AB 42 — Makes various changes relating to criminal law and criminal procedure. (BDR 14-371)

A person who violates such revises the list of persons so prohibited to include a personprovision whois hasguilty been convicted of the crime of battery which constitutes domestic violence pursuant to NRS 200.485, or the same or substantially similar conduct in another jurisdiction, committed against or upon certain persons, instead of a personcategory whoB hasfelony. been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C.

(NRS 202.360) Section 13 of this bill revises the list of persons so prohibited to include a person who has been convicted of the crime of battery which constitutes domestic violence pursuant to NRS 200.485, or the same or substantially similar conduct in another jurisdiction, committed against or upon certain persons, instead of a person who has been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Two or more offenses may be charged in the same indictment or information in a separate count for each offense if the - *AB42_R1*81st Session (2021) – 4 – offenses charged, whether felonies or gross misdemeanors or both, are:

or (b) Based on two or more acts or transactions connected togethertog2.herExcept oras constitutingotherwise partsprovided ofin asubsection common3 scheme[, ora] plan.:

2.

Except as otherwise provided in subsection 3 [, a] :

175.011tried 1.by jury must be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the [State.] prosecuting attorney.

[In a district court, cases] Cases required to be tried by jury must be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the [State.] prosecuting attorney.

[Except as provided in subsection 3, juries] Juries must consist of 12 jurors, but at any time before [verdict,] jury selection, - 81st Session (2021) – 5 – the parties may stipulate in writing with the approval of the court that the jury consist of any number less than 12 but not less than six.

- *AB42_R1* – 5 – [3.

Juries must consist of six jurors for the trial of a criminal action in a Justice Court.] Sec.175.051 1.

4.NRS 1If the offense charged is punishable by death or by imprisonment for life, each side is entitled to eight peremptory challenges.

NRS 175.051 is hereby amended to read as follows:

175.051 1.

If the offense charged is punishable by death or by imprisonment for life, each side is entitled to eight peremptory challenges.

The [State] prosecuting attorney must then offer its evidence in support of the charge, and the defendant may then offer evidenceevi4. in his or her defense.

4.

The court may order the sheriff , chief of police or chief marshal to do so, and the expenses incurred by the sheriff , chief of police or chief marshal in carrying- the81st orderSession into(2021) effect,– 6 – are a county or city charge.ct, when certified by the court, [shall be] areSec. a county or city charge.

- *AB42_R1* – 6 – Sec.

Upon approval of the district court, a municipal court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established pursuant to NRS 176A.250 or, if the municipal court has not established a program pursuant to NRS 176A.280, to a program established pursuant to that section.

(c) Actions for the breach of any bond given by any officer or person to or for the use or benefit of the city, and of any action for damages to which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all bonds given on appeals from the municipal court in any of the upon cases named in this section, when the principal sum claimed does not exceed $2,500.

- 81st Session (2021) – 7 – 4.

Nothing contained in subsection 3 gives the municipal court jurisdiction to determine any such cause when it appears from the pleadings that the validity of any tax, assessment or levy, or title to real property, is necessarily an issue in the cause, in which case the - *AB42_R1* – 7 – court shall certify the cause to the district court in like manner and with the same effect as provided by law for certification of causescausesand by justice courts.

The jurors may be selected by computer whenever procedures to assure random selection from computerized lists are established by the3. jury commissioner.

3.

(b)- Keep81st aSession record(2021) of– the8 name,– occupation, address and race of each trial juror who appears for jury service;

andess and race of (c) Prepare and submit a report to the Court Administrator which must:

(1) Include statistics from the records required to be maintained by the jury commissioner pursuant to this subsection, - *AB42_R1* – 8 – including, without limitation, the name, occupation, address and race of each trial juror who is selected and of each trial juror who appears for jury service;

The jury commissioner shall not select the name of any person whose name was selected the previous year, and who actually served on the jury by attending in court in response to the venire from day to day until excused from further attendance by order of the court, unless there are not enough other suitable jurors in the7.e countycA orcourt citymay tocontract dowith another court for the requiredpurpose of procuring any administrative duties performed by a jury duty.commissioner pursuant to this chapter.

7.

A court may contract with another court for the purpose of procuring any administrative duties performed by a jury commissioner pursuant to this chapter.

Every person named in the venire must be served by the sheriff , chief of police or chief marshal, as applicable, personally or by the sheriff [or the] , chief of police, [or the] chief marshal or jury commissioner by mailing a summons to the person, commanding theMileage personis toallowed attendonly asfor apersonal jurorservice. at a time and place designated therein.

MileageThe ispostage allowedmust onlybeerein. for personal service.

The postage must be paid by the sheriff [or the] , chief of police, [or the] chief marshal or jury commissioner, as the case may be, and allowed him or her as other claims against the county [.] or city.

- 81st Session (2021) – 9 – Sec.

Each person summoned to attend as a grand juror or a trial juror in the district court or justice court , or a trial juror in the municipal court, is entitled to a fee of $40 for each day after the second day of jury selection that the person is in attendance in response to the venire or summons, including Sundays and holidays.

- *AB42_R1* – 9 – 3.

If the home of a person summoned or serving as such a juror is 65 miles or more from the place of trial and the selection, inquiry or trial lasts more than 1 day, the person is entitled to receive an allowance for lodging at the rate established for state employees, in addition to his or her daily compensation for attendance or service, forfor6.achIn civil cases, any fee, per diem allowance, travel expense or other compensation due each dayjuror onengaged whichin the persontrial doesof notthe returncause must be paid each day in advance to histhe clerk of the court, or herthe home.justice of the peace, by the party who has demanded the jury.

6.

In civil cases, any fee, per diem allowance, travel expense or other compensation due each juror engaged in the trial of the cause must be paid each day in advance to the clerk of the court, or the justice of the peace, by the party who has demanded the jury.

- 81st Session (2021) – 10 – Sec.

(a) When it appears to the satisfaction of the justice before whomjustice is a material witness for either party.her party, that the action(b) isWhen pending,either byparty makes and files an affidavit ofthat eitherthe party,party believes that he or she cannot have a fair and impartial trial before the justice isby areason materialof witnessthe forinterest, eitherprejudice party.or bias of the justice.

(b) When either party makes and files an affidavit that the party believes that he or she cannot have a fair and impartial trial before the justice by reason of the interest, prejudice or bias of the justice.

- *AB42_R1* – 10 – (1) The city, precinct or township, if the jurors are to be summoned pursuant to subsection 1 of NRS 67.010;

The jury must be summoned upon an order of the justice from [, except as otherwise provided in subsection 2,] the qualified electors [,] of the county, whether or not registered as voters, [of the city, precinct or township,] and not from the bystanders.bys2.nde[In a county whose population is 700,000 or more, the] The justice may summon to the court [, from the qualified electors of the county, whether or not registered as voters, and not from the bystanders,] the number of qualified jurors which the justice determines is necessary for the formation of a jury.

2.

[In a county whose population is 700,000 or more, the] The justice may summon to the court [, from the qualified electors of the county, whether or not registered as voters, and not from the bystanders,] the number of qualified jurors which the justice determines is necessary for the formation of a jury.

and (2)- Perform81st notSession less(2021) than– 11 – hours, of community service.han 48 hours, but not more than 120 hours, The person shall be further punished by a fine of communitynot service.less than $200, but not more than $1,000.

 The person shall be further punished by a fine of not less than $200, but not more than $1,000.

- *AB42_R1* – 11 –  The person shall be further punished by a fine of not less than $500, but not more than $1,000.

A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must not be less than 12 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.

3.200.481, a person who has been previously convicted of:o NRS (a) A felony that constitutes domestic violence pursuant to NRS 33.018;

Unless a greater penalty is provided pursuant to NRS 200.481, a person who has been previously convicted of:

(a) A felony that constitutes domestic violence pursuant to NRS 33.018;

or (c) A violation of the law of any other jurisdiction that prohibits the same or similar conduct set forth in paragraph (a) or (b), - and81st whoSession commits(2021) a– battery12 which– constitutes domestic violence pursuant to NRS 33.018 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not less than $2,000, but not more than $5,000.

(b) For the second or any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison of a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.$5,5.0.

- *AB42_R1* – 12 – 5.

(a) For the first offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, at his or her expense, in a program for the treatment of persons who commit domestic violence tha(b) For the second offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 12 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.

(b) ForIf the secondperson offenseresides withinin 7this years,State requirebut the personnearest tolocation participateat inwhich weekly counseling sessionsservices ofare notavailable lessis thanin 1another 1/2state, hoursthe percourt weekmay forallow notthe lessperson thanto 12participate months,in atcounseling hisin orthe herother expense,state in a program- for81st theSession treatment(2021) of– persons13 who– commit domestic violence that has been certified pursuant to NRS 439.258.439.258.domestic violence 7.

 If the person resides in this State but the nearest location at which counseling services are available is in another state, the court may allow the person to participate in counseling in the other state in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.

7.

The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if thetheved at principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

- *AB42_R1* – 13 – 8.

If the court refers a child to an agency which provides child welfare services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of the convictedconvictede person’s ability to pay.

If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018 [, a]a :prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial.

(a)Except Thatas isotherwise punishable- as81st aSession misdemeanor(2021) – 14 – and may prohibit the person from owning, possessing or havinghavingmeanor under his or her control or custody any firearm pursuant to NRS 202.360, the person is entitled to a trial by jury pursuant to subsection 1 of NRS 175.011.175.011, regardless of whether the person was previously prohibited from owning, possessing or having under his or her control or custody any firearm pursuant to NRS 202.360.

(b) A prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial.

Except as otherwise provided in this [subsection,] paragraph, a court shall not grant probation to or suspend the sentence of such a person.

A court may grant probation to or suspend the sentence of such a person:

[(a)] (1) As set forth in NRS 4.373 and 5.055;

or [(b)] (2) To assign the person to a program for the treatment of veterans and members of the military pursuant to NRS 176A.290 if the charge is for a first offense punishable as a misdemeanor.

A court :

(a) Except as otherwise provided in paragraph (b), shall not grant probation to or suspend the sentence of [such] a person [.

A court may] described in subsection 10.

(b) May grant probation to or suspend the sentence of [such] a person [:

(a)] described in subsection 10:

(1) As set forth in NRS 4.373 and 5.055;

or [(b)] (2) To assign the person to a program for the treatment of the charge is for a first offense punishable as a misdemeanor.if [11.] 12.

-[12.] *AB42_R1*13. – 14 – 12.

A person who violates any provision included in a judgment of conviction or admonishment of rights issued pursuant to this section concerning the surrender, sale, transfer, ownership, possession, custody or control of a firearm is guilty of a category B felony and shall be punished 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, and may be further punished by a fine of notnott more than $5,000.

13.[13.] 14.

(a)- “Agency81st whichSession provides(2021) child– welfare15 – meaning ascribed to it in NRS 432B.030.fare services” has the (b) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 432B.030.200.481.

(b) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

(1) The spouse or former spouse of the person;

(4) The parent or legal guardian of the person;

- *AB42_R1* – 15 – (c) Has been convicted of a violation of NRS 200.575 or a law of any other state that prohibits the same or substantially similar conduct and the court entered a finding in the judgment of convictionNRS or200.575;r admonishment of rights pursuant to subsection 7 of (d) Except as otherwise provided in NRS 200.575;33.031, is currently subject to:

(d) Except as otherwise provided in NRS 33.031, is currently subject to:

(e)- 81st Session (2021) – 16 – (f) Is aan fugitiveunlawful fromuser justice;of, or addicted to, any controlled substance;

(f) Is an unlawful user of, or addicted to, any controlled substance;

(c)any other state or the United States;ally ill in a court of this State, (d) Has been foundacquitted guiltyby butreason mentallyof illinsanity in a court of this State, any other state or the United States;

(d) Has been acquitted by reason of insanity in a court of this State, any other state or the United States;

- *AB42_R1* – 16 – Sec.

The municipal court shall have such powers and jurisdiction in the city as are now provided by law for justice courts, wherein any person or persons are charged with the breach or violation of the provisions of any ordinance of such city or of this chapter, of a police or municipal nature.

- 81st Session (2021) – 17 – Sec.

Sec.612.265 1.RS 61Except as otherwise provided in this section and NRS 239.0115, 607.217 and 612.642, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s or employing unit’s identity.

16.

NRS 612.265 is hereby amended to read as follows:

612.265 1.

Except as otherwise provided in this section and NRS 239.0115, 607.217 and 612.642, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s or employing unit’s identity.

and (b) The Director of the Department of Employment, Training and Rehabilitation for the purpose of complying with the provisions of paragraph (d) of subsection 1 of NRS 232.920.232.920.with the provisions 4.

4.

(a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of laws relating to unemployment compensation, public assistance, workers’ - *AB42_R1* – 17 – compensation or labor and industrial relations, or the maintenance of a system of public employment offices;

(e)- The81st StateSession Contractors’(2021) Board– in18 the– performance of its duties to enforce the provisions of chapter 624 of NRS;

andandce of its duties (f) The Secretary of State to operate the state business portal established pursuant to chapter 75A of NRS for the purposes of verifying that data submitted via the portal has satisfied the necessary requirements established by the Division, and as necessary to maintain the technical integrity and functionality of the state business portal established pursuant to chapter 75A of NRS.

The request may be made electronically and must set forth the social security number of the person about whom the request is made and contain a statement signed by the properpropere authority of the State Controller or local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation assigned to the State Controller for collection or owed to the local government, as applicable.

The Administrator may publish or otherwise provide information on the names of employers, their addresses, their type or class of business or industry, and the approximate number of employees employed by each such employer, if the information released will assist unemployed persons to obtain employment or will be generally useful in developing and diversifying the economic interests of this State.

Upon request by a state agency which is able to demonstrate that its intended use of the information will benefit the residents of this State, the Administrator may, in addition to the - *AB42_R1* – 18 – information listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by each employer.

The Administrator may require - 81st Session (2021) – 19 – the state agency to certify in writing that the agency will take all actions necessary to maintain the confidentiality of the information and prevent its unauthorized disclosure.

Upon request therefor, the Administrator shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and maymayf furnish to any state agency similarly charged, the name, address, ordinary occupation and employment status of each recipient of benefits and the recipient’s rights to further benefits pursuant to this chapter.

In addition to the provisions of subsection 6, the Administrator shall provide lists containing the names and addresses of employers, and information regarding the wages paid by each employer to the Department of Taxation, upon request, for use in verifying returns for the taxes imposed pursuant to chapters 363A, 363B and 363C of NRS.

The Administrator may charge a fee totos 363A, cover the actual costs of any related administrative expenses.

The court or jury commissioner who requests the list - *AB42_R1* – 19 – of such persons shall reimburse the Division for the reasonable cost of providing the requested information.

The Division of Industrial Relations of the Department of Business and Industry shall periodically submit to the Administrator,- from81st informationSession in(2021) the– index20 of– claims established pursuant to NRS 616B.018, a list containing the name of eacheachlished person who received benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.

The Administrator may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report ororr, and return to the Comptroller of the Currency of the United States as provided in section 3305(c) of the Internal Revenue Code of 1954.

14.written, from the employer or employee to each other or to thel or Division or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the Division or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

- *AB42_R1* – 20 – 1.

or proceedings- are81st pendingSession or(2021) otherwise– unresolved21 on– January2. 1,dicial 2022.

Committed before January 1, 2022, if the underlying judicial proceedings are pending or otherwise unresolved on January 1, 2022.

H~~~~~ 21 - *AB42_R1*81st Session (2021)