Senate Bill No. 339–Senator Cegavske

 

March 17, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes relating to use of tobacco products. (BDR 15‑1126)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           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 tobacco; prohibiting a minor from falsely representing his age to purchase tobacco products; authorizing a merchant to detain such a minor to inform a peace officer; providing the juvenile division of the district court with jurisdiction over a child who falsely represents his age to purchase tobacco products; providing a penalty; 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 62 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 and 3 of this act.

1-3  Sec.  2.  A child under the age of 18 years shall not falsely

1-4  represent that he is 18 years of age or older to purchase or obtain

1-5  cigarettes, cigarette paper, tobacco of any description or products

1-6  made from tobacco.

1-7  Sec.  3.  1.  A merchant who has reason to believe that a

1-8  child has falsely represented his age in violation of section 2 of

1-9  this act on the premises of the merchant may take the child into

1-10  custody and detain him, on the premises, in a reasonable manner

1-11  and for a reasonable length of time, to inform a peace officer of

1-12  the circumstances of such detention. Except as otherwise provided

1-13  in subsection 2, such a taking into custody and detention by a

1-14  merchant does not render the merchant criminally or civilly liable

2-1  for false arrest, false imprisonment, slander or unlawful detention

2-2  unless the taking into custody and detention are unreasonable

2-3  under all the circumstances.

2-4  2.  A merchant is entitled to the immunity from liability

2-5  provided for in this section only if there is displayed in a

2-6  conspicuous place on his premises a notice in boldface type which

2-7  is clearly legible and in substantially the following form:

 

2-8  A merchant or his agent who has reason to believe that a

2-9  child under the age of 18 years has falsely represented that

2-10  he is 18 years of age or older to purchase or obtain

2-11  cigarettes, cigarette paper, tobacco of any description or

2-12  products made from tobacco may detain the child on the

2-13  premises of the merchant to notify a peace officer. Section 3

2-14  of this act.

 

2-15      3.  The notice set forth in subsection 2 must be prepared and

2-16  copies thereof supplied upon request by the Superintendent of the

2-17  State Printing Division of the Department of Administration.

2-18      Sec.  4.  NRS 62.040 is hereby amended to read as follows:

2-19      62.040  1.  Except if the child involved is subject to the

2-20  exclusive jurisdiction of an Indian tribe, and except as otherwise

2-21  provided in this chapter, the court has exclusive original jurisdiction

2-22  in proceedings:

2-23      (a) Concerning any child living or found within the county who

2-24  is in need of supervision because he:

2-25          (1) Is a child who is subject to compulsory school attendance

2-26  and is a habitual truant from school;

2-27          (2) Engages in an act described in section 2 of this act;

2-28          (3) Habitually disobeys the reasonable and lawful demands

2-29  of his parents, guardian or other custodian, and is unmanageable; or

2-30          [(3)] (4) Deserts, abandons or runs away from his home or

2-31  usual place of abode,

2-32  and is in need of care or rehabilitation. [The] A child who is in need

2-33  of supervision pursuant to this paragraph must not be considered a

2-34  delinquent.

2-35      (b) Concerning any child living or found within the county who

2-36  has committed a delinquent act. A child commits a delinquent act if

2-37  he violates a county or municipal ordinance or any rule or regulation

2-38  having the force of law, or he commits an act designated a crime

2-39  under the law of the State of Nevada.

2-40      (c) Concerning any child in need of commitment to an

2-41  institution for the mentally retarded.

2-42      2.  For the purposes of subsection 1, each of the following acts

2-43  shall be deemed not to be a delinquent act, and the court does not

3-1  have jurisdiction of a person who is charged with committing such

3-2  an act:

3-3  (a) Murder or attempted murder and any other related offense

3-4  arising out of the same facts as the murder or attempted murder,

3-5  regardless of the nature of the related offense.

3-6  (b) Sexual assault or attempted sexual assault involving the use

3-7  or threatened use of force or violence against the victim and any

3-8  other related offense arising out of the same facts as the sexual

3-9  assault or attempted sexual assault, regardless of the nature of the

3-10  related offense, if:

3-11          (1) The person was 16 years of age or older when the sexual

3-12  assault or attempted sexual assault was committed; and

3-13          (2) Before the sexual assault or attempted sexual assault was

3-14  committed, the person previously had been adjudicated delinquent

3-15  for an act that would have been a felony if committed by an adult.

3-16      (c) An offense or attempted offense involving the use or

3-17  threatened use of a firearm and any other related offense arising out

3-18  of the same facts as the offense or attempted offense involving the

3-19  use or threatened use of a firearm, regardless of the nature of the

3-20  related offense, if:

3-21          (1) The person was 16 years of age or older when the offense

3-22  or attempted offense involving the use or threatened use of a firearm

3-23  was committed; and

3-24          (2) Before the offense or attempted offense involving the use

3-25  or threatened use of a firearm was committed, the person previously

3-26  had been adjudicated delinquent for an act that would have been a

3-27  felony if committed by an adult.

3-28      (d) A felony resulting in death or substantial bodily harm to the

3-29  victim and any other related offense arising out of the same facts as

3-30  the felony, regardless of the nature of the related offense, if:

3-31          (1) The felony was committed on the property of a public or

3-32  private school when pupils or employees of the school were present

3-33  or may have been present, at an activity sponsored by a public or

3-34  private school or on a school bus while the bus was engaged in its

3-35  official duties; and

3-36          (2) The person intended to create a great risk of death or

3-37  substantial bodily harm to more than one person by means of a

3-38  weapon, device or course of action that would normally be

3-39  hazardous to the lives of more than one person.

3-40      (e) Any other offense if, before the offense was committed, the

3-41  person previously had been convicted of a criminal offense.

3-42      3.  If a child is charged with a minor traffic offense, the court

3-43  may transfer the case and record to a justice’s or municipal court if

3-44  the judge determines that it is in the best interest of the child. If a

3-45  case is so transferred:

4-1  (a) The restrictions set forth in subsection 7 of NRS 62.170 are

4-2  applicable in those proceedings; and

4-3  (b) The child must be accompanied at all proceedings by a

4-4  parent or legal guardian.

4-5  With the consent of the judge of the juvenile division, the case may

4-6  be transferred back to the juvenile court.

4-7  4.  As used in this section, “school bus” has the meaning

4-8  ascribed to it in NRS 483.160.

4-9  Sec.  5.  NRS 62.212 is hereby amended to read as follows:

4-10      62.212  1.  Except as otherwise provided in subsection [3,] 4,

4-11  if the court finds that a child is within the purview of paragraph (a)

4-12  of subsection 1 of NRS 62.040 and has not previously been the

4-13  subject of a complaint under NRS 62.128 before committing the acts

4-14  for which the petition was filed, the court shall:

4-15      (a) Admonish the child to obey the law and to refrain from

4-16  repeating the acts for which the petition was filed, and maintain a

4-17  record of the admonition; and

4-18      (b) Refer the child, without adjudication, to services available in

4-19  the community for counseling, behavioral modification and social

4-20  adjustment.

4-21      2.  Except as otherwise provided in subsection [3,] 4, a child

4-22  described in subsection 1 must not be adjudicated to be a child in

4-23  need of supervision unless a subsequent petition based upon

4-24  additional facts is filed with the court after admonition and referral

4-25  pursuant to [this subsection.

4-26      2.] that subsection.

4-27      3. A child who is:

4-28      (a) Less than 12 years of age must not be committed to or

4-29  otherwise placed in the Nevada Youth Training Center or the

4-30  Caliente Youth Center.

4-31      (b) Not adjudicated to be delinquent must not be committed to

4-32  or otherwise placed in the Nevada Youth Training Center, the

4-33  Caliente Youth Center or any other facility that provides

4-34  correctional care.

4-35      [3.] 4. The provisions of subsection 1 do not apply to a child

4-36  alleged to be in need of supervision because he is a habitual truant.

4-37      5.  In addition to the actions set forth in subsection 1, a court

4-38  may order a child who engages in an act described in section 2 of

4-39  this act to perform community service. Community service so

4-40  ordered must be performed:

4-41      (a) For and under the supervising authority of a county, city,

4-42  town or other political subdivision or agency of this state or a

4-43  charitable organization that renders service to the community or

4-44  its residents; and

 

5-1  (b) At the child’s school of attendance, if practicable.

 

5-2  H