SB 368 — Revises provisions relating to protections for victims of crime. (BDR 3-166)

and - *SB368_R2* – 5 – (b) Take into consideration any reasonable concerns for the safety of the petitioner, family members of the petitioner or other victims that may be jeopardized by the granting of the petition.

If a petition filed pursuant to subsection 1 does not satisfy the requirements of NRS 62H.130 or the juvenile court determines - 80th Session (2019) – 5 – that the petition is otherwise deficient with respect to the sealing of the petitioner’s record, the juvenile court may enter an order to vacate the adjudication and dismiss the accusatory pleading if the petitioner satisfies all requirements necessary for the adjudication to be vacated.

If the juvenile court enters an order pursuant to subsection 6, the court shall also order sealed all records of the petitioner which relate to the adjudication being vacated in accordance with paragraph (b) of subsection 5, regardless of whether any records relating to other adjudications are ineligible for sealing either by operation of law or because of a deficiency in the petition.petition.ither by Sec.

Sec.

If a child is less than 21 years of age, the child or a probation or parole officer on behalf of the child may petition the juvenile court for an order sealing all records relating to the child.

[The] Except as otherwise provided in section 4 of this act, the peti(a)petition Notmay earlierbe thanfiled: 3 years after the child was last adjudicated in need of supervision, adjudicated delinquent or placed under the supervision of the juvenile court pursuant to NRS 62C.230;

(a) Not earlier than 3 years after the child was last adjudicated in need of supervision, adjudicated delinquent or placed under the supervision of the juvenile court pursuant to NRS 62C.230;

The district attorney and the chief probation officer or any of their deputies, the Chief of the Youth Parole Bureau or his or her designee, or any other person who has evidence that is relevant to considerationpetition.tion of the petition may testify at the hearing on the petition.4.

4.Except as otherwise provided in subsection 6, after the hearing on the petition, if the juvenile court finds that during the applicable 3-year period, the child has not been convicted of a felony or of any misdemeanor involving moral turpitude and the child has been rehabilitated to the satisfaction of the juvenile court, the juvenile court:

Except as otherwise provided in subsection 6, after the hearing on the petition, if the juvenile court finds that during the applicable 3-year period, the child has not been convicted of a felony or of any misdemeanor involving moral turpitude and the - *SB368_R2* – 6 – child has been rehabilitated to the satisfaction of the juvenile court, the juvenile court:

- 80th Session (2019) – 6 – 5.

(c) The behavior of the child after the child was last adjudicated in need of supervision or adjudicated delinquent, placed under the informal supervision of a probation officer pursuant to NRS 62C.200pursuant orto placedNRS under62C.230;the the supervision of the juvenile court pursuant(d) The response of the child to NRSany 62C.230;treatment or rehabilitation program;

(d) The response of the child to any treatment or rehabilitation program;

(h) Whether the sealing of the record would be in the best interest of the child and the State;

and would be in the best (i) Any other circumstance that may relate to the rehabilitation of 6.e cIf the juvenilechild. court retains jurisdiction over a civil judgment and a person against whom the civil judgment was entered pursuant to NRS 62B.420, the case caption, case number and order entering the civil judgment must not be sealed until the civil judgment is satisfied or expires.

6.

If the juvenile court retains jurisdiction over a civil judgment and a person against whom the civil judgment was entered pursuant to NRS 62B.420, the case caption, case number and order entering the civil judgment must not be sealed until the civil judgment is satisfied or expires.

Secs.

6-12.

(Deleted by amendment.) a new chapter to consist of the provisions set forth as sections 14 to 15.8, inclusive, of this act.

6.

(Deleted by amendment.) Sec.

7.

(Deleted by amendment.) Sec.

8.

(Deleted by amendment.) Sec.

9.

(Deleted by amendment.) Sec.

10.

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11.

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12.

(Deleted by amendment.) - *SB368_R2* – 7 – Sec.

13.

Title 14 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 14 to 15.8, inclusive, of this act.

Sec.

- 80th Session (2019) – 7 – Sec.

meaning ascribed to it in NRS 200.364.ic evidence kit” has the Sec.

14.8.

“State DNA Database” means the database established pursuant to NRS 176.09121.

14.7.14.9.

“Sexual“Survivor” assaultmeans forensica evidenceperson kit”who hasis a victim of sexual assault, as defined in NRS 217.280 or, if the meaSec.victim is incompetent, deceased or a minor, the parent, guardian, spouse, legal representative or other person related to the victim within the second degree of consanguinity or affinity, unless such person is the defendant or accused or is convicted of the sexual assault.

14.8.be“State DNA Database” means the database established pursuant to NRS 176.09121.

sexual assault, as defined in NRS 217.280 or, if the victim is incompetent, deceased or a minor, the parent, guardian, spouse, legal representative or other person related to the victim within the second degree of consanguinity or affinity, unless such person is the defendant or accused or is convicted of the sexual assault.

Sec.marker analysis of a sexual assault forensic evidence kit pursuant to NRS 200.3786.

15.2.2.

1.

A survivor has the right to prompt genetic marker analysis of a sexual assault forensic evidence kit pursuant to NRS 200.3786.

- *SB368_R2* – 8 – 2.

A sexual assault forensic evidence kit that is - 80th Session (2019) – 8 – in the custody of an agency of criminal justice must be retained for:

If a survivor has requested to defer analysis pursuant to subsection 2, the survivor may request that the forensic laboratory analyze the sexual assault forensic evidence kit at any later date beforesubsection the3.piration expiration of the retention period pursuant to subsection5. 3.

5.A survivor has the right to the information regarding the timeline of the genetic marker analysis of sexual assault forensic evidence kits pursuant to NRS 200.3786.

ASec. survivor has the right to the information regarding the timeline of the genetic marker analysis of sexual assault forensic eviSec.

pUponUpon the request of a survivor, he or she has the right to be informed of:

assault1. forensic evidence kit of the survivor;ysis of the sexual 2.

The results of the genetic marker analysis of the sexual assault forensic evidence kit of the survivor;

2.

The authority of a law enforcement agency to take possession of that evidence or to submit that evidence to a forensic laboratory;

andandhat evidence or to submit that evidence to a forensic 2.

- *SB368_R2* – 9 – Sec.

Failure by a law enforcement agency, forensic laboratory or other relevant entity to comply with the requirements of the Sexual Assault Survivors’ Bill of Rights does not constitute - 80th Session (2019) – 9 – grounds for challenging the validity of a match or any information in the State DNA Database during any criminal or civil proceeding, and any evidence of such a match or any information in the State DNA Database must not be excluded by a court on such grounds.

A temporary order issued pursuant to NRS 200.378 expires within such time, not to exceed 30 days, as the courtperiod fixes.of a temporary order, the temporary order remains in effecthe until the hearing on the extended order is held.

If a petition for an extended order is filed within the period of a temporary order, the temporary order remains in effect until the hearing on the extended order is held.

On 2 days’ notice to the party who obtained the temporary order, the adverse party may appear and move its dissolution or modification, and in that event, the court shall proceed to hear and determine such motion as expeditiously as the ends of justiceearjustice and require.

year,]3. 3 years, as the court fixes.

AAn temporaryextended order mayexpires bexceedwithin [1such convertedtime, bynot the court, upon notice to theexceed adverse[1 partyyear,] and3 ayears, hearing,as intothe ancourt extendedfixes. order effective for not more than [1 year.] 3 years.

A temporary order may be converted by the court, upon notice to the adverse party and a hearing, into an extended order effective for not more than [1 year.] years.

At any time while the extended order is in effect, the party who obtained the extended order or the adverse party may appear and move for its dissolution or modification based on changes of circumstance of the parties, and in that event the court shall proceed to hear and determine such motion as expeditiously as the endsend6.of This section must not be construed to affect the right of justicean require.adverse party to an interlocutory appeal pursuant to NRS 33.030.

6.

This section must not be construed to affect the right of an adverse party to an interlocutory appeal pursuant to NRS 33.030.

(Deleted by amendment.) - *SB368_R2* – 10 – Sec.

(a) Detains, but does not arrest or issue a citation to a prostitute for a violation of subsection 1 shall, before releasing the prostitute, provide information regarding and opportunities for connecting with social service agencies that may provide - 80th Session (2019) – 10 – assistance to the prostitute.

(1) Inform the prostitute that he or she may be eligible for assignment to a preprosecution diversion program established pursuantpursuan(2) toProvide NRSthe 174.032;information regarding and opportunities for connecting with social service agencies described in paragraph (a).

and3. (2) Provide the information regarding and opportunities for connecting with social service agencies described in paragraph (a).

whoExcept violatesas subsectionotherwise 1:e provided in subsection 5, a customer (a)who Forviolates asubsection first1: offense, is guilty of a misdemeanor and shall be $400.hed as provided in NRS 193.150, and by a fine of not less than (b) For a second 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 $800.

(a) For a first offense, is guilty of a misdemeanor and shall be punished as provided in NRS 193.150, and by a fine of not less than $400.

(b) For a second 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 $800.

If the civil penalty imposed pursuant to this subsection:sub(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.

(a)(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.

- *SB368_R2* – 11 – (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.

- 80th Session (2019) – 11 – (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.

6.attorney pursuant to subsection 4 must be deposited in the county or city treasury, as applicable, to be used for:

Any civil penalty collected by a district attorney or city attorney pursuant to subsection 4 must be deposited in the county or city treasury, as applicable, to be used for:

 Not less than 50 percent of the money deposited in the county or city treasury, as applicable, pursuant to this subsection must be used for the enforcement of this section.

NRS7. 4.373 or 5.055 to participate in a program for the treatment ofo persons who solicit prostitution, upon fulfillment of the terms and conditions of the program, the court may discharge the person and dismiss the proceedings against the person.

If thea court discharges the person andwho dismissesviolates thesubsection proceedings1 againstis theordered person,pursuant ato nonpublicNRS record4.373 ofor the5.055 dischargeto andparticipate dismissalin musta beprogram transmittedfor to and retained by the Divisiontreatment of Parolepersons andwho Probationsolicit ofprostitution, theupon Departmentfulfillment of Publicthe Safetyterms solelyand forconditions the use of the courtsprogram, inthe determiningcourt whether,may indischarge later proceedings, the person qualifiesand underdismiss thisthe sectionproceedings foragainst participationthe inperson. a program of treatment for persons who solicit prostitution.

ExceptIf asthe otherwisecourt provideddischarges inthe thisperson subsection, discharge and dismissaldismisses underthe thisproceedings subsectionagainst isthe withoutperson, adjudication of guilt and is not a convictionnonpublic forrecord purposes of employment,the civildischarge rightsand ordismissal anymust statutebe ortransmitted regulationto orand licenseretained orby questionnairethe orDivision forof anyParole otherand publicProbation orof privatethe purpose,Department butof isPublic aSafety convictionsolely for the purposeuse of additionalthe penaltiescourts imposedin fordetermining awhether, secondin orlater subsequentproceedings, convictionthe orperson thequalifies settingpersons ofwho bail.solicit prostitution.

DischargeExcept as otherwise provided inr this subsection, discharge and dismissal restoresunder thethis personsubsection discharged,is inwithout theadjudication contemplationof -guilt *SB368_R2*and –is 12not –a conviction for purposes of theemployment, law,civil torights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the statuspurpose occupiedof beforeadditional penalties imposed for a second or subsequent conviction or the proceedings.setting of bail.

Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the proceedings.

Discharge and dismissal under this - 80th Session (2019) – 12 – subsection may occur only once with respect to any person.

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 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.

A professional licensing board is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant torto this section.

a10. violation of subsection 1, the prosecuting attorney has reason toh believe that the prostitute is a victim of sex trafficking, the prosecuting attorney shall dismiss the charge.

If, at any time before the trial of a prostitute charged with a violation of subsection 1, the prosecuting attorney has reason to believe that the prostitute is a victim of sex trafficking, the prosecuting attorney shall dismiss the charge.

Sec.Secs.

20.20-24.

21.

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22.

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23.

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24.

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388.1351388.13535, 1.a teacher, administrator, coach or other staff memberNRS who witnesses a violation of NRS 388.135 or receives information that a violation of NRS 388.135 has occurred shall report the violation to the administrator or his or her designee as soon as practicable, but not later than a time during the same day on which the teacher, administrator, coach or other staff member witnessed the violation or received information regarding the occurrence of a violation.

Except as otherwise provided in NRS 388.13535, a teacher, administrator, coach or other staff member who witnesses a violation of NRS 388.135 or receives information that a violation of NRS 388.135 has occurred shall report the violation to the administrator or his or her designee as soon as practicable, but not later than a time during the same day on which the teacher, administrator, coach or other staff member witnessed - *SB368_R2* – 13 – the violation or received information regarding the occurrence of a violation.

Except as otherwise provided in this subsection, upon receiving a report required by subsection 1, the administrator or designee shall immediately take any necessary action to stop the bullying or cyber-bullying and ensure the safety and well-being of the reported victim or victims of the bullying or cyber-bullying and - 80th Session (2019) – 13 – shall begin an investigation into the report.

(a) Except as otherwise provided in subsection 4, notification provided by telephone, electronic mail or other electronic means or provided in person, of the parents or guardians of all pupils directly involved in the reported bullying or cyber-bullying, as applicable,applicable,tly either as a reported aggressor or a reported victim of the bullying or cyber-bullying.

(1) If the bullying or cyber-bullying is reported before the end of school hours on a school day, before the school’s administrative office closes on the day on which the bullying or cyber-(2) If the bullying or cyber-bullying was reported on a day that is notreported; a school day, or after school hours on a school day, before the day on which the bullying or cyber-bullying is reported.following (b) Interviews with all pupils whose parents or guardians must be notified pursuant to paragraph (a) and with all such parents and guardians.

or (2) If the bullying or cyber-bullying was reported on a day that is not a school day, or after school hours on a school day, before the school’s administrative office closes on the school day following the day on which the bullying or cyber-bullying is reported.

(b) Interviews with all pupils whose parents or guardians must be notified pursuant to paragraph (a) and with all such parents and guardians.

5.investigation required by this section must be completed not later than 2 school days after the administrator or designee receives a report required by subsection 1.

Except as otherwise provided in this subsection, an investigation required by this section must be completed not later than 2 school days after the administrator or designee receives a report required by subsection 1.

- *SB368_R2* – 14 – 6.

If a violation is found to have occurred, the report must include recommendations concerning the imposition of disciplinary action or other measures to be imposed as a result of the violation, in accordance with the - 80th Session (2019) – 14 – policy governing disciplinary action adopted by the governing body.

If a violation is found not to have occurred, information concerning the incident must not be included in the record of the rep8.tedNot later than 10 school days after receiving a report required by subsection 1, the administrator or designee shall meet with each reported aggressor.victim of the bullying or cyber-bullying to inquire about the well-being of the reported victim and to ensure that the reported bullying or cyber-bullying, as applicable, is not continuing.

8.

Not later than 10 school days after receiving a report required by subsection 1, the administrator or designee shall meet with each reported victim of the bullying or cyber-bullying to inquire about the well-being of the reported victim and to ensure that the reported bullying or cyber-bullying, as applicable, is not continuing.

To the extent that information is available, the administrator or his or her designee shall provide a list of any resources that may be available in the community to assist a pupil to each parent or may guardian of a pupil to whom notice was provided pursuant to this limitation,section resourcesas availablesoon atas nopracticable. charge or at a reduced cost and may be provided in person or by electronic or regular mail.

Such a list may include, without limitation, resources available at no charge or at a reduced cost and may be provided in person or by electronic or regular mail.

The parent or guardian of a pupil involved in the reported violation of NRS 388.135 may appeal a disciplinary decision of the administrator or his or her designee, made against the pupil as a result of the violation, in accordance with the policy governinggoverninga disciplinary action adopted by the governing body.

If a violation of NRS 388.135 is found to have occurred, the parent or guardian of a pupil who is a victim of bullying or - *SB368_R2* – 15 – cyber-bullying may request that the board of trustees of the school district in which the pupil is enrolled to assign the pupil to a different school in the school district.

Upon receiving such a - 80th Session (2019) – 15 – request, the board of trustees shall, in consultation with the parent or guardian of the pupil, assign the pupil to a different school.

and (c) Times in which no violation of NRS 388.135 is found to havehav13. occurred.

13.

purposes14. of this section by the schedule established by the governing body for the school.

placeSchool anyhours limitand onschool thedays timeare withindetermined whichfor anthe investigationedpurposes toof concerningthis anysection allegedby actthe thatschedule constitutesestablished sexualby assaultthe mustgoverning bebody completed.for the school.

15.

The provisions of this section must not be construed to place any limit on the time within which an investigation concerning any alleged act that constitutes sexual assault must be completed.

The Division shall ensure that each facility to which a person with an intellectual disability or a person with a developmentaldevelopmentaln disability is able to be admitted pursuant to this chapter provides:

and - *SB368_R2*80th Session (2019) – 16 – (b) Explains what sexual abuse is and how to report sexual abuse.

If the alleged victim or a witness to a crime alleges that the crime involved the sexual penetration of the victim’s body, the health authority shall perform the tests set forth in subsection 2 as soon as practicable after the arrest of the person alleged to have committed the crime, but not later than [48] 72 hours after the person is charged with the crime by indictment or information, unless the person alleged to have committed the crime is a child who will be adjudicated in juvenile court and then not later than [48] 72 hours after the petition is filed with the juvenile court alleging that the child is delinquent for committing such an act.

the3. health authority shall perform such follow-up tests for then 2, human immunodeficiency virus as may be deemed medically app4.priAs soon as practicable, the health authority shall disclose the results of all tests performed pursuant to subsection 2 or 3 to:

(a)In Theaddition victimto orthe test performed pursuant to subsection 2, the victim’shealth parentauthority orshall guardianperform ifsuch follow-up tests for the victimhuman isimmunodeficiency avirus child;as may be deemed medically appropriate.

and4. (b) The arrested person and, if the person is a child, to the parent or guardian of the child.

As soon as practicable, the health authority shall disclose the results of all tests performed pursuant to subsection 2 or 3 to:

is a child;

andim or to the victim’s parent or guardian if the victim (b) The arrested person and, if the person is a child, to the parent or guardian of the child.

- 80th Session (2019) – 17 – (b) Counseling regarding the human immunodeficiency virus and any commonly contracted sexually transmitted disease to which - *SB368_R2* – 17 – the health authority determines the victim may have been exposed;

8.

As used in this section:

NRS(b) 200.364.al“Sexual penetration” has the meaning ascribed to it in Sec.NRS 200.364.

27.3.Secs.

(Deleted27.3 byand amendment.)28. Sec.

28.(Deleted by amendment.) ~~~~~ 19 - 80th Session (2019)

(Deleted by amendment.) H - *SB368_R2*