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 202.2493 is hereby amended to read as follows:

1-2 202.2493 1. A person shall not sell, distribute or offer to sell

1-15 subsection 2 if, before he sells, distributes or offers to sell to another,

2-1 cigarettes, cigarette paper, tobacco of any description or products made

2-2 from tobacco, he:

2-3 (a) Demands that the person present a valid driver’s license or other

2-4 written or documentary evidence which shows that the person is 18 years of

2-5 age or older;

2-6 (b) Is presented a valid driver’s license or other written or documentary

2-7 evidence which shows that the person is 18 years of age or older; and

2-8 (c) Reasonably relies upon the driver’s license or written or

2-9 documentary evidence presented by the person.

2-10 4. The employer of a child who is under 18 years of age may, for the

2-11 purpose of allowing the child to handle or transport tobacco or products

2-12 made from tobacco in the course of the child’s lawful employment, provide

2-13 tobacco or products made from tobacco to the child.

2-14 5. With respect to any sale made by his employee, the owner of a retail

2-15 establishment shall be deemed to be in compliance with the provisions of

2-16 subsection 2 if he:

2-17 (a) Had no actual knowledge of the sale; and

2-18 (b) Establishes and carries out a continuing program of training for his

2-19 employees which is reasonably designed to prevent violations of subsection

2-20 2.

2-21 6. Any money recovered pursuant to this section as a civil penalty must

2-22 be deposited in a separate account in the state general fund to be used for

2-23 the enforcement of this section and NRS 202.2494.

2-24 Sec. 2. NRS 202.2494 is hereby amended to read as follows:

2-25 202.2494 1. A cigarette vending machine must not be placed in a

2-29 used to dispense any product not made from tobacco.

2-30 Sec. 3. Chapter 62 of NRS is hereby amended by adding thereto a new

2-31 section to read as follows:

2-32 1. A child under the age of 18 years shall not falsely represent that

2-33 he is 18 years of age or older to purchase or obtain cigarettes, cigarette

2-34 paper, tobacco of any description or products made from tobacco.

2-35 2. A child who is found to have engaged in an act that is prohibited

2-36 by subsection 1 must be treated in the manner set forth in NRS 62.212

2-37 and in addition to any other action ordered pursuant to NRS 62.212, may

2-38 be ordered to pay a fine of not more than $100.

2-39 Sec. 4. NRS 62.040 is hereby amended to read as follows:

2-40 62.040 1. Except if the child involved is subject to the exclusive

2-42 chapter, the court has exclusive original jurisdiction in proceedings:

3-1 (a) Concerning any child living or found within the county who is in

3-2 need of supervision because he:

3-3 (1) Is a child who is subject to compulsory school attendance and is a

3-4 habitual truant from school;

3-5 (2) Engages in an act described in subsection 1 of section 3 of this

3-6 act;

3-7 (3) Habitually disobeys the reasonable and lawful demands of his

3-8 parents, guardian or other custodian, and is unmanageable; or

3-9 [(3)] (4) Deserts, abandons or runs away from his home or usual

3-10 place of abode,

3-11 and is in need of care or rehabilitation. The child must not be considered a

3-12 delinquent.

3-13 (b) Concerning any child living or found within the county who has

3-14 committed a delinquent act. A child commits a delinquent act if he violates

3-15 a county or municipal ordinance or any rule or regulation having the force

3-16 of law, or he commits an act designated a crime under the law of the State

3-17 of Nevada.

3-18 (c) Concerning any child in need of commitment to an institution for the

3-19 mentally retarded.

3-20 2. For the purposes of subsection 1, each of the following acts shall be

3-21 deemed not to be a delinquent act, and the court does not have jurisdiction

3-22 of a person who is charged with committing such an act:

3-23 (a) Murder or attempted murder and any other related offense arising

3-24 out of the same facts as the murder or attempted murder, regardless of the

3-25 nature of the related offense.

3-26 (b) Sexual assault or attempted sexual assault involving the use or

3-27 threatened use of force or violence against the victim and any other related

3-28 offense arising out of the same facts as the sexual assault or attempted

3-29 sexual assault, regardless of the nature of the related offense, if:

3-30 (1) The person was 16 years of age or older when the sexual assault

3-31 or attempted sexual assault was committed; and

3-32 (2) Before the sexual assault or attempted sexual assault was

3-33 committed, the person previously had been adjudicated delinquent for an

3-34 act that would have been a felony if committed by an adult.

3-35 (c) An offense or attempted offense involving the use or threatened use

3-36 of a firearm and any other related offense arising out of the same facts as

3-37 the offense or attempted offense involving the use or threatened use of a

3-38 firearm, regardless of the nature of the related offense, if:

3-39 (1) The person was 16 years of age or older when the offense or

3-40 attempted offense involving the use or threatened use of a firearm was

3-41 committed; and

3-42 (2) Before the offense or attempted offense involving the use or

3-43 threatened use of a firearm was committed, the person previously had been

4-1 adjudicated delinquent for an act that would have been a felony if

4-2 committed by an adult.

4-3 (d) Any other offense if, before the offense was committed, the person

4-4 previously had been convicted of a criminal offense.

4-5 3. If a child is charged with a minor traffic offense, the court may

4-6 transfer the case and record to a justice’s or municipal court if the judge

4-7 determines that it is in the best interest of the child. If a case is so

4-8 transferred:

4-9 (a) The restrictions set forth in subsection 4 of NRS 62.170 are

4-10 applicable in those proceedings; and

4-11 (b) The child must be accompanied at all proceedings by a parent or

4-12 legal guardian.

4-13 With the consent of the judge of the juvenile division, the case may be

4-14 transferred back to the juvenile court.

4-15 Sec. 5. NRS 62.211 is hereby amended to read as follows:

4-16 62.211 1. Except as otherwise provided in NRS 62.212, 62.224 and

5-1 (e) If the child is less than 18 years of age, order:

5-2 (1) The parent, guardian or custodian of the child; and

5-3 (2) Any brother, sister or other person who is living in the same

5-4 household as the child over whom the court has jurisdiction,

5-5 to attend or participate in counseling, with or without the child, including,

5-6 but not limited to, counseling regarding parenting skills, alcohol or

5-7 substance abuse, or techniques of dispute resolution.

5-8 (f) Order the parent or guardian of the child to participate in a program

5-9 designed to provide restitution to the victim of an act committed by the

5-10 child or to perform public service.

5-11 (g) Order the parent or guardian of the child to pay all or part of the cost

5-12 of the proceedings, including, but not limited to, reasonable attorney’s fees,

5-13 any costs incurred by the court and any costs incurred in the investigation

5-14 of an act committed by the child and the taking into custody of the child.

5-15 (h) Order the suspension of the child’s driver’s license for at least 90

5-16 days but not more than 2 years. If the child does not possess a driver’s

5-17 license, the court may prohibit the child from receiving a driver’s license

5-18 for at least 90 days but not more than 2 years:

5-19 (1) Immediately following the date of the order, if the child is eligible

5-20 to receive a driver’s license.

5-21 (2) After the date he becomes eligible to apply for a driver’s license,

5-22 if the child is not eligible to receive a license on the date of the order.

5-23 If the court issues an order suspending the driver’s license of a child

5-24 pursuant to this paragraph, the judge shall require the child to surrender to

5-25 the court all driver’s licenses then held by the child. The court shall, within

5-26 5 days after issuing the order, forward to the department of motor vehicles

5-27 and public safety the licenses, together with a copy of the order. If,

5-28 pursuant to this paragraph, the court issues an order delaying the ability of a

5-29 child to receive a driver’s license, the court shall, within 5 days after

5-30 issuing the order, forward to the department of motor vehicles and public

5-31 safety a copy of the order. The department of motor vehicles and public

5-32 safety shall report a suspension pursuant to this paragraph to an insurance

5-33 company or its agent inquiring about the child’s driving record, but such a

5-34 suspension must not be considered for the purpose of rating or

5-35 underwriting. The department of motor vehicles and public safety shall not

5-36 require the child to submit to the tests and other requirements which are

5-37 adopted by regulation pursuant to subsection 1 of NRS 483.495 as a

5-38 condition of reinstatement or reissuance after a suspension of his license

5-39 pursuant to this paragraph, unless the suspension resulted from his poor

5-40 performance as a driver.

5-41 (i) Place the child, when he is not in school, under the supervision of:

5-42 (1) A public organization to work on public projects;

5-43 (2) A public agency to work on projects to eradicate graffiti; or

6-1 (3) A private nonprofit organization to perform other public
6-2 service.

6-3 The person under whose supervision the child is placed shall keep the child

6-4 busy and well supervised and shall make such reports to the court as it may

6-5 require. As a condition of such a placement, the court may require the child

6-6 or his parent or guardian to deposit with the court a reasonable sum of

6-7 money to pay for the cost of policies of insurance against liability for

6-8 personal injury and damage to property or for industrial insurance, or both,

6-9 during those periods in which he performs the work, unless, in the case of

6-10 industrial insurance, it is provided by the organization or agency for which

6-11 he performs the work.

6-12 (j) Permit the child to reside in a residence without the immediate

6-13 supervision of an adult, or exempt the child from mandatory attendance at

6-14 school so that the child may be employed full time, or both, if the child is at

6-15 least 16 years of age, has demonstrated the capacity to benefit from this

6-16 placement or exemption and is under the strict supervision of the juvenile

6-17 division.

6-18 (k) Require the child to provide restitution to the victim of the crime

6-19 which the child has committed.

6-20 (l) Impose a fine on the child. If a fine is imposed, the court shall impose

6-21 an administrative assessment pursuant to NRS 62.223.

6-22 (m) If the child has not previously been found to be within the purview

6-23 of this chapter and if the act for which the child is found to be within the

6-24 purview of this chapter did not involve the use or threatened use of force or

6-25 violence, order the child to participate in a publicly or privately operated

6-26 program of sports or physical fitness that is adequately supervised or a

6-27 publicly or privately operated program for the arts that is adequately

6-28 supervised. A program for the arts may include, but is not limited to,

6-29 drawing, painting, photography or other visual arts, musical, dance or

6-30 theatrical performance, writing or any other structured activity that involves

6-31 creative or artistic expression. If the court orders the child to participate in

6-32 a program of sports or physical fitness or a program for the arts, the court

6-33 may order any or all of the following, in the following order of priority if

6-34 practicable:

6-35 (1) The parent or guardian of the child, to the extent of his financial

6-36 ability, to pay the costs associated with the participation of the child in the

6-37 program, including, but not limited to, a reasonable sum of money to pay

6-38 for the cost of policies of insurance against liability for personal injury and

6-39 damage to property during those periods in which the child participates in

6-40 the program;

6-41 (2) The child to work on projects or perform public service pursuant

6-42 to paragraph (i) for a period that reflects the costs associated with the

6-43 participation of the child in the program; or

7-1 (3) The county in which the petition alleging the child to be

7-2 delinquent or in need of supervision is filed to pay the costs associated with

7-3 the participation of the child in the program.

7-4 2. If the court finds that a child who is less than 17 years of age has

7-5 committed a delinquent act, the court may order the parent or guardian of

7-6 the child to pay any fines and penalties imposed for the delinquent act. If

7-7 the parent or guardian is unable to pay the fines and penalties imposed

7-8 because of financial hardship, the court may require the parent or guardian

7-9 to perform community service.

7-10 3. In determining the appropriate disposition of a case concerning a

7-11 child found to be within the purview of this chapter, the court shall consider

7-12 whether the act committed by the child involved the use of a firearm or the

7-13 use or threatened use of force or violence against the victim of the act and

7-14 whether the child is a serious or chronic offender. If the court finds that the

7-15 act committed by the child involved the use of a firearm or the use or

7-16 threatened use of force or violence against the victim or that the child is a

7-17 serious or chronic offender, the court shall include the finding in its order

7-18 and may, in addition to the options set forth in subsections 1 and 2 of this

7-19 section and NRS 62.213:

7-20 (a) Commit the child for confinement in a secure facility, including a

7-21 facility which is secured by its staff.

7-22 (b) Impose any other punitive measures the court determines to be in the

7-23 best interests of the public or the child.

7-24 4. Except as otherwise provided in NRS 62.455 and 62.570, at any

7-25 time, either on its own volition or for good cause shown, the court may

7-26 terminate its jurisdiction concerning the child.

7-27 5. Whenever the court commits a child to any institution or agency

7-28 pursuant to this section or NRS 62.213, it shall transmit a summary of its

7-29 information concerning the child and order the administrator of the school

7-30 that the child last attended to transmit a copy of the child’s educational

7-31 records to the institution or agency. The institution or agency shall give to

7-32 the court any information concerning the child that the court may require.

7-33 6. In determining whether to place a child pursuant to this section in

7-34 the custody of a person other than his parent, guardian or custodian,

7-35 preference must be given to any person related within the third degree of

7-36 consanguinity to the child whom the court finds suitable and able to

7-37 provide proper care and guidance for the child.

7-38 Sec. 6. The amendatory provisions of sections 1 and 2 of this act do

7-39 not apply to offenses that were committed before October 1, 1999.

7-40 Sec. 7. The amendatory provisions of sections 3, 4 and 5 of this act do

7-41 not apply to a false representation made by a child who is under 18 years of

7-42 age to purchase or obtain cigarettes, cigarette paper, tobacco of any

8-1 description or products made from tobacco that occurred before October 1,

8-2 1999.

8-3 Sec. 8. 1. This section and sections 1 to 4, inclusive, and 6 and 7 of

8-4 this act become effective on October 1, 1999.

8-5 2. Section 5 of this act becomes effective at 12:01 a.m. on October 1,

8-6 1999.