(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 546–Committee on Judiciary

 

(On Behalf of Office of the Attorney General)

 

March 26, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises penalties for abuse or neglect of child. (BDR 15‑471)

 

FISCAL NOTE:  Effect on Local Government: No.

                             Effect on the State: Yes.

 

~

 

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

 

AN ACT relating to crimes; revising the penalties for abuse or neglect of a child; providing penalties; 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 200.508 is hereby amended to read as follows:

1-2    200.508  1.  A person who[:

1-3    (a) Willfully] willfully causes a child who is less than 18 years of age to

1-4  suffer unjustifiable physical pain or mental suffering as a result of abuse or

1-5  neglect or to be placed in a situation where the child may suffer physical

1-6  pain or mental suffering as the result of abuse or neglect[; or

1-7    (b) Is] :

1-8    (a) If substantial bodily or mental harm results to the child:

1-9       (1) If the child is less than 14 years of age and the harm is the

1-10  result of sexual abuse or exploitation, is guilty of a category A felony and

1-11  shall be punished by imprisonment in the state prison for life with the

1-12  possibility of parole, with eligibility for parole beginning when a

1-13  minimum of 15 years has been served; or

1-14      (2) In all other such cases to which subparagraph (1) does not

1-15  apply, is guilty of a category B felony and shall be punished by

1-16  imprisonment in the state prison for a minimum term of not less than 2

1-17  years and a maximum term of not more than 20 years; or

1-18  (b) If substantial bodily or mental harm does not result to the child:

1-19      (1) If the person has not previously been convicted of a violation of

1-20  this section or of a violation of the law of any other jurisdiction that

1-21  prohibits the same or similar conduct, is guilty of a category B felony and

1-22  shall be punished by imprisonment in the state prison for a minimum

2-1  term of not less than 1 year and a maximum term of not more than 6

2-2  years; or

2-3       (2) If the person has previously been convicted of a violation of this

2-4  section or of a violation of the law of any other jurisdiction that prohibits

2-5  the same or similar conduct, is guilty of a category B felony and shall be

2-6  punished by imprisonment in the state prison for a minimum term of not

2-7  less than 2 years and a maximum term of not more than

2-8  15 years,

2-9  unless a more severe penalty is prescribed by law for an act or omission

2-10  that brings about the abuse or neglect.

2-11  2.  A person who is responsible for the safety or welfare of a child and

2-12  who permits or allows that child to suffer unjustifiable physical pain or

2-13  mental suffering as a result of abuse or neglect or to be placed in a situation

2-14  where the child may suffer physical pain or mental suffering as the result

2-15  of abuse or neglect[,

2-16  is guilty of a gross misdemeanor unless a more severe penalty is prescribed

2-17  by law for an act or omission which brings about the abuse, neglect or

2-18  danger.

2-19  2.  A person who violates any provision of subsection 1, if] :

2-20  (a) If substantial bodily or mental harm results to the child:

2-21  [(a)] (1) If the child is less than 14 years of age and the harm is the

2-22  result of sexual abuse or exploitation, is guilty of a category A felony and

2-23  shall be punished by imprisonment in the state prison for life with the

2-24  possibility of parole, with eligibility for parole beginning when a minimum

2-25  of 10 years has been served; or

2-26  [(b)]    (2) In all other such cases to which [paragraph (a)]

2-27  subparagraph (1) does not apply, is guilty of a category B felony and shall

2-28  be punished by imprisonment in the state prison for a minimum term of not

2-29  less than 2 years and a maximum term of not more than 20 years[.] ; or

2-30  (b) If substantial bodily or mental harm does not result to the child:

2-31      (1) If the person has not previously been convicted of a violation of

2-32  this section or of a violation of the law of any other jurisdiction that

2-33  prohibits the same or similar conduct, is guilty of a gross misdemeanor;

2-34  or

2-35      (2) If the person has previously been convicted of a violation of this

2-36  section or of a violation of the law of any other jurisdiction that prohibits

2-37  the same or similar conduct, is guilty of a category C felony and shall be

2-38  punished as provided in NRS 193.130,

2-39  unless a more severe penalty is prescribed by law for an act or omission

2-40  that brings about the abuse or neglect.

2-41    3.  As used in this section:

2-42    (a) “Abuse or neglect” means physical or mental injury of a

2-43  nonaccidental nature, sexual abuse, sexual exploitation, negligent treatment

2-44  or maltreatment of a child under the age of 18 years, as set forth in

2-45  paragraph (d) and NRS 432B.070, 432B.100, 432B.110, 432B.140 and

2-46  432B.150, under circumstances which indicate that the child’s health or

2-47  welfare is harmed or threatened with harm.

3-1    (b) “Allow” means to do nothing to prevent or stop the abuse or neglect

3-2  of a child in circumstances where the person knows or has reason to know

3-3  that the child is abused or neglected.

3-4    (c) “Permit” means permission that a reasonable person would not grant

3-5  and which amounts to a neglect of responsibility attending the care,

3-6  custody and control of a minor child.

3-7    (d) “Physical injury” means:

3-8       (1) Permanent or temporary disfigurement; or

3-9       (2) Impairment of any bodily function or organ of the body.

3-10    (e) “Substantial mental harm” means an injury to the intellectual or

3-11  psychological capacity or the emotional condition of a child as evidenced

3-12  by an observable and substantial impairment of the ability of the child to

3-13  function within his normal range of performance or behavior.

3-14    Sec. 2.  NRS 207.012 is hereby amended to read as follows:

3-15    207.012  1.  A person who:

3-16    (a) Has been convicted in this state of a felony listed in subsection 2;

3-17  and

3-18    (b) Before the commission of that felony, was twice convicted of any

3-19  crime which under the laws of the situs of the crime or of this state would

3-20  be a felony listed in subsection 2, whether the prior convictions occurred in

3-21  this state or elsewhere,

3-22  is a habitual felon and shall be punished for a category A felony by

3-23  imprisonment in the state prison:

3-24      (1) For life without the possibility of parole;

3-25      (2) For life with the possibility of parole, with eligibility for parole

3-26  beginning when a minimum of 10 years has been served; or

3-27      (3) For a definite term of 25 years, with eligibility for parole

3-28  beginning when a minimum of 10 years has been served.

3-29    2.  The district attorney shall include a count under this section in any

3-30  information or shall file a notice of habitual felon if an indictment is found,

3-31  if each prior conviction and the alleged offense committed by the accused

3-32  constitutes a violation of subparagraph (1) of paragraph (a) of subsection 1

3-33  of NRS 193.330, NRS 199.160, 199.500, 200.030, 200.320, 200.330,

3-34  200.340, 200.366, 200.380, 200.390, subsection 3 or 4 of NRS 200.400,

3-35  NRS 200.410, subsection 3 of NRS 200.450, subsection 4 of NRS 200.460,

3-36  NRS 200.465, subsection 1, paragraph (a) of subsection 2 or

3-37  subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, NRS

3-38  200.710, 200.720, 201.230, 201.450, 202.170, 202.270, subsection 2 of

3-39  NRS 202.780, paragraph (b) of subsection 2 of NRS 202.820, subsection 2

3-40  of NRS 202.830, NRS 205.010, subsection 4 of NRS 205.060, subsection 4

3-41  of NRS 205.067, NRS 205.075, 207.400, paragraph (a) of subsection 1 of

3-42  NRS 212.090, NRS 453.333, 484.219 or 484.3795.

3-43    3.  The trial judge may not dismiss a count under this section that is

3-44  included in an indictment or information.

3-45    Sec. 3.  NRS 178.5698 is hereby amended to read as follows:

3-46    178.5698  1.  The prosecuting attorney, sheriff or chief of police shall,

3-47  upon the written request of a victim or witness, inform him:

3-48    (a) When the defendant is released from custody at any time before or

3-49  during the trial;

4-1    (b) If the defendant is so released, the amount of bail required, if any;

4-2  and

4-3    (c) Of the final disposition of the criminal case in which he was directly

4-4  involved.

4-5    2.  If an offender is convicted of a sexual offense or an offense

4-6  involving the use or threatened use of force or violence against the victim,

4-7  the court shall provide:

4-8    (a) To each witness, documentation that includes:

4-9       (1) A form advising the witness of the right to be notified pursuant to

4-10  subsection 4;

4-11      (2) The form that the witness must use to request notification; and

4-12      (3) The form or procedure that the witness must use to provide a

4-13  change of address after a request for notification has been submitted.

4-14    (b) To each person listed in subsection 3, documentation that includes:

4-15      (1) A form advising the person of the right to be notified pursuant to

4-16  subsection 4 or 5 and NRS 176.015, 176A.630, 209.392, 209.3925,

4-17  209.521, 213.010, 213.040, 213.095 and 213.130;

4-18      (2) The forms that the person must use to request notification; and

4-19      (3) The forms or procedures that the person must use to provide a

4-20  change of address after a request for notification has been submitted.

4-21    3.  The following persons are entitled to receive documentation

4-22  pursuant to paragraph (b) of subsection 2:

4-23    (a) A person against whom the offense is committed.

4-24    (b) A person who is injured as a direct result of the commission of the

4-25  offense.

4-26    (c) If a person listed in paragraph (a) or (b) is under the age of 18 years,

4-27  each parent or guardian who is not the offender.

4-28    (d) Each surviving spouse, parent and child of a person who is killed as

4-29  a direct result of the commission of the offense.

4-30    (e) A relative of a person listed in paragraphs (a) to (d), inclusive, if the

4-31  relative requests in writing to be provided with the documentation.

4-32    4.  Except as otherwise provided in subsection 5, if the offense was a

4-33  felony and the offender is imprisoned, the warden of the prison shall, if the

4-34  victim or witness so requests in writing and provides his current address,

4-35  notify him at that address when the offender is released from the prison.

4-36    5.  If the offender was convicted of a violation of subsection 3 of NRS

4-37  200.366 or a violation of subsection 1, paragraph (a) of subsection 2 or

4-38  subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, the

4-39  warden of the prison shall notify:

4-40    (a) The immediate family of the victim if the immediate family provides

4-41  their current address;

4-42    (b) Any member of the victim’s family related within the third degree of

4-43  consanguinity, if the member of the victim’s family so requests in writing

4-44  and provides his current address; and

4-45    (c) The victim, if he will be 18 years of age or older at the time of the

4-46  release and has provided his current address,

4-47  before the offender is released from prison.

4-48    6.  The warden must not be held responsible for any injury proximately

4-49  caused by his failure to give any notice required pursuant to this section if

5-1  no address was provided to him or if the address provided is inaccurate or

5-2  not current.

5-3    7.  As used in this section:

5-4    (a) “Immediate family” means any adult relative of the victim living in

5-5  the victim’s household.

5-6    (b) “Sexual offense” means:

5-7       (1) Sexual assault pursuant to NRS 200.366;

5-8       (2) Statutory sexual seduction pursuant to NRS 200.368;

5-9       (3) Battery with intent to commit sexual assault pursuant to

5-10  NRS 200.400;

5-11      (4) An offense involving pornography and a minor pursuant to

5-12  NRS 200.710 to 200.730, inclusive;

5-13      (5) Incest pursuant to NRS 201.180;

5-14      (6) Solicitation of a minor to engage in acts constituting the infamous

5-15  crime against nature pursuant to NRS 201.195;

5-16      (7) Open or gross lewdness pursuant to NRS 201.210;

5-17      (8) Indecent or obscene exposure pursuant to NRS 201.220;

5-18      (9) Lewdness with a child pursuant to NRS 201.230;

5-19      (10) Sexual penetration of a dead human body pursuant to

5-20  NRS 201.450;

5-21      (11) Annoyance or molestation of a minor pursuant to NRS 207.260;

5-22      (12) An offense that, pursuant to a specific statute, is determined to

5-23  be sexually motivated; or

5-24      (13) An attempt to commit an offense listed in this paragraph.

5-25    Sec. 4.  NRS 213.1255 is hereby amended to read as follows:

5-26    213.1255  1.  In addition to any conditions of parole required to be

5-27  imposed pursuant to NRS 213.1245, as a condition of releasing on parole a

5-28  prisoner who was convicted of committing an offense listed in subsection 2

5-29  against a child under the age of 14 years, the board shall, when appropriate:

5-30    (a) Require the parolee to participate in psychological counseling;

5-31    (b) Prohibit the parolee from being alone with a child unless another

5-32  adult who has never been convicted of a sexual offense is present; and

5-33    (c) Prohibit the parolee from being on or near the grounds of any place

5-34  that is primarily designed for use by or for children, including, without

5-35  limitation, a public or private school, a center or facility that provides day

5-36  care services, a video arcade and an amusement park.

5-37    2.  The provisions of subsection 1 apply to a prisoner who was

5-38  convicted of:

5-39    (a) Sexual assault pursuant to paragraph (c) of subsection 3 of NRS

5-40  200.366;

5-41    (b) Abuse or neglect of a child pursuant to subparagraph (1) of

5-42  paragraph (a) of subsection 1 or subparagraph (1) of paragraph (a) of

5-43  subsection 2 of NRS 200.508;

5-44    (c) An offense punishable pursuant to subsection 2 of NRS 200.750;

5-45    (d) Solicitation of a minor to engage in acts constituting the infamous

5-46  crime against nature pursuant to subparagraph (1) of paragraph (a) of

5-47  subsection 1 of NRS 201.195;

5-48    (e) Lewdness with a child pursuant to NRS 201.230; or

6-1    (f) Any combination of the crimes listed in paragraphs (a) to (e),

6-2  inclusive.

6-3    Sec. 5.   1.  Except as otherwise provided in subsection 2, the

6-4  amendatory provisions of this act do not apply to offenses committed

6-5  before October 1, 2001.

6-6    2.  The amendatory provisions of this act apply to offenses committed

6-7  before October 1, 2001, for the purposes of determining whether a person

6-8  is subject to the provisions of subparagraph (2) of paragraph (b) of

6-9  subsection 1 or subparagraph (2) of paragraph (b) of subsection 2 of NRS

6-10  200.508, as amended by this act.

 

6-11  H