Revises provisions relating to prostitution. (BDR 15-861)
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AB 166 — Revises provisions relating to prostitution. (BDR 15-861)
Last action — Approved by the Governor. Chapter 423.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 15, 2019. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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4 sponsors
4 primary, 0 co-sponsors signed on.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
AN ACT relating to crimes; establishing the crime of advancing prostitution; revising the penalties for the crime of living from the earnings of a prostitute; providing penalties; and providing other matters properly relating thereto.
Bill Text
What changed in the latest version
589 added · 600 removed589 line(s) added, 600 removed.
(ReprintedAssembly withBill amendmentsNo. adopted on May 23, 2019) SECOND REPRINT A.B.
166166–Assemblymen ASSEMBLYTolles; BILL NO .
166–ASSEMBLYMENand TRoberts OLLESJoint ;ANDSponsors: R OBERTS FEBRUARY 15, 2019 ____________ OINT S PONSORS :
SENATORSSenators PICKARDPickard ANDand SSpearman PEARMANCHAPTER.......... ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to prostitution.
(BDR 15-861) 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.
LegExistingLegislative lawCounsel’s providesDigest: that any person who, without consideration, knowingly accepts, receives, levies or appropriates any money or other valuable thing from the proceeds of a prostitute is guilty of a category D felony.
Existing law provides that any person who, without consideration, knowingly accepts, receives, levies or appropriates any money or other valuable thing from the proceeds of a prostitute is guilty of a category D felony.
(1) for a category C felony if physical force or the immediate threat of physical force is used in the commission of the crime;
or (2) for a category D felony if no physical force or immSection 1 of this bill establishes the crimeimmediate threat of advancingphysical prostitutionforce andis providesused thatin athe personcommission who owns, leases, operates, controls or manages any business or private property is guilty of such a crime if the person:crime.
Section 1 of this bill establishes the crime of advancing prostitution and provides that a person who owns, leases, operates, controls or manages any business or private property is guilty of such a crime if the person:
(2) knows or should know that one or more prostitutes engagingfails into take reasonable steps to abate such illegal prostitution arewithin victims30 ofdays involuntaryafter servitude;the person knows or should know about such illegal prostitution.
andUnless (3)a thegreater penalty is provided by specific statute, section 1 provides that a person knowswho oris shouldguilty knowof aboutadvancing suchprostitution illegalshall prostitution.be punished for a category C felony.
UnlessSections a4-18 greaterafterof penaltythis isbill providedinclude bya specificreference statute,to sectionthe 1crime providesof thatadvancing aprostitution personin whoeach issection guilty of advancingNRS prostitutionthat shallreferences bethe punishedcrime forof aliving categoryfrom Cthe felony.earnings of a prostitute.
-EXPLANATION *AB166_R2* – 2Matter – Sections 4-18 of this bill include a reference to the crime of advancing prostitution in eachbolded sectionitalics ofis NRSnew; that references the crime of living from the earnings of a prostitute.
matter between brackets [omitted material] is material to be omitted.
and - 80th Session (2019) – 2 – (c) Fails to take reasonable steps to abate such illegal prostitution within 30 days after the date on which the person knows the circumstances set forth in paragraphs (a) and (b), is guilty of advancing prostitution.
For the purposes of this section, a person who owns, leases, operates, controls or manages any business or private pro(a) To know that illegal prostitution is being conducted at the business or upon the private property shallof bethe deemed:person if a law enforcement agency has notified the person who owns, leases, operates, controls or manages the business or private property, in writing, of at least three incidents of illegal prostitution that occurred at the business or upon the private property of the person within a period of 180 consecutive days.
(a) To know that illegal prostitution is being conducted at the business or upon the private property of the person if a law enforcement agency has notified the person who owns, leases, operates, controls or manages the business or private property, in writing, of at least three incidents of illegal prostitution that occurred at the business or upon the private property of the person within a period of 180 consecutive days.
- *AB166_R2* – 3 – (2) Allowed a law enforcement agency to conduct surveillance or an unrestricted undercover operation;
“Prostitute” means a male or female person who for a fee, monetary consideration or other thing of value engages in sexual - 80th Session (2019) – 3 – intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either person.
or201.320 appropriates1. any money or other valuable thing, without levies consideration, from the proceeds of any prostitute, is guilty of [a category D felony] living from the earnings of a prostitute and shall be punished :
A person who knowingly accepts, receives, levies or appropriates any money or other valuable thing, without consideration, from the proceeds of any prostitute, is guilty of [a category D felony] living from the earnings of a prostitute and shall be punished :
2.without limitation:
Restitution ordered pursuant to this section may include, (a) The cost of medical and psychological treatment, including, without limitation:limitation, physical and occupational therapy and rehabilitation;
- *AB166_R2* – 4 – (a) The cost of medical and psychological treatment, including, without limitation, physical and occupational therapy and rehabilitation;
and - 80th Session (2019) – 4 – (f) Any and all other losses suffered by the victim as a result of the violation of any provision of NRS 201.300 or 201.320 [.] or section 1 of this act.
or (b)Sec. Who is the surviving child of such a person.
Sec.
NRSisNRS 201.345 is hereby amended to read as follows:
with201.345 the1. district attorneys of the counties in this State to prosecute any violation of NRS 201.300 or 201.320 [.] or section 1 of this act.
mayThe commenceAttorney anGeneral investigationhas andconcurrent filejurisdiction awith criminalthe actiondistrict withoutalattorneys leave of courtthe andcounties thein Attorneythis GeneralState hasto exclusiveprosecute chargeany violation of theNRS conduct201.300 or 201.320 [.] or section 1 of thethis prosecution.act.
2.
When acting pursuant to this section, the Attorney General may commence an investigation and file a criminal action without leave of court and the Attorney General has exclusive charge of the conduct of the prosecution.
All assets derived from or relating to any violation of NRS 201.300 or 201.320 or section 1 of this act are subject to forfeiture pursuant to NRS 179.121 and a proceeding for their forfeiture may be brought pursuant to NRS 179.1156 totoing for 179.121, inclusive.
Show all 135 changed lines (95 more)
- *AB166_R2* – 5 – 2.
- 80th Session (2019) – 5 – 3.
Any proceeds derived from a forfeiture of property pursuant to this section and remaining after the distribution required by subsection 1 of NRS 179.118 must be deposited with the county treasurer and distributed to programs for the prevention of child prostitution or for services to victims which are designated to receiverecSec. such distributions by the district attorney of the county.
Sec.8.ch NRS 201.352 is hereby amended to read as follows:nty.
8.
NRS 201.352 is hereby amended to read as follows:
If a person is convicted of a violation of subsection 2 of NRS 201.300 or NRS 201.320 [,] or section 1 of this act, the victim of the violation is a child when the offense is committed and physical force or violence or the immediate threat ofsof physical force or violence is used upon the child, the court may, in addition to the term of imprisonment prescribed by statute for the offense and any fine imposed pursuant to subsection 2, impose athea fine of not more than $500,000.
3.separate offense but provide an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.
TheSec. provisions of subsections 1 and 2 do not create a separate offense but provide an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.
- *AB166_R2* – 6 – Sec.
- 80th Session (2019) – 6 – 6.
False imprisonment pursuant to NRS 200.460 if the false imprisonment involves the use or threatened use of force or violence against the victim or the use or threatened use of a firearm or aance deadly weapon.
weapon11. or which results in substantial bodily harm as described in NRS 200.481 or battery which is committed by strangulation as des12.
Battery which is committed with the use of a deadly weapon or which results in substantial bodily harm as described in NRS 200.481 or battery which is committed by strangulation as described in NRS 200.481 or 200.485.
12.
18.listed in this section.piracy or solicitation to commit an offense Sec.
An attempt, conspiracy or solicitation to commit an offense listed in this section.
Sec.
- *AB166_R2* – 7 – 1.
- 80th Session (2019) – 7 – 8.
14.another person in violation of NRS 205.463;ying information of 15.
Obtaining and using personal identifying information of another person in violation of NRS 205.463;
15.
17.
Burglary;
Bribery or asking for or receiving a bribe in violation of cha20.chapter 197 or 199 of NRS which is punished as a felony;
20.
Any violation of subsection 2 or 3 of NRS 463.360 or chaptercha26. 465 of NRS;
26.
- *AB166_R2* – 8 – 30.
- 80th Session (2019) – 8 – 34.
Any person who is a victim of human trafficking may bring a civil action against any person who caused, was responsible for or profited from the human trafficking.
was 2.
section4. may recover actual damages, compensatory damages,er this punitive damages or any other appropriate relief.
IfA a plaintiff thewho actsprevails ofin thean defendantaction werebrought willfulunder andthis malicious,section themay courtrecover mayactual awarddamages, treblecompensatory damages, punitive damages toor theany plaintiff.other appropriate relief.
If a plaintiff recovers actual damages in an action brought under this section and the acts of the defendant were willful and malicious, the court may award treble damages to the plaintiff.
(a) The plaintiff discovers or reasonably should have discovered that he or she is a victim of human trafficking and that the defendant caused,cau(b) wasThe responsibleplaintiff forreaches or18 profitedyears fromof theage; human trafficking;
(b)or Thehuman plaintifftrafficking; reaches 18 years of age;
or (c) If the injury to the plaintiff results from two or more acts relating to the human trafficking, the final act in the series of acts has occurred, whichever is later.
For the purposes of this subsection, a plaintiff is under a disability if the plaintiff is insane, a person with an intellectual - *AB166_R2* – 9 – disability, mentally incompetent or in a medically comatose or vegetative state.
A defendant in an action brought under this section is estopped from asserting that the action was not brought within the - 80th Session (2019) – 9 – statute of limitations if the defendant, or any person acting on behalf of the defendant, has induced the plaintiff to delay bringing an action under this section by subjecting the plaintiff to duress, threats, intimidation, manipulation or fraud or any other conduct inducing the plaintiff to delay bringing an action under this section.
(a) Two or more persons may join as plaintiffs in one action if the claims of those plaintiffs involve at least one defendant in com(b) Two or more persons may be joined in one action as defendants if those persons may be liable to at least one plaintiff in common.
(b) Two or more persons may be joined in one action as defendants if those persons may be liable to at least one plaintiff in common.
§ 1589, 159(b) It is not necessary that the defendant be investigated, arrested, prosecuted or convicted1591 forhas abeen violationcommitted. of any provision of section 1 of this act, or 18 U.S.C.
(b) It is not necessary that the defendant be investigated, arrested, prosecuted or convicted for a violation of any provision of NRS 200.463 to 200.468, inclusive, 201.300 or 201.320 [,] or section 1 of this act, or 18 U.S.C.
Sec.179.121 1.RS 17All21 personaly amproperty,reincluding,owswithout limitation, any tool, substance, weapon, machine, computer, money or security, which is used as an instrumentality in any of the following crimes is subject to forfeiture:
13.
NRS 179.121 is hereby amended to read as follows:
179.121 1.
All personal property, including, without limitation, any tool, substance, weapon, machine, computer, money or security, which is used as an instrumentality in any of the following crimes is subject to forfeiture:
- *AB166_R2* – 10 – (d) The commission of any crime by a criminal gang, as defined in NRS 213.1263;
or - 80th Session (2019) – 10 – (e) A violation of NRS 200.463 to 200.468, inclusive, 201.300, 201.320, 202.265, 202.287, 205.473 to 205.513, inclusive, 205.610 to 205.810, inclusive, 370.380, 370.382, 370.395, 370.405, 465.070 to 465.086, inclusive, 630.400, 630A.600, 631.400, 632.285, 632.291, 632.315, 633.741, 634.227, 634A.230, 635.167, 636.145, 637.090, 637B.290, 639.100, 639.2813, 640.169, 640A.230, 644A.900 or 654.200 [.] or section 1 of this act.
Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301 or 501.3857, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 202.287,202.287,e 202.300 or 465.070 to 465.086, inclusive, are subject to forfeiture except that:
(b) A conveyance is not subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the owner’s knowledge, con(c)consent Aor conveyancewillful isblindness; not subject to forfeiture for a violation of NRS 202.300 if the firearm used in the violation of that section was not(d) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the felony.
If(c) aA conveyance is forfeited,not thesubject appropriateto lawforfeiture enforcementfor agencya mayviolation payof NRS 202.300 if the existingfirearm balanceused andin retainthe violation of that section was not loaded at the conveyancetime forof officialthe use.violation;
3.and (d) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the felony.
If a conveyance is forfeited, the appropriate law enforcement agency use.pay the existing balance and retain the conveyance for official 3.
- *AB166_R2*80th Session (2019) – 11 – Sec.
3.unless the offender is the parent or guardian of the victim..4631, 4.
InvoluntaryAn servitudeoffense ofinvolving asex childtrafficking pursuant to subsection of NRS 200.4631,201.300 unlessor theprostitution offenderpursuant isto theNRS parent201.320 [.] or guardiansection 1 of thethis victim.act.
4.
An offense involving sex trafficking pursuant to subsection 2 of NRS 201.300 or prostitution pursuant to NRS 201.320 [.] or section 1 of this act.
An offense against a child committed in another jurisdiction, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or isn,is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as an offender who has committed a crime against a childochild because of the offense.
This subsection includes, without limitation, an offense(a) prosecutedA in:tribal court.in:
(a) A tribal court.
- 80th Session (2019) – 12 – (b) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation;
- *AB166_R2* – 12 – (c) An offense involving sex trafficking pursuant to NRS 201.300 or prostitution pursuant to NRS 201.320 [;] or section 1 of this act;
§ 20911(3);2092.(3)Involves an attempt or conspiracy to commit any offense described in subsection 1;
2.
Involves an attempt or conspiracy to commit any offense described in subsection 1;
primarily1. characterized by the expectation of affectional or sexual involvement.
The“Dating termrelationship” doesmeans notfrequent, includeintimate aassociations casualprimarily relationshipcharacterized orby an ord2.ary“Division” means the Divisionexpectation of Childaffectional andor Familysexual Servicesxt.involvement.
ofThe theterm Departmentdoes ofnot Healthinclude anda Humancasual Services.relationship or an ordinary association between persons in a business or social context.
of the Department of Health and Human Services.and Family Services 3.
- 80th Session (2019) – 13 – (3) Compelling the other by force or threat of force to perform an act from which he or she has the right to refrain or to refrain from an act which he or she has the right to perform.
- *AB166_R2* – 13 – (5) A knowing, purposeful or reckless course of conduct intended to harass the other.
(III)(IV) Trespassing.Larceny.sing.
(IV) Larceny.
“Victim of human trafficking” means a person who is a vic(a)victim Involuntaryof: servitude as set forth in NRS 200.463 or 200.464.
(a) Involuntary servitude as set forth in NRS 200.463 or 200(b) A violation of any provision of NRS 200.465.
- 80th Session (2019) – 14 – Sec.
- *AB166_R2* – 14 – 4.
5.
A violation of NRS 201.320 [.] or section 1 of this act.
NRS 432.157 is hereby amended to read as follows:follows:ct.
(c) Recommend legislation concerning missing or exploited children;chi(d) Investigate and prosecute any alleged crime involving the exploitation of children, including, without limitation, sex trafficking in violation of subsection 2 of NRS 201.300 or a violation of NRS 201.320 [.] or section 1 of this act.
and5. (d) Investigate and prosecute any alleged crime involving the trafficking in violation of subsection 2 of NRS 201.300 or a violation of NRS 201.320 [.] or section 1 of this act.
Upon request by the Children’s Advocate, a district attorney or local law enforcement agency in this state shall provide allorneyall information and assistance necessary to assist the Children’s Advocate in carrying out the provisions of this section.
Any money received by the Children’s Advocate must be deposited in the Special Account for the Support - 80th Session (2019) – 15 – of the Office of Advocate for Missing or Exploited Children, which is hereby created in the State General Fund.
-Account *AB166_R2*and –must 15not –revert 9.to the State General Fund at the end of any fiscal year.
Money in the Special Account must remain in the Special Account and must not revert to the State General Fund at the end of any fiscal year.
approval.0.Sec.
This20. act becomes effective upon passage and H - *AB166_R2*
This act becomes effective upon passage and approval.
~~~~~ 19 - 80th Session (2019)
Show all 135 changed rows (95 more)
View plain text versions (4)
- Enrolled As Enrolled Current pdf
- Reprint 2 View text pdf
- Reprint 1 View text pdf
- Introduced As Introduced pdf
Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Approved by the Governor. Chapter 423.
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Enrolled and delivered to Governor.
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Senate Amendment No. 805 concurred in. To enrollment.
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In Assembly.
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From printer. To re-engrossment. Re-engrossed. Second reprint. Read third time. Passed, as amended. Title approved. (Yeas: 21, Nays: None.) To Assembly.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 805.) To printer.
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In Senate. Read first time. Referred to Committee on Judiciary. To committee.
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Read third time. Passed, as amended. Title approved. (Yeas: 39, Nays: 2, Excused: 1.) To Senate.
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From printer. To engrossment. Engrossed. First reprint. Taken from General File. Placed on General File for next legislative day.
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Read second time. Amended. (Amend. No. 301.) To printer.
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From committee: Amend, and do pass as amended.
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Notice of eligibility for exemption.
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From printer. To committee.
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Read first time. Referred to Committee on Judiciary. To printer.
Sponsors
- Assemblyman Tom Roberts · Primary
- Pat Spearman · Primary
- Keith Pickard · Primary
- Jill Tolles · Primary
Sponsorship breakdown
Export CSV (upgrade) →4 sponsors · 0 co-sponsors · 63 not signed on
Sponsors (4)
- Assemblyman Tom Roberts
- Pat Spearman
- Keith Pickard
- Jill Tolles
Co-sponsors (0)
None.
Not signed on (63)
63 members have not signed on to this bill.
Show all 63 →"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.
Subjects
Frequently asked questions
- What does AB 166 do?
- AN ACT relating to crimes; establishing the crime of advancing prostitution; revising the penalties for the crime of living from the earnings of a prostitute; providing penalties; and providing other matters properly relating thereto.
- Who sponsors AB 166?
- AB 166 is sponsored by Assemblyman Tom Roberts, Pat Spearman, Keith Pickard, and Jill Tolles.
- What is the current status of AB 166?
- This bill has been enacted into law. Introduced February 15, 2019. Enacted.
- Where can I track AB 166?
- Track AB 166 free on One Click Politics — get push/email alerts when it moves.
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