Nevada 2019 Regular Session Status: In Committee

AB 349 — Prohibits sexual conduct between a law enforcement officer and a person who is under arrest or is currently detained by any law enforcement officer. (BDR 15-1003)

Last action — (Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed.)

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

This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

AN ACT relating to crimes; prohibiting sexual conduct between a law enforcement officer and a person who is under arrest or is currently detained by any law enforcement officer; providing a penalty; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

35 added · 30 removed

35 line(s) added, 30 removed.

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A.B.
(Reprinted with amendments adopted on April 16, 2019) FIRST REPRINT A.B.
349 ASSEMBLY B ILLN O.
349 ASSEMBLY BILLN O.
349–A SSEMBLYMAN F RIERSON M ARCH 18, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Prohibits sexual conduct between a law enforcement officer and a person whom the law enforcement officer has detained or arrested.
349–A SSEMBLYMAN F RIERSON M ARCH 18, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Prohibits sexual conduct between a law enforcement officer and a person who is under arrest or is currently detained by any law enforcement officer.
prohibiting sexual conduct between a law enforcement officer and a person whom the law enforcement officer has detained or arrested;
prohibiting sexual conduct between a law enforcement officer and a person who is under arrest or is currently detained by any law enforcement officer;
LegExisting law prohibits a person from voluntarily engaging in sexual conduct with a prisoner who is in lawful custody or confinement and provides that any person who violates such a prohibition is guilty of a category D felony.
Legislative Counsel’s Digest:
(NRS 212.187) This bill provides that if a law enforcement officer voluntarily engages in sexual conduct with a person whom the law enforcement officer has detained or provides that the consent of a person who was detained or arrested by a laws bill also enforcement officer to any sexual conduct with the law enforcement officer is not a defense to a prosecution for such unlawful sexual conduct.
Existing law prohibits a person from voluntarily engaging in sexual conduct with a prisoner who is in lawful custody or confinement and provides that any person who violates such a prohibition is guilty of a category D felony.
(NRS sexual conduct with a person who is under arrest or is currently detained by the law enforcement officer or any other law enforcement officer, the law enforcement officer is guilty of a category D felony.
This bill also provides that the consent of a person who was under arrest or detained by any law enforcement officer to any sexual conduct with a law enforcement officer is not a defense to a prosecution for such unlawful sexual conduct.
Unless an act committed in violation of this section constitutes sexual assault pursuant to NRS 200.366, a law enforcement officer who voluntarily engages in sexual conduct with a person whom the law enforcement officer has detained or - *AB349* – 2 – provided in NRS 193.130.category D felony and shall be punished as 2.
Unless an act committed in violation of this section constitutes sexual assault pursuant to NRS 200.366, a law enforcement officer who voluntarily engages in sexual conduct - *AB349_R1* – 2 – law enforcement officer or any other law enforcement officer ishe guilty of a category D felony and shall be punished as provided in NRS 193.130.
The consent of a person who was detained or arrested by a law enforcement officer to any sexual conduct with a law enforcement officer is not a defense to a prosecution for any act prohibited by this section.
2.
The consent of a person who was under arrest or detained by any law enforcement officer to any sexual conduct with a law enforcement officer is not a defense to a prosecution for any act prohibited by this section.
H - *AB349*
H - *AB349_R1*
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Amendments

1 amendment

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Action History

  1. (Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed.)

  2. In Senate. Read first time. Referred to Committee on Judiciary. To committee.

  3. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 41, Nays: None, Excused: 1.) To Senate.

  4. Read second time. Amended. (Amend. No. 200.) To printer.

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

  6. From printer. To committee.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"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

What does AB 349 do?
AN ACT relating to crimes; prohibiting sexual conduct between a law enforcement officer and a person who is under arrest or is currently detained by any law enforcement officer; providing a penalty; and providing other matters properly relating thereto.
Who sponsors AB 349?
AB 349 is sponsored by Jason Frierson.
What is the current status of AB 349?
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 349?
Track AB 349 free on One Click Politics — get push/email alerts when it moves.

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