Senate Bill No. 300–Committee on Judiciary

 

(On Behalf of the Attorney General)

 

March 17, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning technological crimes. (BDR 15‑438)

 

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; limiting the fee that may be charged by a provider of Internet service for providing information pursuant to certain subpoenas; revising the provision relating to using technology to lure children; increasing the number of members of the Advisory Board for the Nevada Task Force for Technological Crime; providing that the crime of using technology to lure a child constitutes immoral conduct for the purposes of certain provisions related to educational personnel; providing that certain licensed educational employees forfeit their rights of employment if convicted of such a crime; 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 193.340 is hereby amended to read as follows:

1-2  193.340  1.  A provider of Internet service who violates the

1-3  provisions of 18 U.S.C. § 2703[, as that section existed on June 13,

1-4  2001,] is guilty of a misdemeanor and shall be punished by a fine of

1-5  not less than $50 or more than $500 for each violation.

1-6  2.  In investigating criminal activity that involves or may

1-7  involve the use of a computer, the Attorney General, a district

1-8  attorney, the sheriff of any county in this state, the head of any

2-1  organized police department of any municipality in this state, the

2-2  head of any department of this state engaged in the enforcement of

2-3  any criminal law of this state and any sheriff or chief of police of a

2-4  municipality may, if there is reasonable cause to believe that an

2-5  individual subscriber or customer of a provider of Internet service

2-6  has committed an offense through the use of the services of the

2-7  provider of Internet service , [that is punishable as a felony,] issue a

2-8  subpoena to carry out the procedure set forth in 18 U.S.C. § 2703 [,

2-9  as that section existed on June 13, 2001,] to compel the provider of

2-10  Internet service to provide information concerning the individual

2-11  subscriber or customer that the provider of Internet service is

2-12  required to disclose pursuant to 18 U.S.C. § 2703 . [, as that section

2-13  existed on June 13, 2001.]

2-14      3.  If a person who has been issued a subpoena pursuant to

2-15  subsection 2 charges a fee for providing the information, the fee

2-16  must not exceed the actual cost for providing the information.

2-17      4.  If a person who has been issued a subpoena pursuant to

2-18  subsection 2 refuses to produce any information that the subpoena

2-19  requires, the person who issued the subpoena may apply to the

2-20  district court for the judicial district in which the investigation is

2-21  being carried out for the enforcement of the subpoena in the manner

2-22  provided by law for the enforcement of a subpoena in a civil action.

2-23      [4.] 5. As used in this section, “provider of Internet service”

2-24  has the meaning ascribed to it in NRS 205.4758, but does not

2-25  include a public library when it is engaged in providing access to the

2-26  Internet.

2-27      Sec. 2.  NRS 201.265 is hereby amended to read as follows:

2-28      201.265  Except as otherwise provided in NRS 200.720 and

2-29  201.2655, and unless a greater penalty is provided pursuant to

2-30  NRS 201.560, a person is guilty of a misdemeanor if the person

2-31  knowingly:

2-32      1.  Distributes or causes to be distributed to a minor material

2-33  that is harmful to minors, unless the person is the parent, guardian or

2-34  spouse of the minor.

2-35      2.  Exhibits for distribution to an adult in such a manner or

2-36  location as to allow a minor to view or to have access to examine

2-37  material that is harmful to minors, unless the person is the parent,

2-38  guardian or spouse of the minor.

2-39      3.  Sells to a minor an admission ticket or pass for or otherwise

2-40  admits a minor for monetary consideration to any presentation of

2-41  material that is harmful to minors, unless the minor is accompanied

2-42  by his parent, guardian or spouse.

2-43      4.  Misrepresents that he is the parent, guardian or spouse of a

2-44  minor for the purpose of:

3-1  (a) Distributing to the minor material that is harmful to minors;

3-2  or

3-3  (b) Obtaining admission of the minor to any presentation of

3-4  material that is harmful to minors.

3-5  5.  Misrepresentshis age as 18 or over for the purpose of

3-6  obtaining:

3-7  (a) Material that is harmful to minors; or

3-8  (b) Admission to any presentation of material that is harmful to

3-9  minors.

3-10      6.  Sells or rents motion pictures which contain material that is

3-11  harmful to minors on the premises of a business establishment open

3-12  to minors, unless the person creates an area within the establishment

3-13  for the placement of the motion pictures and any material that

3-14  advertises the sale or rental of the motion pictures which:

3-15      (a) Prevents minors from observing the motion pictures or any

3-16  material that advertises the sale or rental of the motion pictures; and

3-17      (b) Is labeled, in a prominent and conspicuous location, “Adults

3-18  Only.”

3-19      Sec. 3.  NRS 201.560 is hereby amended to read as follows:

3-20      201.560  1.  Except as otherwise provided in subsection 2, a

3-21  person shall not use a computer, system or network to knowingly

3-22  contact or communicate with or attempt to contact or communicate

3-23  with a child who is less than 16 years of age and who is at least 5

3-24  years younger than the person with the intent to persuade, lure or

3-25  transport the child away from his home or from any location known

3-26  to his parent or guardian or other person legally responsible for the

3-27  child to a place other than where the child is located, for any

3-28  purpose:

3-29      (a) Without the express consent of the parent or guardian or

3-30  other person legally responsible for the child; and

3-31      (b) With the intent to avoid the consent of the parent or guardian

3-32  or other person legally responsible for the child.

3-33      2.  The provisions of this section do not apply if the contact or

3-34  communication is made or attempted with the intent to prevent

3-35  imminent bodily, emotional or psychological harm to the child.

3-36      3.  A person who violates or attempts to violate the provisions

3-37  of this section:

3-38      (a) With the intent to engage in sexual conduct with the child or

3-39  to cause the child to engage in sexual conduct, is guilty of a

3-40  category B felony and shall be punished by imprisonment in the

3-41  state prison for a minimum term of not less than 1 year and a

3-42  maximum term of not more than 10 years and may be further

3-43  punished by a fine of not more than $10,000;

3-44      (b) By providing the child with [obscene] material that is

3-45  harmful to minors or requesting the child to provide the person

4-1  with [obscene material,] material that is harmful to minors, is

4-2  guilty of a category C felony and shall be punished as provided in

4-3  NRS 193.130; or

4-4  (c) If paragraph (a) or (b) does not apply, is guilty of a gross

4-5  misdemeanor.

4-6  4.  As used in this section:

4-7  (a) “Computer” has the meaning ascribed to it in NRS 205.4735.

4-8  (b) “Harmful to minors” has the meaning ascribed to it in

4-9  NRS 201.257.

4-10      (c) “Material” means anything that is capable of being used or

4-11  adapted to arouse interest, whether through the medium of reading,

4-12  observation, sound or in any other manner.

4-13      [(c)] (d) “Network” has the meaning ascribed to it in

4-14  NRS 205.4745.

4-15      [(d) “Obscene” has the meaning ascribed to it in NRS 201.235.]

4-16      (e) “Sexual conduct” has the meaning ascribed to it in

4-17  NRS 201.520.

4-18      (f) “System” has the meaning ascribed to it in NRS 205.476.

4-19      Sec. 4.  NRS 205A.040 is hereby amended to read as follows:

4-20      205A.040  1.  The Advisory Board for the Nevada Task Force

4-21  for Technological Crime is hereby created.

4-22      2.  The Board consists of [nine] 13 members as follows:

4-23      (a) The Attorney General.

4-24      (b) The Director of the Department of Information Technology.

4-25      (c) One member of the Senate appointed by the Majority Leader

4-26  of the Senate.

4-27      (d) One member of the Assembly appointed by the Speaker of

4-28  the Assembly.

4-29      (e) [Five] Nine other persons appointed by the Governor as

4-30  follows:

4-31          (1) Two persons who represent major sectors of the economy

4-32  of this state that are impacted significantly by technological crimes.

4-33          (2) [One person who is an employee] Three persons who are

4-34  employees of a state or local law enforcement agency . [of this

4-35  state.]

4-36          (3) One person who is an employee of a public educational

4-37  institution within this state.

4-38          (4) One person who is a resident of this state and who is

4-39  employed by the Federal Government.

4-40          (5) Two persons who are representatives of the general

4-41  public.

4-42      3.  Each member of the Board who is appointed pursuant to

4-43  paragraphs (c) and (d) of subsection 2 serves for a term of 2 years.

4-44  Each member of the Board who is appointed [to the Board]

4-45  pursuant to paragraph (e) serves for a term of 4 years. A vacancy

5-1  on the Board in an appointed position must be filled in the same

5-2  manner as the original appointment. A member may be reappointed

5-3  to the Board.

5-4  4.  The members of the Board shall elect a Chairman and Vice

5-5  Chairman by majority vote. After the initial election, the Chairman

5-6  and Vice Chairman shall hold office for a term of 1 year beginning

5-7  on July 1 of each year. If a vacancy occurs in the chairmanship or

5-8  vice chairmanship, the members of the Board shall elect a Chairman

5-9  or Vice Chairman, as appropriate, from among its members for the

5-10  remainder of the unexpired term.

5-11      5.  The members of the Board:

5-12      (a) Serve without compensation; and

5-13      (b) May, upon written request, receive the per diem allowance

5-14  and travel expenses provided for state officers and employees

5-15  generally while engaged in the business of the Board.

5-16      6.  A member of the Board who is an officer or employee of

5-17  this state or a political subdivision of this state must be relieved

5-18  from his duties without loss of his regular compensation so that he

5-19  may prepare for and attend meetings of the Board and perform any

5-20  work necessary to carry out the duties of the Board in the most

5-21  timely manner practicable. A state agency or political subdivision of

5-22  this state shall not require an officer or employee who is a member

5-23  of the Board to make up the time he is absent from work to carry out

5-24  his duties as a member of the Board or use annual vacation or

5-25  compensatory time for the absence.

5-26      Sec. 5.  NRS 391.311 is hereby amended to read as follows:

5-27      391.311  As used in NRS 391.311 to 391.3197, inclusive,

5-28  unless the context otherwise requires:

5-29      1.  “Administrator” means any employee who holds a license as

5-30  an administrator and who is employed in that capacity by a school

5-31  district.

5-32      2.  “Board” means the board of trustees of the school district in

5-33  which a licensed employee affected by NRS 391.311 to 391.3197,

5-34  inclusive, is employed.

5-35      3.  “Demotion” means demotion of an administrator to a

5-36  position of lesser rank, responsibility or pay and does not include

5-37  transfer or reassignment for purposes of an administrative

5-38  reorganization.

5-39      4.  “Immorality” means an act forbidden by NRS 200.366,

5-40  200.368, 200.400, 200.508, 201.180, 201.190, 201.210, 201.220,

5-41  201.230, 201.265 , 201.560 or 207.260.

5-42      5.  “Postprobationary employee” means an administrator or a

5-43  teacher who has completed the probationary period as provided in

5-44  NRS 391.3197 and has been given notice of reemployment.

6-1  6.  “Probationary employee” means an administrator or a

6-2  teacher who is employed for the period set forth in NRS 391.3197.

6-3  7.  “Superintendent” means the superintendent of a school

6-4  district or a person designated by the board or superintendent to act

6-5  as superintendent during the absence of the superintendent.

6-6  8.  “Teacher” means a licensed employee the majority of whose

6-7  working time is devoted to the rendering of direct educational

6-8  service to pupils of a school district.

6-9  Sec. 6.  NRS 391.314 is hereby amended to read as follows:

6-10      391.314  1.  If a superintendent has reason to believe that

6-11  cause exists for the dismissal of a licensed employee and he is of the

6-12  opinion that the immediate suspension of the employee is necessary

6-13  in the best interests of the pupils in the district, the superintendent

6-14  may suspend the employee without notice and without a hearing.

6-15  Notwithstanding the provisions of NRS 391.312, a superintendent

6-16  may suspend a licensed employee who has been officially charged

6-17  but not yet convicted of a felony or a crime involving moral

6-18  turpitude or immorality. If the charge is dismissed or if the

6-19  employee is found not guilty, he must be reinstated with back pay,

6-20  plus interest, and normal seniority. The superintendent shall notify

6-21  the employee in writing of the suspension.

6-22      2.  Within 5 days after a suspension becomes effective, the

6-23  superintendent shall begin proceedings pursuant to the provisions of

6-24  NRS 391.312 to 391.3196, inclusive, to effect the employee’s

6-25  dismissal. The employee is entitled to continue to receive his salary

6-26  and other benefits after the suspension becomes effective until the

6-27  date on which the dismissal proceedings are commenced. The

6-28  superintendent may recommend that an employee who has been

6-29  charged with a felony or a crime involving immorality be dismissed

6-30  for another ground set forth in NRS 391.312.

6-31      3.  If sufficient grounds for dismissal do not exist, the employee

6-32  must be reinstated with full compensation, plus interest.

6-33      4.  A licensed employee who furnishes to the school district a

6-34  bond or other security which is acceptable to the board as a

6-35  guarantee that he will repay any amounts paid to him pursuant to

6-36  this subsection as salary during a period of suspension is entitled to

6-37  continue to receive his salary from the date on which the dismissal

6-38  proceedings are commenced until the decision of the board or the

6-39  report of the hearing officer, if the report is final and binding. The

6-40  board shall not unreasonably refuse to accept security other than a

6-41  bond. An employee who receives salary pursuant to this subsection

6-42  shall repay it if he is dismissed or not reemployed as a result of a

6-43  decision of the board or a report of a hearing officer.

 

7-1  5.  A licensed employee who is convicted of a crime which

7-2  requires registration pursuant to NRS 179D.200 to 179D.290,

7-3  inclusive, or 179D.350 to 179D.550, inclusive, or is convicted of an

7-4  act forbidden by NRS 200.508, 201.190 , [or] 201.265 or 201.560

7-5  forfeits all rights of employment from the date of his arrest.

7-6  6.  A licensed employee who is convicted of any crime and who

7-7  is sentenced to and serves any sentence of imprisonment forfeits all

7-8  rights of employment from the date of his arrest or the date on

7-9  which his employment terminated, whichever is later.

7-10      7.  A licensed employee who is charged with a felony or a

7-11  crime involving immorality or moral turpitude and who waives his

7-12  right to a speedy trial while suspended may receive no more than 12

7-13  months of back pay and seniority upon reinstatement if he is found

7-14  not guilty or the charges are dismissed, unless proceedings have

7-15  been begun to dismiss the employee upon one of the other grounds

7-16  set forth in NRS 391.312.

7-17      8.  A superintendent may discipline a licensed employee by

7-18  suspending the employee with loss of pay at any time after a hearing

7-19  has been held which affords the due process provided for in this

7-20  chapter. The grounds for suspension are the same as the grounds

7-21  contained in NRS 391.312. An employee may be suspended more

7-22  than once during the employee’s contract year, but the total number

7-23  of days of suspension may not exceed 20 in 1 contract year. Unless

7-24  circumstances require otherwise, the suspensions must be

7-25  progressively longer.

7-26      Sec. 7.  The terms of the currently appointed members of the

7-27  Advisory Board for the Nevada Task Force for Technological Crime

7-28  expire by limitation on July 1, 2003.

7-29      Sec. 8.  1.  As soon as practicable on or after July 1, 2003:

7-30      (a) The Majority Leader of the Senate shall appoint a member of

7-31  the Senate to serve as a member of the Advisory Board for the

7-32  Nevada Task Force for Technological Crime.

7-33      (b) The Speaker of the Assembly shall appoint a member of the

7-34  Assembly to serve as a member of the Advisory Board for the

7-35  Nevada Task Force for Technological Crime.

7-36      (c) Nothwitstanding the provisions of subsection 3 of NRS

7-37  205A.040, the Governor shall appoint nine members from the

7-38  groups identified in paragraph (e) of subsection 2 of NRS 205A.040

7-39  to serve as members of the Advisory Board for the Nevada Task

7-40  Force for Technological Crime as follows:

7-41          (1) Four members to serve for a term of 3 years.

7-42          (2) Five members to serve for a term of 4 years.

7-43      2.  After the expiration of the terms of the members appointed

7-44  pursuant to paragraph (c) of subsection 1, the Governor shall

8-1  appoint all members to the Advisory Board for the Nevada Task

8-2  Force for Technological Crime to serve for terms of 4 years.

8-3  Sec. 9.  This act becomes effective on July 1, 2003.

 

8-4  H