to practice professional nursing in this

10-3 state; or

10-4 (e) A marriage and family therapist licensed in this state pursuant to

10-5 chapter 641A of NRS.

10-6 Sec. 7. 1. If a complaint is filed alleging that a child, while on the

10-7 property of a private or public school, on a school bus of a private or

10-8 public school or at an activity sponsored by a private or public school,

10-9 carried or possessed a firearm in violation of NRS 202.265, the district

10-10 attorney shall file a petition pursuant to NRS 62.130 alleging that the

10-11 child is delinquent for committing a violation of NRS 202.265 if, in the

10-12 judgment of the district attorney, such a violation can be proved at an

10-13 adjudicatory hearing conducted pursuant to NRS 62.193.

10-14 2. If a complaint or petition is filed alleging that a child, while on the

10-15 property of a private or public school, on a school bus of a private or

10-16 public school or at an activity sponsored by a private or public school,

10-17 carried or possessed a firearm in violation of NRS 202.265, the child may

10-18 not be, for that violation:

10-19 (a) Referred to a probation officer for informal supervision pursuant

10-20 to NRS 62.128 and 62.129; or

10-21 (b) Placed under the supervision of the court pursuant to a

10-22 supervision and consent decree without a formal adjudication of

10-23 delinquency in accordance with NRS 62.128.

10-24 Sec. 8. NRS 62.040 is hereby amended to read as follows:

10-25 62.040 1. Except if the child involved is subject to the exclusive

10-42 of Nevada.

11-1 (c) Concerning any child in need of commitment to an institution for

11-2 the mentally retarded.

11-3 2. For the purposes of subsection 1, each of the following acts shall be

11-4 deemed not to be a delinquent act, and the court does not have jurisdiction

11-5 of a person who is charged with committing such an act:

11-6 (a) Murder or attempted murder and any other related offense arising

11-7 out of the same facts as the murder or attempted murder, regardless of the

11-8 nature of the related offense.

11-9 (b) Sexual assault or attempted sexual assault involving the use or

11-10 threatened use of force or violence against the victim and any other related

11-11 offense arising out of the same facts as the sexual assault or attempted

11-12 sexual assault, regardless of the nature of the related offense, if:

11-13 (1) The person was 16 years of age or older when the sexual assault

11-14 or attempted sexual assault was committed; and

11-15 (2) Before the sexual assault or attempted sexual assault was

11-16 committed, the person previously had been adjudicated delinquent for an

11-17 act that would have been a felony if committed by an adult.

11-18 (c) An offense or attempted offense involving the use or threatened use

11-19 of a firearm and any other related offense arising out of the same facts as

11-20 the offense or attempted offense involving the use or threatened use of a

11-21 firearm, regardless of the nature of the related offense, if:

11-22 (1) The person was 16 years of age or older when the offense or

11-23 attempted offense involving the use or threatened use of a firearm was

11-24 committed; and

11-25 (2) Before the offense or attempted offense involving the use or

11-26 threatened use of a firearm was committed, the person previously had been

11-27 adjudicated delinquent for an act that would have been a felony if

11-28 committed by an adult.

11-29 (d) Any other offense if, before the offense was committed, the person

11-30 previously had been convicted of a criminal offense.

11-31 3. If a child is charged with a minor traffic offense, the court may

11-32 transfer the case and record to a justice’s or municipal court if the judge

11-33 determines that it is in the best interest of the child. If a case is so

11-34 transferred:

11-35 (a) The restrictions set forth in subsection [4] 5 of NRS 62.170 are

11-36 applicable in those proceedings; and

11-37 (b) The child must be accompanied at all proceedings by a parent or

11-38 legal guardian.

11-39 With the consent of the judge of the juvenile division, the case may be

11-40 transferred back to the juvenile court.

11-41 Sec. 9. NRS 62.128 is hereby amended to read as follows:

11-42 62.128 1. [A] Except as otherwise provided in section 7 of this act,

11-43 a complaint alleging that a child is delinquent or in need of supervision

12-1 must be referred to the probation officer of the appropriate county. The

12-2 probation officer shall conduct a preliminary inquiry to determine whether

12-3 the best interests of the child or of the public require that a petition be filed

12-4 or would better be served by placing the child under informal supervision

12-5 pursuant to NRS 62.129. If judicial action appears necessary, the probation

12-6 officer may recommend the filing of a petition, but any petition must be

12-7 prepared and signed by the district attorney before it is filed with the court.

12-8 The decision of the district attorney on whether to file a petition is final.

12-9 2. If the probation officer refuses to place the child under informal

12-10 supervision or recommend the filing of a petition, the complainant must be

12-11 notified by the probation officer of his right to a review of his complaint by

12-12 the district attorney. The district attorney, upon request of the complainant,

12-13 shall review the facts presented by the complainant and after consultation

12-14 with the probation officer shall prepare, sign and file the petition with the

12-15 court when he believes the action is necessary to protect the community or

12-16 the interests of the child.

12-17 3. [When] Except as otherwise provided in section 6 of this act, if a

12-18 child is in detention or shelter [care and the filing of the petition is not

12-19 approved by the district attorney, the child must be immediately released.

12-20 4. When a child is in detention or shelter] care, the child must be

12-21 immediately released if a petition alleging delinquency or need of

12-22 supervision is not [filed] :

12-23 (a) Approved by the district attorney; or

12-24 (b) Filed within 8 days after the date the complaint was referred to the

12-25 probation officer.

12-26 [5. Upon]

12-27 4. Except as otherwise provided in section 7 of this act, upon the

12-28 filing of the petition, the judge or the master may, in addition to his other

12-29 powers under this chapter:

12-30 (a) Dismiss the petition without prejudice and refer a child to the

12-31 probation officer for informal supervision pursuant to NRS 62.129; or

12-32 (b) Place a child under the supervision of the court pursuant to a

12-33 supervision and consent decree without a formal adjudication of

12-34 delinquency, upon the recommendation of the probation officer, the

12-35 written approval of the district attorney and the written consent and

12-36 approval of the child and his parents or guardian, under the terms and

12-37 conditions provided for in the decree. The petition may be dismissed upon

12-38 successful completion of the terms and conditions of the supervision and

12-39 consent decree, and the child may respond to any inquiry concerning the

12-40 proceedings and events which brought about the proceedings as if they had

12-41 not occurred. The records concerning a supervision and consent decree

12-42 may be considered in a subsequent proceeding before the court regarding

12-43 that child.

13-1 Sec. 10. NRS 62.129 is hereby amended to read as follows:

13-2 62.129 1. [A] Except as otherwise provided in section 7 of this act,

13-36 were successfully completed without the filing of a petition.

13-37 Sec. 11. NRS 62.170 is hereby amended to read as follows:

13-38 62.170 1. Except as otherwise provided in NRS 62.175 [, any] and

13-43 force of law; or

14-1 (b) Whose conduct indicates that he is a child in need of supervision.

14-2 2. Except as otherwise provided in this section, section 6 of this act

14-3 and NRS 484.383, [when] if a child is taken into custody [, the] :

14-4 (a) The officer shall immediately notify the parent, guardian or

14-5 custodian of the child, if known, and the probation officer [.] ; and

14-6 (b) Unless it is impracticable or inadvisable or has been otherwise

14-7 ordered by the court, [or is otherwise provided in this section,] the child

14-8 must be released to the custody of his parent or other responsible adult who

14-9 has signed a written agreement to bring the child to the court at a stated

14-10 time or at such time as the court may direct. The written agreement must

14-11 be submitted to the court as soon as possible. If this person fails to produce

14-12 the child as agreed or upon notice from the court, a writ may be issued for

14-13 the attachment of the person or of the child requiring that the person or

14-14 child, or both of them, be brought into the court at a time stated in the writ.

14-15 [2. If the]

14-16 3. Except as otherwise provided in this section and section 6 of this

14-17 act, if a child who is taken into custody is not released [, as provided in

14-18 subsection 1, the] pursuant to subsection 2:

14-19 (a) The child must be taken without unnecessary delay to [the] :

14-20 (1) The court ; or [to the]

14-21 (2) The place of detention designated by the court, and, as soon as

14-22 possible thereafter, the fact of detention must be reported to the court [.] ;

14-23 and

14-24 (b) Pending further disposition of the case , the court may order that

14-25 the child [may be released] be:

14-26 (1) Released to the custody of the parent or other person appointed

14-27 by the court [, or may be detained] ;

14-28 (2) Detained in such place as is designated by the court, subject to

14-29 further order [. The court may authorize] of the court; or

14-30 (3) Conditionally released for supervised detention at the home of

14-31 the child in lieu of detention at a facility for the detention of juveniles.

14-32 [3. A]

14-33 4. Except as otherwise provided in section 6 of this act, if a child is

14-34 alleged to be delinquent or in need of supervision , the child must not,

14-35 before disposition of the case, be detained in a facility for the secure

14-36 detention of juveniles unless there is probable cause to believe that:

14-37 (a) If the child is not detained, he is likely to commit an offense

14-38 dangerous to himself or to the community, or likely to commit damage to

14-39 property;

14-40 (b) The child will run away or be taken away so as to be unavailable for

14-41 proceedings of the court or to its officers;

14-42 (c) The child was brought to the probation officer pursuant to a court

14-43 order or warrant; or

15-1 (d) The child is a fugitive from another jurisdiction.

15-2 [4. A]

15-3 5. If a child is not alleged to be delinquent or in need of supervision ,

15-4 the child must not , at any time , be confined or detained in [a] :

15-5 (a) A facility for the secure detention of juveniles ; or [any]

15-6 (b) Any police station, lockup, jail, prison or other facility in which

15-7 adults are detained or confined.

15-8 [5. A child under]

15-9 6. If a child is less than 18 years of age , the child must not , at any

15-10 time , be confined or detained in any police station, lockup, jail, prison or

15-11 other facility where the child has regular contact with any adult who is

15-12 confined or detained therein and who has been convicted of a crime or

15-13 [under arrest and] charged with a crime, unless:

15-14 (a) The child is alleged to be delinquent;

15-15 (b) An alternative facility is not available; and

15-16 (c) The child is separated by sight and sound from any adults who are

15-17 confined or detained therein.

15-18 [6. A]

15-19 7. Except as otherwise provided in section 6 of this act, if a child who

15-20 is alleged to be delinquent [who] is taken into custody and detained , the

15-21 child must be given a detention hearing, conducted by the judge or master:

15-22 (a) Within 24 hours after the child submits a written application;

15-23 (b) In a county whose population is less than 100,000, within 24 hours

15-24 after the commencement of detention at a police station, lockup, jail,

15-25 prison or other facility in which adults are detained or confined;

15-26 (c) In a county whose population is 100,000 or more, within 6 hours

15-27 after the commencement of detention at a police station, lockup, jail,

15-28 prison or other facility in which adults are detained or confined; or

15-29 (d) Within 72 hours after the commencement of detention at a facility in

15-30 which adults are not detained or confined,

15-31 whichever occurs first, excluding Saturdays, Sundays and holidays. A

15-32 child must not be released after a detention hearing without the written

15-33 consent of the judge or master.

15-34 [7.] 8. If the parent, guardian or custodian of the child appears with or

15-35 on behalf of the child at a detention hearing, the judge or master shall

15-36 provide to him a certificate of attendance which he may provide to his

15-37 employer. The certificate of attendance must set forth the date and time of

15-38 appearance and the provisions of NRS 62.900. The certificate of

15-39 attendance must not set forth the name of the child or the offense alleged.

15-40 [8. A]

15-41 9. Except as otherwise provided in subsection 10, if a child who is

15-42 alleged to be in need of supervision is taken into custody and detained ,

15-43 the child must [, if alleged to be a child in need of supervision,] be released

16-1 within 24 hours, excluding Saturdays, Sundays and holidays, after his

16-2 initial contact with a peace officer to his parent, guardian or custodian, to

16-3 any other person who is able to provide adequate care and supervision, or

16-4 to shelter care, [except as otherwise provided in subsection 9 or] unless the

16-5 court holds a detention hearing and determines the child:

16-6 (a) Has threatened to run away from home or from the shelter;

16-7 (b) Is accused of violent behavior at home; or

16-8 (c) Is accused of violating the terms of his supervision and consent

16-9 decree.

16-10 If the court makes such a determination, the child may be detained for an

16-11 additional 24 hours after the hearing, excluding Saturdays, Sundays and

16-12 holidays, if needed by the court to make an alternative placement. Such an

16-13 alternative placement must be in a facility in which there are no physically

16-14 restraining devices or barriers. A child must not be detained pursuant to

16-15 this subsection for a total period in excess of 48 hours, excluding

16-16 Saturdays, Sundays and holidays.

16-17 [9. A]

16-18 10. If a child who is alleged to be in need of supervision [who] is

16-19 taken into custody and detained , the child need not be released [within 24

16-20 hours, excluding Saturdays, Sundays and holidays, after his initial contact

16-21 with a peace officer to his parent, guardian or custodian, to any other

16-22 person who is able to provide adequate care and supervision, or to a shelter

16-23 for care,] pursuant to subsection 9, if the court holds a detention hearing

16-24 and determines the child:

16-25 (a) Is a ward of a federal court or held pursuant to federal statute;

16-26 (b) Has run away from another state and a jurisdiction within the state

16-27 has issued a want, warrant or request for the child; or

16-28 (c) Is accused of violating a valid court order.

16-29 If the court makes such a determination, the child may be detained for such

16-30 an additional period as necessary for the court to return the child to the

16-31 jurisdiction from which he originated or to make an alternative placement.

16-32 Such an alternative placement must be in a facility in which there are no

16-33 physically restraining devices or barriers.

16-34 [10.] 11. During the pendency of a criminal or quasi-criminal charge

16-35 of a crime excluded from the original jurisdiction of the juvenile court

16-36 pursuant to NRS 62.040, a child may petition the juvenile [division] court

16-37 for temporary placement in a facility for the detention of juveniles.

16-38 [11.] 12. In determining whether to release a child pursuant to this

16-39 section to a person other than his parent, guardian or custodian, preference

16-40 must be given to any person related within the third degree of

16-41 consanguinity to the child who is suitable and able to provide proper care

16-42 and guidance for the child.

17-1 Sec. 12. NRS 62.228 is hereby amended to read as follows:

17-2 62.228 1. In addition to the options set forth in NRS 62.211 and

17-42 and

18-1 (c) Order an evaluation of the child by a qualified professional to

18-2 determine whether counseling or other psychological treatment would be

18-3 in the best interests of the child. As used in this paragraph, "qualified

18-4 professional" has the meaning ascribed to it in section 6 of this act.

18-5 3. If the court issues an order suspending the driver’s license of a child

18-6 pursuant to this section, the [judge] court shall require the child to

18-7 surrender his driver’s license to the court.

18-8 [3.] 4. If a child is already the subject of a court order suspending or

18-9 delaying the issuance of his driver’s license, the court shall order an

18-10 additional suspension or delay, as appropriate, to apply consecutively with

18-11 the previous order.

18-12 Sec. 13. NRS 62.229 is hereby amended to read as follows:

18-13 62.229 In addition to the options set forth in NRS 62.211 and 62.213

18-26 of the order.

18-27 Sec. 14. NRS 202.265 is hereby amended to read as follows:

18-28 202.265 1. Except as otherwise provided in this section, a person

18-43 person is 21 years of age or older; or

19-1 (b) A category C felony and shall be punished as provided in NRS

19-2 193.130, if the person is less than 21 years of age.

19-3 3. The provisions of this section do not apply to a:

19-4 (a) Peace officer;

19-5 (b) School security guard; or

19-6 (c) Person having written permission from the president of [a] the

19-7 branch or facility of the University and Community College System of

19-8 Nevada or the principal of the private or public school to carry or possess

19-9 [the weapon.] a weapon described in subsection 1.

19-10 4. For the purposes of this section:

19-11 (a) "Explosive or incendiary device" has the meaning ascribed to it in

19-12 NRS 202.260.

19-13 (b) "Firearm" includes [:] , without limitation:

19-14 (1) Any device used to mark the clothing of a person with paint or

19-15 any other substance; and

19-16 (2) Any device from which a metallic projectile, including any ball

19-17 bearing or pellet, may be expelled by means of spring, gas, air or other

19-18 force.

19-19 (c) "Nunchaku" has the meaning ascribed to it in NRS 202.350.

19-20 (d) "Principal" means the principal of a public school or the

19-21 administrator of a charter school or private school who has the authority

19-22 to exercise and perform duties and powers that are equivalent to the

19-23 duties and powers of a principal of a public school pursuant to chapter

19-24 392 of NRS.

19-25 (e) "Switchblade knife" has the meaning ascribed to it in NRS 202.350.

19-26 [(e)] (f) "Trefoil" has the meaning ascribed to it in NRS 202.350.

19-27 [(f) "Vehicle"]

19-28 (g) "School bus" has the meaning ascribed to it in NRS 484.148.

19-29 Sec. 15. NRS 202.300 is hereby amended to read as follows:

19-30 202.300 1. Except as otherwise provided in this section, a child

19-43 is excluded from the jurisdiction of the juvenile court or certified for

20-1 criminal proceedings as an adult in accordance with the provisions of

20-2 that chapter.

20-3 2. A person who aids or knowingly permits a child to violate

20-4 subsection 1:

20-5 (a) Except as otherwise provided in paragraph (b), for the first offense,

20-6 is guilty of a misdemeanor.

20-7 (b) For a first offense, if the person knows or has reason to know that

20-8 there is a substantial risk that the child will use the firearm to commit a

20-9 violent act, is guilty of a category C felony and shall be punished as

20-10 provided in NRS 193.130.

20-11 (c) For a second or any subsequent offense, is guilty of a category B

20-12 felony and shall be punished by imprisonment in the state prison for a

20-13 minimum term of not less than 1 year and a maximum term of not more

20-14 than 6 years, and may be further punished by a fine of not more than

20-15 $5,000.

20-16 3. A person does not aid or knowingly permit a child to violate

20-17 subsection 1 if:

20-18 (a) The firearm was stored in a securely locked container or at a

20-19 location which a reasonable person would have believed to be secure;

20-20 (b) The child obtained the firearm as a result of an unlawful entry by

20-21 any person in or upon the premises where the firearm was stored;

20-22 (c) The injury or death resulted from an accident which was incident to

20-23 target shooting, sport shooting or hunting; or

20-24 (d) The child gained possession of the firearm from a member of the

20-25 military or a law enforcement officer, while the member or officer was

20-26 performing his official duties.

20-27 4. The provisions of subsection 1 do not apply to a child who is a

20-28 member of the Armed Forces of the United States.

20-29 5. Except as otherwise provided in subsection 8, a child who is 14

20-30 years of age or older, who has in his possession a valid license to hunt,

20-31 may handle or have in his possession or under his control, without being

20-32 accompanied by his parent or guardian or an adult person authorized by his

20-33 parent or guardian to have control or custody of him:

20-34 (a) A rifle or shotgun that is not a fully automatic firearm, if the child is

20-35 not otherwise prohibited by law from possessing the rifle or shotgun and

20-36 the child has the permission of his parent or guardian to handle or have in

20-37 his possession or under his control the rifle or shotgun; or

20-38 (b) A firearm capable of being concealed upon the person, if the child

20-39 has the written permission of his parent or guardian to handle or have in

20-40 his possession or under his control such a firearm and the child is not

20-41 otherwise prohibited by law from possessing such a firearm,

21-1 and the child is traveling to the area in which he will be hunting or

21-2 returning from that area and the firearm is not loaded, or the child is

21-3 hunting pursuant to that license.

21-4 6. Except as otherwise provided in subsection 8, a child who is 14

21-5 years of age or older may handle or have in his possession or under his

21-6 control a rifle or shotgun that is not a fully automatic firearm if the child is

21-7 not otherwise prohibited by law from possessing the rifle or shotgun,

21-8 without being accompanied by his parent or guardian or an adult person

21-9 authorized by his parent or guardian to have control or custody of him, if

21-10 the child has the permission of his parent or guardian to handle or have in

21-11 his possession or under his control the rifle or shotgun and the child is:

21-12 (a) Attending a course of instruction in the responsibilities of hunters or

21-13 a course of instruction in the safe use of firearms;

21-14 (b) Practicing the use of a firearm at an established firing range or at

21-15 any other area where the discharge of a firearm is permitted;

21-16 (c) Participating in a lawfully organized competition or performance

21-17 involving the use of a firearm;

21-18 (d) Within an area in which the discharge of firearms has not been

21-19 prohibited by local ordinance or regulation and he is engaging in a lawful

21-20 hunting activity in accordance with chapter 502 of NRS for which a license

21-21 is not required;

21-22 (e) Traveling to or from any activity described in paragraph (a), (b), (c)

21-23 or (d), and the firearm is not loaded;

21-24 (f) On real property that is under the control of an adult, and the child

21-25 has the permission of that adult to possess the firearm on the real property;

21-26 or

21-27 (g) At his residence.

21-28 7. Except as otherwise provided in subsection 8, a child who is 14

21-29 years of age or older may handle or have in his possession or under his

21-30 control, for the purpose of engaging in any of the activities listed in

21-31 paragraphs (a) to (g), inclusive, of subsection 6, a firearm capable of being

21-32 concealed upon the person, without being accompanied by his parent or

21-33 guardian or an adult person authorized by his parent or guardian to have

21-34 control or custody of him, if the child:

21-35 (a) Has the written permission of his parent or guardian to handle or

21-36 have in his possession or under his control such a firearm for the purpose

21-37 of engaging in such an activity; and

21-38 (b) Is not otherwise prohibited by law from possessing such a firearm.

21-39 8. A child shall not handle or have in his possession or under his

21-40 control a loaded firearm if he is:

21-41 (a) An occupant of a motor vehicle;

22-1 (b) Within any residence, including his residence, or any building other

22-2 than a facility licensed for target practice, unless possession of the firearm

22-3 is necessary for the immediate defense of the child or another person; or

22-4 (c) Within an area designated by a county or municipal ordinance as a

22-5 populated area for the purpose of prohibiting the discharge of weapons,

22-6 unless he is within a facility licensed for target practice.

22-7 9. For the purposes of this section, a firearm is loaded if:

22-8 (a) There is a cartridge in the chamber of the firearm;

22-9 (b) There is a cartridge in the cylinder of the firearm, if the firearm is a

22-10 revolver; or

22-11 (c) There is a cartridge in the magazine and the magazine is in the

22-12 firearm or there is a cartridge in the chamber, if the firearm is a

22-13 semiautomatic firearm.

22-14 Sec. 16. The provisions of subsection 1 of NRS 354.599 do not apply

22-15 to any additional expenses of a local government that are related to the

22-16 provisions of this act.

22-17 Sec. 17. The amendatory provisions of this act do not apply to

22-18 offenses that were committed before July 1, 1999.

22-19 Sec. 18. This act becomes effective on July 1, 1999.