Assembly Bill No. 210–Assemblymen Price, Chowning, Ohrenschall, de Braga, Beers, Cegavske, Arberry, Gibbons, Williams, Von Tobel, Segerblom, Buckley, Anderson, Carpenter and Bache

February 11, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Creates evidentiary privilege for parent for certain confidential communications between parent and his child. (BDR 4-147)

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 privileges; creating an evidentiary privilege for a parent for certain confidential communications between the parent and his child; 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. Chapter 49 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. Except as otherwise provided in subsection 2, a parent may not be

1-4 examined as a witness for or against his child as to a confidential

1-5 communication between the parent and the child without the consent of

1-6 the parent.

1-7 2. The provisions of subsection 1 do not apply to a confidential

1-8 communication between a parent and his child that occurs after the child

1-9 is 18 years of age.

1-10 3. As used in this section:

1-11 (a) "Confidential communication" means a communication between a

1-12 parent and his child that is not intended to be disclosed to a third person

1-13 other than another parent of the child; and

1-14 (b) "Parent" includes a person who is:

2-1 (1) A natural parent, adoptive parent or legal guardian of a child

2-2 whose parental rights exists at the time of a confidential communication

2-3 with the child; and

2-4 (2) A stepparent of a child at the time of a confidential

2-5 communication with the child.

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