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

 

CHAPTER..........

 

AN ACT relating to public safety; providing immunity from civil liability for any person who reports certain threats of violence against a school official, school employee or pupil; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. Chapter 388 of NRS is hereby amended by adding thereto a

 new section to read as follows:

   1.  Except as otherwise provided in subsection 2, if any person who

 knows or has reasonable cause to believe that another person has made

 a threat of violence against a school official, school employee or pupil

 reports in good faith that threat of violence to a school official, teacher,

 school police officer, local law enforcement agency or potential victim of

 the violence that is threatened, the person who makes the report is

 immune from civil liability for any act or omission relating to that

 report. Such a person is not immune from civil liability for any other act

 or omission committed by the person as a part of, in connection with or

 as a principal, accessory or conspirator to the violence, regardless of the

 nature of the other act or omission.

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

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

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

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

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

   3.  As used in this section:

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

 surrounding facts and circumstances which are known, a reasonable

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

 transaction, event, situation or condition exists, is occurring or has

 occurred.

   (b) “School employee” means a licensed or unlicensed person who is

 employed by:

     (1) A board of trustees of a school district pursuant to NRS

 391.100; or

     (2) The governing body of a charter school.

   (c) “School official” means:

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

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

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

 district or the governing body of a charter school.

   (d) “Teacher” means a person employed by the:

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

 other educational services to pupils enrolled in public schools of the

 school district.

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

 other educational services to pupils enrolled in the charter school.

 

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

new section to read as follows:

   1.  Except as otherwise provided in subsection 2, if any person who

 knows or has reasonable cause to believe that another person has made

 a threat of violence against a school official, school employee or pupil

 reports in good faith that threat of violence to a school official, teacher,

 school police officer, local law enforcement agency or potential victim of

 the violence that is threatened, the person who makes the report is

 immune from civil liability for any act or omission relating to that

 report. Such a person is not immune from civil liability for any other act

 or omission committed by the person as a part of, in connection with or

 as a principal, accessory or conspirator to the violence, regardless of the

 nature of the other act or omission.

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

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

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

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

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

   3.  As used in this section:

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

 surrounding facts and circumstances which are known, a reasonable

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

 transaction, event, situation or condition exists, is occurring or has

 occurred.

   (b) “School employee” means a licensed or unlicensed person, other

 than a school official, who is employed by a private school.

   (c) “School official” means:

     (1) An owner of a private school.

     (2) A director of a private school.

     (3) A supervisor at a private school.

     (4) An administrator at a private school.

   (d) “Teacher” means a person employed by a private school to provide

 instruction and other educational services to pupils enrolled in the

 private school.

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

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

 the effective date of this act.

   Sec. 4.  This act becomes effective upon passage and approval.

 

²⁰~~~~~⁰¹