SB 274 — Revises provisions relating to commercially sexually exploited children. (BDR 38-705)
Last action — Approved by the Governor. Chapter 412.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 18, 2021. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
680 added · 746 removed680 line(s) added, 746 removed.
REQUIRESSenate TWO-THIRDSBill MAJORITYNo. VOTE (§§ 1.3, 1.6) (Reprinted with amendments adopted on April 19, 2021) FIRST REPRINT S.B.
274274–Senators SRatti; ENATE BILL NO .
274–SENATORS RATTI ;AND CANNIZZARO M ARCH 18, 2021 ____________ Referred to Committee on Health and HumanCannizzaro ServicesCHAPTER.......... SUMMARY—Revises provisions relating to commercially sexually exploited children.
(BDR 38-705) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
CONTAINS UNFUNDED MANDATE (§ 29) (NOTREQUESTED BAFFECTEDLOCALGOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law defines the term “commercially sexually exploited child” to mean any child who is sex trafficked, sexually abused or sexually exploited for the financial benefit of any person or in exchange for anything of value.
(NRS the 432C.060) Section 1.2 of this bill defines the term “receiving center” to mean a secured facility that operates 24 hours each day, 7 days each week to provide specialized inpatient and outpatient services to commercially sexually exploited children.
Sections 1.9, 3 and 4 of this bill provide that a receiving center is not a group foster home, child care facility or child care institution for the purposes of the - *SB274_R1* – 2 – apply to the Division of Child and Family Services of the Department of Health and to Human Services in order to obtain a license to operate a receiving center.
Sections 1.5, 5, 6, 31, 32 and 34 of this bill require the Division to consult with certain persons, including, without limitation, lesbian, gay, bisexual, transgender and questioning children who currently reside in or have resided in receivingmanner centersthat whenis adoptingappropriate regulationsfor tothe ensuregender thatidentity eachor childexpression isof placedthe child.d in a mannerSection that1.6 isof appropriatethis forbill authorizes the genderDivision identityto orrequire expressionthe certification of thefacilities child.or organizations, other than receiving centers, that provide services to commercially sexually exploited children.
facilities or organizations, other than receiving centers, that provide services to commercially sexually exploited children.
or (2) a facility or - 81st Session (2021) – 2 – also authorizes the Division to bring an action for an injunction to prevent anytion 1.7 person or entity from operating a receiving center without a license or a facility or other entity for which a certificate is required without such a certificate.
SectionExisting 1.7law alsorequires authorizes the Divisiondevelopment toof bringa anplan actionto forestablish anthe injunctioninfrastructure to preventprovide anytreatment, personhousing orand entityservices fromto operatingcommercially asexually receivingexploited centerchildren. without a license or a facility or other entity for which a certificate is required without such a certificate.
Existing(NRS law424.0195) requiresSection the2 development of athis planbill torequires establish the infrastructureplan to provideinclude treatment,plans housing and services to commercially sexually exploited for providing receiving centers andor other appropriate placements to meet the plans housing needs of such children.
Section 2 also removes a requirement that the plan must ensure that any secured placement for a commercially sexually exploited child is temporary, subject to judicial review and utilized only when necessary.
child is Existing law requires an agency which provides child welfare services that receives a report of the commercial sexual exploitation of a child to conduct an initial screening to determine whether there is reasonable cause to believe that the child is a victim of commercial sexual exploitation.
(NRS 432C.130) Section 29 of this bill replaces that requirement with a requirement that the agency which children’sprovides advocacychild centerwelfare services conduct an assessment to determine whether the child:
(1) is a victim ofaof commercial sexual exploitation;
or (4) sufferschild fromwho anylives unmetwithin basicthe need.jurisdiction of the agency which provides child welfare services, section 29 requires the agency which provides child welfare services to take certain actions to protect the safety of the child and meet the other needs of the child.
UponExisting thelaw completionprohibits of the assessmentadjudication of a child who livesis withinalleged theto jurisdictionhave violated certain provisions of thelaw agencyrelating whichto providesprostitution childas welfaredelinquent services,or sectionin 29need requiresof supervision or the agencydetention whichof providessuch a child welfarein servicesa tostate takeor certainlocal actionsfacility tofor protect the safetydetention of children if there is reasonable cause to believe that the child andis meeta thecommercially othersexually needsexploited ofchild, theeffective child.on July 1, 2022.
Existing law prohibitsalso theits adjudicationcustody of a child who is allegedor tohas havebeen violateda certaincommercially provisionssexually ofexploited lawchild relating to prostitutionreport asthehild delinquent or in needcommercial ofsexual detentionexploitation of childrenthe ifchild there is reasonable cause to believean thatagency thewhich provides child iswelfare aservices, commercially sexually exploited child, effective on July 1, 2022.
Existing(Section law16 alsoof requireschapter a513, juvenileStatutes justiceof agencyNevada that2019, hasat reasonablepage cause3076) toSection believe35 thatof athis childbill inpostpones its custody is or has been a commercially sexually exploited child to report the commercialeffective sexualdate exploitation of thethose childprovisions tountil an agency which provides child - *SB274_R1* – 3 – welfare services, effective on July 1, 2022.2023.
(SectionEXPLANATION 16– ofMatter chapterin 513,bolded Statutesitalics ofis thosenew; provisions until July 1, 2023.5 of this bill postpones the effective date of THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
matter 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:
- 81st Session (2021) – 3 – operates 24 hours each day, 7 days each week to providey that specialized inpatient and outpatient services to commercially sexually exploited children.
1.2.
“Receiving center” means a secured facility that operates 24 hours each day, 7 days each week to provide specialized inpatient and outpatient services to commercially sexually exploited children.
Sec.
(d) Requirements concerning the operation of a receiving centercen(e) andGrounds for the facilitysuspension inor whichrevocation of a license ornd the imposition of other disciplinary action against a receiving centercenter, operates;the disciplinary actions that may be imposed and the procedure for imposing such disciplinary action.
and (e) Grounds for the suspension or revocation of a license or the imposition of other disciplinary action against a receiving center, the disciplinary actions that may be imposed and the procedure for imposing such disciplinary action.
A receiving center must ensure that each child placed in the care of the receiving center or referred to the - *SB274_R1* – 4 – receiving center for outpatient care receives, as necessary, the following services:
(b) Assessment of basic needs;
- 81st Session (2021) – 4 – (j) Therapeutic treatment to assist the child in safely transitioning to a home-based placement;
2.outpatient care to a child from an agency which provides child welfare services, a law enforcement agency, a community-based nonprofit organization, a provider of health care or other similar persons and entities.
A receiving center may accept referrals to provide outpatient care to a child from an agency which provides child welfare services, a law enforcement agency, a community-based nonprofit organization, a provider of health care or other similar persons and entities.
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(b) Representatives of each agency which provides child welfarewel(c) servicesRepresentatives inof thisstate State;and local facilities for the detention of children;
(c) Representatives of state and local facilities for the detention of children;
- *SB274_R1* – 5 – (e) Attorneys, including, without limitation, attorneys who regularly represent children in child welfare or criminal proceedings;
A receiving center which has physical custody of a child pursuant to the order of a court shall follow the protocols - 81st Session (2021) – 5 – prescribed in the regulations adopted pursuant to subsection 2 when placing the child within the receiving center.
The Division may adopt regulations requiring the certification of a facility or organization, other than a receivingrec(a) center,Facility ifor the:organization provides any type of services for commercially sexually exploited children;
(a) Facility or organization provides any type of services for commercially sexually exploited children;
The Division may bring an action in the name of the State of Nevada to enjoin any person or entity from operating a receiving center or a facility or other entity for which a licensecertificate or certificate, as applicable, is required by the regulations adopted pursuant to section 1.6 of thisthi3.actIt actis withoutsufficient ain validan licenseaction orbrought certificate,pursuant asto applicable.subsection to allege that the defendant did, on a certain date, operate:
3.
It is sufficient in an action brought pursuant to subsection 2 to allege that the defendant did, on a certain date, operate:
or - *SB274_R1* – 6 – (b) A facility or other entity for which a certificate is required by the regulations adopted pursuant to section 1.6 of this act without a valid certificate.
- 81st Session (2021) – 6 – [1.] (a) Under 18 years of age or who remain under the jurisdiction of a court pursuant to NRS 432B.594;
andand[3.] [3.] (c) Received, cared for and maintained for compensation or otherwise, including the provision of free care.
(b) Assess the needs for services and housing of commercially sexually exploited children in this State and the anticipated needs for services and housing of such children in the future, including, without limitation, the range of services and housing that are currentlycur(c) neededEvaluate andany willincentives benecessary required to recruit providers of housing for commercially sexually exploited children that meet anticipatedthe needs;criteria prescribed in paragraph (a) of subsection 3;
(c)and Evaluate(d) anyDevelop incentivesa necessaryplan to recruitestablish providersthe ofinfrastructure to provide treatment, housing forand services to commercially sexually exploited children that meetmeets the criteriarequirements prescribedof insubsection paragraph3 (a)and ofupdate subsectionthe 3;plan as necessary.
and (d) Develop a plan to establish the infrastructure to provide treatment, housing and services to commercially sexually exploited - *SB274_R1* – 7 – children that meets the requirements of subsection 3 and update the plan as necessary.
The plan developed pursuant to paragraph (d) of subsection 2 must include, without limitation, plans to:
(a) Provide specialized, evidence-based forms of housing, including, without limitation and where feasible and appropriate, home-based housing, receiving centers andor other appropriate placements, to meet the needs of each commercially sexually exploited child in this State.
(1)- To81st theSession extent(2021) appropriate,– allow7 residents– freedom of movement inside and outside the house;house;allow residents freedom of (2) Be secured from intrusion;
(2) Be secured from intrusion;
(d)exploited Providechildren.l legal representation to commercially sexually (e) Ensure that any receiving center or secured [placement for] child care facility into which commercially sexually exploited children.children [:
(e) Ensure that any receiving center or secured [placement for] child care facility into which commercially sexually exploited children [:
or (II) Protect the child from further victimization or threats by a perpetrator of commercial sexual exploitation or a person acting on behalf of such a perpetrator.] 4.(a) [“Commercially sexually exploited child” means any child who is sex trafficked in violation of NRS 201.300, a victim of sexual abuse or sexually exploited for the financial benefit of any person or in exchange for anything of value, including, without limitation, monetary or nonmonetary benefits given or received by any person.
As used in this section:
- *SB274_R1* – 8 – (a) [“Commercially sexually exploited child” means any child who is sex trafficked in violation of NRS 201.300, a victim of sexual abuse or sexually exploited for the financial benefit of any person or in exchange for anything of value, including, without limitation, monetary or nonmonetary benefits given or received by any person.
- 81st Session (2021) – 8 – [(c)] (b) “Secured child care facility” means a residential child care facility that is locked and has implemented security measures to prevent unauthorized entry or escape.
(c)NRS “Sexual432B.100.l abuse” has the meaning ascribed to it in (d) “Sexually exploited” has the meaning ascribed to it in NRS 432B.100.432B.110.
(d) “Sexually exploited” has the meaning ascribed to it in NRS 432B.110.
(d)operated;location A location at which an out-of-school-time program is operated;(e) A seasonal or temporary recreation program;
(e) A seasonal or temporary recreation program;
“Child care institution” means a facility which provides care and shelter during the day and night and provides developmental guidance to 16 or more children who do not - *SB274_R1* – 9 – routinely return to the homes of their parents or guardians.
(b) Services to children who have been diagnosed as severely emotionally disturbed as defined in NRS 433B.045, including, - 81st Session (2021) – 9 – without limitation, services relating to mental health and education;
2.center, as defined in section 1.2 of this act.ude a receiving 3.
“Child care institution” does not include a receiving center, as defined in section 1.2 of this act.
3.
(b)services Representativesin ofthis State;of each agency which provides child welfare services(c) inRepresentatives thisof State;state and local facilities for the detention of children;
(c) Representatives of state and local facilities for the detention of children;
and - *SB274_R1* – 10 – (h) Any other person deemed appropriate by the Division of Child and Family Services of the Department.
- 81st Session (2021) – 10 – 4.
A child care facility, including, without limitation, an emergency shelter, which has physical custody of a child pursuant to the order of a court shall follow the protocols prescribed in the regulations adopted pursuant to subsection 2 when placing the child withinwit5.n thetAs facility.used in this section:
5.
As used in this section:
(a) Lesbian, gay, bisexual, transgender and questioning children who are currently residing in foster homes, facilities for the detention of children, child care facilities, mental health facilities and receiving centers or who have resided in such settings;
facilities (b) Representatives of each agency which provides child welfare services in this State;
and - *SB274_R1* – 11 – (h) Any other person deemed appropriate by the Division of Child and Family Services.
(a)- Follow81st theSession protocols(2021) prescribed– in11 the– regulations adopted pursuant to subsection 2 before placing a child in an out-of-home placement;
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432C.130432C.110, 1.an agency which provides child welfare services:
UponNRS the(a) receiptShall ofconduct aan report[initial pursuantscreening] assessment to NRSdetermine 432C.110,whether anthere agencyis whichreasonable providescause to believe that the child welfare[is] services::
- *SB274_R1* – 12 – (a) Shall conduct an [initial screening] assessment using the resources of a children’s advocacy center to determine whether there is reasonable cause to believe that the child [is] :
and (2) Refer the child for any services necessary to address an unmetparagraph basic(a);ed need identified pursuant to subparagraph (4) of paragraph(c) (a);Shall make a report to the appropriate law enforcement agency for the purpose of identifying the perpetrator of the commercial sexual exploitation;
and (3) Refer the case to an attorney who specializes in representing children at the expense of the agency which provides child welfare services;
(c) Shall make a report to the appropriate law enforcement agency for the purpose of identifying the perpetrator of the commercial sexual exploitation;
and - 81st Session (2021) – 12 – (d) May conduct an assessment pursuant to chapter 432B of NRS.] 2.
An agency which provides child welfare services shall use the resources of a children’s advocacy center when conducting an resourcest pareuanavailablegraand(a) appropriateon basedn suon the circumstances contained in the report received pursuant to NRS 432C.110.
3.
3.[3.] 4.
If an agency which provides child welfare services conducts an assessment pursuant to paragraph (a) of subsection 1 - *SB274_R1* – 13 – and abuse or neglect of a child is identified, the agency which provides child welfare services may take any action authorized under chapter 432B of NRS.
If the agency which provides child welfare services places a child who is a victim of commercial sexual exploitation into protective custody pursuant to NRS 432B.390, the agency which provides child welfare services shall, whenever possible, place the child in a placement appropriate for the needs of the child, including, without limitation, the need for safety.
4.5.
If an agency which provides child welfare services has entered into an agreement with a person or an organization to provide services to a child or his or her family and the person or organization will provide such services pursuant to subsection 2,[2,] 3, the agency shall require the person or organization to notify the agency if:
[4.] 5.6.
(a)- “Abuse81st orSession neglect(2021) of– a13 child”– has the meaning ascribed to it in NRS 432B.020.
neglect of a child” has the meaning ascribed to it (b) “Children’s advocacy center” means a public or private entity that provides an environment friendly to children where multidisciplinary teams work to:
(c) “Multidisciplinary team” means a team of different types of professionals convened by a children’s advocacy center to respond to the abuse or neglect of a child.child, including, without limitation, law enforcement officers, representatives of agencies which provide child welfare services, district attorneys or their deputies, providers of health care and advocates for victims of abuse or neglect of children.
Such a team may include, without limitation, law enforcement officers, representatives of agencies which provide child welfare services, district attorneys or their deputies, providers of health care and advocates for victims of abuse or neglect of children.
(Deleted by amendment.) Sec.62B.212.
31.NR1.
NRS 62B.212 is hereby amended to read as follows:
62B.212 1.
and - *SB274_R1* – 14 – (b) To the extent applicable, comply with the Prison Rape Elimination Act, 42 U.S.C.
The Division of Child and Family Services shall adopt regulations establishing factors for a juvenile court to consider before committing a child to a public or private institution or agency, including, without limitation, a facility for the detention of children, and protocols for such an institution or agency to follow when placing a child within the institution or agency that ensure that each child who is so committed is placed in a manner that isisnsure that appropriate for the gender identity or expression of the child.
- 81st Session (2021) – 14 – (c) Representatives of state and local facilities for the detention of children;
(e) Attorneys, including, without limitation, attorneys who regularly representrepresentncluchildren children in child welfare orortorneys criminalwhcriminal proceedings;
-section *SB274_R1*1.2 –of 15this –act.” (d) “Receiving center” has the meaning ascribed to it in sectionSec. 1.2 of this act.
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§§ 15605 et seq., and all standards adopted pursuant thereto.
The Division of Child and Family Services shall adopt regulations establishing factors for a juvenile court to consider before committing a child to a facility and protocols for a facility to follow when placing a child within the facility that ensure that each child who is so committed is placed in a manner that is appropriate - 81st Session (2021) – 15 – for the gender identity or expression of the child.
(a) Lesbian, gay, bisexual, transgender and questioning children who are currently residing in foster homes, facilities for the detention of children, child care facilities , [and] mental health facilities and receiving centers or who have resided in such settings;
(a) “Agency which provides child welfare services” has the mea(b) “Child care facility” has the meaning ascribed to it in NRS 432B.030.432A.024.
(b)(c) “Child“Foster carehome” facility” has the meaning ascribed to it in NRS 432A.024.424.014.
- *SB274_R1* – 16 – (c) “Foster home” has the meaning ascribed to it in NRS 424.014.
A treatment facility and any other division facility into which a child may be committed by a court order shall treat each child committed to the facility by a court order in all respects in accordance with the child’s gender identity or expression - 81st Session (2021) – 16 – and the regulations adopted by the Division of Child and Family Services pursuant to subsection 2.
The Division of Child and Family Services of the Department shall adopt regulations establishing factors for a court to consider before committing a child to a treatment facility or other division facility and protocols for such a facility to follow whenwhenr placing a child within the facility to ensure that each child who is so committed is placed in a manner that is appropriate for the gender identity or expression of the child.
A court shall consider the factors prescribed in the regulations adopted pursuant to subsection 2 before committing a child to a treatment facility or other division facility.facility.tting a 4.
4.
- *SB274_R1* – 17 – 5.
- 81st Session (2021) – 17 – (e) “Receiving center” has the meaning ascribed to it in section 1.2 of this act.
Sec.act become effective upon passage and approval.16.5 of this 2.
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This section and sections 1 and 16.5 of this act become effective upon passage and approval.
2.
H~~~~~ 21 - *SB274_R1*81st Session (2021)
Show all 176 changed rows (136 more)
View plain text versions (4)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Reprint 2 View text pdf
- Introduced As Introduced pdf
Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Approved by the Governor. Chapter 412.
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Enrolled and delivered to Governor.
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From committee: Do pass. Declared an emergency measure under the Constitution. Read third time. Passed. Title approved. (Yeas: 39, Nays: 3.) To Senate. In Senate. To enrollment.
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From printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly. In Assembly. Read first time. Referred to Committee on Ways and Means. To committee.
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From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 571.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To printer.
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From printer. To engrossment. Engrossed. First reprint. To committee. Exemption effective.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Notice of eligibility for exemption. Read second time. Amended. (Amend. No. 262.) Taken from General File. Re-referred to Committee on Finance. To printer.
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From printer. To committee.
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Read first time. Referred to Committee on Health and Human Services. To printer.
Sponsors
- Nicole J. Cannizzaro · Cosponsor
- Julia Ratti · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 65 not signed on
Sponsors (1)
Co-sponsors (1)
- Cannizzaro, Nicole J. Democratic
Not signed on (65)
65 members have not signed on to this bill.
Show all 65 →"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.
Subjects
Frequently asked questions
- Who sponsors SB 274?
- SB 274 is sponsored by Cannizzaro, Nicole J. (Democratic) and Julia Ratti.
- What is the current status of SB 274?
- This bill has been enacted into law. Introduced March 18, 2021. Enacted.
- Where can I track SB 274?
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