Nevada 2017 Regular Session Status: Enacted Bipartisan · 3 D · 2 R cosponsors

AB 260 — Revises provisions relating to the crime of prostitution. (BDR 1-821)

Last action — Approved by the Governor. Chapter 310.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 07, 2017. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 78% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 14 sponsors

    6 primary, 8 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 D · 2 R) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

479 added · 512 removed

479 line(s) added, 512 removed.

→
Previous
Latest
(Reprinted with amendments adopted on April 24, 2017) FIRST REPRINT A.B.
Assembly Bill No.
260 A SSEMBLY B ILL N O.
260–Assemblymen Tolles, Oscarson;
260–A SSEMBLYMEN TOLLES , OSCARSON ;
Benitez- Thompson, Hambrick, Krasner, Miller, Pickard, Wheeler, Woodbury and Yeager Joint Sponsors:
B ENITEZ-THOMPSON , H AMBRICK , KRASNER , M ILLER, P ICKARD , WHEELER , WOODBURY AND Y EAGER M ARCH 7, 2017 ____________ JOINT SPONSORS :
Senators Gansert, Cannizzaro, Harris and Hardy CHAPTER..........
ENATORS G ANSERT , CANNIZZARO , ARRIS AND HARDY ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to the crime of prostitution.
(BDR 1-821) FISCAL NOTE:
Effect on Local Government:
Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law provides that a person who engages in solicitation for prostitution, misdemeanor.
or offers or agrees to engage in prostitution, for the first offense, is guilty of a, misdemeanor.
(NRS 201.354, 207.030) Section 4 of this bill provides that auilty of a prostitute who engages in prostitution or solicitation for prostitution under certain circumstances is guilty of a misdemeanor.
(NRS 201.354, 207.030) Section 4 of this bill provides that a prostitute who engages in prostitution or solicitation for prostitution under certain circumstances is guilty of a misdemeanor.
- *AB260_R1* – 2 – (2) second offense, is guilty of a gross misdemeanor and a mandatory fine of not less than $800;
(2) second offense, is guilty of a gross misdemeanor and a mandatory fine of not misdemeanor and a mandatory fine of not less than $1,300.
and (3) third and subsequent offense, is guilty of a gross misdemeanor and a mandatory fine of not less than $1,300.
(1) treatment for persons who solicit prostitution which are certified by the Division ofof Public and Behavioral Health of the Department of Health and Human Services.
(1) enforcing certain crimes relating to solicitation for prostitution;
Section 4 authorizes a court to suspend further proceedings of certain eligible defendants, without entering a judgment of conviction, and to place the defendant on probation with terms and conditions that include successful completion of the program of treatment.
and (2) programs of treatment for persons who solicit prostitution which are certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.
Section 4 additionally requires a court, under certain assigned to a program of treatment for persons who solicit prostitution after the defendant is discharged.
Section 4 authorizes a court to suspend further proceedings of certain eligible on probation with terms and conditions that include successful completion of thet program of treatment.
Existing law authorizes a justice of the peace or municipal judge to suspend the sentence of a person convicted of a misdemeanor that constitutes domestic violence upon the conditions that the person participate in certain programs for treatment and comply with any other condition ordered by the justice of the peace or authorize a justice of the peace or municipal judge to suspend the sentence of a person who is convicted of a misdemeanor that constitutes solicitation for prostitution on the condition that the person actively participates in a program for the treatment of persons who solicit prostitution and comply with any other conditions ordered by the justice of the peace or municipal judge.
Section 4 additionally requires a court, under certain circumstances, to seal documents relating to a case involving a defendant who was assigned to a program of treatment for persons who solicit prostitution after the defendant is discharged.
Existing law authorizes a justice of the peace or municipal judge to suspend the sentence of a person convicted of a misdemeanor that constitutes domestic violence and comply with any other condition ordered by the justice of the peace oreatment municipal judge.
(NRS 4.373, 5.055) Sections 2 and 3 of this bill similarly authorize a justice of the peace or municipal judge to suspend the sentence of a person who is convicted of a misdemeanor that constitutes solicitation for prostitution on the condition that the person actively participates in a program for - 79th Session (2017) – 2 – conditions ordered by the justice of the peace or municipal judge.any other EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Except as otherwise provided in [subsection 2,] subsections 2 and 3, NRS 211A.127 or another specific statute, or unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 2 years, the sentence of a person convicted of a misdemeanor.
Except as otherwise provided in [subsection 2,] unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 2 years, the sentence of a person convicted of a misdemeanor.
- *AB260_R1* – 3 – (g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant;
(g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant;
(b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470;
- 79th Session (2017) – 3 – (b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470;
or (c) The programs set forth in paragraphs (a) and (b), ¬ and that the person comply with any other condition of suspension ordered by the justice of the peace.
or (c) The programs set forth in paragraphs (a) and (b), suspension ordered by the justice of the peace.dition of 3.
3.
If the offender complies with the conditions of suspension to the satisfaction of the justice of the - *AB260_R1* – 4 – peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
If the offender complies with the peace, the sentence may be reduced to not less than the minimumthe period of confinement established for the offense.
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
- 79th Session (2017) – 4 – (a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(c) Actively participate in a program of professional counseling at the expense of the offender;
at the expense of the offender;a program of professional counseling (d) Abstain from the use of alcohol and controlled substances;
(d) Abstain from the use of alcohol and controlled substances;
or (c) The programs set forth in paragraphs (a) and (b), ¬ and that the person comply with any other condition of suspension ordered by the municipal judge.
or ¬ and that the person comply with any other condition of suspension ordered by the municipal judge.
- *AB260_R1* – 5 – 3.
3.
¬ The municipal judge may not suspend the sentence of a person pursuant to this subsection if the person has previously participated in a program for the treatment of persons who solicit prostitution which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.
- 79th Session (2017) – 5 – ¬ The municipal judge may not suspend the sentence of a person pursuant to this subsection if the person has previously participated in a program for the treatment of persons who solicit prostitution which is certified by the Division of Public and Services.l Health of the Department of Health and Human 4.
4.
(c) A category E felony after 7 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(c) A category E felony after 7 years from the date of release whichever occurs later;discharge from parole or probation, (d) Except as otherwise provided in paragraph (e), any gross misdemeanor after 5 years from the date of release from actual custody or discharge from probation, whichever occurs later;
(d) Except as otherwise provided in paragraph (e), any gross misdemeanor after 5 years from the date of release from actual custody or discharge from probation, whichever occurs later;
(e) A violation of NRS 422.540 to 422.570, inclusive, other than a felony, a violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later;
- *AB260_R1* – 6 – (e) A violation of NRS 422.540 to 422.570, inclusive, other than a felony, a violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later;
(a) Be accompanied by the petitioner’s current, verified records received from:
- 79th Session (2017) – 6 – (a) Be accompanied by the petitioner’s current, verified records received from:
Show all 76 changed rows (36 more)
Previous
Latest
and (2) All agencies of criminal justice which maintain such records within the city or county in which the conviction was entered;
and records within the city or county in which the conviction wasch entered;
The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.
The prosecuting attorney and any person having relevant petition.may testify and present evidence at the hearing on the 4.
4.
If, after the hearing, the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of any agency of criminal justice or any public or private agency, company, official or other custodian of records in the State of Nevada, and may also order all such records of the petitioner returned to the file of the court where the proceeding was commenced from, including, without limitation, the Federal Bureau of Investigation, the California Bureau of Criminal Identification and Information and all other agencies of criminal justice which - 79th Session (2017) – 7 – maintain such records and which are reasonably known by either the petitioner or the court to have possession of such records.
If, after the hearing, the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the - *AB260_R1* – 7 – custody of any agency of criminal justice or any public or private agency, company, official or other custodian of records in the State of Nevada, and may also order all such records of the petitioner returned to the file of the court where the proceeding was commenced from, including, without limitation, the Federal Bureau of Investigation, the California Bureau of Criminal Identification and Information and all other agencies of criminal justice which maintain such records and which are reasonably known by either the petitioner or the court to have possession of such records.
(a) A crime against a child;
child;
(1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.
(1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragra(2) Sexual assault pursuant to NRS 200.366.
(2) Sexual assault pursuant to NRS 200.366.
- *AB260_R1* – 8 – (6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.
(6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.
(7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.
- 79th Session (2017) – 8 – (7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.
(9) Incest pursuant to NRS 201.180.
Each agency of criminal justice and each public or private company, agency, official or other custodian of records named in the order, and that person shall seal the records in his or her custody which relate to the matters contained in the order, shall advise the court of compliance and shall then seal the order.
Each agency of criminal justice and each public or private company, agency, official or other custodian of records named in which relate to the matters contained in the order, shall advise theody court of compliance and shall then seal the order.
(a) All proceedings recounted in the record are deemed never to have occurred, and the person to whom the order pertains may properly answer accordingly to any inquiry, including, without limitation, an inquiry relating to an application for employment, concerning the arrest, conviction, dismissal or acquittal and the - *AB260_R1* – 9 – events and proceedings relating to the arrest, conviction, dismissal or acquittal.
(a) All proceedings recounted in the record are deemed never to have occurred, and the person to whom the order pertains may properly answer accordingly to any inquiry, including, without limitation, an inquiry relating to an application for employment, concerning the arrest, conviction, dismissal or acquittal and the events and proceedings relating to the arrest, conviction, dismissal or acquittal.
(b) The person is immediately restored to the following civil rights if the person’s civil rights previously have not been restored:
- 79th Session (2017) – 9 – (b) The person is immediately restored to the following civil rights if the person’s civil rights previously have not been restored:
and (3) The right to serve on a jury.
and 2.
2.
(Upon the sealing of the person’s records, a person who is restored to his or her civil rights pursuant to subsection 1 must be given:
Upon the sealing of the person’s records, a person who is restored to his or her civil rights pursuant to subsection 1 must be given:
A person who has had his or her records sealed in this State or any other state may present official documentation that the person has been restored to his or her civil rights or a court order restoring civil rights as proof that the person has been restored to the right to vote, to hold office and to serve as a juror.
A person who has had his or her records sealed in this State or any other state may present official documentation that the person has been restored to his or her civil rights or a court order restoring civil rights as proof that the person has been restored to the right to votSec.
Sec.
3.8.d oNRS 179.295 is hereby amended to read as follows:
3.8.
NRS 179.295 is hereby amended to read as follows:
Except as otherwise provided in this section, subsection 8 of NRS 179.255 and NRS 179.259 and 179.301, the court may not order the inspection of the records under any other circumstances.
Except as otherwise provided in this section, subsection of NRS 179.255 and NRS 179.259 and 179.301, the court may not order the inspection of the records under any other circumstances.
If a person has been arrested, the charges have been dismissed and the records of the arrest have been sealed, the court may order the inspection of the records by a prosecuting attorney upon a showing that as a result of newly discovered evidence, the person has been arrested for the same or a similar offense and that - *AB260_R1* – 10 – there is sufficient evidence reasonably to conclude that the person will stand trial for the offense.
If a person has been arrested, the charges have been dismissed and the records of the arrest have been sealed, the court may order the inspection of the records by a prosecuting attorney upon a showing that as a result of newly discovered evidence, the person has been arrested for the same or a similar offense and that - 79th Session (2017) – 10 – there is sufficient evidence reasonably to conclude that the person will stand trial for the offense.
The court may, upon the application of a prosecuting attorney or an attorney representing a defendant in a criminal action, order an inspection of such records for the purpose of obtaining information relating to persons who were involved in the incident recorded.
The court may, upon the application of a prosecuting attorney or an attorney representing a defendant in a criminal action, information relating to persons who were involved in the incident recorded.
(c) For a third or subsequent offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140, and by a fine of not less than $1,300.
(c) For a third or subsequent offense, is guilty of a gross and by a fine of not less than $1,300.rovided in NRS 193.140, 4.
4.
(b) Is not entirely within the person’s present ability to pay, in lieu of paying the entire civil penalty, the court may allow the person to perform community service for a reasonable number of hours, the value of which would be commensurate with the amount of the reduction of the civil penalty.
(b) Is not entirely within the person’s present ability to pay, in lieu of paying the entire civil penalty, the court may allow the person to perform community service for a reasonable number of - 79th Session (2017) – 11 – hours, the value of which would be commensurate with the amount of the reduction of the civil penalty.
- *AB260_R1* – 11 – 5.
5.
(a) For a first offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130, and by a fine of not more than $5,000.
be punished as provided in NRS 193.130, and by a fine of not moreshall than $5,000.
If the court discharges the person and dismisses the proceedings against the person, a nonpublic record of the discharge and dismissal must be transmitted to and retained by the Division of Parole and Probation of the Department of Public Safety solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section for participation in a program of treatment for persons who solicit prostitution.
If the the person, a nonpublic record of the discharge and dismissalinst must be transmitted to and retained by the Division of Parole and Probation of the Department of Public Safety solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section for participation in a program of treatment for persons who solicit prostitution.
Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the proceedings.
Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied - 79th Session (2017) – 12 – before the proceedings.
The person may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge the proceedings in response to an inquiry made of the person for any - *AB260_R1* – 12 – purpose.
The person may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge the proceedings in response to an inquiry made of the person for any purpose.
Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to the applicant or licensee.
Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any suc8.proExcept as limited by subsection 9, if a person is discharged and the proceedings against the person are dismissed pursuant to subsection 7, the court shall, without a hearing, order sealed all documents, papers and exhibits in that person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order.
8.
Except as limited by subsection 9, if a person is discharged and the proceedings against the person are dismissed pursuant to subsection 7, the court shall, without a hearing, order sealed all book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order.
(Deleted by amendment.) H - *AB260_R1*
(Deleted by amendment.) ~~~~~ 17 - 79th Session (2017)
⬇ Download PDF
View plain text versions (3)

Action History

  1. Approved by the Governor. Chapter 310.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  5. Read second time.

  6. Placed on Second Reading File.

  7. From committee: Do pass.

  8. Read first time. Referred to Committee on Judiciary. To committee.

  9. In Senate.

  10. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 42, Nays: None.) To Senate.

  11. From printer. To engrossment. Engrossed. First reprint .

  12. Read second time. Amended. (Amend. No. 398.) To printer.

  13. Placed on Second Reading File.

  14. From committee: Amend, and do pass as amended.

  15. Notice of eligibility for exemption.

  16. From printer. To committee.

  17. Read first time. Referred to Committee on Judiciary. To printer.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

6 sponsors · 8 co-sponsors · 53 not signed on

Sponsors (6)

Co-sponsors (8)

Not signed on (53)

53 members have not signed on to this bill.

Show all 53 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors AB 260?
AB 260 is sponsored by Harris, Cannizzaro, Nicole J. (Democratic), Miller, Brittney M. (Democratic), Krasner, Lisa (Republican), Yeager, Steve (Democratic), Gansert, Hardy, Melissa R.. (Republican), James Oscarson, Melissa Woodbury, Keith Pickard, Jim Wheeler, Jill Tolles, Teresa Benitez-Thompson, and John Hambrick.
What is the current status of AB 260?
This bill has been enacted into law. Introduced March 07, 2017. Enacted.
Where can I track AB 260?
Track AB 260 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 260

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 260

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →