2001 REGULAR SESSION (71st) A SB412 341
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, page 1, line 20, after “resided,” by inserting:
“in person or”.
Amend sec. 2, page 2, line 29, after “resided,” by inserting:
“in person or”.
Amend sec. 4, page 4, line 41, after “resided,” by inserting:
“in person or”.
Amend sec. 5, page 6, line 40, by deleting “registrant.” and inserting “offender.”.
Amend sec. 6, page 7, line 6, after “address,” by inserting:
“in person or”.
Amend sec. 10, page 10, line 10, by deleting “agencies” and inserting “agency”.
Amend sec. 10, page 10, line 11, by deleting “resided” and inserting:
“resided, in person or”.
Amend sec. 11, page 12, line 20, by deleting “registrant.” and inserting “sex offender.”.
Amend sec. 12, page 12, line 39, after “address,” by inserting:
“in person or”.
Amend the bill as a whole by renumbering sections 16 and 17 as sections 31 and 32 and adding new sections designated sections 16 through 30, following sec. 15, to read as follows:
“Sec. 16. Chapter 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 17 to 21, inclusive, of this act.
Sec. 17. 1. If a child is adjudicated delinquent for an act that, if committed by an adult, would constitute kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home, the court shall, at the request of the prosecuting attorney, conduct a separate hearing to determine whether the act was sexually motivated.
2. At the hearing, only evidence concerning the question of whether the act was sexually motivated may be presented.
3. After hearing the evidence, the court shall determine whether the act was sexually motivated and shall enter its finding in the record.
4. For the purposes of this section, an act is “sexually motivated” if one of the purposes for which the child committed the act was his sexual gratification.
Sec. 18. “Sexually motivated act” means an act that is determined to be sexually motivated pursuant to section 17 of this act.
Sec. 19. 1. A probation officer assigned to a child who is subject to the provisions of this section, NRS 62.405 to 62.485, inclusive, and section 18 of this act may submit a petition to the court requesting that the court terminate the applicability of the provisions of this section, NRS 62.405 to 62.485, inclusive, and section 18 of this act with respect to the child if:
(a) At the time the child committed the sexual offense or the sexually motivated act for which the child was adjudicated delinquent, the child and the victim of the sexual offense or sexually motivated act committed by the child were members of the same family or household;
(b) The child has complied with the terms and conditions of his probation, including, without limitation, the completion of any counseling in which the child was ordered to participate;
(c) The child’s counselor recommends, in writing, that the court terminate the applicability of the provisions of this section, NRS 62.405 to 62.485, inclusive, and section 18 of this act with respect to the child to allow the reunification of the family or household; and
(d) The victim and the parents or guardians of the victim consent, in writing, to the termination of the applicability of the provisions of this section, NRS 62.405 to 62.485, inclusive, and section 18 of this act with respect to the child to allow the reunification of the family or household.
2. If the court grants a petition requested pursuant to this section, the court shall notify the public school or private school which the child is attending, in writing, that the court has terminated the applicability of the provisions of this section, NRS 62.405 to 62.485, inclusive, and section 18 of this act with respect to the child.
Sec. 20. “Sexually motivated act” means an act that is determined to be sexually motivated pursuant to section 17 of this act.
Sec. 21. 1. If a child who has been adjudicated delinquent for a sexual offense or a sexually motivated act has not previously been relieved of being subject to community notification as a juvenile sex offender, the court may, at any appropriate time, hold a hearing to determine whether the child should be relieved of being subject to community notification as a juvenile sex offender.
2. If the court determines at the hearing that the child has been rehabilitated to the satisfaction of the court and that the child is not likely to pose a threat to the safety of others, the court may relieve the child of being subject to community notification as a juvenile sex offender.
Sec. 22. NRS 62.405 is hereby amended to read as follows:
62.405 As used in NRS 62.405 to 62.485, inclusive, and sections 18 and 19 of this act, unless the context otherwise requires, the words and terms defined in NRS 62.415 to 62.445, inclusive, and section 18 of this act have the meanings ascribed to them in those sections.
Sec. 23. NRS 62.435 is hereby amended to read as follows:
62.435 “Sexual offense” means:
1. Sexual assault pursuant to NRS 200.366;
2. Battery with intent to commit sexual assault pursuant to NRS 200.400;
3. An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
4. Open or gross lewdness pursuant to NRS 201.210 [;] , if punishable as a felony;
5. Indecent or obscene exposure pursuant to NRS 201.220 [;] , if punishable as a felony;
6. Lewdness with a child pursuant to NRS 201.230;
7. Sexual penetration of a dead human body pursuant to NRS 201.450;
8. Annoyance or molestation of a minor pursuant to NRS 207.260 [;] , if punishable as a felony; or
9. An attempt to commit an offense listed in this section [.] , if punishable as a felony.
Sec. 24. NRS 62.455 is hereby amended to read as follows:
62.455 1. In addition [to the options set forth in NRS 62.211 and 62.213 and in addition] to any other [requirements set forth in this chapter,] action authorized or required pursuant to this chapter and except as otherwise provided in section 19 of this act, if a child is adjudicated delinquent for an act that, if committed by an adult, would be a sexual offense, or for a sexually motivated act, the court shall:
(a) Place the child under the supervision of a probation officer [until the child is no longer attending a public school or private school within this state.] for a period of not less than 3 years.
(b) Except as otherwise provided in NRS 62.475 and 62.485, prohibit the child from attending a public school or private school that a victim of the sexual offense or the sexually motivated act is attending [.] for the period ordered by the court pursuant to paragraph (a).
(c) Order the parents or guardians of the child to inform the probation officer assigned to the child each time the child expects to change the public school or private school that [he] the child is attending, not later than 20 days before the expected date of the change.
(d) Order the parents or guardians of the child, to the extent of their financial ability, to reimburse all or part of the additional costs of transporting the child, if such costs are incurred by a county school district pursuant to NRS 392.251 to 392.271, inclusive[.] , and sections 34 and 35 of this act.
(e) Inform the parents or guardians of the child of the requirements of NRS 62.405 to 62.485, inclusive, and sections 18 and 19 of this act, 392.251 to 392.271, inclusive, and sections 34 and 35 of this act, and 394.162 to 394.167, inclusive[.] , and sections 42 and 43 of this act.
2. The court may authorize a superintendent or the executive head of a private school who receives notification from a probation officer pursuant to NRS 62.465 to inform other appropriate educational personnel that the child has been adjudicated delinquent for a sexual offense [.
3. The] or a sexually motivated act.
3. Except as otherwise provided in section 19 of this act, the court may not terminate its jurisdiction concerning the child for the purposes of carrying out the provisions of NRS 62.405 to 62.485, inclusive, [until the child is no longer attending a public school or private school within this state.] and sections 18 and 19 of this act, for the period ordered by the court pursuant to paragraph (a) of subsection 1.
Sec. 25. NRS 62.465 is hereby amended to read as follows:
62.465 1. If a child has been adjudicated delinquent for a sexual offense [,] or a sexually motivated act, the probation officer assigned to the child shall provide notification that the child has been adjudicated delinquent for a sexual offense or a sexually motivated act to:
(a) The superintendent of the county school district in which the child resides; or
(b) If the child is attending a private school within this state, the executive head of the private school.
2. If the probation officer assigned to the child is informed by the parents or guardians of the child that the child expects to change the public school or private school [he] that the child is attending or if the probation officer otherwise becomes aware of such a change, the probation officer shall provide notification that the child has been adjudicated delinquent for a sexual offense or a sexually motivated act to:
(a) The superintendent of the county school district in which the child is or will be residing; or
(b) If the child is or will be attending a private school within this state, the executive head of the private school.
3. Notification provided pursuant to this section must include the name of each victim of a sexual offense or a sexually motivated act committed by the child if the victim is attending a public school or private school within this state.
Sec. 26. NRS 62.475 is hereby amended to read as follows:
62.475 1. The court may permit a child who has been adjudicated delinquent for a sexual offense or a sexually motivated act to attend a public school or private school that a victim of the sexual offense or the sexually motivated act is attending if, upon the request of the child, the superintendent or the executive head of the private school:
(a) The court develops and approves an alternative plan of supervision for the child that protects the safety and the interests of the victim;
(b) The victim and the parents or guardians of the victim consent, in writing, to the plan;
(c) The superintendent or the executive head of the private school consents, in writing, to the plan; and
(d) The child and the parents or guardians of the child agree, in writing, to comply with the conditions of the plan.
2. As part of an alternative plan of supervision, the court shall impose reasonable conditions on the child and, if necessary to facilitate the alternative plan, on the parents or guardians of the child. The conditions must be designed to protect the safety and the interests of the victim and to ensure that the child complies with the plan.
3. Upon its own motion or upon a request from the prosecuting attorney, the victim, the parents or guardians of the victim or the probation officer assigned to the child, the court may modify or rescind the alternative plan of supervision or a condition of the alternative plan after providing notice and an opportunity to be heard to the child, the parents or guardians of the child, the prosecuting attorney and the parties who consented to the alternative plan. If a proposed modification is reasonably likely to increase contact between the victim and the child, the court may not make the modification without the written consent of the victim and the parents or guardians of the victim. If the court rescinds the alternative plan of supervision, the child is subject to the provisions of NRS 62.405 to 62.485, inclusive, and sections 18 and 19 of this act as if the alternative plan had not existed.
4. Before the court accepts the written consent of the victim and the parents or guardians of the victim pursuant to this section, the court shall inform them of their right to withhold consent and, except as otherwise provided in NRS 62.485, their right to have the child not attend the public school or private school the victim is attending.
Sec. 27. NRS 62.485 is hereby amended to read as follows:
62.485 1. If the court does not approve an alternative plan of supervision pursuant to NRS 62.475 for a child who has been adjudicated delinquent for a sexual offense [,] or a sexually motivated act, the superintendent or the executive head of the private school may request that the court approve an alternative plan of attendance for the child.
2. An alternative plan of attendance:
(a) Must be designed to prevent contact between the victim and the child during school hours and during extracurricular activities conducted on school grounds; and
(b) Must not interfere with or alter the schedule of classes or the extracurricular activities of the victim.
3. Before approving an alternative plan of attendance, the court shall provide notice and an opportunity to be heard to the child, the parents or guardians of the child, the prosecuting attorney, the victim and the parents or guardians of the victim.
4. If the court approves an alternative plan of attendance, the prosecuting attorney, the victim or the parents or guardians of the victim may petition the court to modify or rescind the alternative plan on the basis that:
(a) The alternative plan is not protecting the safety or the interests of the victim; or
(b) The child or the public school or private school is not complying with the alternative plan.
5. Upon receiving a petition to modify or rescind an alternative plan of attendance, the court may modify or rescind the alternative plan after providing notice and an opportunity to be heard to the child, the parents or guardians of the child, the prosecuting attorney, the victim, the parents or guardians of the victim and the superintendent or the executive head of the private school. If the court rescinds the alternative plan of attendance, the child is subject to the provisions of NRS 62.405 to 62.485, inclusive, and sections 18 and 19 of this act as if the alternative plan had not existed.
Sec. 28. NRS 62.500 is hereby amended to read as follows:
62.500 As used in NRS 62.500 to 62.600, inclusive, and sections 20 and 21 of this act, unless the context otherwise requires, the words and terms defined in NRS 62.510 to 62.550, inclusive, and section 20 of this act have the meanings ascribed to them in those sections.
Sec. 29. NRS 62.570 is hereby amended to read as follows:
62.570 1. In addition to [the options set forth in NRS 62.211 and 62.213 and in addition to any other requirements set forth in] any other action authorized or required pursuant to this chapter, if a child is adjudicated delinquent for an act that, if committed by an adult, would be a sexual offense [,] or for a sexually motivated act, the court shall:
(a) Notify the attorney general of the adjudication, so the attorney general may arrange for the assessment of the risk of recidivism of the child pursuant to the guidelines and procedures for community notification;
(b) Place the child under the supervision of a probation officer [until the child reaches 21 years of age or is no longer subject to community notification as a juvenile sex offender pursuant to NRS 62.500 to 62.600, inclusive;] for a period of not less than 3 years;
(c) Inform the child and the parents or guardians of the child that the child is subject to community notification as a juvenile sex offender and may be subject to registration and community notification as an adult sex offender pursuant to NRS 62.590; and
(d) Order the child, and the parents or guardians of the child during the minority of the child, while the child is subject to community notification as a juvenile sex offender, to inform the probation officer assigned to the child of a change of the address at which the child resides not later than 48 hours after the change of address.
2. The court may not terminate its jurisdiction concerning the child for the purposes of carrying out the provisions of NRS 62.500 to 62.600, inclusive, and sections 20 and 21 of this act, until the child [reaches 21 years of age or] is no longer subject to community notification as a juvenile sex offender pursuant to NRS 62.500 to 62.600, inclusive[.] , and sections 20 and 21 of this act.
Sec. 30. NRS 62.580 is hereby amended to read as follows:
62.580 1. If a child has been adjudicated delinquent for a sexual offense [,] or a sexually motivated act, the probation officer assigned to the child shall notify the local law enforcement agency in whose jurisdiction the child resides that the child:
(a) Has been adjudicated delinquent for a sexual offense [;] or a sexually motivated act; and
(b) Is subject to community notification as a juvenile sex offender.
2. If the probation officer assigned to the child is informed by the child or the parents or guardians of the child that the child has changed the address at which he resides[,] or if the probation officer otherwise becomes aware of such a change, the probation officer shall notify:
(a) The local law enforcement agency in whose jurisdiction the child last resided that the child has moved; and
(b) The local law enforcement agency in whose jurisdiction the child is now residing that the child:
(1) Has been adjudicated delinquent for a sexual offense [;] or a sexually motivated act; and
(2) Is subject to community notification as a juvenile sex offender.”.
Amend sec. 16, page 15, by deleting lines 5 and 6 and inserting:
“inclusive[:] , and sections 20 and 21 of this act:
1. If a child who has been adjudicated delinquent for a sexual offense [,] or a sexually motivated act is not relieved of being subject to community notification as a juvenile sex offender before the child reaches 21 years of age, the”.
Amend the bill as a whole by deleting sec. 18, renumbering sec. 19 as sec. 50 and adding new sections designated sections 33 through 49, following sec. 17, to read as follows:
“Sec. 33. Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 34 and 35 of this act.
Sec. 34. “Sexual offense” has the meaning ascribed to it in NRS 62.435.
Sec. 35. “Sexually motivated act” has the meaning ascribed to it in section 18 of this act.
Sec. 36. NRS 392.251 is hereby amended to read as follows:
392.251 As used in NRS 392.251 to 392.271, inclusive, and sections 34 and 35 of this act, unless the context otherwise requires, the words and terms defined in NRS 392.254, 392.258 and 392.261 and sections 34 and 35 of this act have the meanings ascribed to them in those sections.
Sec. 37. NRS 392.254 is hereby amended to read as follows:
392.254 “Notification” means a notification which indicates that a child has been adjudicated delinquent for a sexual offense or a sexually motivated act and which is provided by a probation officer pursuant to NRS 62.465.
Sec. 38. NRS 392.258 is hereby amended to read as follows:
392.258 “Offender” means a child identified in a notification as the child who has been adjudicated delinquent for a sexual offense [.] or a sexually motivated act.
Sec. 39. NRS 392.261 is hereby amended to read as follows:
392.261 “Victim” means a child identified in a notification as a victim of a sexual offense or a sexually motivated act committed by the offender.
Sec. 40. NRS 392.264 is hereby amended to read as follows:
392.264 1. If a superintendent of a school district receives notification and a victim identified in the notification is a pupil in the school district, the superintendent shall not permit [the] an offender who is subject to the provisions of NRS 62.405 to 62.485, inclusive, and sections 18 and 19 of this act, to attend a public school that a victim is attending unless:
(a) An alternative plan of supervision is approved by the court pursuant to NRS 62.475; or
(b) An alternative plan of attendance is approved by the court pursuant to NRS 62.485.
2. If the court does not approve an alternative plan of supervision or an alternative plan of attendance for the offender and the school district in which the offender resides does not have another public school in the district for the offender to attend, the superintendent of the school district shall negotiate an agreement with:
(a) The superintendent of an adjoining school district within this state for the offender to attend a public school in that adjoining school district; or
(b) The superintendent, or another appropriate administrator, of an adjoining school district in an adjoining state for the offender to attend a public school in that adjoining school district.
3. The superintendent of the school district in which the offender resides shall inform the person with whom he is negotiating that the offender has been adjudicated delinquent for a sexual offense [,] or a sexually motivated act, but the superintendent shall not disclose the name of a victim.
4. An agreement which is made pursuant to this section and which is presented to a board of trustees for approval:
(a) Must not contain the name of a victim;
(b) Must comply with the provisions of subsections 2 and 3 of NRS 392.010; and
(c) Must be approved by the superintendent of public instruction.
5. A board of trustees may terminate an agreement entered into pursuant to this section if, because of a change in circumstances, the offender is able to attend a public school in the school district in which he resides without violating subsection 1.
Sec. 41. Chapter 394 of NRS is hereby amended by adding thereto the provisions set forth as sections 42 and 43 of this act.
Sec. 42. “Sexual offense” has the meaning ascribed to it in NRS 62.435.
Sec. 43. “Sexually motivated act” has the meaning ascribed to it in section 18 of this act.
Sec. 44. NRS 394.162 is hereby amended to read as follows:
394.162 As used in NRS 394.162 to 394.167, inclusive, and sections 42 and 43 of this act, unless the context otherwise requires, the words and terms defined in NRS 394.163, 394.164 and 394.165 and sections 42 and 43 of this act have the meanings ascribed to them in those sections.
Sec. 45. NRS 394.163 is hereby amended to read as follows:
394.163 “Notification” means a notification which indicates that a child has been adjudicated delinquent for a sexual offense or a sexually motivated act and which is provided by a probation officer pursuant to NRS 62.465.
Sec. 46. NRS 394.164 is hereby amended to read as follows:
394.164 “Offender” means a child identified in a notification as the child who has been adjudicated delinquent for a sexual offense [.] or a sexually motivated act.
Sec. 47. NRS 394.165 is hereby amended to read as follows:
394.165 “Victim” means a child identified in a notification as a victim of a sexual offense or a sexually motivated act committed by the offender.
Sec. 48. NRS 394.166 is hereby amended to read as follows:
394.166 If the executive head of a private school receives notification and a victim identified in the notification is attending a private school under his authority, [he] the executive head shall not permit [the] an offender who is subject to the provisions of NRS 62.405 to 62.485, inclusive, and sections 18 and 19 of this act, to attend the private school that a victim is attending unless:
1. An alternative plan of supervision is approved by the court pursuant to NRS 62.475; or
2. An alternative plan of attendance is approved by the court pursuant to NRS 62.485.
Sec 49. 1. Except as otherwise provided in this section, the amendatory provisions of this act apply to offenses or delinquent acts committed before, on or after July 1, 2001.
2. The amendatory provisions of section 8 of this act do not affect the date on which registration is deemed to have begun for an offender convicted of a crime against a child pursuant to subsection 2 of NRS 179D.270.
3. The amendatory provisions of section 9 of this act do not apply to violations of NRS 179D.290 committed before July 1, 2001.
4. The amendatory provisions of section 14 of this act do not affect the date on which registration is deemed to have begun for a sex offender pursuant to subsection 2 of NRS 179D.490.
5. The amendatory provisions of section 15 of this act do not apply to violations of NRS 179D.550 committed before July 1, 2001.
6. The amendatory provisions of sections 17 and 23 of this act do not apply to delinquent acts committed before July 1, 2001.”.
Amend the title of the bill, sixth line, after “address;” by inserting:
“revising various provisions governing community notification of juvenile sex offenders; revising various provisions governing attendance of juvenile sex offenders at the same public school or private school as their victims;”.