Struck = removed from the bill ·
added = the amendment's new text.
SenateSession Bill(82nd) A SB294 422 Amendment No.
294–Senators422 Donate;Senate Amendment to Senate Bill No.
Flores,294 D.(BDR 15-47) Proposed by:
HarrisSenate andCommittee Scheibleon JointJudiciary Sponsor:Amends:
AssemblywomanSummary: Bilbray-Axelrod CHAPTER..........
No Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
MR/BAW - Date:
4/22/2023 S.B.
No.
294—Revises provisions relating to the safe storage of firearms.
(BDR 15-47) Page 1 of 19 *A_SB294_422* Senate Amendment No.
422 to Senate Bill No.
294 Page 3 SENATE B ILLN O.
294–SENATORS D ONATE ;
FLORES , D.
HARRIS, AND SCHEIBLE M ARCH 15,2023 _______________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to the safe storage of firearms.
(BDR 15-47) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
[creating the crime of unsafe storage of a firearm;] requiring a licensed dealer to provide a locking device capable of securing a firearm with each sale or transfer of a firearm;
requiring the board of trustees of each school district and the governing body of each charter school to include[provide certain provisions related to active assailantsshooter inpreparedness atraining plan for responding to aeach crisis,employee; emergency or suicide;
requiring the Department of Education to include in a model plan for management of a suicide, crisis or emergency a procedure for providing drills to instruct pupils in the appropriate procedures to be followed in response to an active shooter emergency;] include certain provisions related to active assailants in a plan for responding to a crisis, emergency or suicide;
childExisting tolaw: handle, possess or control a firearm under certain circumstances;
(1) prohibits a person from aiding or knowingly permitting a child to handle, possess or control a firearm under certain circumstances;
and (3) makes it a misdemeanor to negligently store or leave a firearm at a location under his or her control, if a person knows or has reason to know that there is a substantial risk that a child, who is otherwise prohibited from handling, possessing or controlling a fireSectionfirearm, 4may ofobtain thissuch bill requires a licensedfirearm. dealer to:
(NRS 202.300) [Section 6 of this bill removes certain provisions of existing law relating to the storage of firearms, and sections 2-4 of this bill instead establish the Safe Firearm Storage Act.
Section 5 of this bill makes a conforming change to indicate the proper placement of sections 2-4 in the Senate Amendment No.
422 to Senate Bill No.
294 Page 4 Nevada Revised Statutes.
Section 12 of this bill makes a conforming change to reflect the renumbering of subsections in section 6.
Section 3 of this bill, which contains the provisions of the Safe Firearm Storage Act that apply to the storage of firearms by individuals, provides that a person commits the crime of unsafe storage of a firearm when the person:
(1) knows or reasonably should know that a child under the age of 18 years, or a resident of the premises that is prohibited from possessing a firearm.
Under section 3, a person who commits the crime of unsafe storage of a firearm is guilty of a misdemeanor.
Section 3 also creates an affirmative defense to the crime of unsafe storage of a firearm if a child gained possession of and used a firearm for the purpose of exercising certain rights.
Additionally, section 3 provides that a person responsibly and securely stores a firearm if:
(1) the person carries the firearm on his or her person or within such proximity thereto that the person can readily retrieve and use the firearm as if the person carried the firearm on his or her person;
(2) the firearm is kept in a locked gun safe or other secure container or in a manner that a reasonable person would believe to be secure, and a child or a resident of the premises who is prohibited from possessing a firearm does not have access to the key, combination or other unlocking mechanism necessary to open the safe or container;
(3) the person properly installs a locking device on the firearm, and a child or resident of the premises who is prohibited from possessing a firearm does not have access to the key;
or (4) the firearm is a this bill makes a conforming change to include a necessary reference to section 3 in ation 7 of provision relating to the forfeiture of personal property used in the commission of an offense.] Section 4 of this bill [, which contains the provisions of the Safe Firearm Storage Act relating to the obligations of licensed dealers of firearms,] requires a licensed dealer to:
and (2) post in a conspicuous location on its premises a notice which informs a buyer that the [unlawful] negligent storage of a firearm may result in imprisonment or a fine.
Section 5 of this bill makes a conforming change to indicate the proper placement of section 4 in the Nevada Revised Statutes.
to indicate the proper placement of section 4 in the Nevada Existing law requires the board of trustees of each school district and the governing body of each charter school [, at least once a year,] to [provide certain training to each employee of the school] establish a development committee to develop a plan to be used by the schools indrills thefor districtevacuating orand thesecuring charterschools.(NRS school388.245)] in responding to a crisis,crisis,g concerning emergency or suicide.
(NRS 388.241, 388.243) schoolSection police[8] officers,9.1 aof planthis tobill coordinate[includes within] localrequires lawsuch enforcement[training agenciesdrills totfor has train school police officers in active assailantshooter movementpreparedness. techniques.
SectionExisting 9.1law additionally requires the planDepartment of Education to includedevelop a model plan to:for the management of a suicide or a crisis or emergency that involves a public or private school and requires immediate action.
(1)Under coordinateexisting withlaw, localthe lawmodel enforcementplan agenciesmust orprovide publicfor safetydrills organizations to provideinstruct activepupils assailantin -the 82ndappropriate Sessionprocedures (2023)to –be 2followed –in trainingsresponse to employeesa ofcrisis aor school;an emergency.
(2)(NRS provide388.253) certainSection support9 toof pupilsthis andbill ensureincludes thatin membersthe ofmodel plan drills concerning active shooter preparedness.] a plan to include, if the facultyschool anddistrict staffhas andschool police officers, a pupil’splan parentsto orcoordinate legalwith guardianslocal arelaw notifiedenforcement ofagencies theto occurrence,train developmentschool andpolice conclusionthan of50,000 apupils crisisenrolled orin anits emergencyschools, throughsection any9.1 communicationadditionally methodrequires establishedthe byplan to include a school;plan to:
(1) coordinate with local law enforcement agencies or public safety organizations to provide active assailant trainings to certain employees of the school district;
(2) provide certain support to pupils, faculty and staff who have experienced a crisis or emergency;
(3) ensure that a pupil’s parents or legal guardians are notified of a crisis or an emergency through any communication method established by a school;
and (2) the governing body ofSenate aAmendment charterNo. school to contract with the board of trustees of the school district in which the charter school is located to provide school police officers.
(NRS422 388A.384, 391.281) Sections 9.2 and 9.3 of this bill require school police officers to receiveSenate trainingBill inNo. active assailant movement techniques before beginning their movement techniques” and “active assailant training” for the purpose of sectionsant 9.1-9.3.
294 Page 5 of a charter school to contract with the board of trustees of the school district in which Sections 9.2 and 9.3 of this bill require school police officers to receive training in active assailant movement techniques before beginning their service as a school police officer.
Section 9.1 defines the terms “active assailant movement techniques” and “active assailant training” for the purpose of sections 9.1-9.3.
(NRS 439.511) Section 10 of this bill requires the Program, in consultation with the Department and to the extent that money is available, to develop and implement a safe firearm storage education campaign to inform and educate certain persons about certain information relatingprovide to local law enforcement agencies and health care providers certain materials relatingd to the safe storage of firearms.firearms;
Section 10 authorizes the Program to:
(1) develop and provide relating to the safe storage of firearms;
Section 11 of this bill further requires the Coordinator to post on the Internet or network sitepenalties informationfor relatingsuch to:an offense;
(1)and (3) the crimerequirement ofthat negligenta storagelicensed ofdealer provide a firearm;locking device with each firearm transferred.
(2)Section 11 also requires the penaltiesCoordinator forto suchdevelop and provide to certain persons an offense;informational pamphlet which includes certain information about the offense of [unsafe] negligent storage of a firearm.
and (3) the requirement that a licensed dealer Coordinator to develop and provide to certain persons an informational pamphlets the which includes certain information about the offense of negligent storage of a firearm.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Secs.Sec.
22. and 3.
[Sections 2, 3 and 4 of this act may be referred to as the Safe Firearm Storage Act.] (Deleted by amendment.) Sec.
3.
[1.
A person commits the crime of unsafe storage of a firearm when the person:
(a) Knows or reasonably should know that a child under the age of 18 years, or a resident of the premises prohibited from possessing a firearm, can gain access to the firearm;
and (b) Fails to responsibly and securely store the firearm.
2.
For the purposes of subsection 1, a person responsibly and securely stores a firearm if:
(a) The person carries the firearm on his or her person or within such proximity thereto that the person can readily retrieve and use the firearm as if the person carried the firearm on his or her person;
(b) The firearm is kept in a locked gun safe or other secure container or in a manner that a reasonable person would believe to be secure, and a child or a resident of the premises who is prohibited from possessing a firearm does not have access to the key, combination or other unlocking mechanism necessary to open the safe or container;
(c) The person properly installs a locking device on the firearm, and a child or resident of the premises who is prohibited from possessing a firearm does not Senate Amendment No.
422 to Senate Bill No.
294 Page 6 have access to the key, combination or other unlocking mechanism necessary to remove the locking device;
or (d) The firearm is a personalized firearm, and the safety characteristics of the firearm are activated.
3.
A person who violates any provision of subsection 1 is guilty of a misdemeanor.
The provisions of this section do not apply to storing an antique firearm or a firearm that has been determined to be a curio or relic pursuant to 18 U.S.C.
Chapter 44.
5.
It is an affirmative defense to an offense charged pursuant to this section that a child gained possession of and used a firearm for the purpose of exercising the rights contained in NRS 200.120 or 200.200 or in defense of livestock.
6.
As used in this section:
(a) “Locking device” means a device which prohibits the operation or discharge of a firearm and which can only be disabled with the use of a key, a combination, biometric data or other similar means.
(b) “Personalized firearm” means a firearm that has, as part of its original manufacture, incorporated design technology that allows the firearm to be fired only by the authorized user and prevents any of the safety characteristics of the firearm from being readily deactivated by anyone other than the authorized user.
Such design technology may include, without limitation, fingerprint verification, magnetic encoding, radio frequency tagging and other automatic user identification systems utilizing biometric, mechanical or electronic systems.] (Deleted by amendment.) Sec.
4.
- 82nd Session (2023) – 3 – (a) Provide with each firearm sold or otherwise transferred a locking device capable of securing the firearm;
and (b) Post in a conspicuous location on its premises and at any other location at which the dealer sells a firearm a sign which is not less than 8.5 inches wide by 11 inches high and which contains, in at least 24-point boldface type, the following:
NOTICE [Unlawful] Negligent storage of a firearm may result in imprisonment or fine.
A licensed dealer who violates any provision of subsection 1 is guilty of a misdemeanor and shall be punished by a fine of not more than $500.
The provisions of this section do not apply to storing an antique firearm or a firearm that has been determined to be a curio or relic pursuant to 18 U.S.C.
(b) “Locking device” [has the meaning ascribed to it in section 3 of this act.] means a device which prohibits the operation or discharge of a firearm and which can only be disabled with the use of a key, a combination, biometric data or other similar means.
202.253 As used in NRS 202.253 to 202.369, inclusive [:] , and [sections 2, 3 and] section 4 of this act:
incendiary2. material or substance that has been constructed, altered, packaged or arranged in such a manner that its ordinary use would cause destruction or injury to life or property.
3.“Explosive or incendiary device” means any explosive or incendiary material or substance that has been constructed, altered, packaged or arranged in such a manner that its ordinary use would cause destruction or injury to life or property.
Senate Amendment No.
422 to Senate Bill No.
294 Page 7 3.
- 82nd Session (2023) – 4 – 7.
(b) Requires a separate function of the trigger to fire each cartridge;
andsand a separate function of the trigger to fire each (c) Is not a machine gun.
Secs.Sec.
6-9.6.
(Deleted[NRS by202.300 amendment.)is Sec.hereby amended to read as follows:
202.300 1.
Except as otherwise provided in this section, a child under the age of 18 years shall not handle or have in his or her possession or under his or her control, except while accompanied by or under the immediate charge of his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, any firearm of any kind for hunting or target practice or for other purposes.
A child who violates this subsection commits a delinquent act and the court may order the detention of the child in the same manner as if the child had committed an act that would have been a felony if committed by an adult.
2.
A person who aids or knowingly permits a child to violate subsection 1:
(a) Except as otherwise provided in paragraph (b), for the first offense, is guilty of a misdemeanor.
(b) For a first offense, if the person knows or has reason to know that there is a substantial risk that the child will use the firearm to commit a violent act, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
(c) For a second or any 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 a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
3.
A person does not aid or knowingly permit a child to violate subsection 1 if:
(a) [The firearm was stored in a securely locked container or at a location which a reasonable person would have believed to be secure;
(b)] The child obtained the firearm as a result of an unlawful entry by any person in or upon the premises where the firearm was stored;
[(c)] (b) The injury or death resulted from an accident which was incident to target shooting, sport shooting or hunting;
or Senate Amendment No.
422 to Senate Bill No.
294 Page 8 [(d)] (c) The child gained possession of the firearm from a member of the military or a law enforcement officer, while the member or officer was performing his or her official duties.
4.
The provisions of subsection 1 do not apply to a child who is a member of the Armed Forces of the United States.
5.
[Unless a greater penalty is provided by law, a person is guilty of a misdemeanor who:
(a) Negligently stores or leaves a firearm at a location under his or her control;
and (b) Knows or has reason to know that there is a substantial risk that a child prohibited from handling or having in his or her possession or under his or her control any firearm pursuant to this section may obtain such a firearm.
6.] Except as otherwise provided in subsection [9,] 8, a child who is 14 years of age or older, who has in his or her possession a valid license to hunt, may handle or have in his or her possession or under his or her control, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child:
(a) A rifle or shotgun that is not a fully automatic firearm, if the child is not otherwise prohibited by law from possessing the rifle or shotgun and the child has the permission of his or her parent or guardian to handle or have in his or her possession or under his or her control the rifle or shotgun;
or (b) A firearm capable of being concealed upon the person, if the child has the written permission of his or her parent or guardian to handle or have in his or her possession or under his or her control such a firearm and the child is not otherwise prohibited by law from possessing such a firearm, and the child is traveling to the area in which the child will be hunting or returning from that area and the firearm is not loaded, or the child is hunting pursuant to that license.
[7.] 6.
Except as otherwise provided in subsection [9,] 8, a child who is 14 years of age or older may handle or have in his or her possession or under his or her control a rifle or shotgun that is not a fully automatic firearm if the child is not otherwise prohibited by law from possessing the rifle or shotgun, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, if the child has the permission of his or her parent or guardian to handle or have in his or her possession or under his or her control the rifle or shotgun and the child is:
(a) Attending a course of instruction in the responsibilities of hunters or a course of instruction in the safe use of firearms;
(b) Practicing the use of a firearm at an established firing range or at any other area where the discharge of a firearm is permitted;
(c) Participating in a lawfully organized competition or performance involving the use of a firearm;
(d) Within an area in which the discharge of firearms has not been prohibited by local ordinance or regulation and the child is engaging in a lawful hunting activity in accordance with chapter 502 of NRS for which a license is not required;
(e) Traveling to or from any activity described in paragraph (a), (b), (c) or (d), and the firearm is not loaded;
(f) On real property that is under the control of an adult, and the child has the permission of that adult to possess the firearm on the real property;
or (g) At his or her residence.
[8.] 7.
Except as otherwise provided in subsection [9,] 8, a child who is 14 years of age or older may handle or have in his or her possession or under his or her control, for the purpose of engaging in any of the activities listed in paragraphs (a) Senate Amendment No.
422 to Senate Bill No.
294 Page 9 to (g), inclusive, of subsection [7,] 6, a firearm capable of being concealed upon the person, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, if the child:
(a) Has the written permission of his or her parent or guardian to handle or have in his or her possession or under his or her control such a firearm for the purpose of engaging in such an activity;
and (b) Is not otherwise prohibited by law from possessing such a firearm.
[9.] 8.
A child shall not handle or have in his or her possession or under his or her control a loaded firearm if the child is:
(a) An occupant of a motor vehicle;
(b) Within any residence, including his or her residence, or any building other than a facility licensed for target practice, unless possession of the firearm is necessary for the immediate defense of the child or another person;
or (c) Within an area designated by a county or municipal ordinance as a populated area for the purpose of prohibiting the discharge of weapons, unless the child is within a facility licensed for target practice.
[10.] 9.
For the purposes of this section, a firearm is loaded if:
(a) There is a cartridge in the chamber of the firearm;
(b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver;
or (c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.] (Deleted by amendment.) Sec.
7.
[NRS 179.121 is hereby amended to read as follows:
179.121 1.
All personal property, including, without limitation, any tool, substance, weapon, machine, computer, money or security, which is used as an instrumentality in any of the following crimes is subject to forfeiture:
(a) The commission of or attempted commission of the crime of murder, robbery, kidnapping, burglary, invasion of the home, grand larceny or theft if it is punishable as a felony;
(b) The commission of or attempted commission of any felony with the intent to commit, cause, aid, further or conceal an act of terrorism;
(c) A violation of NRS 202.445 or 202.446;
(d) The commission of any crime by a criminal gang, as defined in NRS 213.1263;
or (e) A violation of NRS 200.463 to 200.468, inclusive, 201.300, 201.320, 201.395, 202.265, 202.287, 205.473 to 205.513, inclusive, 205.610 to 205.810, inclusive, 370.380, 370.382, 370.405, 465.070 to 465.086, inclusive, 630.400, 630A.600, 631.400, 632.285, 632.291, 632.315, 633.741, 634.227, 634A.230, 635.167, 636.145, 637.090, 637B.290, 639.100, 639.2813, 640.169, 640A.230, 644A.900 or 654.200 [.] or section 3 of this act.
2.
Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301 or 501.3857, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 202.287, 202.300 or 465.070 to 465.086, inclusive, are subject to forfeiture except that:
(a) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the felony or violation;
Senate Amendment No.
422 to Senate Bill No.
294 Page 10 (b) A conveyance is not subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the owner’s knowledge, consent or willful blindness;
(c) A conveyance is not subject to forfeiture for a violation of NRS 202.300 or section 3 of this act if the firearm used in the violation of that section was not loaded at the time of the violation;
and (d) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the felony.
If a conveyance is forfeited, the appropriate law enforcement agency may pay the existing balance and retain the conveyance for official use.
3.
For the purposes of this section, a firearm is loaded if:
(a) There is a cartridge in the chamber of the firearm;
(b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver;
or (c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.
4.
As used in this section, “act of terrorism” has the meaning ascribed to it in NRS 202.4415.] (Deleted by amendment.) Sec.
8.
[NRS 388.245 is hereby amended to read as follows:
388.245 1.
Each emergency operations plan development committee shall, at least once each year, review and update as appropriate the plan that it developed pursuant to NRS 388.243.
In reviewing and updating the plan, the emergency operations plan development committee shall consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Office of the Military or his or her designee.
2.
Each emergency operations plan development committee shall provide an updated copy of the plan to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.
3.
On or before July 1 of each year, the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee shall submit for review to the Division of Emergency Management of the Office of the Military the plan updated pursuant to subsection 1.
4.
The board of trustees of each school district and the governing body of each charter school shall:
(a) Post a notice of the completion of each review and update that its emergency operations plan development committee performs pursuant to subsection 1 on the Internet website maintained by the school district or governing body and by each school in the school district or by the charter school, as applicable;
(b) File with the Department a copy of the notice posted pursuant to paragraph (a);
(c) Post a link to NRS 388.229 to 388.266, inclusive, on the Internet website maintained by each school in its school district or by the charter school;
(d) Retain a copy of each plan developed pursuant to NRS 388.243, each plan updated pursuant to subsection 1 and each deviation approved pursuant to NRS 388.251;
(e) Provide a copy of each plan developed pursuant to NRS 388.243 and each plan updated pursuant to subsection 1 to:
Senate Amendment No.
422 to Senate Bill No.
294 Page 11 (1) Each local public safety agency in the county in which the school district or charter school is located;
and (2) The local organization for emergency management, if any;
(f) Upon request, provide a copy of each plan developed pursuant to NRS 388.243 and each plan updated pursuant to subsection 1 to a local agency that is included in the plan and to an employee of a school who is included in the plan;
(g) Provide a copy of each deviation approved pursuant to NRS 388.251 as soon as practicable to:
(1) The Department;
(2) A local public safety agency in the county in which the school district or charter school is located;
(3) The Division of Emergency Management of the Office of the Military;
(4) The local organization for emergency management, if any;
(5) A local agency that is included in the plan;
and (6) An employee of a school who is included in the plan;
and (h) At least once each year, provide training in responding to a crisis and training in responding to an emergency to each employee of the school district or of the charter school, including, without limitation, training concerning drills for active shooter preparedness and evacuating and securing schools.
5.
The board of trustees of each school district and the governing body of each charter school may apply for and accept gifts, grants and contributions from any public or private source to carry out the provisions of NRS 388.229 to 388.266, inclusive.] (Deleted by amendment.) Sec.
9.
[NRS 388.253 is hereby amended to read as follows:
388.253 1.
The Department shall, with assistance from other state agencies, including, without limitation, the Division of Emergency Management of the Office of the Military and the Investigation Division and the Nevada Highway Patrol Division of the Department of Public Safety, develop a model plan for the management of:
(a) A suicide;
(b) A crisis or emergency that involves a public school or a private school and that requires immediate action;
and (c) All other hazards.
2.
The model plan must include, without limitation, a procedure for:
(a) In response to a crisis or emergency:
(1) Coordinating the resources of local, state and federal agencies, officers and employees, as appropriate;
(2) Accounting for all persons within a school;
(3) Assisting persons within a school in a school district, a charter school or a private school to communicate with each other;
(4) Assisting persons within a school in a school district, a charter school or a private school to communicate with persons located outside the school, including, without limitation, relatives of pupils and relatives of employees of such a school, the news media and persons from local, state or federal agencies that are responding to a crisis or an emergency;
(5) Assisting pupils of a school in the school district, a charter school or a private school, employees of such a school and relatives of such pupils and employees to move safely within and away from the school, including, without limitation, a procedure for evacuating the school and a procedure for securing the school;
(6) Reunifying a pupil with his or her parent or legal guardian;
(7) Providing any necessary medical assistance;
(8) Recovering from a crisis or emergency;
Senate Amendment No.
422 to Senate Bill No.
294 Page 12 (9) Carrying out a lockdown at a school;
(10) Providing shelter in specific areas of a school;
and (11) Providing disaster behavioral health related to a crisis, emergency or suicide .
[;] (b) Providing specific information relating to managing a crisis or emergency that is a result of:
(1) An incident involving hazardous materials;
(2) An incident involving mass casualties;
(3) An incident involving an active shooter;
(4) An incident involving a fire, explosion or other similar situation;
(5) An outbreak of disease, including, without limitation, an epidemic;
(6) Any threat or hazard identified in the hazard mitigation plan of the county in which the school district is located, if such a plan exists;
or (7) Any other situation, threat or hazard deemed appropriate .
[;] (c) Providing pupils and staff at a school that has experienced a crisis or emergency with access to counseling and other resources to assist in recovering from the crisis or emergency .
[;] (d) Evacuating pupils and employees of a charter school to a designated space within an identified public middle school, junior high school or high school in a school district that is separate from the general population of the school and large enough to accommodate the charter school, and such a space may include, without limitation, a gymnasium or multipurpose room of the public school .
[;] (e) Selecting an assessment tool which assists in responding to a threat against the school by a pupil or pupils .
[;] (f) On an annual basis, providing drills to instruct pupils in the appropriate procedures to be followed in response to a crisis or an emergency [.
, including, without limitation, drills concerning active shooter preparedness.
Such drills must occur:
(1) At different times during normal school hours;
and (2) In cooperation with other state agencies, pursuant to this section.
(g) Responding to a suicide or attempted suicide to mitigate the effects of the suicide or attempted suicide on pupils and staff at the school, including, without limitation, by making counseling and other appropriate resources to assist in recovering from the suicide or attempted suicide available to pupils and staff .
[;] (h) Providing counseling and other appropriate resources to pupils and school staff who have contemplated or attempted suicide .
[;] (i) Outreach to persons and organizations located in the community in which a school that has had a suicide by a pupil, including, without limitation, religious and other nonprofit organizations, that may be able to assist with the response to the suicide .
[;] (j) Addressing the needs of pupils at a school that has experienced a crisis, emergency or suicide who are at a high risk of suicide, including, without limitation, pupils who are members of the groups described in subsection 3 of NRS 388.256 .
[;
and] (k) Responding to a pupil who is determined to be a person in mental health crisis, as defined in NRS 433A.0175, including, without limitation:
(1) Utilizing mobile mental health crisis response units, where available, before transporting the pupil to a public or private mental health facility pursuant to subparagraph (2);
and (2) Transporting the pupil to a public or private mental health facility or hospital for placement on a mental health crisis hold pursuant to NRS 433A.160.
Senate Amendment No.
422 to Senate Bill No.
294 Page 13 3.
In developing the model plan, the Department shall consider the plans developed pursuant to NRS 388.243 and 394.1687 and updated pursuant to NRS 388.245 and 394.1688.
4.
The Department shall require a school district to ensure that each public school in the school district identified pursuant to paragraph (d) of subsection 2 is prepared to allow a charter school to evacuate to the school when necessary in accordance with the procedure included in the model plan developed pursuant to subsection 1.
A charter school shall hold harmless, indemnify and defend the school district to which it evacuates during a crisis or an emergency against any claim or liability arising from an act or omission by the school district or an employee or officer of the school district.
5.
The Department may disseminate to any appropriate local, state or federal agency, officer or employee, as the Department determines is necessary:
(a) The model plan developed by the Department pursuant to subsection 1;
(b) A plan developed pursuant to NRS 388.243 or updated pursuant to NRS 388.245;
(c) A plan developed pursuant to NRS 394.1687 or updated pursuant to NRS 394.1688;
and (d) A deviation approved pursuant to NRS 388.251 or 394.1692.
6.
The Department shall, at least once each year, review and update as appropriate the model plan developed pursuant to subsection 1.] (Deleted by amendment.) Sec.
Each emergency operations plan development committee shall, when developing the plan:
plan development committee shall, (a) Consult with local social service agencies and local public safety agencies in the county in which its school district or charter school is located.
(e) Consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of -Emergency 82ndManagement Sessionof (2023)the –Office 5of –the Military or his or her designee.
Management of the Office of the Military or his or her (f) Consult with the State Fire Marshal or his or her designee and a representative of a local government responsible for enforcement of the ordinances, codes or other regulations governing fire safety.
2.Senate Amendment No.
422 to Senate Bill No.
294 Page 14 2.
(b) A procedure for responding to a crisis or an emergency and for responding during the period after a crisis or an emergency has concluded, including, without limitation, a crisis or an emergency that results in immediate physical harm to a pupil or employee of a school in the school district or the charter school;
(f) A procedure for responding to a crisis or an emergency that occurs during an extracurricular activity which takes place on school grounds;
[and]and (h) A description of the organizational structure which ensures there is a clearly defined hierarchy of authority and responsibility used by the school for the purpose of responding to a crisis, emergency or suicidesuicide. [.] ;
-(i) 82ndIf Sessionthe (2023)school –district 6has –school police officers, a plan to coordinate with local law enforcement agencies to train schoolanschool to police officers in active assailant movement techniques;techniques.
(j) AIn plana toschool coordinatedistrict withwhich localhas lawmore enforcementthan agencies50,000 orpupils publicenrolled safetyin organizationsits toschools, providea activeplan assailantto: trainings to each employee of the school;
(k)(1) ACoordinate planwith local law enforcement agencies or public safety organizations to provide supportactive to:assailant trainings to each employee of the school district;
(1)(2) PupilsProvide whosupport haveto: experienced a crisis or emergency by using trauma-informed and age-appropriate resources;
and(I) (2)Pupils Members of the faculty and staff who have experienced a crisis or emergency by using trauma-informed resources;and age-appropriate resources.
(l)(II) AFaculty plan to ensure that members of the faculty and staff andwho ahave pupil’sexperienced parents or legal guardians are notified of the occurrence, development and conclusion of a crisis or an emergency through any communication method established by ausing school,trauma-informed including,resources. without limitation, communicating through text message or electronic mail;
and(3) Ensure that a pupil’s parentparents or legal guardianguardians ofare anynotified stateof requirementa relatedcrisis toor thean storageemergency ofthrough firearms,any including,communication withoutmethod limitation,established theby crimesa andschool, penaltiesincluding, describedwithout inlimitation, subsectioncommunicating 5through oftext NRSmessage 202.300or andelectronic sectionmail. 4 of this act.
(4) At least twice each academic year, inform a pupil’s parent or legal guardian of any state requirement related to the storage of firearms, including, without limitation, the crimes and penalties described in subsection 5 of NRS 202.300 and section 4 of this act.
The board of trustees of the school district that established the committee or the governing body of the charter school that established the committee shall submitSenate forAmendment reviewNo. to the Division of Emergency Management of the Office of the Military the plan developed pursuant to this section.
422 to Senate Bill No.
294 Page 15 submit for review to the Division of Emergency Management of the Office of the Military the plan developed pursuant to this section.
Except as otherwise provided in NRS 388.249 and 388.251, pursuanteach topublic thisschool section.omplymust comply with the plan developed for it 6.pursuant to this section.
6.
- 82nd Session (2023) – 7 – Sec.
If the governing body of a charter school makes a request to the board of trustees of the school district in which the charter school is located for the provision of school police officers pursuant to NRS 388A.378, the board of trustees of the schoolofficersschool district must enter into a contract with the governing body for that purpose.
The governing body of a charter school shall ensure that each school police officer receives training in active assailant movement techniques before beginning his or her service as alanta school police officer.
(a) A full set of the applicant’s or employee’s fingerprints and written permission authorizing the school district to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant or employee and for submission to the Federal Bureau of -Investigation 82nd Session (2023) – 8 – employee.tion for its report on the criminal history of the applicant or (b)employee. Written authorization for the board of trustees of the school district to obtain any information concerning the applicant or employee that may be available from the Statewide Central Registry and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant or employee has resided within the immediately preceding 5 years.
2.(b) Written authorization for the board of trustees of the school district to obtain any information concerning the applicant or employee that may be available from the Statewide Central Registry and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant or employee has resided within the immediately preceding 5 years.
Senate Amendment No.
422 to Senate Bill No.
294 Page 16 2.
The board of trustees of a school district may use a substantiated report of the abuse or neglect of a child, as defined in NRS 392.281, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:
If the board of trustees of a school district employs or appoints persons to serve as school police officers, the board of trustees shall employ a law enforcement officer to serve as the chief of school police who is supervised by the superintendent of schools of the school district.
-6. 82nd Session (2023) – 9 – a metropolitan police department created pursuant to chapter 280 ofas NRS may contract with the metropolitan police department for the provision and supervision of police services in the public schools within the jurisdiction of the metropolitan police department and on property therein that is owned by the school district and on property therein that is owned or occupied by a charter school if the board of trustees has entered into a contract with the charter school for the provision of school police officers pursuant to NRS 388A.384.
The board of trustees of a school district in a county that has a metropolitan police department created pursuant to chapter 280 of NRS may contract with the metropolitan police department for the provision and supervision of police services in the public schools within the jurisdiction of the metropolitan police department and on property therein that is owned by the school district and on property therein that is owned or occupied by a charter school if the board of trustees has entered into a contract with the charter school for the provision of school police officers pursuant to NRS 388A.384.
If the board of trustees of a school district contracts with a metropolitan police department pursuant to this subsection, the board of trustees shall, if applicable, cooperate with appropriate local law enforcement agencies within the school district for the provision and supervision of police services in the public schools within the school district, including, without limitation, any charter school with which the school district has entered into a contract forrfor the provision of school police officers pursuant to NRS 388A.384, and on property owned by the school district and, if applicable, the property owned or occupied by the charter school, but outside the jurisdiction of the metropolitan police department.
The board of trustees of a school district in a county that does not have a metropolitan police department created pursuant to chapter 280 of NRS may contract with the sheriff of that county for the provision of police services in the public schools within the school district, including, without limitation, in any charter school with which the board of trustees has entered into a contract for the provisionSenate ofAmendment schoolNo. police officers pursuant to NRS 388A.384, and on property therein that is owned by the school district and, if applicable, the property owned or occupied by the charter school.
422 to Senate Bill No.
294 Page 17 provision of school police officers pursuant to NRS 388A.384, and on property therein that is owned by the school district and, if applicable, the property owned or occupied by the charter school.
The board of trustees of a school district shall ensure that eac(a)each Theschool preventionpolice ofofficer suicidereceives ;training in [the] :
andaining(a) inThe [the]prevention :of suicide ;
and (b) Active assailant movement techniques, before beginning his or her service as a school police officer.
To the extent that money is available, and in consultation with the Department, the Statewide Program for Suicide -Prevention 82ndshall Sessiondevelop (2023)and –implement 10a –safe firearm storage education campaign to inform and educate purchasers ofstorageof firearms, licensed dealers, shooting ranges and safety instructors about the safe storage of firearms and state requirements related to the safe storage of firearms.
and (c) In furtherance of the goals of the education campaign, use any publishing, radio or other advertising medium or any other form of messaging deemed appropriate by the Department.yDepartment. other 3.
The3. Department shall provide information on the Internet or network site developed pursuant to paragraph (i) of subsection of NRS 439.511, information about community programs that allow owners of firearms to voluntarily and temporarily store a firearm at a secure location outside of the home, including, without limitation, a licensed dealer, gun range or law enforcement agency.
The Department shall provide information on the Internet or network site developed pursuant to paragraph (i) of subsection [2] 3 of NRS 439.511, information about community programs that allow owners of firearms to voluntarily and temporarily store a firearm at a secure location outside of the home, including, without limitation, a licensed dealer, gun range or law enforcement agency.
There is hereby created within the Department a implement the Statewide Program for Suicide Prevention,Prevention. whichl must, without limitation:
The Department shall implement the Statewide Program for Suicide Prevention, which must, without limitation:
and (c) Carry out training programs for suicide prevention for law enforcement personnel, providers of health care, school employees, family members of veterans, members of the military and other - 82nd Session (2023) – 11 – persons at risk of suicide.andsuicide and other persons who have contact with 2.persons at risk of suicide.
2.
(1)Senate AAmendment bachelor’sNo. degree in social work, psychology, sociology, counseling or a closely related field and 5 years or more of work experience in behavioral health or a closely related field;
422 to Senate Bill No.
294 Page 18 (1) A bachelor’s degree in social work, psychology, sociology, counseling or a closely related field and 5 years or more of work experience in behavioral health or a closely related field;
(2) Knowledge of group behavior and dynamics, methods of facilitation, community development, behavioral health treatment and prevention programs, and community-based behavioral healthnthealth problems;
(b) Provide training to persons who, as part of their usual routine, have face-to-faceface-to- face contact with persons who may be at risk of suicide, including, without limitation, training to recognize persons at risk of suicide and providing information on how to refer those persons for treatment or supporting services, as appropriate;
(c) To the extent that money is available for this purpose, provide training to family members of veterans, members of the military and other persons at risk of suicide, including, without limitation, training in recognizing and productively interacting with persons at risk of suicide and the manner in which to refer those persons to persons professionally trained in suicide intervention and prevention;
- 82nd Session (2023) – 12 – (f) Link persons trained in the assessment of and intervention in suicide with schools, public community centers, nursing homes and other facilities serving persons most at risk of suicide;
(g) Coordinate the establishment of local advisory groups in eac(h)each Workcounty to swithrtsupport tgroupsortsadvocatingatewsuicidegraprevention,the communityefforts coalitions, managers of existing crisis hotlines that are nationally accredited or certified, and staff members of mental health agencies in this State to identify and address the barriersStatewide thatProgram; interfere with providing services to groups of persons who are at risk of suicide, including, without limitation, elderly persons, Native Americans, youths and residents of rural communities;
(h) Work with groups advocating suicide prevention, community coalitions, managers of existing crisis hotlines that are nationally accredited or certified, and staff members of mental health agencies in this State to identify and address the barriers that interfere with providing services to groups of persons who are at risk of suicide, including, without limitation, elderly persons, Native Americans, youths and residents of rural communities;
(j) Post on the Internet or network site developed and maintained pursuant to paragraph (i) any applicable law relating to the [unsafe] negligent storage of a firearm, including, without limitation, the crimes and penalties described in [sections 3] subsection 5 of NRS 202.300 and section 4 of this act;
[(k)]Senate (l)Amendment DevelopNo. and submit proposals for funding from agencies of the Federal Government and nongovernmental org(l)] (m) Oversee and provide technical assistance to each person employed to act as a trainer for suicide prevention pursuant to NRS 439.513 [.] ;
and422 (n) Develop and provide to licensedSenate dealers,Bill shootingNo. ranges, safety instructors and health care providers an information pamphlet which includes information about any applicable law relating to the negligent storage of a firearm, including, without limitation, subsection 5 of NRS 202.300 and section 4 of this act.
294 Page 19 [(k)] (l) Develop and submit proposals for funding from agencies of the Federal Government and nongovernmental organizations;
[and (l)] (m) Oversee and provide technical assistance to each person employed to act as a trainer for suicide prevention pursuant to NRS 439.513 [.] ;
and (n) Develop and provide to licensed dealers, shooting ranges, safety instructors and health care providers an information pamphlet which includes information about any applicable law relating to the [unsafe] negligent storage of a firearm, including, without limitation, [sections 3 and] subsection 5 of NRS 202.300 and section 4 of this act.
and -(3) 82ndA Sessionsite (2023)on –a 13network –that is owned, operated, administered or controlled by a provider of Internet service.erated,service. administered (b) “Systems of surveillance” means systems pursuant to which the health conditions of the general public are regularly monitored through systematic collection, evaluation and reporting of measurable information to identify and understand trends relating to suicide.
(b) “Systems of surveillance” means systems pursuant to which the health conditions of the general public are regularly monitored through systematic collection, evaluation and reporting of measurable information to identify and understand trends relating to suicide.
(Deleted[NRS by502.010 amendment.)is Sec.hereby amended to read as follows:
502.010 1.
A person who hunts or fishes any wildlife without having first procured a license or permit to do so, as provided in this title, is guilty of a misdemeanor, except that:
(a) A license to hunt or fish is not required of a resident of this State who is under 12 years of age, unless required for the issuance of tags as prescribed in this title or by the regulations of the Commission.
(b) A license to fish is not required of a nonresident of this State who is under 12 years of age, but the number of fish taken by the nonresident must not exceed 50 percent of the daily creel and possession limits as provided by law.
(c) Except as otherwise provided in subsection [6] 5 or [7] 6 of NRS 202.300 and NRS 502.066, it is unlawful for any child who is under 18 years of age to hunt any wildlife with any firearm, unless the child is accompanied at all times by the child’s parent or guardian or is accompanied at all times by an adult person authorized by the child’s parent or guardian to have control or custody of the child to hunt if the authorized person is also licensed to hunt.
(d) A child under 12 years of age, whether accompanied by a qualified person or not, shall not hunt big game in the State of Nevada unless he or she participates in a program established pursuant to NRS 502.104.
This section does not prohibit any child from accompanying an adult licensed to hunt.
(e) The Commission may adopt regulations setting forth:
(1) The species of wildlife which may be hunted or trapped without a license or permit;
or (2) The circumstances under which a person may fish without a license, permit or stamp in a lake or pond that is located entirely on private property and is stocked with lawfully acquired fish.
(f) The Commission may declare 1 day per year as a day upon which persons may fish without a license to do so.
2.
This section does not apply to the protection of persons or property from unprotected wildlife on or in the immediate vicinity of home or ranch premises.] (Deleted by amendment.) Sec.
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