exempt

                                                       (REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 335–Committee on Judiciary

 

March 13, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Enacts provisions pertaining to problem gambling. (BDR 41‑1105)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Contains Appropriation not included in Executive Budget.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to gaming; revising the membership of the gaming policy committee to include a representative of the Nevada Council on Problem Gambling; requiring the state board of education to adopt regulations regarding the establishment and applicability of a course of study concerning the prevention of problem gambling; creating the revolving account to support programs for the prevention and treatment of problem gambling; making an appropriation to the revolving account to support programs for the prevention and treatment of problem gambling; providing for the establishment by a district court of a program for the treatment of offenders suffering from problem gambling; 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. NRS 463.021 is hereby amended to read as follows:

1-2    463.021  1.  The gaming policy committee, consisting of the governor

1-3  as chairman and [10] 11 members, is hereby created.

1-4    2.  The committee must be composed of:

1-5    (a) One member of the commission, designated by the chairman of the

1-6  commission;

1-7    (b) One member of the board, designated by the chairman of the board;

1-8    (c) One member of the senate appointed by the legislative commission;

1-9    (d) One member of the assembly appointed by the legislative

1-10  commission;

1-11    (e) One enrolled member of a Nevada Indian tribe appointed by the

1-12  Inter-Tribal Council of Nevada, Inc.; [and]

1-13    (f) One nonvoting member who is a representative of the Nevada

1-14  Council on Problem Gambling, designated by the Council; and

1-15    (g) Five members appointed by the governor for terms of 2 years as

1-16  follows:

2-1       (1) Two representatives of the general public;

2-2       (2) Two representatives of nonrestricted gaming licensees; and

2-3       (3) One representative of restricted gaming licensees.

2-4    3.  Members who are appointed by the governor serve at the pleasure of

2-5  the governor.

2-6    4.  Members who are legislators serve terms beginning when the

2-7  legislature convenes and continuing until the next regular session of the

2-8  legislature is convened.

2-9    5.  Except as otherwise provided in subsection 6, the governor may call

2-10  meetings of the gaming policy committee for the exclusive purpose of

2-11  discussing matters of gaming policy. The recommendations concerning

2-12  gaming policy made by the committee pursuant to this subsection are

2-13  advisory and not binding on the board or the commission in the

2-14  performance of their duties and functions.

2-15    6.  An appeal filed pursuant to NRS 463.3088 may be considered only

2-16  by a review panel of the committee. The review panel must consist of the

2-17  members of the committee who are identified in paragraphs (a), (b) and (e)

2-18  of subsection 2 and subparagraph (1) of paragraph [(f)] (g) of subsection 2.

2-19    Sec. 2.  NRS 176A.500 is hereby amended to read as follows:

2-20    176A.500  1.  The period of probation or suspension of sentence may

2-21  be indeterminate or may be fixed by the court and may at any time be

2-22  extended or terminated by the court, but the period, including any

2-23  extensions thereof, must not be more than:

2-24    (a) Three years for a:

2-25      (1) Gross misdemeanor; or

2-26      (2) Suspension of sentence pursuant to NRS 453.3363[;] or section

2-27  17 of this act; or

2-28    (b) Five years for a felony.

2-29    2.  At any time during probation or suspension of sentence, the court

2-30  may issue a warrant for violating any of the conditions of probation or

2-31  suspension of sentence and cause the defendant to be arrested. Except for

2-32  the purpose of giving a dishonorable discharge from probation, and except

2-33  as otherwise provided in this subsection, the time during which a warrant

2-34  for violating any of the conditions of probation is in effect is not part of the

2-35  period of probation. If the warrant is canceled or probation is reinstated, the

2-36  court may include any amount of that time as part of the period of

2-37  probation.

2-38    3.  Any parole and probation officer or any peace officer with power to

2-39  arrest may arrest a probationer without a warrant, or may deputize any

2-40  other officer with power to arrest to do so by giving him a written

2-41  statement setting forth that the probationer has, in the judgment of the

2-42  parole and probation officer, violated the conditions of probation. Except

2-43  as otherwise provided in subsection 4, the parole and probation officer, or

2-44  the peace officer, after making an arrest shall present to the detaining

2-45  authorities, if any, a statement of the charges against the probationer. The

2-46  parole and probation officer shall at once notify the court which granted

2-47  probation of the arrest and detention or residential confinement of the

2-48  probationer and shall submit a report in writing showing in what manner

2-49  the probationer has violated the conditions of probation.

3-1    4.  A parole and probation officer or a peace officer may immediately

3-2  release from custody without any further proceedings any person he arrests

3-3  without a warrant for violating a condition of probation if the parole and

3-4  probation officer or peace officer determines that there is no probable

3-5  cause to believe that the person violated the condition of probation.

3-6    Sec. 3.  NRS 179.245 is hereby amended to read as follows:

3-7    179.245  1.  Except as otherwise provided in subsection 5 and NRS

3-8  453.3365, and section 18 of this act, a person who has been convicted of:

3-9    (a) Any felony may, after 15 years from the date of his conviction or, if

3-10  he is imprisoned, from the date of his release from actual custody;

3-11    (b) Any gross misdemeanor may, after 10 years from the date of his

3-12  conviction or release from custody;

3-13    (c) A violation of NRS 484.379 other than a felony, or a battery which

3-14  constitutes domestic violence pursuant to NRS 33.018 other than a felony

3-15  may, after 7 years from the date of his conviction or release from custody;

3-16  or

3-17    (d) Any other misdemeanor may, after 5 years from the date of his

3-18  conviction or release from custody,

3-19  petition the court in which the conviction was obtained for the sealing of

3-20  all records relating to the conviction.

3-21    2.  A petition filed pursuant to subsection 1 must be accompanied by

3-22  current, verified records of the petitioner’s criminal history received from:

3-23    (a) The central repository for Nevada records of criminal history; and

3-24    (b) The local law enforcement agency of the city or county in which the

3-25  conviction was entered.

3-26    3.  Upon receiving a petition pursuant to this section, the court shall

3-27  notify:

3-28    (a) The prosecuting attorney for the county; or

3-29    (b) If the person was convicted in a municipal court, the prosecuting

3-30  attorney for the city.

3-31  The prosecuting attorney and any person having relevant evidence may

3-32  testify and present evidence at the hearing on the petition.

3-33    4.  If, after the hearing, the court finds that, in the period prescribed in

3-34  subsection 1, the petitioner has not been arrested, except for minor moving

3-35  or standing traffic violations, the court may order sealed all records of the

3-36  conviction which are in the custody of the court, of another court in the

3-37  State of Nevada or of a public or private agency, company or official in the

3-38  State of Nevada, and may also order all such criminal identification records

3-39  of the petitioner returned to the file of the court where the proceeding was

3-40  commenced from, including, but not limited to, the Federal Bureau of

3-41  Investigation, the California bureau of identification and [investigation

3-42  bureau,] information, sheriffs’ offices and all other law enforcement

3-43  agencies reasonably known by either the petitioner or the court to have

3-44  possession of such records.

3-45    5.  A person may not petition the court to seal records relating to a

3-46  conviction of a crime against a child or a sexual offense.

3-47    6.  As used in this section:

3-48    (a) “Crime against a child” has the meaning ascribed to it in NRS

3-49  179D.210.

4-1    (b) “Sexual offense” has the meaning ascribed to it in NRS 179D.410.

4-2    Sec. 4.  NRS 179.275 is hereby amended to read as follows:

4-3    179.275  Where the court orders the sealing of a record pursuant to

4-4  NRS 179.245, 179.255 or 453.3365, or section 18 of this act, a copy of the

4-5  order must be sent to:

4-6    1.  The central repository for Nevada records of criminal history; and

4-7    2.  Each public or private company, agency or official named in the

4-8  order, and that person shall seal the records in his custody which relate to

4-9  the matters contained in the order, shall advise the court of his compliance,

4-10  and shall then seal the order.

4-11    Sec. 5.  NRS 179.285 is hereby amended to read as follows:

4-12    179.285  Except as otherwise provided in NRS 179.301, if the court

4-13  orders a record sealed pursuant to NRS 179.245, 179.255 or 453.3365, or

4-14  section 18 of this act, all proceedings recounted in the record are deemed

4-15  never to have occurred, and the person to whom it pertains may properly

4-16  answer accordingly to any inquiry concerning the arrest, conviction or

4-17  acquittal and the events and proceedings relating to the arrest, conviction or

4-18  acquittal.

4-19    Sec. 6.  NRS 179.295 is hereby amended to read as follows:

4-20    179.295  1.  The person who is the subject of the records that are

4-21  sealed pursuant to NRS 179.245, 179.255 or 453.3365 or section 18 of this

4-22  act may petition the court that ordered the records sealed to permit

4-23  inspection of the records by a person named in the petition, and the court

4-24  may order such inspection. Except as otherwise provided in this section

4-25  and NRS 179.301, the court may not order the inspection of the records

4-26  under any other circumstances.

4-27    2.  If a person has been arrested, the charges have been dismissed and

4-28  the records of the arrest have been sealed, the court may order the

4-29  inspection of the records by a prosecuting attorney upon a showing that as

4-30  a result of newly discovered evidence, the person has been arrested for the

4-31  same or similar offense and that there is sufficient evidence reasonably to

4-32  conclude that he will stand trial for the offense.

4-33    3.  The court may, upon the application of a prosecuting attorney or an

4-34  attorney representing a defendant in a criminal action, order an inspection

4-35  of such records for the purpose of obtaining information relating to persons

4-36  who were involved in the incident recorded.

4-37    Sec. 7.  NRS 389.0185 is hereby amended to read as follows:

4-38    389.0185  The state board shall adopt regulations establishing courses

4-39  of study and the grade levels for which the courses of study apply for:

4-40    1.  The academic subjects set forth in NRS 389.018.

4-41    2.  Citizenship and physical training for pupils enrolled in high school.

4-42    3.  Physiology, hygiene and cardiopulmonary resuscitation.

4-43    4.  The prevention of suicide.

4-44    5.  Instruction relating to child abuse.

4-45    6.  The economics of the American system of free enterprise.

4-46    7.  The prevention of problem gambling.

4-47    8.  American Sign Language.

4-48    [8.] 9. Environmental education.

4-49    [9.] 10. Adult roles and responsibilities.

5-1  A course of study established for subsection 1 may include one or more of

5-2  the subjects listed in subsections 2 to [9,] 10, inclusive.

5-3    Sec. 8.  Title 40 of NRS is hereby amended by adding thereto a new

5-4  chapter to consist of the provisions set forth as sections 9 to 18, inclusive,

5-5  of this act.

5-6    Sec. 9.  As used in sections 10 to 15, inclusive, of this act, unless the

5-7  context otherwise requires, the words and terms defined in sections 10

5-8  and 11 of this act have the meanings ascribed to them in those sections.

5-9    Sec. 10.  “Account” means the revolving account to support

5-10  programs for the prevention and treatment of problem gambling.

5-11    Sec. 11.  “Director” means the director of the department of human

5-12  resources.

5-13    Sec. 12.  The revolving account to support programs for the

5-14  prevention and treatment of problem gambling is hereby created in the

5-15  state general fund.

5-16    Sec. 13.  1.  The director shall administer the account.

5-17    2.  The money in the account must be expended only to make grants

5-18  to qualified organizations or persons that provide programs for the

5-19  prevention and treatment of problem gambling.

5-20    3.  The existence of the account does not create a right in any person

5-21  to receive money from the account.

5-22    4.  On or before January 31 of each year, the director shall submit to

5-23  the director of the legislative counsel bureau a written report concerning

5-24  any grants made during the previous year to qualified organizations or

5-25  persons that provide programs for the prevention and treatment of

5-26  problem gambling.

5-27    Sec. 14.  1.  The director may apply for and accept any gift,

5-28  donation, bequest, grant or other source of money. Any money so

5-29  received must be deposited in the account.

5-30    2.  The interest and income earned on money in the account from any

5-31  gift, donation or bequest, after deducting any applicable charges, must be

5-32  credited to the account.

5-33    3.  Money from any gift, donation or bequest that remains in the

5-34  account at the end of the fiscal year does not revert to the state general

5-35  fund, and the balance in the account must be carried forward to the next

5-36  fiscal year.

5-37    Sec. 15.  1.  The director shall adopt regulations to carry out the

5-38  provisions of sections 13 and 14 of this act.

5-39    2.  The regulations adopted by the director must include, without

5-40  limitation:

5-41    (a) The procedure by which qualified organizations or persons may

5-42  apply for a grant of money from the account;

5-43    (b) The criteria that the director will consider in determining whether

5-44  to award such a grant of money from the account; and

5-45    (c) Procedures to distribute the money in the account in a fair and

5-46  equitable manner.

5-47    Sec. 16.  A district court may establish an appropriate program for

5-48  the treatment of problem gambling to which it may assign a defendant

5-49  pursuant to section 17 of this act. The assignment must include the terms

6-1  and conditions for successful completion of the program and provide for

6-2  progress reports at intervals set by the court to ensure that the defendant

6-3  is making satisfactory progress towards completion of the program.

6-4    Sec. 17.  1.  Except as otherwise provided in subsection 2, if a

6-5  defendant who suffers from problem gambling tenders a plea of guilty,

6-6  guilty but mentally ill or nolo contendere to, or is found guilty of, any

6-7  offense for which the suspension of sentence or the granting of probation

6-8  is not prohibited by statute, the court may, without entering a judgment

6-9  of conviction and with the consent of the defendant, suspend further

6-10  proceedings and place the defendant on probation upon terms and

6-11  conditions that must include attendance and successful completion of a

6-12  program established pursuant to section 16 of this act.

6-13    2.  If the offense committed by the defendant involved the use or

6-14  threatened use of force or violence against a victim or if the defendant

6-15  was previously convicted in this state or in any other jurisdiction of a

6-16  felony that involved the use or threatened use of force or violence against

6-17  a victim, the court may not assign the defendant to the program.

6-18    3.  Upon violation of a term or condition:

6-19    (a) The court may enter a judgment of conviction and proceed as

6-20  provided in the section pursuant to which the defendant was charged.

6-21    (b) Notwithstanding the provisions of paragraph (e) of subsection 2 of

6-22  NRS 193.130, the court may order the defendant to the custody of the

6-23  department of prisons if the offense is punishable by imprisonment in the

6-24  state prison.

6-25    4.  Upon fulfillment of the terms and conditions, the court shall

6-26  discharge the defendant and dismiss the proceedings against him. Except

6-27  as otherwise provided in subsection 5, discharge and dismissal pursuant

6-28  to this section is without adjudication of guilt and is not a conviction for

6-29  purposes of this section or for purposes of employment, civil rights or any

6-30  statute or regulation or license or questionnaire or for any other public

6-31  or private purpose, but is a conviction for the purpose of additional

6-32  penalties imposed for second or subsequent convictions or the setting of

6-33  bail. Discharge and dismissal restores the defendant, in the

6-34  contemplation of the law, to the status occupied before the arrest,

6-35  indictment or information. The defendant may not be held thereafter

6-36  under any law to be guilty of perjury or otherwise giving a false

6-37  statement by reason of failure to recite or acknowledge that arrest,

6-38  indictment, information or trial in response to an inquiry made of him

6-39  for any purpose.

6-40    5.  A professional licensing board may consider a proceeding under

6-41  this section in determining suitability for a license or liability to

6-42  discipline for misconduct. Such a board is entitled for those purposes to a

6-43  truthful answer from the applicant or licensee concerning any such

6-44  proceeding with respect to him.

6-45    Sec. 18.  1.  Except as otherwise provided in subsection 3, 3 years

6-46  after a defendant is discharged from probation pursuant to section 17 of

6-47  this act, the court shall order sealed all documents, papers and exhibits

6-48  in the defendant’s record, minute book entries and entries on dockets,

6-49  and other documents relating to the case in the custody of such other

7-1  agencies and officers as are named in the court’s order if the defendant

7-2  fulfills the terms and conditions imposed by the court and the division of

7-3  parole and probation of the department of motor vehicles and public

7-4  safety. The court shall order those records sealed without a hearing

7-5  unless the division of parole and probation of the department of motor

7-6  vehicles and public safety petitions the court, for good cause shown, not

7-7  to seal the records and requests a hearing thereon.

7-8    2.  If the court orders sealed the record of a defendant discharged

7-9  pursuant to section 17 of this act, the court shall send a copy of the order

7-10  to each agency or officer named in the order. Each such agency or

7-11  officer shall notify the court in writing of its compliance with the order.

7-12    3.  A professional licensing board is entitled, for the purpose of

7-13  determining suitability for a license or liability to discipline for

7-14  misconduct, to inspect and to copy from a record sealed pursuant to this

7-15  section.

7-16    Sec. 19.  There is hereby appropriated from the state general fund to

7-17  the revolving account to support programs for the prevention and treatment

7-18  of problem gambling created pursuant to section 12 of this act the sum of

7-19  $250,000.

7-20    Sec. 20.  The amendatory provisions of this act do not apply to

7-21  offenses committed before July 1, 2001.

7-22    Sec. 21.  1.  This section and section 19 of this act become effective

7-23  upon passage and approval.

7-24    2.  Sections 1 to 18, inclusive, and 20 of this act become effective on

7-25  July 1, 2001.

 

7-26  H