Assembly Bill No. 25–Assemblyman Carpenter
Prefiled January 17, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Makes various changes concerning minor who
falsely represents his age to purchase tobacco products. (BDR 5‑60)
FISCAL NOTE: Effect on Local Government: Yes.
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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 tobacco; providing that a minor who falsely represents his age to
purchase tobacco products is in need of supervision; authorizing a merchant to
detain such a minor for the purpose of informing a peace officer; 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 62 of
NRS is hereby amended by adding thereto
1-2 the provisions set forth as
sections 2 and 3 of this act.
1-3 Sec. 2. 1. A child under the age of 18 years shall not
falsely
1-4 represent that he is 18 years of age or older to purchase or obtain
1-5 cigarettes, cigarette paper, tobacco of any description or products
made
1-6 from tobacco.
1-7 2. A child who is found to have engaged in an
act that is prohibited
1-8 by subsection 1 must be treated in the manner set forth in NRS
62.212
1-9 and, in addition to any other action ordered pursuant to NRS
62.212,
1-10 may be ordered to pay a fine of not more than $100.
1-11 Sec. 3. 1. A merchant who has reason to believe that a
child has
1-12 falsely represented his age in violation of section 2 of this act
on the
1-13 premises of the merchant may take the child into custody and detain
him,
1-14 on the premises, in a reasonable manner and for a reasonable length
of
1-15 time, for the purpose of informing a peace officer of the
circumstances of
1-16 such detention. Except as otherwise provided in subsection 2, such
a
1-17 taking into custody and detention by a merchant does not render the
1-18 merchant criminally or civilly liable for false arrest, false
imprisonment,
2-1 slander or unlawful detention unless the taking into custody and
2-2 detention are unreasonable under all the circumstances.
2-3 2. A merchant is entitled to the immunity from
liability provided for
2-4 in this section only if there is displayed in a conspicuous place
on his
2-5 premises a notice in boldface type which is clearly legible and in
2-6 substantially the following form:
2-7 A merchant or his agent who
has reason to believe that a child
2-8 under the age of 18 years has falsely represented that he is 18
years
2-9 of age or older to purchase or obtain cigarettes, cigarette paper,
2-10 tobacco of any description or products made from tobacco may
2-11 detain the child on the premises of the merchant for the purpose of
2-12 notifying a peace officer. Section 3 of this act.
2-13 3. The notice set forth in subsection 2 must be
prepared and copies
2-14 thereof supplied on demand by the superintendent of the state
printing
2-15 division of the department of administration. The superintendent
may
2-16 charge a fee based on the cost for each copy of the notice supplied
to a
2-17 person.
2-18 4. As used in this section:
2-19 (a) “Merchant” means an
owner or operator, and the agent,
2-20 consignee, employee, lessee, or officer of an owner or operator, of
any
2-21 premises of a merchant.
2-22 (b) “Premises” means any
establishment or part thereof wherein
2-23 cigarettes, cigarette paper, tobacco of any description or products
made
2-24 from tobacco are displayed, held or offered for sale.
2-25 Sec. 4. NRS 62.040 is hereby amended to read as follows:
2-26 62.040 1. Except if the child involved is subject to
the exclusive
2-27 jurisdiction of an Indian
tribe, and except as otherwise provided in this
2-28 chapter, the court has
exclusive original jurisdiction in proceedings:
2-29 (a) Concerning any child living or found within the county who is
in
2-30 need of supervision because
he:
2-31 (1) Is a child who is subject to compulsory school attendance and
is a
2-32 habitual truant from school;
2-33 (2) Engages in an
act described in subsection 1 of section 2 of this
2-34 act;
2-35 (3) Habitually disobeys the
reasonable and lawful demands of his
2-36 parents, guardian or other
custodian, and is unmanageable; or
2-37 [(3)] (4) Deserts,
abandons or runs away from his home or usual
2-38 place of abode,
2-39 and is in need of care or
rehabilitation. The child must not be considered a
2-40 delinquent.
2-41 (b) Concerning any child living or found within the county who has
2-42 committed a delinquent act.
A child commits a delinquent act if he violates
2-43 a county or municipal
ordinance or any rule or regulation having the force
2-44 of law, or he commits an act
designated a crime under the law of the State
2-45 of Nevada.
2-46 (c) Concerning any child in need of commitment to an institution
for the
2-47 mentally retarded.
3-1 2. For the purposes of
subsection 1, each of the following acts shall be
3-2 deemed not to be a
delinquent act, and the court does not have jurisdiction
3-3 of a person who is charged
with committing such an act:
3-4 (a) Murder or attempted murder and any other related offense
arising
3-5 out of the same facts as the
murder or attempted murder, regardless of the
3-6 nature of the related
offense.
3-7 (b) Sexual assault or attempted sexual assault involving the use or
3-8 threatened use of force or
violence against the victim and any other related
3-9 offense arising out of the
same facts as the sexual assault or attempted
3-10 sexual assault, regardless
of the nature of the related offense, if:
3-11 (1) The person was 16 years of age or older when the sexual
assault
3-12 or attempted sexual assault
was committed; and
3-13 (2) Before the sexual assault or attempted sexual assault was
3-14 committed, the person
previously had been adjudicated delinquent for an
3-15 act that would have been a
felony if committed by an adult.
3-16 (c) An offense or attempted offense involving the use or threatened
use
3-17 of a firearm and any other
related offense arising out of the same facts as
3-18 the offense or attempted
offense involving the use or threatened use of a
3-19 firearm, regardless of the
nature of the related offense, if:
3-20 (1) The person was 16 years of age or older when the offense or
3-21 attempted offense involving
the use or threatened use of a firearm was
3-22 committed; and
3-23 (2) Before the offense or attempted offense involving the use or
3-24 threatened use of a firearm
was committed, the person previously had been
3-25 adjudicated delinquent for
an act that would have been a felony if
3-26 committed by an adult.
3-27 (d) A felony resulting in death or substantial bodily harm to the
victim
3-28 and any other related
offense arising out of the same facts as the felony,
3-29 regardless of the nature of
the related offense, if:
3-30 (1) The felony was committed on the property of a public or
private
3-31 school when pupils or
employees of the school were present or may have
3-32 been present, at an activity
sponsored by a public or private school or on a
3-33 school bus while the bus was
engaged in its official duties; and
3-34 (2) The person intended to create a great risk of death or
substantial
3-35 bodily harm to more than one
person by means of a weapon, device or
3-36 course of action that would
normally be hazardous to the lives of more than
3-37 one person.
3-38 (e) Any other offense if, before the offense was committed, the
person
3-39 previously had been
convicted of a criminal offense.
3-40 3. If a child is charged
with a minor traffic offense, the court may
3-41 transfer the case and record
to a justice’s or municipal court if the judge
3-42 determines that it is in the
best interest of the child. If a case is so
3-43 transferred:
3-44 (a) The restrictions set forth in subsection 6 of NRS 62.170 are
3-45 applicable in those
proceedings; and
3-46 (b) The child must be accompanied at all proceedings by a parent or
3-47 legal guardian.
3-48 With the consent of the
judge of the juvenile division, the case may be
3-49 transferred back to the
juvenile court.
4-1 4. As used in this section,
“school bus” has the meaning ascribed to it
4-2 in NRS 483.160.
4-3 Sec. 5. The amendatory provisions of this act do not apply to a false
4-4 representation made by a
child who is under 18 years of age to purchase or
4-5 obtain cigarettes, cigarette
paper, tobacco of any description or products
4-6 made from tobacco that
occurred before October 1, 2001.
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