Assembly Amendment to Assembly Bill No. 267 (BDR 15-586)
Proposed by: Committee on Judiciary
Amendment Box: Resolves conflict with A.B. No. 68. Makes substantive changes.
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting sections 1 through 9, renumbering sections 10 and 11 as sections 3 and 4 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
"Section 1. Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2.
As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.".Amend the bill as a whole by deleting sections 12 through 25 and adding new sections designated sections 5 and 6, following sec. 11, to read as follows:
"Sec. 5.
1. Except as otherwise provided in this section, a person who knows or has reasonable cause to believe that another person has committed a violent or sexual offense against a child who is 12 years of age or younger shall report the offense to a law enforcement agency as soon as reasonably practicable, but not later than 24 hours, after the person knows or has reasonable cause to believe that the offense was committed. A person who violates the provisions of this subsection is guilty of a misdemeanor.2. A report made pursuant to subsection 1 must include, without limitation:
(a) If known, the name of the child and the name of the person who committed the violent or sexual offense against the child;
(b) The location where the violent or sexual offense was committed; and
(c) The facts and circumstances which support the person’s belief that the violent or sexual offense was committed.
3. A person may be prosecuted and convicted pursuant to this section only if the person who committed the violent or sexual offense against the child is or has been convicted in this state for:
(a) The violent or sexual offense against the child; or
(b) Any other offense arising out of the same facts as the violent or sexual offense against the child.
4. The provisions of this section do not apply to a person who:
(a) Is less than 16 years of age;
(b) Suffers from a mental or physical impairment or disability that, in light of all the surrounding facts and circumstances, would make it impracticable for the person to report the commission of the violent or sexual offense against the child to a law enforcement agency;
(c) Knows or has reasonable cause to believe that reporting the violent or sexual offense against the child to a law enforcement agency would place the person or any other person who is related to him by blood or marriage or who resides in the same household as him, whether or not the other person is related to him by blood or marriage, in imminent danger of suffering substantial bodily harm; or
(d) Became aware of the violent or sexual offense against the child through a communication or proceeding that is protected by a privilege set forth in chapter 49 of NRS.
Sec. 6. The provisions of section 5 of this act do not apply to offenses that were committed before October 1, 1999.".
Amend the title of the bill to read as follows:
"AN ACT relating to public safety; requiring a person to report certain violent or sexual offenses against a child to a law enforcement agency under certain circumstances; providing a penalty; and providing other matters properly relating thereto.".