AB 64 — Revises provisions relating to certain crimes. (BDR 15-407)

(ReprintedAssembly withBill amendmentsNo. adopted on April 12, 2021) FIRST REPRINT A.B.

6464–Committee Aon SSEMBLYJudiciary BILLCHAPTER.......... NO .

64–COMMITTEE ON JUDICIARY (O NB EHALF OF THE ATTORNEY GENERAL ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to certain crimes.

(BDR 15-407) FISCAL NOTE:

Effect on Local Government:

Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.

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 grantsDigest: the Attorney General concurrent jurisdiction with the district attorneys of the counties in this State to prosecute a person for committing the crime of pandering, sex trafficking, living from the earnings of a prostitute or advancing prostitution.

(NRSExisting 201.345)law Section 2.5 of this bill grants the Attorney General additional concurrent jurisdiction towith prosecutethe adistrict personattorneys forof committing the crimecounties of facilitating sex trafficking, engaging in prostitutionthis orState solicitation for related offenses if committed in the course of such crimes.authority to chargeprosecute Existing law provides that a person is guilty of soliciting a child for prostitutioncommitting ifadvancing theprostitution. person solicits:

(NRS 201.345) Section 2.5 of this bill grants the Attorneyor General additional concurrent jurisdiction to prosecute a person for committing the crime of facilitating sex trafficking, engaging in prostitution or solicitation for prostitution.

Section 2.5 also grants the Attorney General authority to charge related offenses if committed in the course of such crimes.

if the person solicits:

-EXPLANATION *AB64_R1* – 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 and 2.

2.

(Deleted by amendment.) Sec.

2.- 81st Session (2021) – 2 – prostitution:erson who violates subsection 1 by soliciting for (a) A [peace officer who is posing as a] child;

Any person who violates subsection 1 by soliciting for prostitution:

(a) A [peace officer who is posing as a] child;

(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 assistance to the prostitute.

(b) Arrests or issues a citation to a prostitute for a violation of subsection 1 shall, before the prostitute is released from custody ororf cited:

and - *AB64_R1* – 3 – (2) Provide the information regarding and opportunities for connecting with social service agencies described in paragraph (a).

(c) For a third or subsequent offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140,193.140,s and by a fine of not less than $1,300.

(a)- Is81st notSession within(2021) the– person’s3 present– ability to pay, in lieu of paying the penalty, the court may allow the person to performperformlieu of community service for a reasonable number of hours, the value of which would be commensurate with the civil penalty.

(c) For a third or subsequent offense, 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 maximum term of notnoton for more than 6 years, and may be further punished by a fine of not more than $15,000.

and - *AB64_R1* – 4 – (b) Programs of treatment for persons who solicit prostitution which are certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.

If a person who violates subsection 1 is ordered pursuant to NRS 4.373 or 5.055 to participate in a program for the treatment of 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 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 treatment for - 81st Session (2021) – 4 – persons who solicit prostitution.

The person may not be held thereafter under any law to 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.

Discharge and dismissal under this of the subsection may occur only once with respect to any person.

Each such agency - *AB64_R1* – 5 – or officer shall notify the court in writing of its compliance with the order.

As used in this subsection, “sex trafficking” means a violation of subsection 2 of NRSSec.NRS 201.300.

Sec.

(Deleted by amendment.) H~~~~~ 21 - *AB64_R1*81st Session (2021)