EMERGENCY REQUEST of Senate Minority Leader

 

Senate Bill No. 572–Senators Titus, Wiener, Mathews, Coffin, Carlton, Care, Neal, Schneider and Shaffer

 

May 16, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Provides immunity from civil liability for school officials, teachers, pupils and parents who report certain threats of violence. (BDR 34‑1532)

 

FISCAL NOTE:    Effect on Local Government: No.

                                 Effect on the State: No.

 

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

 

AN ACT relating to public safety; providing immunity from civil liability for school officials, teachers, pupils and parents who report certain threats of violence; 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 388 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  Except as otherwise provided in subsection 2, if a school official,

1-4  teacher, pupil or parent or legal guardian of a pupil who knows or has

1-5  reasonable cause to believe that another person has made a threat of

1-6  violence against a school official, teacher or pupil reports in good faith

1-7  that threat of violence to a school official, teacher, school police officer,

1-8  local law enforcement agency or potential victim of the violence that is

1-9  threatened, the person who makes the report is immune from civil

1-10  liability for any act or omission relating to that report. Such a person is

1-11  not immune from civil liability for any other act or omission committed

1-12  by the person as a part of, in connection with or as a principal, accessory

1-13  or conspirator to the violence, regardless of the nature of the other act or

1-14  omission.

1-15    2.  The provisions of this section do not apply to a person who:

1-16    (a) Is acting in his professional or occupational capacity and is

1-17  required to make a report pursuant to NRS 200.5093 or 432B.220.

1-18    (b) Is required to make a report concerning the commission of a

1-19  violent or sexual offense against a child pursuant to NRS 202.882.

2-1    3.  As used in this section:

2-2    (a) “Reasonable cause to believe” means, in light of all the

2-3  surrounding facts and circumstances which are known, a reasonable

2-4  person would believe, under those facts and circumstances, that an act,

2-5  transaction, event, situation or condition exists, is occurring or has

2-6  occurred.

2-7    (b) “School official” means:

2-8       (1) A member of the board of trustees of a school district.

2-9       (2) A member of the governing body of a charter.

2-10      (3) An administrator employed by the board of trustees of a school

2-11  district or the governing body of a charter school.

2-12    (c) “Teacher” means a person employed by the:

2-13      (1) Board of trustees of a school district to provide instruction or

2-14  other educational services to pupils enrolled in public schools of the

2-15  school district.

2-16      (2) Governing body of a charter school to provide instruction or

2-17  other educational services to pupils enrolled in the charter school.

2-18    Sec. 2.  Chapter 394 of NRS is hereby amended by adding thereto a

2-19  new section to read as follows:

2-20    1.  Except as otherwise provided in subsection 2, if a school official,

2-21  teacher, pupil or parent or legal guardian of a pupil who knows or has

2-22  reasonable cause to believe that another person has made a threat of

2-23  violence against a school official, teacher or pupil reports in good faith

2-24  that threat of violence to a school official, teacher, school police officer,

2-25  local law enforcement agency or potential victim of the violence that is

2-26  threatened, the person who makes the report is immune from civil

2-27  liability for any act or omission relating to that report. Such a person is

2-28  not immune from civil liability for any other act or omission committed

2-29  by the person as a part of, in connection with or as a principal, accessory

2-30  or conspirator to the violence, regardless of the nature of the other act or

2-31  omission.

2-32    2.  The provisions of this section do not apply to a person who:

2-33    (a) Is acting in his professional or occupational capacity and is

2-34  required to make a report pursuant to NRS 200.5093 or 432B.220.

2-35    (b) Is required to make a report concerning the commission of a

2-36  violent or sexual offense against a child pursuant to NRS 202.882.

2-37    3.  As used in this section:

2-38    (a) “Reasonable cause to believe” means, in light of all the

2-39  surrounding facts and circumstances which are known, a reasonable

2-40  person would believe, under those facts and circumstances, that an act,

2-41  transaction, event, situation or condition exists, is occurring or has

2-42  occurred.

2-43    (b) “School official” means:

2-44      (1) An owner of a private school.

2-45      (2) A director of a private school.

2-46      (3) A supervisor at a private school.

2-47      (4) An administrator at a private school.

3-1    (c) “Teacher” means a person employed by a private school to provide

3-2  instruction and other educational services to pupils enrolled in the

3-3  private school.

3-4    Sec. 3.  The immunity from civil liability provided by sections 1 and 2

3-5  of this act applies to reports of threats of violence that are made on or after

3-6  the effective date of this act.

3-7    Sec. 4.  This act becomes effective upon passage and approval.

 

3-8  H