(REPRINTED WITH ADOPTED AMENDMENTS)

 

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 person who reports threats of violence against school officials, school employees or pupils. (BDR 34‑1532)

 

FISCAL NOTE:                     Effect on Local Government: No.

                             Effect on the State: No.

 

~

 

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 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:

 

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 any person who

1-4  knows or has reasonable cause to believe that another person has made a

1-5  threat of violence against a school official, school employee or pupil

1-6  reports in good faith that threat of violence to a school official, teacher,

1-7  school police officer, local law enforcement agency or potential victim of

1-8  the violence that is threatened, the person who makes the report is

1-9  immune from civil liability for any act or omission relating to that report.

1-10  Such a person is not immune from civil liability for any other act or

1-11  omission committed by the person as a part of, in connection with or as a

1-12  principal, accessory or conspirator to the violence, regardless of the

1-13  nature of the other act or omission.

1-14    2.  The provisions of this section do not apply to a person who:

1-15    (a) Is acting in his professional or occupational capacity and is

1-16  required to make a report pursuant to NRS 200.5093 or 432B.220.

1-17    (b) Is required to make a report concerning the commission of a

1-18  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 employee” means a licensed or unlicensed person who is

2-8  employed by:

2-9       (1) A board of trustees of a school district pursuant to NRS

2-10  391.100; or

2-11      (2) The governing body of a charter school.

2-12  (c) “School official” means:

2-13      (1) A member of the board of trustees of a school district.

2-14      (2) A member of the governing body of a charter school.

2-15      (3) An administrator employed by the board of trustees of a school

2-16  district or the governing body of a charter school.

2-17    (d) “Teacher” means a person employed by the:

2-18      (1) Board of trustees of a school district to provide instruction or

2-19  other educational services to pupils enrolled in public schools of the

2-20  school district.

2-21      (2) Governing body of a charter school to provide instruction or

2-22  other educational services to pupils enrolled in the charter school.

2-23    Sec. 2.  Chapter 394 of NRS is hereby amended by adding thereto a

2-24  new section to read as follows:

2-25    1.  Except as otherwise provided in subsection 2, if any person who

2-26  knows or has reasonable cause to believe that another person has made a

2-27  threat of violence against a school official, school employee or pupil

2-28  reports in good faith that threat of violence to a school official, teacher,

2-29  school police officer, local law enforcement agency or potential victim of

2-30  the violence that is threatened, the person who makes the report is

2-31  immune from civil liability for any act or omission relating to that report.

2-32  Such a person is not immune from civil liability for any other act or

2-33  omission committed by the person as a part of, in connection with or as a

2-34  principal, accessory or conspirator to the violence, regardless of the

2-35  nature of the other act or omission.

2-36    2.  The provisions of this section do not apply to a person who:

2-37    (a) Is acting in his professional or occupational capacity and is

2-38  required to make a report pursuant to NRS 200.5093 or 432B.220.

2-39    (b) Is required to make a report concerning the commission of a

2-40  violent or sexual offense against a child pursuant to NRS 202.882.

2-41    3.  As used in this section:

2-42    (a) “Reasonable cause to believe” means, in light of all the

2-43  surrounding facts and circumstances which are known, a reasonable

2-44  person would believe, under those facts and circumstances, that an act,

2-45  transaction, event, situation or condition exists, is occurring or has

2-46  occurred.

2-47  (b) “School employee” means a licensed or unlicensed person, other

2-48  than a school official, who is employed by a private school.

2-49  (c) “School official” means:

3-1       (1) An owner of a private school.

3-2       (2) A director of a private school.

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

3-4       (4) An administrator at a private school.

3-5    (d) “Teacher” means a person employed by a private school to provide

3-6  instruction and other educational services to pupils enrolled in the

3-7  private school.

3-8    Sec. 3.  The immunity from civil liability provided by sections 1 and 2

3-9  of this act applies to reports of threats of violence that are made on or after

3-10  the effective date of this act.

3-11    Sec. 4.  This act becomes effective upon passage and approval.

 

3-12  H