Assembly Amendment to Assembly Bill No. 577 (BDR 40-1562)
Proposed by: Committee on Judiciary
Amendment Box:
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 renumbering sections 1 and 2 as sections 2 and 3 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1. Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A local authority may enact an ordinance adopting the penalties set forth for misdemeanors in NRS 453.336 for similar offenses under a local ordinance. The ordinance must set forth the manner in which money collected from fines imposed by a court for a violation of the ordinance must be disbursed in accordance with subsection 2.
2. Money collected from fines imposed by a court for a violation of an ordinance enacted pursuant to subsection 1 must be evenly allocated among:
(a) Facilities for the treatment of abuse of alcohol or drugs established by a local government, if any;
(b) A program of treatment and rehabilitation established by a court pursuant to NRS 453.580, if any; and
(c) Local law enforcement agencies,
in a manner determined by the court.3. As used in this section, "local authority" means the governing board of a county, city or other political subdivision having authority to enact laws or ordinances.".
Amend section 1, page 1, line 7, by deleting "inclusive." and inserting:
"inclusive
Amend section 1, pages 2 and 3, by deleting lines 28 through 42 on page 2 and lines 1 through 11 on page 3 and inserting:
"
(a) For the first offense, is guilty of a misdemeanor and shall be punished by a fine of not more than $500; or
(b) For the second or subsequent offense, is guilty of a misdemeanor and shall be punished by a fine of not more than $1,000, and assigned to a program of treatment and rehabilitation pursuant to NRS 453.580.
5. Unless a greater penalty is provided pursuant to NRS 212.160, a child under 18 years of age who possesses less than 1 ounce of marihuana in violation of the provisions of subsection 1 commits a delinquent act and the court shall order the child:
(a) For the first offense, to pay a fine of not more than $300, and require the child to undergo an evaluation pursuant to NRS 62.2275; or
(b) For the second or subsequent offense, to pay a fine of not more than $500, or to be detained in a facility for the detention of children for not more than 10 days, or both to pay a fine and be detained, and assign the child to an appropriate program of treatment for the treatment of abuse of alcohol or drugs.
".Amend sec. 2, page 3, by deleting line 21 and inserting:
"charge pursuant to
subsection 2 or 3 of NRS 453.336, NRS 453.411 or 454.351, or is found guilty of".Amend sec. 2, page 3, line 24, by deleting:
"
or suspend his sentence".Amend sec. 2, page 3, by deleting lines 31 and 32 and inserting:
"paragraph (e) of subsection 2 of NRS 193.130, upon".
Amend the bill as a whole by deleting sec. 3.
Amend sec. 4, page 5, by deleting lines 5 and 6 and inserting:
"453.401 1. Except as otherwise provided in subsections 3 and 4, if two or more persons conspire to commit an offense which".
Amend sec. 4, page 5, by deleting line 31 and inserting:
"2. Except as otherwise provided in subsection 3, if two or more".
Amend sec. 4, page 5, by deleting lines 38 through 41 and inserting:
"3. If two or more persons conspire to possess
one ounce or more of marihuana unlawfully, except for the purpose of sale, and one of the conspirators does an act in furtherance of the conspiracy, each conspirator is guilty of a gross misdemeanor.".Amend sec. 4, page 6, line 1, by deleting "
Amend sec. 4, page 6, line 4, by deleting "
Amend the bill as a whole by renumbering sec. 5 as sec. 7 and adding new sections designated sections 5 and 6, following sec. 4, to read as follows:
"Sec. 5. NRS 453.580 is hereby amended to read as follows:
subsection 4 of NRS 453.336, NRS 453.3363 or 458.300 or it may assign such a person to an appropriate facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation. The assignment must include the terms and conditions for successful completion of the program and provide for progress reports at intervals set by the court to ensure that the person is making satisfactory progress towards completion of the program.2. A program to which a court assigns a person pursuant to subsection 1 must include:
(a) Information and encouragement for the participant to cease abusing alcohol or using controlled substances through educational, counseling and support sessions developed with the cooperation of various community, health, substance abuse, religious, social service and youth organizations;
(b) The opportunity for the participant to understand the medical, psychological and social implications of substance abuse; and
(c) Alternate courses within the program based on the different substances abused and the addictions of participants.
3. If the offense with which the person was charged involved the use or possession of a controlled substance, in addition to the program or as a part of the program the court must also require frequent urinalysis to determine that the person is not using a controlled substance. The court shall specify how frequent such examinations must be and how many must be successfully completed, independently of other requisites for successful completion of the program.
4. Before the court assigns a person to a program pursuant to this section, the person must agree to pay the cost of the program to which he is assigned and the cost of any additional supervision required pursuant to subsection 3, to the extent of his financial resources. If the person does not have the financial resources to pay all of the related costs, the court shall, to the extent practicable, arrange for the person to be assigned to a program at a facility that receives a sufficient amount of federal or state funding to offset the remainder of the costs.
Sec. 6. NRS 62.211 is hereby amended to read as follows:
62.211 1. Except as otherwise provided in NRS 62.212, 62.224
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) If the child is less than 18 years of age, order:
(1) The parent, guardian or custodian of the child; and
(2) Any brother, sister or other person who is living in the same household as the child over whom the court has jurisdiction,
to attend or participate in counseling, with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse, or techniques of dispute resolution.
(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.
(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney’s fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.
(h) Order the suspension of the child’s driver’s license for at least 90 days but not more than 2 years. If the child does not possess a driver’s license, the court may prohibit the child from receiving a driver’s license for at least 90 days but not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to receive a driver’s license.
(2) After the date he becomes eligible to apply for a driver’s license, if the child is not eligible to receive a license on the date of the order.
If the court issues an order suspending the driver’s license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver’s licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to receive a driver’s license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
(i) Place the child, when he is not in school, under the supervision of:
(1) A public organization to work on public projects;
(2) A public agency to work on projects to eradicate graffiti; or
(3) A private nonprofit organization to perform other public service.
The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.
(j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(k) Require the child to provide restitution to the victim of the crime which the child has committed.
(l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
(m) If the child has not previously been found to be within the purview of this chapter and if the act for which the child is found to be within the purview of this chapter did not involve the use or threatened use of force or violence, order the child to participate in a publicly or privately operated program of sports or physical fitness that is adequately supervised or a publicly or privately operated program for the arts that is adequately supervised. A program for the arts may include, but is not limited to, drawing, painting, photography or other visual arts, musical, dance or theatrical performance, writing or any other structured activity that involves creative or artistic expression. If the court orders the child to participate in a program of sports or physical fitness or a program for the arts, the court may order any or all of the following, in the following order of priority if practicable:
(1) The parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, but not limited to, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program;
(2) The child to work on projects or perform public service pursuant to paragraph (i) for a period that reflects the costs associated with the participation of the child in the program; or
(3) The county in which the petition alleging the child to be delinquent or in need of supervision is filed to pay the costs associated with the participation of the child in the program.
2. If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.
3. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.
4. Except as otherwise provided in NRS 62.455 and 62.570, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
5. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child’s educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
6. In determining whether to place a child pursuant to this section in the custody of 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 whom the court finds suitable and able to provide proper care and guidance for the child.".
Amend the bill as a whole by adding a new section designated sec. 8, following sec. 5, to read as follows:
"Sec. 8. 1. This section and sections 1 to 5, inclusive, and 7 of this act become effective on October 1, 1999.
2. Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1999.".