Amendment No. 781

Senate Amendment to Assembly Bill No. 53 First Reprint (BDR 15-127)

Proposed by: Committee on Judiciary

Amendment Box: Replaces Amendment No. 663. Resolves conflicts with A.B. No. 221 and A.B. No. 262. Makes substantive change.

Resolves Conflicts with: AB221, AB262.

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend section 1, pages 1 and 2, by deleting lines 13 and 14 on page 1 and lines 1 and 2 on page 2 and inserting:

"a felony that resulted in death or substantial bodily harm to the victim was committed on the property of a public or private school when pupils or employees of the school were present or may have been present, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties, and the person who".

Amend sec. 3, page 3, by deleting lines 3 through 13 and inserting:

"(a) Perpetrated by means of poison, lying in wait [, torture or child abuse,] or torture, or by any other kind of willful, deliberate and premeditated killing;

(b) Committed in the perpetration or attempted perpetration of sexual assault, kidnaping, arson, robbery, burglary, invasion of the home, sexual abuse of a child , [or] sexual molestation of a child under the age of 14 years [;] or child abuse;

(c) Committed to avoid or prevent the lawful arrest of any person by a peace officer or to effect the escape of any person from legal custody [.] ; or

(d) Committed on the property of a public or private school, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties by a person who intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.".

Amend sec. 4, page 5, line 40, by deleting "duties." and inserting:

"duties by a person who intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.".

Amend sec. 5, page 7, by deleting lines 5 through 13 and inserting:

"(d) A felony resulting in death or substantial bodily harm to the victim and any other related offense arising out of the same facts as the felony, regardless of the nature of the related offense, if:

(1) The felony was committed on the property of a public or private school when pupils or employees of the school were present or may have been present, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties; and

(2) The person intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.".

Amend sec. 5, page 7, line 20, by deleting "4" and inserting "5".

Amend sec. 5, page 7, between lines 25 and 26, by inserting:

"4. As used in this section, "school bus" has the meaning ascribed to it in NRS 483.160.".

Amend the bill as a whole by deleting sec. 6 and adding new sections designated sections 6 through 10, following sec. 5, to read as follows:

"Sec. 6. Section 1 of Assembly Bill No. 262 of this session is hereby amended to read as follows:

Section 1. (Deleted by amendment.)

Sec. 7. Section 2 of Assembly Bill No. 262 of this session is hereby amended to read as follows:

Sec. 2. NRS 62.170 is hereby amended to read as follows:

62.170 1. Except as otherwise provided in NRS 62.175 and section 2 of Assembly Bill No. 221 of this [act,] session, a peace officer or probation officer may take into custody any child:

(a) Who the officer has probable cause to believe is violating or has violated any law, ordinance or rule or regulation having the force of law; or

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

2. Except as otherwise provided in this section, section 2 of Assembly Bill No. 221 of this [act] session and NRS 484.383, if a child is taken into custody:

(a) The officer shall [immediately] , without undue delay, attempt to notify , if known, the parent, guardian or custodian of the child [, if known, and the] ;

(b) The facility in which the child is detained shall, without undue delay:

(1) Notify a probation officer; and

[(b)] (2) Attempt to notify, if known, the parent, guardian or custodian of the child if such notification was not accomplished pursuant to paragraph (a); and

(c) Unless it is impracticable or inadvisable or has been otherwise ordered by the court, the child must be released to the custody of his parent or other responsible adult who has signed a written agreement to bring the child to the court at a stated time or at such time as the court may direct. The written agreement must be submitted to the court as soon as possible. If this person fails to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.

3. Except as otherwise provided in this section and section 2 of Assembly Bill No. 221 of this [act,] session, if a child who is taken into custody is not released pursuant to subsection 2:

(a) The child must be taken without unnecessary delay to:

(1) The court; or

(2) The place of detention designated by the court [,] and, as soon as possible thereafter, the fact of detention must be reported to the court; and

(b) Pending further disposition of the case, the court may order that the child be:

(1) Released to the custody of the parent or other person appointed by the court;

(2) Detained in such place as is designated by the court, subject to further order of the court; or

(3) Conditionally released for supervised detention at the home of the child in lieu of detention at a facility for the detention of juveniles.

4. Except as otherwise provided in section 2 of Assembly Bill No. 221 of this [act,] session, if a child is alleged to be delinquent or in need of supervision, the child must not, before disposition of the case, be detained in a facility for the secure detention of juveniles unless there is probable cause to believe that:

(a) If the child is not detained, he is likely to commit an offense dangerous to himself or to the community, or likely to commit damage to property;

(b) The child will run away or be taken away so as to be unavailable for proceedings of the court or to its officers;

(c) The child was brought to the probation officer pursuant to a court order or warrant; or

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

5. If a child is not alleged to be delinquent or in need of supervision, the child must not, at any time, be confined or detained in:

(a) A facility for the secure detention of juveniles; or

(b) Any police station, lockup, jail, prison or other facility in which adults are detained or confined.

6. If a child is less than 18 years of age, the child must not, at any time, be confined or detained in any police station, lockup, jail, prison or other facility where the child has regular contact with any adult who is confined or detained therein and who has been convicted of a crime or charged with a crime, unless:

(a) The child is alleged to be delinquent;

(b) An alternative facility is not available; and

(c) The child is separated by sight and sound from any adults who are confined or detained therein.

7. If a child who is alleged to be delinquent is taken into custody and detained, the child must be given a detention hearing, conducted by the judge or master:

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

(b) In a county whose population is less than 100,000, within 24 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined;

(c) In a county whose population is 100,000 or more, within 6 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined; or

(d) Within 72 hours after the commencement of detention at a facility in which adults are not detained or confined,

whichever occurs first, excluding Saturdays, Sundays and holidays. A child must not be released after a detention hearing without the written consent of the judge or master.

8. If the parent, guardian or custodian of the child appears with or on behalf of the child at a detention hearing, the judge or master shall provide to him a certificate of attendance which he may provide to his employer. The certificate of attendance must set forth the date and time of appearance and the provisions of NRS 62.900. The certificate of attendance must not set forth the name of the child or the offense alleged.

9. Except as otherwise provided in subsection 10, if a child who is alleged to be in need of supervision is taken into custody and detained, the child must be released within 24 hours, excluding Saturdays, Sundays and holidays, after his initial contact with a peace officer to his parent, guardian or custodian, to any other person who is able to provide adequate care and supervision, or to shelter care, unless the court holds a detention hearing and determines the child:

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

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

(c) Is accused of violating the terms of his supervision and consent decree.

If the court makes such a determination, the child may be detained for an additional 24 hours after the hearing, excluding Saturdays, Sundays and holidays, if needed by the court to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers. A child must not be detained pursuant to this subsection for a total period in excess of 48 hours, excluding Saturdays, Sundays and holidays.

10. If a child who is alleged to be in need of supervision is taken into custody and detained, the child need not be released pursuant to subsection 9, if the court holds a detention hearing and determines the child:

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

(b) Has run away from another state and a jurisdiction within the state has issued a want, warrant or request for the child; or

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

If the court makes such a determination, the child may be detained for such an additional period as necessary for the court to return the child to the jurisdiction from which he originated or to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers.

11. During the pendency of a criminal or quasi-criminal charge of a crime excluded from the original jurisdiction of the juvenile court pursuant to NRS 62.040, a child may petition the juvenile court for temporary placement in a facility for the detention of juveniles.

12. In determining whether to release a child pursuant to this section to a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child.

Sec. 8. Assembly Bill No. 262 of this session is hereby amended by adding thereto a new section to read as follows:

Sec. 3. This act becomes effective at 12:01 a.m. on October 1, 1999.

Sec. 9. The amendatory provisions of this act do not apply to offenses committed before October 1, 1999.

Sec. 10. This act becomes effective at 12:02 a.m. on October 1, 1999.".

Amend the title of the bill to read as follows:

"AN ACT relating to public safety; providing for an increased penalty for felonies committed under certain circumstances that threaten the safety of pupils and school employees; revising certain provisions governing the definition of first degree murder; establishing for the purposes of the death penalty an aggravating circumstance relating to murders committed under certain circumstances that threaten the safety of pupils and school employees; revising various provisions relating to juveniles who commit certain unlawful acts; making various other changes concerning the safety of pupils and school employees; providing penalties; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"SUMMARY—Makes various changes concerning safety of children and schools. (BDR 15-127)"