SB 7 — Revises provisions relating to the solicitation of a child for prostitution. (BDR 15-406)

(ReprintedSenate withBill amendmentsNo. adopted on May 22, 2019) SECOND REPRINT S.B.

77–Committee SENATEon BILLJudiciary NOCHAPTER.......... .

7–COMMITTEE ON JUDICIARY (O NB EHALF OF THE ATTORNEY GENERAL ) PREFILED N OVEMBER 14, 2018 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to the solicitation of a child for prostitution.

(BDR 15-406) 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.

Existing law prohibits a person from engaging in prostitution or solicitation customertherefor, whoexcept violatesin such a prohibitionlicensed byhouse solicitingof aprostitution. child for prostitution is guilty:

Existing law provides that a guilty:

-EXPLANATION *SB7_R2* – 2Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Sectionmatter 1.between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Sections 1-4.

2.

(Deleted by amendment.) Sec.

3.

(Deleted by amendment.) Sec.

4.

(Deleted by amendment.) Sec.

(a)- For80th aSession first(2019) offense,– is2 guilty– of a misdemeanor and shall be punished as provided in NRS 193.150, and by a fine of not less than $400.

In addition to any other penalty imposed, the court shall order a person who violates subsection [3] 4 to pay a civil penalty of not less than $200 per offense.

The civil penalty must be paid to thefthe district attorney or city attorney of the jurisdiction in which the violation occurred.

(a) Is not within the person’s present ability to pay, in lieu of paying the 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 civil penalty.

the value of (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.

- *SB7_R2* – 3 – [5.] 6.

(c) For a third or subsequent offense, is guilty of a category [C] B felony and shall be punished [as provided in NRS 193.130.] by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, andandess may be further punished by a fine of not more than $15,000.

and (b)- Programs80th ofSession treatment(2019) for– persons3 who– solicit prostitution which are certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.

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 treatmentprovided in this subsection, discharge and dismissal under thiswise subsection is without adjudication of guilt and is not a conviction for personspurposes whoof solicitemployment, prostitution.civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for a second or subsequent conviction or the setting of bail.

Except as otherwise provided in this subsection, discharge and dismissal under this subsection is without adjudication of guilt and is not a conviction for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for a second or subsequent conviction or the setting of bail.

The person may not be held thereafter under any law to - *SB7_R2* – 4 – 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.

A professional licensing board may consider a proceeding under this subsection in determining suitability for a license or liabilitythose purposes to disciplinea fortruthful misconduct.answer from the applicant or licenseeor 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 such proceeding with respect to the applicant or licensee.

Except as limited by subsection [9,] 10, if a person is discharged and the proceedings against the person are dismissed pursuant to subsection [7,] 8, 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- officers80th asSession are(2019) – 4 – a copy of the order to be sent to each agency or officer named in the court’s order.

The court shall cause a copy of the order to be sent to each agency or officer named in the order.

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